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Immigration
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August 19, 2024
Groups Lack Standing To Challenge Asylum Rule, Texas Says
The state of Texas asked a D.C. federal judge to grant it and the federal government victory in a suit brought by two immigrants' rights organizations challenging a rule from President Joe Biden's administration limiting asylum in the U.S.
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August 16, 2024
Texas AG Wants Border Patrol To Turn Over Communications
The Texas Office of the Attorney General has sued U.S. Customs and Border Protection in federal court, seeking for the agency to turn over communications with a Catholic Charities representative, which the attorney general said could be aiding in illegal crossings of the U.S.-Mexico border.
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August 16, 2024
SG Tells High Court No Reason To Unblock Ariz. Voter Law
Solicitor General Elizabeth Prelogar urged the U.S. Supreme Court on Friday to reject an argument from the Republican National Committee and two top Arizona lawmakers that federal law can't preempt the state from requiring proof of citizenship to vote.
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August 16, 2024
DHS Unit Unveils Guide Ahead Of New Parole Program Start
The Biden administration released a guide Friday about a program set to roll out Monday that will allow certain foreigners married to U.S. citizens and their children to apply for green cards and get work authorization without leaving the U.S.
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August 16, 2024
7th Circ. Limits Collectives' Reach In H-2A Workers' OT Case
Collective suits are similar to mass actions consolidating individual cases, a split Seventh Circuit panel found Friday, ruling in a Fair Labor Standards Act overtime suit from H-2A temporary agricultural workers that a court needs to establish jurisdiction over each member of the collective.
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August 16, 2024
Atty Gets 32 Months In Prison For Bribing Chicago Alderman
An Illinois federal judge on Friday sentenced an immigration attorney and real estate developer convicted of bribing former Chicago Alderman Ed Burke to two years and eight months in prison, maintaining prison time is warranted because the lawyer initiated the bribe and tried to hide it from federal agents and the grand jury.
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August 16, 2024
State Dept. Says Annual Cap Reached On EB-3, EB-5 Visas
The U.S. State Department said Friday that the annual cap has been reached for two different preference categories of employment-based immigrant visas.
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August 16, 2024
ICE Arresting More Detained Noncitizens, Report Shows
U.S. Immigration and Customs Enforcement has been making more arrests while Customs and Border Protection has been making fewer in fiscal year 2024, corresponding to the Biden administration's efforts to limit asylum access at the U.S.-Mexico border, a new report shows.
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August 16, 2024
9th Circ. Revives Jamaican Man's Bid To Fight Removal
The Ninth Circuit resuscitated a Jamaican man's case to fight his removal from the country, agreeing with both the man and the government that an immigration appeals board misapplied the law when it dismissed the suit.
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August 16, 2024
NC Legislation To Watch In 2024: A Midyear Report
College "prop bets" are on the line, and a public face mask requirement could be torpedoed — at least in some situations — under two proposals being considered by the North Carolina General Assembly.
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August 15, 2024
7th Circ. Says Voluntary Departure Eligibility Limits Are Sound
The Seventh Circuit on Thursday rejected a Mexican man's challenge to a regulation that limits the availability of voluntary departure, saying Congress gave the attorney general the authority to whittle down who is eligible.
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August 15, 2024
Feds Say Texas Lacks Standing To Join Asylum-Limits Suit
The federal government is reiterating its arguments that the state of Texas should not be allowed to join a lawsuit challenging the Biden administration's newest limits on asylum seekers, arguing Thursday that a Texas federal judge's dismissal of the state's challenge to a 2023 asylum rule was instructive.
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August 15, 2024
Judge Wary Of Paxton's Bid To 'Annihilate' Houston Nonprofit
A Texas state judge indicated Thursday that he was hesitant to allow Texas Attorney General Ken Paxton to file a suit seeking to take away an immigrant-led nonprofit's corporate charter, telling attorneys that Paxton was asking him "to go zero to 100" by seeking "annihilation" of the entity.
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August 15, 2024
DHS Sets Immigrant Worker Reforms For June 2025 Agenda
The U.S. Department of Homeland Security has proposed amending its regulations in three preference classifications, setting possible rulemaking for its semiannual regulatory agenda in June 2025.
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August 15, 2024
Illinois Rep. Touts Bill To Train Immigration Court Attys
U.S. Rep. Delia Ramirez, D-Ill., said Thursday that a large number of defendants in U.S. immigration courts have no legal representation due to those courts having no policy to provide them with an attorney if they can't afford it and touted a bill she co-sponsored that would create a grant program to train more immigration attorneys.
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August 15, 2024
DC Judge Restarts Border Wall Suit After Deal Scuttled
A D.C. federal judge has resumed a suit over border wall damage on Arizona ranch lands after the ranches and the Biden administration said a Texas injunction in a different case upended a potential settlement in this one.
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August 14, 2024
ICE Faces Trimmed Suit Over Detainee's COVID-19 Death
A California federal court on Tuesday again allowed U.S. Immigration and Customs Enforcement to trim a lawsuit alleging it failed to protect a man who died in detention but kept claims alleging ICE failed to oversee its facilities or protect the man from COVID-19.
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August 14, 2024
GSA Hit With Protest Over $985M Migrant Kid Transport Deal
Trailboss Enterprises Inc. is protesting the General Services Administration's decision to award a $985.4 million transportation and logistics contract for unaccompanied children in federal custody to a competitor, saying it lost the contract because of a flawed selection process.
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August 14, 2024
House Republicans Press DHS On Pause Of Parole Program
House Republicans are pressing the U.S. Department of Homeland Security for more information about why the agency paused a humanitarian program for Cuba, Haiti, Nicaragua and Venezuela, saying documents the agency already turned over highlight issues with sponsor vetting.
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August 14, 2024
1st Circ. Says Brazilian's Asylum Testimony Not Credible
The First Circuit denied a petition for review from a Brazilian man and his son of a Board of Immigration Appeals decision denying their bid for removal protection, finding that the decision was supported by evidence that the father lacked credibility.
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August 14, 2024
Top Immigration Cases To Watch In The 2nd Half Of 2024
The remainder of this year could see courts render decisions on President Joe Biden’s efforts to curb unlawful immigration, the legality of the Deferred Action for Childhood Arrivals program, and fresh challenges to immigration-related regulations. Here, Law360 looks at cases that could rock the immigration sphere in the latter half of the year.
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August 13, 2024
DHS To Expedite Asylum Processing At Canadian Border
The Biden administration is set to begin expediting asylum processing at the Northern border with Canada and limiting how long asylum seekers have to consult attorneys, U.S. Department of Homeland Security confirmed to Law360 on Tuesday.
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August 13, 2024
Honduran Woman's Rape Case Against ICE Dismissed Again
A Honduran immigrant waited too long to sue over claims that a U.S. Immigration and Customs Enforcement agent raped her repeatedly for seven years, a Connecticut federal court ruled for the second time, once again finding in favor of the defendants after the Second Circuit revived the case in 2023.
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August 13, 2024
CBP Strikes $45M Deal To End Pregnancy Bias Suit
U.S. Customs and Border Protection will pay $45 million to wrap up a class action brought on behalf of 1,000 workers who said the agency forced them onto light duty because they became pregnant, the workers' attorneys said Tuesday.
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August 13, 2024
DOJ Says Law Bars All River Structures In Texas Buoy Row
The Biden administration criticized Texas' "cribbed reading" of the Rivers and Harbors Act in its suit to make Texas remove a border barrier in the Rio Grande, saying the law bars all unauthorized structures in the river — even those that haven't been built yet.
Expert Analysis
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.