Immigration

July 09, 2024
DOL Says It Can Regulate Foreign Farmworkers' Wages

The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.
July 09, 2024
Buchalter Debuts Immigration Group, Adds 2 Karr Tuttle Attys

Buchalter PC has hired two attorneys for its Seattle office to complement its new immigration practice group.
July 08, 2024
Migrants Want Another Try In Martha's Vineyard Flight Suit

Several migrants who claim they were tricked into boarding flights to Martha's Vineyard have asked a Massachusetts federal judge to let them file an amended suit in an effort to cure the jurisdictional issues that doomed the initial complaint in March.
July 08, 2024
Federal Circuit Doubts Impropriety Of $4K H-1B Fraud Fee

A Federal Circuit panel seemed unpersuaded Monday by an argument from software companies that a $4,000 fraud fee for H-1B visa petitions does not apply to noncitizens in the U.S. seeking to change their nonimmigrant visa status to H-1B.
July 08, 2024
8th Circ. Won't Review Immigration Hardship Determination

A split Eighth Circuit panel held Monday that it can't review whether a Mexican man's U.S. citizen children will experience extreme hardship if he's removed, saying the underlying decision denying him removal relief is discretionary and therefore shielded from judicial review.
July 08, 2024
Amazon Must Face Podcast Defamation Suit, ICE Doc Says

A former physician at a Georgia immigration facility who says he was falsely accused of performing forced hysterectomies on detainees has urged a federal judge not to let Amazon and podcast publisher Wondery distance themselves from a podcast episode that dubbed him "The Uterus Collector."
July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court

Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
July 05, 2024
Breaking Down The Vote: The High Court Term In Review

The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
July 05, 2024
High Court Flexes Muscle To Limit Administrative State

The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
July 05, 2024
The Sharpest Dissents From The Supreme Court Term

The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision

When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
July 05, 2024
The Funniest Moments Of The Supreme Court's Term

In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
July 05, 2024
Colo. Appeals Court Invalidates Sheriff's ICE Agreement

The Colorado Court of Appeals has ruled that a state law prohibits an agreement between the Teller County Sheriff's Office and U.S. Immigration and Customs Enforcement permitting state and local law enforcement to arrest and detain noncitizens.
July 05, 2024
Justices Told Revoked Visa Petition Is Reviewable

A woman whose visa petition for her Palestinian husband was revoked two years after being approved urged the U.S. Supreme Court to rule that courts can review secondary decisions, saying that lower courts' refusal to do so creates an irrational system in which only initial decisions can be reviewed.
July 05, 2024
The Firms That Won Big At The Supreme Court

This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
July 05, 2024
Farmworkers Union Wins Partial Block Of DOL Wage Rules

A Washington federal judge partly blocked U.S. Department of Labor rules on prevailing wage rates that a union claimed depressed farmworkers' wages, saying the agency failed to consider effects on workers and must reinstate wage rates from 2020.
July 03, 2024
Chevron Irrelevant To Spouse Work Permit Case, Group Says

The U.S. Supreme Court's ruling that courts don't have to defer to federal agencies' interpretations of ambiguous statutes doesn't pertain to a lawsuit challenging an Obama-era program allowing work permits for spouses of highly skilled foreign workers, a nonprofit group intervening in the case told the D.C. Circuit.
July 03, 2024
Guo Witnesses Point To Chinese Harassment Of Dissidents

Defense witnesses in the $1 billion fraud trial of Miles Guo told a Manhattan federal jury Wednesday that the Chinese dissident is a prime target of "Operation Fox Hunt," an alleged program within China's government that aims to silence and repatriate critics of the regime.
July 03, 2024
Asylum-Seeking Families Split At Border Get $1.3M Deal OK'd

An Arizona federal judge on Tuesday signed off on a $1.3 million settlement that the federal government reached with families who were separated at the southern border in 2018 amid the Trump administration's zero-tolerance policy that prosecuted migrants who entered the U.S. illegally.
July 03, 2024
9th Circ. Says Carjacking Is Not Reason For Removal

The Ninth Circuit has ruled the 2006 carjacking conviction of a Salvadoran immigrant isn't enough to deport him because carjacking alone "is not a categorical crime of violence" under federal law.
July 03, 2024
4 Mass. Rulings You Might Have Missed In June

Massachusetts state courts last month dealt with thorny contract disputes, mistakenly disclosed emails between a defendant and an attorney, and a company's overtime policy change that may not have been spelled out to workers.
July 03, 2024
Feds Call Delayed Asylum Bid Reasonable Amid Backlogs

The U.S. Department of Homeland Security is urging a Florida federal court to rule that it's not unreasonable for one man's asylum application to still be processing after four years and counting in light of the asylum backlogs at U.S. Citizenship and Immigration Services.
July 03, 2024
After Chevron Deference: What Lawyers Need To Know

This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
July 02, 2024
Immigration Attys Cautiously Optimistic After Chevron Ruling

The U.S. Supreme Court's ruling that courts no longer have to defer to federal agencies' interpretations of ambiguous statutes could help some immigrants fight removal orders while serving as a buffer against partisan challenges to executive immigration actions.
July 02, 2024
IT Workers Say Chevron's End Dooms Spouse Work Permits

Ex-information technology workers told the D.C. Circuit that the U.S. Supreme Court decision overturning decades-old precedent instructing judges about when they can defer to federal agencies' interpretations of law buoys their challenge to an Obama-era program allowing work permits for some spouses of highly skilled foreign workers.

Expert Analysis

5 Litigation Funding Trends To Note In 2024

Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
Perspectives

Immigration Detention Should Offer Universal Legal Counsel

Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
What's Ahead For Immigrant Employee Rights Enforcement

The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
How Int'l Student-Athlete Law Would Change The NIL Game

Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
How AI Executive Order Aims To Compete For Foreign Talent

Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.