Immigration

May 31, 2024
Wash. Prison Law Not Biased Against GEO, 9th Circ. Told

Washington state has urged the Ninth Circuit to lift a lower court's injunction blocking a law aimed at improving private prison standards, saying the law does not discriminatorily target private prison operator GEO Group Inc.
May 31, 2024
DOL Asks To Wait To Disclose Workers In Fishery Wage Case

The U.S. Department of Labor urged a Mississippi federal court to halt the disclosure of the identities of some migrant workers who helped in the department's investigation of a fish farm, saying that it plans to ask the court to reconsider ordering the disclosure.
May 31, 2024
Houston Judge's Vast Display Reflects 25 Years On Bench

Along the hallways leading to U.S. District Judge Keith P. Ellison's Houston courtroom hang hundreds of notes, photos, thank-you cards and other correspondence, serving as a kind of interactive scrapbook of Judge Ellison's 25 years on the bench.
May 30, 2024
Full 9th Circ. Won't Rehear Immigration Attys' Privacy Row

The full Ninth Circuit on Thursday declined a request from a filmmaker and two immigration attorneys to rehear a panel decision finding that a purportedly covert government surveillance program tracking journalists and advocates tied to a migrant caravan didn't harm them.
May 30, 2024
Honduran Workers Say Carnival Overworked, Underpaid Them

Two Honduran seasonal workers have filed suit in a Virginia federal court, saying they were forced to work 80 hours a week assembling and disassembling rides for a traveling carnival for only a little more than $400 a week.
May 30, 2024
Man Connected To Brazil Massacre Accused Of Visa Fraud

Federal prosecutors have accused a Brazilian man who came to the U.S. on a tourist visa and later applied for asylum and a green card of failing to tell U.S. immigration authorities that he faced murder charges in Brazil.
May 30, 2024
Migrant Smuggling Group Leader Sentenced To 10 Years

A Honduras-based woman will spend 10 years in prison after admitting she led an organization that smuggled over 100 migrants from Honduras to the U.S. and threatened migrants for not paying smuggling fees, the U.S. Department of Homeland Security announced.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

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.