Immigration

  • April 09, 2024

    Lack Of Evidence Kills Pupuseria's Bid For H-2B Line Cooks

    A U.S. Department of Labor appeals board affirmed the rejection of a California pupuseria's request to hire two line cooks under the H-2B temporary foreign worker program, finding that a certifying officer correctly determined that the business failed to show it had a seasonal need for the employees.

  • April 09, 2024

    Challengers To H-2A Wage Rule Denied Extra Discovery

    A federal judge has refused to let agricultural businesses gather more information on the decision-making behind new H-2A agricultural worker minimum wages, rejecting claims that more discovery was warranted in light of a September order allowing the wages to take hold.

  • April 08, 2024

    11th Circ. Wants To Brief Standing In DHS Parole Policy Suits

    The Eleventh Circuit on Monday directed Florida and the federal government to offer their perspectives on whether a recent U.S. Supreme Court decision reviving the Biden administration's immigration enforcement priorities bears on the state's ability to mount a legal challenge to the administration's migrant parole programs.

  • April 08, 2024

    H-2A Workers Want OK On $900K OT Deal With Va. Farms

    Two Mexican farmworkers are asking a Virginia federal court to greenlight their $900,000 settlement with an agricultural association and two farms that they say cheated temporary workers out of $2.5 million in overtime pay.

  • April 08, 2024

    Texas Says Block Of Migrant Law Doesn't Bear On Buoy Fight

    Texas has told a federal judge that a Fifth Circuit ruling blocking a controversial Texas migrant arrest law has no bearing on whether the Biden administration can enforce an 1848 treaty to make the state move a floating border barrier.

  • April 08, 2024

    Ga. Puts New Citizens In Voting 'Purgatory,' Judge Told

    For the second time this year, lawyers for the Georgia Secretary of State's office began a federal bench trial Monday by defending the state against allegations that key election protocols serve to disenfranchise voters, this time brought by advocacy groups who say the state is shutting newly minted citizens out of the democratic process.

  • April 08, 2024

    Texas Wants Save Of DHS Parole Program Reconsidered

    A Texas-led coalition of states that lost a district court challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela wants a reconsideration of the decision denying the coalition's bid to invalidate the program, saying the court wrongly concluded it lacked standing.

  • April 08, 2024

    DC Judge Urged To Let GOP States Try To Save Asylum Limits

    A coalition of 20 Republican state attorneys general is urging a D.C. federal judge to allow five additional states to intervene in a lawsuit to defend the Biden administration's rule limiting asylum amid settlement talks to resolve the litigation.

  • April 08, 2024

    Immigrant Children Settle ICE Border Separation Claims

    Three immigrant children separated from their parents at the U.S.-Mexico border in 2018 have settled their lawsuit seeking compensation from the U.S. government for the trauma they endured in federal detention, according to a court filing.

  • April 08, 2024

    Glancy Prongay To Lead EB-5 Grocery Co. Fraud Stock Suit

    Glancy Prongay & Murray LLP will lead a proposed class action alleging Asian specialty grocery chain Maison Solutions' stock price was severely damaged after a third-party research report accused it and its executives of participating in illegal activities, including using supermarkets as a front for immigration fraud.

  • April 05, 2024

    DC Circ. Says Gov't Changing Its Defense In Chinese Visa Row

    A D.C. Circuit judge said Friday the federal government seemed to be changing its tune late in its defense of a district court judge's dismissal of a suit filed by three Chinese investors who'd tried to move ahead in the queue for EB-5 visas reserved for investors in infrastructure projects.

  • April 05, 2024

    New Judges Inadequate Fix For Immigration Board Backlog

    Attorneys have welcomed the Board of Immigration Appeals' five-member expansion as a step in the right direction for chipping away at the board's record backlog of cases, but say the move likely won't be enough to solve the problem.

  • April 05, 2024

    Contractor Settles Naturalized Citizen's Hiring Bias Claims

    A federal contractor settled claims that it slammed the brakes on hiring a naturalized citizen after finding out that she was not born in the U.S., the U.S. Department of Justice said.

  • April 05, 2024

    Judicial Nominees On Schumer's Post-Recess To-Do List

    Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.

