Immigration

  • August 19, 2024

    Texas Says Biden's River Barrier Claims Insist On Jury Trial

    Texas told the Fifth Circuit that a federal judge got it wrong by denying its right to jury trial in a fight over the state's use of a border barrier in the Rio Grande, saying in a Monday brief that the government's claims carry a right for a jury trial.

  • August 19, 2024

    DHS Unveils Green Card Rule For Mixed-Status Families

    The Biden administration on Monday officially rolled out the "keeping families together" program, which will ease bureaucratic obstacles for noncitizens and stepchildren of U.S. citizens to apply for green cards and work permits from within the country.

  • August 19, 2024

    2nd Circ. Squashes Nepalese Man's Asylum Bid

    The Second Circuit on Monday shot down a request for asylum from a Nepalese man, finding he'd failed to show he had a legitimate fear of being persecuted in his home country.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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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Expert Analysis

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Opinion

    Time To End Double Standard On Kids' Green Cards

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    Recent changes to the U.S. Citizenship and Immigration Services rules have helped many children qualify for green cards, but the government's failure to extend these changes to consular processing unfairly leaves out children stuck abroad who need visas to join their parents in the U.S., says Edward Ramos at Kurzban Kurzban.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Litigation Can Facilitate EB-5 Investor Visa Determinations

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    Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.

  • 3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense

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    The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • USCIS Can Take On The Semiconductor Workforce Gap Now

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    While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Opinion

    OFAC Designation Prosecutions Are Constitutionally Suspect

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    Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

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