Immigration

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Schumer Scolds McConnell For Judge-Shopping Policy Rebuff

    Senate Majority Leader Chuck Schumer on Tuesday lauded the Judicial Conference's updated policy on random case assignments to prevent litigants from judge-shopping, saying that Senate Minority Leader Mitch McConnell is pushing back against the policy since it'd make it tough for hard-right partisans "to hijack our courts for their purposes."

  • March 19, 2024

    Fishery Says DOL Stonewalling Discovery In H-2A Probe

    The U.S. Department of Labor can't strategically walk away from discovery obligations in a suit accusing a Mississippi fishery of threatening to deport workers if they cooperate in a wage investigation, the fishery said, arguing it won't have a chance to properly defend itself.

  • March 19, 2024

    GEO Fights Wash. Bid For State Inspectors' Entry Into ICE Jail

    GEO Group is pushing back against Washington state's request for a preliminary injunction forcing the private prison operator to let inspectors into a Tacoma-area immigrant detention facility, saying the suit is likely to flop, especially given a federal judge's recent decision to partially suspend the state law regulators have relied upon to get inside.  

  • March 19, 2024

    Texas' Border Buoy Argument 'Flummoxes' Austin Judge

    A Texas federal judge said Tuesday that he "can't imagine" Congress would agree with the state's position that a federal statute governing navigable waters doesn't authorize actions against Texas over its anti-migrant barrier, and suggested the case is likely headed for the U.S. Supreme Court.

  • March 19, 2024

    Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor

    The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

  • March 19, 2024

    Migrant Arrest Law On Hold Again Pending 5th Circ. Hearing

    Texas' Senate Bill 4 authorizing immigrant deportations by state and local law enforcement is on ice again — just hours after the U.S. Supreme Court let it take effect, only to be followed by the Fifth Circuit restoring a hold on the law and scheduling a hearing for Wednesday morning.

  • March 19, 2024

    Justices Say Courts Can Review Immigration Hardship Denial

    The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.

  • March 19, 2024

    High Court Won't Moot Suit Over Rescinded No-Fly Listing

    The U.S. Supreme Court ruled Tuesday that the federal government cannot moot a challenge to an individual's placement on the federal no-fly list by removing the person from the list, in the absence of a definite declaration that the government will not return them to the list in the future.

  • March 18, 2024

    Attys Says Haitians Must Be Protected From Deportation

    The White House must extend temporary protected status for Haitians currently living in the United States well before that protection expires in August due to spiraling violence in the Caribbean country, the American Immigration Lawyers Association has told the Biden administration.

  • March 18, 2024

    DHS To Test AI For Immigration Officer Training, Investigations

    The U.S. Department of Homeland Security on Monday rolled out pilot projects to test the use of artificial intelligence this year, including one to train immigration officers, which the agency said could support more accurate immigration outcomes.

  • March 18, 2024

    Ex-Immigration Judges Say Mistake Warrants Asylum Redo

    Dozens of former immigration judges pressed the First Circuit to grant a second shot at asylum for a Salvadoran woman fearing gang violence, saying an immigration judge had erred by not asking her if she belonged to an asylum-eligible community. 

  • March 18, 2024

    Feds Say CBP Isn't Responsible For Kids At Outdoor Border Sites

    The Biden administration says a California federal court can't hear claims that U.S. Customs and Border Protection is violating a 1997 settlement mandating safety standards for minors in immigration detention, saying children staying in alleged open-air detention sites aren't in CBP's custody.

  • March 18, 2024

    Justice Alito Blocks Texas' Migrant Arrest Law Indefinitely

    U.S. Supreme Court Justice Samuel Alito on Monday once again prevented Texas from implementing a new law allowing state officials to arrest and deport migrants, issuing an order that will keep the law on ice until the court rules further.

  • March 18, 2024

    Lack Of Permanent Workers Dooms Bid For H-2B Kitchen Staff

    A staffing firm's admission that it doesn't have employees in North Carolina undermined its request to temporarily hire 75 foreign workers to staff a North Carolina restaurant, according to a recent decision from a U.S. Department of Labor administrative law judge.

  • March 18, 2024

    Farmers Seek Quick Win In H-2A Suit Against DOL

    Visa-filing agency USA Farm Labor Inc. and a slew of farms and ranches said the attorney general didn't approve the U.S. Department of Labor's rule regulating wages for foreign H-2A farmworkers, urging a North Carolina federal judge to hand them a win.

  • March 15, 2024

    Judiciary Clarifies Judge Shopping Policy After Senator Letter

    The Judicial Conference of the United States said Friday that its updated policy aimed at preventing litigants from shopping for the judge of their choice is not intended to overstep judges' authority or discretion under the law, issuing guidance one day after Republican senators pushed back against the policy.

  • March 15, 2024

    NYC Settles Its Challenge Of 'Right-To-Shelter' Mandate

    New York City and the Legal Aid Society have settled the city's legal challenge of the "right-to-shelter" mandate that requires shelter to be provided to any homeless person in the city, according to a stipulation filed Friday in New York state court.

  • March 15, 2024

    Foreign Investors Say New Ruling Supports EB-5 Visa Bid

    A group of foreign investors seeking EB-5 visas told the D.C. Circuit on Friday that a recent district court decision opens the door for the appeals court to review a policy they contend wrongly prevented them from obtaining visas immediately.

  • March 15, 2024

    DOL Fights Fishery's Bid To Unveil Migrant Worker Identities

    The U.S. Department of Labor is fighting an attempt by a Mississippi fishery to uncover the identities of temporary foreign workers who claim they were retaliated against during a wage investigation, urging a federal judge to prohibit their disclosure.

  • March 15, 2024

    CBP Sued For Info On Alleged Outdoor Border Detention Sites

    Two organizations that support asylum-seekers and other migrants have sued U.S. Customs and Border Patrol in California federal court, seeking information about what they say are squalid CBP-controlled open-air migrant detention sites along California's southern desert border.

  • March 14, 2024

    Russian's Asylum Delay Suit Survives Dismissal Effort In Fla.

    A Russian national's legal efforts to speed up his 4-year-old asylum application survived a dismissal bid from the Biden administration, after a Florida federal court found the asylum-seeker had plausibly alleged his application had been unreasonably delayed.

  • March 14, 2024

    Ga. Farm Retreat Fails to Back H-2B Bid With Growing Season

    An administrative law judge on Wednesday shot down a Georgia farm retreat's bid to temporarily hire foreign employees during the Peach State's growing period, saying in two decisions that the employer failed to show that either of the job positions were seasonal.

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Expert Analysis

  • 5 Tips For Adding Value To Legal Clients' Experience In 2023

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    Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

  • Wage Transparency Laws Create Labor Cert. Hurdles

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    A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

  • 6 Ways To Avoid Compounding Errors When Practicing Law

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    For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

  • What Will Keep Legal Talent Professionals Up At Night In 2023

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    Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2022

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

  • What 3 Legal Industry Trends From 2022 Mean For Next Year

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    Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.

  • Learning From This Year's Legal Industry Discrimination Suits

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    To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

  • Series

    The Future Of Legal Ops: AI Has Important Role To Play

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    Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.

  • 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

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    With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

  • Opinion

    Increasing Law Firm Polarization Will Degrade Rule Of Law

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    As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.

  • How To Deal With Difficult Clients, Practically And Ethically

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    Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.

  • Opinion

    Federal Courts Should Adopt Supreme Court's Amicus Stance

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    The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

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