Immigration

  • August 07, 2024

    Biden Trampled Free Speech With Israeli Sanctions, Suit Says

    A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.

  • August 07, 2024

    9th Circ. Says Age-Out Suit Not Permissible Before Removal

    Indian families waiting for green cards have lost their challenge to a policy that puts their children at risk of aging out of permanent residency, with the Ninth Circuit ruling they can only bring their case after obtaining a deportation order.

  • August 07, 2024

    Texas Flags Judge's Comments In Barrier Fight To 5th Circ.

    The state of Texas has raised concern to the Fifth Circuit about comments attributed to U.S. District Judge David A. Ezra that question whether the appeals court's recent opinion vacating his preliminary injunction requiring the state to relocate its 1,000-foot antimigrant buoy barrier in the Rio Grande is precedential.

  • August 07, 2024

    DOL's Legacy Online Labor Certification System To Sunset Dec. 1

    The federal government's legacy online system for providing public access to permanent labor certification applications and final determinations will retire in December and migrate users to a newer system that rolled out in 2019, the U.S. Department of Labor said Wednesday.

  • August 07, 2024

    7th Circ. Says Atty Inadequacy ID'ed Too Late In Asylum Case

    The Seventh Circuit on Tuesday refused to reopen a Mexican family's asylum proceedings despite finding that the family's attorney cost them their case by arriving unprepared at their immigration hearing, saying the family should have flagged the lawyer's ineffectiveness earlier.

  • August 06, 2024

    Wash. Again Sues GEO Group Over ICE Detention Inspections

    Washington state's health department has again sued The GEO Group, alleging that the private prison contractor has illegally blocked health officials from entering an ICE facility to investigate a rash of suicide attempts and hundreds of reports of unhealthy conditions.

  • August 06, 2024

    NYC Prof Found Guilty Of Acting As A Secret Chinese Spy

    A Brooklyn federal jury on Tuesday unanimously convicted an academic and author of secretly acting as an agent of the Chinese government by feeding information about Chinese dissidents and pro-democracy activists to China's intel service, following a weeklong jury trial, according to the U.S. Attorney's Office for the Eastern District of New York.

  • August 06, 2024

    1st Circ. Denies Removal Relief Over Bank Fraud Guilty Plea

    A Massachusetts resident facing deportation after pleading guilty to bank fraud couldn't convince the First Circuit to revive his efforts to stay in the country, after the circuit court ruled that the crime rendered him ineligible for removal relief.

  • August 06, 2024

    Ex-Pfizer Worker Who Traded On Paxlovid Secrets Gets 9 Mos.

    A Manhattan federal judge sentenced a former Pfizer Inc. statistician from New Jersey to nine months in prison Tuesday after a jury convicted him of insider trading on secrets about his former company's COVID-19 therapy trials for an illegal $272,000 profit.

  • August 06, 2024

    NC Farming Business Wants H-2A Forced Labor Claims Cut

    Farming companies accused of human trafficking, forced labor and underpaying H-2A foreign temporary workers have urged a Virginia federal judge to dismiss the workers' suit, saying they failed to show the companies brought them to the U.S. for "involuntary servitude."

  • August 06, 2024

    Ga. Judge Pauses ICE Doctor's Podcast Defamation Suit

    A Georgia federal judge agreed Monday to put the brakes on a former immigration facility doctor's defamation suit against Amazon and podcast publisher Wondery until the judge can decide whether the two media companies can be let out of the suit.

  • August 05, 2024

    Marriott Says NYC Hotels' Housing Of Migrants Violated Deal

    Marriott International Inc. has accused a hotel company in Jamaica, Queens, of breaching a contract by repurposing two properties for migrant housing while refusing to "de-identify" itself with the global hotel brand.

  • August 05, 2024

    Migrant Farmworker Contractor Must Face Trafficking Claims

    A Michigan federal judge has declined to dismiss claims from migrant farm laborers against a recruitment agency for human trafficking and seizing the passports of workers it brought to the U.S. through the H-2A program, saying the case should go to trial.

  • August 05, 2024

    High Court Rulings Doom Texas Suit Over DHS Asylum Limits

    A federal judge has dismissed Texas' challenge to a May 2023 rule limiting asylum at the southern border, finding that the Lone Star State has no standing to sue over the policy in light of several recent U.S. Supreme Court decisions.

  • August 05, 2024

    Feds, Immigration Orgs Say Texas Can't Join Asylum Suit

    The U.S. government and immigration advocacy groups are pushing back on Texas' bid to participate in litigation over a new Biden administration policy restricting asylum at the southern border, telling a D.C. federal judge the state lacks both standing and a "legally protectable interest" in the lawsuit.

  • August 05, 2024

    Carnival Agrees To Pay $72K To End Wage Fight With DOL

    A Michigan-based carnival agreed to pay $72,200 to the seasonal workers who built and operated rides and staffed games and food stands to resolve the U.S. Department of Labor's claims of underpaying them.

  • August 05, 2024

    Judge Nixes Camp's H-2B Application Over Late Submission

    A U.S. Department of Labor judge refused to revive a Christian camp's request to hire eight temporary food service workers, after the camp failed to report its efforts to fill those jobs with U.S. workers on time.

  • August 02, 2024

    Nonprofit Presses 5th Circ. To Keep 'Life-Saving' Parole Policy

    A Massachusetts community group called on the Fifth Circuit Friday to maintain an embattled immigration program allowing Haitian nationals to be paroled into the U.S., arguing the policy's critics haven't shown the program harms them.

  • August 02, 2024

    9th Circ. Revives Indian's Asylum Bid To Flee Persecution

    A split Ninth Circuit panel on Friday ruled the Board of Immigration Appeals wrongly denied an Indian national's asylum petition, saying the past threats and a beating he received from political opponents in India amounted to persecution.

  • August 02, 2024

    Improper Data Format Dooms Masonry Biz's H-2B Request

    A judge on the Board of Alien Labor Certification Appeals denied a masonry business' request to hire six brick masons on temporary visas, saying the company had failed to submit payroll data in the proper format as part of its request.

  • August 02, 2024

    Family Separation Trial Paused For Settlement

    A California federal court has paused a lawsuit from three families separated at the southwestern border under the Trump-era zero tolerance policy as they finalize a settlement with the Biden administration to resolve the suit.

  • August 02, 2024

    DC Circ. Says Precedent Allows H-1B Spousal Work Permits

    The D.C. Circuit on Friday upheld an Obama-era program authorizing some spouses of highly skilled foreign workers to get work permits, rejecting a challenge from an organization of former IT workers who say they are being displaced by temporary visa holders.

  • August 02, 2024

    Onion Packer To Pay Nearly $270K In Withheld OT Wages

    The U.S. Department of Labor said it recovered nearly $270,000 in back wages and damages for 76 onion farm laborers after the agency found an Idaho business had put them up in substandard housing and had not paid overtime wages.

  • August 02, 2024

    3 Candidates In Running To Replace Washington AG

    Washington voters on Tuesday will narrow the candidates aspiring to become the state's next attorney general, choosing from among a former U.S. attorney, a state lawmaker who was a county prosecutor, as well as a mayor and attorney who is a gun rights advocate.

  • August 01, 2024

    Feds Want Full Sentence Kept In Fla. Illegal Employment Case

    The U.S. urged a Florida federal court on Thursday to uphold the three-year prison sentence of a labor staffing company operator convicted in a conspiracy to hire migrants not authorized to work in the U.S., saying he's ineligible for a reduction because of his admitted role in the scheme.

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Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 5 Litigation Funding Trends To Note In 2024

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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