Immigration

  • April 16, 2024

    Son's Health Issues Not Enough To Prevent Dad's Deportation

    A father could not convince the Tenth Circuit on Tuesday that his son's medical and educational issues warranted reopening his deportation case, his efforts to stay in the country undercut by evidence that the boy's condition was treatable.

  • April 16, 2024

    Judge Won't Rethink Wash. ICE Detention Hygiene Bill Injunction

    A Washington federal judge stood by his month-old ruling that blocked the state from conducting surprise inspections at an immigration detention facility, saying the state hadn't shown that his decision was legally incorrect.

  • April 16, 2024

    Credit Union And 'Dreamers' Get Initial OK To Settle Bias Suit

    A California federal judge preliminarily approved a settlement offering cash to individuals who accused Alliant Credit Union of denying them loans for being asylum claimants, recipients of the Deferred Action for Childhood Arrivals program or dependents of employment-based visa holders.

  • April 15, 2024

    Gov't Says Mich. Court Lacks Authority Over U-Visa Delay Suit

    The federal government on Friday urged a Michigan federal court to toss a proposed class action alleging unreasonable decision delays in U-visa petitions, saying the court wouldn't be able to cure the visa-seeking plaintiffs' alleged harm of being unable to work.

  • April 15, 2024

    Counties Say Colo. Can't Limit Their Cooperation With ICE

    Two Colorado counties filed a lawsuit Monday challenging state laws that restrict how local governments can work with federal immigration authorities, arguing that the state constitution forbids such interference with a local government's ability to cooperate with the federal government.

  • April 15, 2024

    Bond Co. Asks For Life-Saving Pause On $811M Fine

    Immigration bonding company Libre by Nexus Inc. has begged a Virginia federal court for more time to pay an $811 million judgment for predatory bonding practices, saying it would collapse if forced to pay before it can execute its transfer to a new owner.

  • April 15, 2024

    Feds Tells Justices US Citizen Lacks Interest In Spouse's Visa

    The U.S. State Department told the U.S. Supreme Court on Friday that U.S. citizens don't have a constitutional right to know why consular officers deny their spouses' visas, saying that any requirement to provide an explanation would raise national security concerns.

  • April 15, 2024

    Justices Revive 7 Immigration Appeals After Hardship Ruling

    The U.S. Supreme Court on Monday granted certiorari in seven cases and remanded all of them in light of its recent ruling that circuit courts have the authority to review hardship determinations in immigration appeals.

  • April 15, 2024

    Justices Won't Hear Challenge To Wash. Voting Rights Law

    The U.S. Supreme Court declined Monday to consider whether Washington's voting rights law made race the predominant factor in redistricting, in a case involving a rural county with a slim majority of Latino voters.

  • April 12, 2024

    GEO Seeks Wash. ICE Detention Law's Permanent End

    Private prison operator GEO Group Inc. told a Washington federal court judge that the fact the court found parts of a law aimed at improving private prison standards unconstitutional meant the court should permanently bar the law's enforcement.

  • April 12, 2024

    Berry Appleman Faces Disability Bias Suit By Ex-Tech Lead

    Global immigration law firm Berry Appleman & Leiden is facing a disability discrimination suit filed Friday in Texas federal court by its former software tech lead, who says the firm set him up to fail when he sought reasonable accommodations for a coding project due to side effects from his medication.

  • April 12, 2024

    House To Retry Spy Bill After Warrant Measure Fails By 1 Vote

    The U.S. House of Representatives on Friday voted to reauthorize government surveillance of foreigners without warrants, only to have a Florida Republican call for a reconsideration vote for Monday to require warrants for spying on Americans' communications caught up in the surveillance.

  • April 12, 2024

    Split 6th Circ. Orders BIA To Rethink Iraqi Man's Asylum Bid

    A divided panel of the Sixth Circuit has published an opinion ruling that the U.S. Board of Immigration Appeals did not properly consider new evidence in an Iraqi man's asylum petition under the Convention Against Torture, with one judge dissenting to say the board did not abuse its discretion.

  • April 12, 2024

    SEC Says Developer Pulled EB-5 Funds From Nursing Homes

    The U.S. Securities and Exchange Commission accused a Las Vegas developer of using $10 million raised by overseas investors hoping to immigrate to the U.S. to pay down a loan for a project unconnected to their immigration applications.

  • April 12, 2024

    Feds Say Texas' Razor Wire Blocks Immigration Enforcement

    The Biden administration urged a Texas federal court to toss the Lone Star State's lawsuit to maintain barbed wire fencing along the border with Mexico, saying the barrier prevents border agents from arresting individuals crossing unlawfully and providing emergency aid to migrants in distress.

