Immigration

  • June 20, 2024

    Texas Says DACA Challenge Withstands Mifepristone Ruling

    Texas has fired back against the Biden administration's claim that the U.S. Supreme Court's recent blockbuster abortion-drug mifepristone ruling undermines the Lone Star State's standing to challenge the Deferred Action for Childhood Arrivals program, telling the Fifth Circuit that the appellate court "has held — repeatedly — that Texas has standing in this context."

  • June 20, 2024

    Fla. Calls Abortion Drug Case Irrelevant To Migrant Parole Suit

    Florida has rebuffed the Biden administration's efforts to use a high court ruling maintaining access to the abortion drug mifepristone to nix challenges to its migrant parole policies, telling the Eleventh Circuit that the healthcare case is unrelated to the immigration one.

  • June 18, 2024

    Texas Atty Pares Border Phone Search Suit To Just APA Claim

    A Texas attorney has significantly trimmed a lawsuit over cellphone searches at the border, dismissing claims he brought under the First and Fourth Amendments but leaving intact allegations the practice represents a violation of the federal Administrative Procedure Act.

  • June 18, 2024

    Feds Say Discovery Order Exposes Migrants To Retaliation

    The U.S. Department of Labor is urging a Mississippi federal court to reconsider ordering the disclosure of informants' identities in an investigation into a fish farm's labor practices, saying the May order exposed the informants, who are also migrant employees at the farm, to possible retaliation.

  • June 18, 2024

    GAO Rejects Claim CBP Rigged Migrant Facility Contract Bids

    The U.S. Government Accountability Office on Monday denied a vendor's protest challenging the U.S. Customs and Border Protection's solicitation seeking vendors to provide an immigrant detention facility in North Eagle Pass, Texas, rejecting the protester's allegations that the solicitation process was rigged to unfairly favor an incumbent contractor.

  • June 18, 2024

    Calif. Staffing Firm Settles DOJ's Noncitizen Bias Claims

    A California staffing agency must pay penalties and revise its employment policies as part of a settlement to resolve allegations of discrimination against foreigners by demanding certain types of documents to prove work authorization, the U.S. Department of Justice announced Monday.

  • June 18, 2024

    Feds Ease Green Card Process For Mixed-Status Families

    President Joe Biden announced Tuesday that certain foreigners who are married to U.S. citizens and their children can apply for green cards without leaving the U.S.

  • June 17, 2024

    Iowa's Controversial Immigration Law Temporarily Blocked

    An Iowa federal judge Monday temporarily blocked a controversial state law empowering local officials to arrest and remove previously deported individuals, even if they're now authorized to be in the country, ruling that the measure is trumped by federal law and therefore invalid.

  • June 17, 2024

    Mifepristone Ruling Means End Of Texas DACA Suit, Feds Say

    A Texas-led coalition of states doesn't have standing to challenge the Deferred Action for Childhood Arrivals program after the U.S. Supreme Court's blockbuster decision rejecting a challenge to the abortion drug mifepristone, the Biden administration told the Fifth Circuit on Monday.

  • June 17, 2024

    Bouncer Admits To Promoting Prostitution After $5.7M Sting

    A 41-year-old bouncer at a Connecticut strip club pled guilty Monday to facilitating prostitution and received a promise from the prosecution to recommend a reduced sentence as authorities press separate cases against a club boss who allegedly hid $5.7 million in income without reporting it to the Internal Revenue Service.

  • June 17, 2024

    Foreign Investors Sue Over Lost $7.7M NYC Mall Investment

    Fourteen foreign investors who lost the entirety of their $7.7 million investment in a New York City shopping mall project filed suit against two lenders, a developer and the manager of an EB-5 lender in New York federal court, saying they are owed damages.

  • June 17, 2024

    Weigh Therapist's Opinion In Deportation Case, 4th Circ. Says

    A divided Fourth Circuit on Monday revived a Mexican woman's efforts to stay in the country, faulting an immigration judge for not considering the impact of his deportation order on the woman's clinically depressed daughter.

  • June 17, 2024

    'No Religious Freedom In Texas' If El Paso Org. Shut Down

    An attorney for a Catholic nonprofit accused by Texas Attorney General Ken Paxton of smuggling or harboring migrants told an El Paso judge Monday that Paxton shouldn't be able to use an "ancient" legal procedure in his attempt to shut it down.

