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Immigration
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May 30, 2024
Removal In Child Porn Case Used Wrong Law, 8th Circ. Says
The Eighth Circuit threw out a removal order against a man convicted of possessing child pornography, finding that while the offense could warrant removal, immigration officers had brought the case under the wrong law.
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May 30, 2024
Gunster Bolsters Employment And Immigration Teams In Florida
Gunster has hired two attorneys in two separate Florida offices who will continue their practices focused on labor and employment and immigration issues, the firm announced this week.
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May 29, 2024
DACA Holder Accuses Fla. Credit Union Of Discrimination
A man with temporary immigration protections through the Deferred Action for Childhood Arrivals program is accusing Florida's third-largest credit union of unlawfully denying him a home loan based on his immigration status, in a suit filed Wednesday in federal court.
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May 29, 2024
Feds, Dreamers Tell 5th Circ. That Fight For DACA Isn't Over
The Biden administration and recipients of the Deferred Action for Childhood Arrivals program urged the Fifth Circuit to reverse an order that held the program unlawful, saying the program has a chance of surviving in light of recent U.S. Supreme Court rulings.
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May 29, 2024
Iowa Immigration Law Challengers Want Identities Kept Secret
Two women using pseudonyms to challenge an Iowa law empowering state officials to deport certain immigrants resisted the state attorney general's efforts to publicly identify them, saying they fear the threat of removal as well as persecution from anti-immigrant extremists.
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May 29, 2024
Texas Judge Bans Using $1.4B Border Wall Funds For Repairs
A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.
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May 29, 2024
Judge Says Texas Can't Relitigate DHS Parole Program
A Texas federal judge won't reconsider a March decision dismissing the Lone Star State's challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying Texas is trying to relitigate the court's conclusion that it lacks standing.
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May 28, 2024
Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit
Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal judge determined workers had adequately alleged the companies' involvement.
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May 28, 2024
DOJ Reopens Missing I-9 Case, Saying Dismissal Was Error
The U.S. Department of Justice has revived the U.S. Department of Homeland Security's charges against a company with allegedly missing Form I-9s, saying that one of its administrative law judges erroneously dismissed the case based on an issue neither party had raised.
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May 28, 2024
Immigration Programs' Survival Justifies $3.7M Fee, Attys Say
The attorneys who challenged Trump-era orders ending immigration protections for people from countries in crisis are seeking a $3.7 million fee award, telling a California federal judge that the Biden administration's rescission of the orders showed their lawsuit was successful.
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May 28, 2024
Heavyweight Champ Lobs New Suit At Don King, Promoters
Legendary promoter Don King and champion heavyweight boxer Mahmoud Charr have entered the ring for another round of legal sparring over a new contract dispute in which the fighter accuses the defendants of canceling a planned fight that cost him a $1 million payout.
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May 24, 2024
9th Circ. Says H-2A Employers Must Pay Highest Wages
The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
Wrong Circuit Law Used To Deport Moroccan, Board Says
The Board of Immigration Appeals faulted an immigration court for applying incorrect circuit law to deport a Moroccan national, saying Friday that the case was ruled by Sixth Circuit law, even though the case record was sent to the Third Circuit.
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May 24, 2024
9th Circ. Lets Hearsay Issue Slide In Unlawful Crossing Case
The Ninth Circuit affirmed a Mexican man's conviction for trying to enter the U.S. unlawfully, saying that while a lower court should've weighed whether a border agent's translated statements should be attributed to the man, any resulting error was harmless.
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May 24, 2024
Fla. Judge Revisits Scope Of Immigrant Transport Law Injunction
A Florida federal judge may backtrack on the scope of his order blocking a state law that criminalizes the transportation of unauthorized immigrants, after citing national discourse among legal experts on the appropriateness of universal injunctions.
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May 23, 2024
Md. Restaurant's Bid For H-2B Cooks Doomed By Payroll Data
A U.S. Department of Labor judge has refused to rescue a Baltimore Caribbean restaurant's efforts to hire cooks through the H-2B seasonal worker visa program, saying payroll records undermined claims that the restaurant experienced surging demand during the warmer months.