  • April 11, 2024

    Iowa Makes Illegal U.S. Reentry A State Crime

    Iowa Gov. Kim Reynolds has signed into law a bill that will let state police arrest individuals suspected of having entered the country illegally, raising the prospect of another legal battle over the federal government's jurisdiction over immigration affairs.

  • April 11, 2024

    Black Workers, Fish Farm Settle Claims Of Migrant Hiring Bias

    Black farmers and a Mississippi-based fish farm have agreed to settle claims that the farm pushed out the U.S. citizen farmers in favor of Mexican migrant workers, they announced to a Mississippi federal court on Thursday.

  • April 11, 2024

    Ga. Judge Tosses Immigrant Voting Rights Suit Mid-Trial

    As attorneys for the Georgia Secretary of State's office prepared to mount their defense Thursday against a lawsuit challenging the legality of how the state adds newly naturalized citizens to its voter rolls, an Atlanta federal judge instead announced she was dismissing the case mid-trial.

  • April 11, 2024

    Texas Staffing Co. Settles Noncitizen Bias Claims

    A Texas staffing company settled the federal government's claims that it discriminated against a man by requiring he show his green card to prove he can work in the U.S., the U.S. Department of Justice announced Thursday.

  • April 11, 2024

    Feds Agree To Settle Damages Over 2018 Migrant Separations

    The Biden administration is on track to settle two lawsuits from families that alleged serious harm from a Trump-era policy that resulted in children and parents being separated at the southern border, according to Arizona federal court filings.

  • April 10, 2024

    Dems Introduce Bill To Codify Policy Barring Judge Shopping

    Senate Majority Leader Chuck Schumer, D-N.Y., along with 37 other Democratic and two independent senators, introduced legislation on Wednesday to codify the new Judicial Conference of the United States policy against judge shopping after pushback from Republicans and a Texas court.

  • April 10, 2024

    Deported Man Can't Undo Fraud Conviction After Feds' Error

    A deported Nigerian national who confessed to fraud on promises that prosecutors would submit a letter to immigration authorities supporting his deportation defense couldn't convince the Eighth Circuit to toss his guilty plea after prosecutors mistakenly disavowed the letter.

  • April 10, 2024

    Cleaning Co. To Pay $400K In H-2B Workers' Exploitation Suit

    Mexican guest workers and a cleaning company that recruited them to work at a Colorado luxury hotel asked a federal judge on Wednesday to grant initial approval of a $400,000 settlement on claims that the company committed myriad wage and visa law violations and threatened to deport workers who complained.

  • April 10, 2024

    House Rejects Renewal Of Contentious FISA Authority

    The House of Representatives on Wednesday effectively rejected a bill to renew a contentious foreign surveillance authority, after 19 Republican lawmakers refused to back the legislation following criticism from former President Donald Trump.

  • April 10, 2024

    Activists Can't Show LexisNexis Violated Ill. Consumer Law

    Activists were unable to convince an Illinois federal court that LexisNexis Risk Solutions Inc. had violated an Illinois consumer protection law by collecting and selling personal information to immigration and other law enforcement agencies, with the court saying the data was not private.

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Expert Analysis

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    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.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    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.

  • Opinion

    Congress Should Pass Bipartisan Immigration Reform Bill

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    By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Foreign Labor Certification Website Still Structurally Limited

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    Though the U.S. Department of Labor's Office of Foreign Labor Certification has shown encouraging responsiveness in correcting at least one major issue with its online portal, several sources of frustration — including employers' limited access to filed applications — still require fixing, says Michael Morton at Fakhoury Global.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • Perspectives

    Immigration Board Must Mend Choice Of Law Post-Garcia

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    The Board of Immigration Appeals must revisit the choice of law standard recently established in Matter of Garcia, which fails to establish predictability, upsets the settled expectations of parties' remanded cases and unfairly tips the scale in the government's favor, says Monica Mananzan at the Capital Area Immigrants' Rights Coalition.

  • Fla. Foreign Real Estate Law Brings Broad Investment Risks

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    Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.

  • Roundup

    Inside Immigration Court

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    In this Expert Analysis series, immigration judges discuss best practices for attorneys who appear before them and important developments in immigration court practice.

  • Opinion

    Federal Law Should Recognize And Protect Stateless People

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    The government should protect the 200,000-plus people living in the U.S. with no recognized claim to citizenship under any country's laws by defining statelessness, providing benefits like green card eligibility and a path to citizenship, and issuing guidelines for federal officers evaluating statelessness cases, say Samantha Sitterley at United Stateless and Charles Johnson at Akin Gump.

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