  • June 17, 2024

    Don't Let Farm Org Rewrite Wage Rule Suit, DOL Tells Judge

    A farm group shouldn't be allowed to revise its challenge to the U.S. Department of Labor's new wage rule for certain temporary workers, the agency told a Charlotte, North Carolina, federal judge, saying the revision attempt comes too late as the matter is already awaiting the judge's decision.

  • June 17, 2024

    Nursing Home Co. Owes Fees On Staffing Deal, Recruiter Says

    An international recruiter has accused the owners of nursing homes and assisted living communities in several states of failing to fork over fees for placing nurses and nursing assistants in their facilities, saying they owe over $3.4 million in outstanding fees.

  • June 14, 2024

    Fla. Court Says Navy Vet Can Sue CNN For Punitive Damages

    A Florida state appellate court has ruled that a Navy veteran turned private contractor can include punitive damages in his defamation lawsuit against CNN, saying he made a "sufficient preliminary evidentiary showing" of malice over the network's reporting on evacuating citizens of Afghanistan in 2021.

  • June 14, 2024

    Due Process At Stake As Justices Back 2-Step Removal Notice

    The U.S. Supreme Court's decision that immigration hearing notices need not include the time and place of removal hearings for in absentia removal orders to be upheld could lead to further erosion of due process in removal proceedings, experts said.

  • June 14, 2024

    Fla. Says Justices' Ruling Dooms Suit Against State Law

    Florida tried Friday to bolster its arguments against a farmworker group challenging a state law that criminalizes the transportation of unauthorized immigrants, arguing that the U.S. Supreme Court's decision Thursday over access to an abortion medication undercuts the group's quest for standing.

  • June 14, 2024

    Challenge To Faulty Removal Order Stays Alive

    The U.S. Court of Federal Claims kept alive an immigrant's effort to get the federal government to pay for a flawed removal order that tore his family apart and stranded him in Mexico but transferred the matter to California federal court.

  • June 14, 2024

    GOP AGs Demand Stay For DOL's H-2A Protections Rule

    Seventeen Republican attorneys general requested a pause on the effective date for the U.S. Department of Labor's final rule covering foreign farmworkers within the H-2A visa program, telling the court that the rule provides protections that U.S. citizen agricultural workers lack under federal labor law.

  • June 14, 2024

    Okla. Says Immigration Law In Harmony With Federal Rule

    Oklahoma is defending its new law enacting state penalties against undocumented immigrants from a challenge by the Biden administration, telling a federal court that the policy doesn't conflict with the federal immigration scheme.

  • June 14, 2024

    Voting Groups Seek $124K In Fees In Recently Tossed Ga. Suit

    A coalition of voting rights groups that challenged the legality of how Georgia adds newly naturalized citizens to its voter rolls asked a federal judge to award them more than $124,000 in attorney fees and costs after the case was dismissed midtrial.

  • June 14, 2024

    Justices Endorse 2-Step Notification System For Removals

    The U.S. Supreme Court on Friday said the federal government's practice of issuing multiple notices to migrants to advise them of removal proceedings is acceptable, ruling that in absentia removal orders can't be rescinded when the government fails to provide the location and time of immigration court hearings in a single document.

  • June 13, 2024

    Ending Flores Settlement Won't Endanger Children, Feds Say

    The Biden administration said a recent regulation it contends warrants winding down the 27-year-old Flores settlement governing health and safety standards for minors in immigration detention can address concerns that human rights organizations raised about the continued use of unlicensed facilities.

  • June 13, 2024

    Payroll Records Doom Restaurant's Bid For H-2B Bartenders

    A U.S. Department of Labor judge has refused to let a Maryland business hire eight foreign bartenders, saying payroll information undermined claims that the business was experiencing surging demand between the spring and fall.

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Expert Analysis

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • 5 Considerations for Year-End Immigration Budget Planning

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    Courtney Noce and Miriam Thompson at Greenberg Traurig offer insights to help companies with year-end immigration budget planning, a complex process with many factors affecting expenses, from changes in corporate policy or structure, to anticipated fee increases and the uncertainties inherent in visa processing.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Tips For Student Visa Applicants Mired In Processing Delays

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    Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How A Gov't Shutdown Would Affect Immigration Processing

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    While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.

  • Opinion

    Smart Immigration Reform Can Improve Health Care Access

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    With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

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