  • April 05, 2024

    Barnes & Thornburg Adds Labor, Biz Immigration Pro

    Barnes & Thornburg LLP has hired an employment partner from Dorsey & Whitney LLP with 20 years of experience navigating companies through labor, employment and immigration matters.

  • April 05, 2024

    Ex-Acting Homeland Security GC Joins Nixon Peabody In DC

    Nixon Peabody LLP has hired the former acting general counsel of the U.S. Department of Homeland Security, who joins the firm after working with the agency for more than two decades and through four presidential administrations.

  • April 04, 2024

    Fla. Judge Won't Dismiss Suit Claiming Restaurant EB-5 Fraud

    A Florida state judge on Thursday declined to dismiss a lawsuit accusing a Miami restaurant group of mismanaging immigrant investors' funds, finding that the investors had successfully alleged fraud against the former manager of the investment company.

  • April 04, 2024

    4th Circ. Turns Away Yemeni Asylum Holder's Residency Bid

    The Fourth Circuit on Thursday determined that it lacks jurisdiction to review U.S. Citizenship and Immigration Services' denial of permanent residency to a Yemeni asylum holder who allegedly belonged to a terrorist organization, reasoning that only Attorney General Merrick Garland or Homeland Security Secretary Alejandro N. Mayorkas can second-guess the matter.

  • April 04, 2024

    Dems Urge Biden Admin To Pick Up Pace Of DACA Renewals

    Twenty-seven Democrats and one independent senator urged U.S. Citizenship and Immigration Services on Thursday to do more to ensure faster processing of renewal applications for the Deferred Action for Childhood Arrivals program due to concerns that wait times have increased.

  • April 04, 2024

    Immigrants Get Breathing Room To Renew Work Permits

    Immigrants with expiring work permits due to processing delays will now get 18 months of additional work authorization, according to a temporary regulation that U.S. Citizenship and Immigration Services released on Thursday.

  • April 04, 2024

    Calif. Judge Says Outdoor Detention Unsafe For Migrant Kids

    A California federal judge ordered U.S. Customs and Border Protection to move immigrant children from several open-air detention sites in San Diego, finding the government in violation of a 1997 settlement mandating safety standards for minors in immigration detention.

  • April 03, 2024

    Police Had It Wrong In Reports On Migrant's Death, Jury Told

    An Arizona jury weighing charges that a rancher killed a migrant who was found dead on his property heard Wednesday from the rancher's wife, who was pressed on a discrepancy between officers' reports of how many people she had seen outside that day and her own memory.

  • April 03, 2024

    SD Gov. Noem Asks Tribes To 'Banish' Mexican Drug Cartels

    South Dakota Gov. Kristi Noem has called on Native American tribes throughout the state to "banish" Mexican drug operators from tribal lands, saying that Indian reservations serve as ideal areas where cartels can set up their illicit operations.

  • April 03, 2024

    2nd Circ. Accepts Newer Precedent To Test Border Interviews

    The Second Circuit modified its order for reconsideration of asylum denied to an Ecuadorian woman who claimed that a border agent hit her, saying the Board of Immigration Appeals must consider agency precedent when determining the reliability of border interviews.

  • April 03, 2024

    Texas Backtracks At 5th Circ. On Extent Of Immigrant Arrest Law

    Texas' solicitor general denied that the state's controversial law aimed at arresting unauthorized immigrants would result in removing them, telling perplexed Fifth Circuit judges on Wednesday that they were wrong to have concluded the law likely encroaches on federal jurisdiction.

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Expert Analysis

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Cos. Must Adapt To Calif. Immigration Data Privacy Law

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    California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Consider Immigration Issues When Hiring Int'l Medical Grads

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    As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Key Employer Takeaways From USCIS' H-1B Visa Proposal

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    There are several steps employers can take, like reviewing job descriptions and assessing cap-exempt eligibility, to be well positioned for the sweeping changes that U.S. Citizenship and Immigration Services proposes to implement next year to improve the H-1B visa program, say Brian Coughlin and Angelica Ochoa at Fisher Phillips.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Lost In A Maze Of USCIS Policy On Child Immigration Status

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    A succession of U.S. Citizenship and Immigration Services policy updates, erroneous denials and conflicting messages have limited practitioners' ability to know which clients qualify under a federal law that protects children from aging out of their parents' immigrant petitions, say Jeffrey Galkin and Anna Stepanova at Murthy Law Firm.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

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