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May 23, 2024
ACLU Follows DOJ In Bid To Block Okla. Immigration Law
The American Civil Liberties Union on Thursday filed a lawsuit challenging an Oklahoma law criminalizing the presence of undocumented immigrants in the state, mirroring a similar suit the U.S. Department of Justice filed the day prior.
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May 23, 2024
Couple Wants ID Protection Of Afghan 'Baby Doe' Fam Lifted
A U.S. Marine and his wife accused of kidnapping an Afghan child urged a Virginia federal court to lift a protective order barring them from identifying the child or her relatives, saying the Taliban already knows the Afghan families' identities.
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May 23, 2024
NC GOP Wants 'Citizen-Only' Voting Question On Ballots
North Carolina Republicans on Thursday pushed to amend the state constitution to clarify that only U.S. citizens may vote in the state.
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May 23, 2024
Senate Democrats Join GOP To Kill Bipartisan Border Bill
The Senate on Thursday failed to pass a bipartisan border security and asylum bill touted by the White House, after four Democrats bailed on President Joe Biden's push to revive the legislation.
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May 22, 2024
9th Circ. Denies States' Bid To Weigh In On Asylum Limits
A split Ninth Circuit on Wednesday denied several states' motion to intervene in the Biden administration's bid to settle a lawsuit challenging a rule limiting asylum, saying the states lack interests warranting their involvement in settlement negotiations.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
EB-5 Investors Say Developers' $150K Shouldn't Go To Attys
Chinese investors looking to recoup a nearly $40 million investment in failed developments urged an Illinois federal court against allowing bankrupt developers to use $150,000 in assets to pay the developers' attorneys, saying the lawyers shouldn't be paid before the investors.
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May 22, 2024
Iowa AG Says Immigration Law's Critics Must Unmask To Sue
Iowa's attorney general called on an Iowa federal court to force two immigrants challenging a law that provides state officials with deportation powers to reveal their identities, saying the pair haven't shown they would face serious danger if unmasked.
Expert Analysis
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New Fla. Immigration Law May Have Crippling Effects
Florida's new immigration law, which went into effect on July 1, will be especially burdensome in industries where retaining adequate staff is already an issue, so employers must assess their staff and thoroughly examine their employee records to check that all documentation is valid to avoid crippling fines and loss of licenses, says Trent Cotney at Adams and Reese.
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A Blueprint For Addressing The Immigration Court Backlog
Since 2009, far more persons have been placed in removal proceedings than U.S. immigration courts could accommodate, but the government can reduce the 1.9 million-case backlog with steps that include reforming the court and the broader immigration system in a way that still prioritizes both due process and immigration enforcement, says Donald Kerwin at the Center for Migration Studies.
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How Multiagency Sanctions Enforcement Alters Compliance
Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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H-1B Registration System Is Broken But Not Beyond Repair
Recent U.S. Citizenship and Immigration Services statistics confirm that the H-1B registration system, the primary path to U.S. employment for high-skilled foreign nationals, is in dire straits, but ongoing transparency, a willingness to seek input from stakeholders and thoughtful regulatory reforms could ensure its continued viability, say attorneys at Berry Appleman.
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A Midyear Look At Expected Changes In Business Immigration
While legislative immigration reform remains a nonstarter this year, U.S. businesses and their advisers should keep an eye on agency-level regulatory efforts that are underway, which may bring significant changes to filing fees, employment verification, visa renewal processing and more, says Rami Fakhoury at Fakhoury Global.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Pugin Ruling Lowers Bar For Felony-Based Deportation
The U.S. Supreme Court's recent decision in Pugin v. Garland that an offense may constitute an obstruction of justice aggravated felony, even when an investigation or proceeding is not pending, may allow the government to seek deportation for other low-level offenses never intended to be grounds for felony-based deportation, says Peter Alfredson at Capital Area Immigrants' Rights Coalition.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment
Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.