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Immigration
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September 25, 2024
4th Circ. Doubts H-2A Wage Rule Should Be Put On Ice
A Fourth Circuit panel appeared reluctant on Wednesday to block the Biden administration's new wage rule for H-2A visa workers, doubting whether the rule should have accounted for illegal immigration and whether that issue was even properly before the court.
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September 25, 2024
Suit Over Fla. Law Restricting Foreign Land Buys Paused
A Florida federal judge on Wednesday paused a challenge to a Florida law that restricts land purchases of Chinese citizens and others, saying it was prudent to wait to see what the Eleventh Circuit does with a similar challenge that has already been argued before the appeals court.
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September 25, 2024
Engineer Says DHS Wrongly Tied Him To Old Co.'s Fraud
A Bangladeshi engineer sued the U.S. Department of Homeland Security on Wednesday, alleging that it flagged his immigration file based on an old, unpaid internship with a recruiting firm later found to have committed immigration fraud.
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September 25, 2024
Fed. Claims Court Won't Toss Abandoned Border Fence Suit
The U.S. Court of Federal Claims refused to throw out a suit filed by California property owners who claimed that the federal government owed them compensation after it abandoned a U.S.-Mexico border fence project on the owners' leased properties, leaving behind construction debris and causing environmental damage.
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September 25, 2024
DACA Intervenors In ACA Suit Resist Stay Of Dismissal Bid
Recipients of the Deferred Action for Childhood Arrival program seeking to defend their access to Affordable Care Act coverage pressed a North Dakota federal judge to decide if a lawsuit, filed by Republican states, should be dismissed or moved to Washington, D.C., saying their motion to intervene in the suit doesn't have to be decided first.
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September 25, 2024
DHS Gives Qatari Citizens Visa-Free Travel For Short Visits
U.S. Department of Homeland Security designated Qatar for a Visa Waiver Program, allowing its citizens and nationals to enter the U.S. for up to 90 days without obtaining a visa.
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September 24, 2024
Chance Cognizant Didn't Discriminate Is '1 In A Billion,' Jury Told
An attorney for a class of former Cognizant Technology employees alleging the company discriminated against non-South Asian and non-Indian employees told a jury during opening statements of a retrial Tuesday that the probability Cognizant's behavior wasn't racially biased is about one in a billion.
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September 24, 2024
Fla. Staffing Co. Owners Charged With Immigration, Tax Fraud
A pair of Ukrainian nationals are charged with immigration fraud and money laundering conspiracy stemming from a yearslong scheme of hiring nonresident aliens ineligible to work in the U.S. to their labor staffing companies, according to an indictment unsealed Monday in Florida federal court.
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September 24, 2024
NJ Apartment Owner, Operator Fight DACA Bias Suit
An apartment complex's owner and its operator have urged a New Jersey federal court to toss a Guatemalan immigrant's claims that her housing application was denied due to her Deferred Action for Childhood Arrivals status, saying she failed to provide proof of legal residence.
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September 24, 2024
Texas AG, County Officials Spar Over Voter Registration Suits
Texas Attorney General Ken Paxton is urging a federal judge to send his lawsuits challenging two counties' voter registration initiatives back to state courts, emphasizing that his office has learned one county sent an unsolicited registration application to a person who died more than 40 years ago.
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September 24, 2024
Haitian Group Seeks Criminal Charges Against Trump And Vance
A Haitian advocacy organization filed an affidavit Tuesday seeking criminal prosecution of former President Donald Trump and his running mate, Ohio Sen. J.D. Vance, for their false claims that Haitian immigrants are eating pets in Springfield, Ohio, that have "wreaked havoc" on the city.
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September 24, 2024
Think Tank Can't Get Prince Harry's Visa Records, Judge Says
A D.C. federal judge has shot down conservative think tank's attempt to pry loose Prince Harry's visa records, saying the U.S. Department of Homeland Security rightfully withheld them to protect the Duke of Sussex's privacy.
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September 24, 2024
Dems Urge Full 9th Circ. To Rethink Worker's Trafficking Loss
Democratic lawmakers urged the en banc Ninth Circuit to rethink a split decision tossing Cambodian workers' human trafficking suit against a California importer, arguing Congress specifically amended the federal law following another erroneous Ninth Circuit ruling in the case, and the majority's refusal to apply those amendments retroactively undermines congressional authority.
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September 23, 2024
'Dreamers' Want In On GOP States' Suit Over ACA Coverage
Deferred Action for Childhood Arrivals recipients and a Maryland nonprofit have moved to intervene in a Republican states-led lawsuit challenging a rule giving DACA beneficiaries access to Affordable Care Act health insurance programs, saying the Biden administration can't adequately represent their interests.
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September 23, 2024
Blogging Co. Can't Nab Health Aides For Traveling CEO
A blogging company was denied the ability to hire foreign health aides for its Mexico-based CEO during his visits to the U.S., with an administrative law judge saying the U.S. Department of Labor couldn't assess how on-and-off employees would affect domestic workers.
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September 23, 2024
Migrant Youth Facility Moves To Ax DOJ's Sex Abuse Suit
Southwest Key asked a Texas federal judge to end the government's suit alleging it failed to protect migrant children from sexual abuse by staffers in violation of the Fair Housing Act, arguing Monday there are different regulations addressing and preventing such misconduct in shelter care facilities that don't include the FHA.
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September 23, 2024
DOL Says It Can Set Higher Wages For H-2A Workers
The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.
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September 23, 2024
Feds To Pay $893K Fee Award To Travel Ban Challengers
A California federal judge has signed off on the Biden administration's agreement to cover $893,000 worth of legal fees that thousands of visa applicants racked up while contesting a Trump-era travel ban that prevented them from immigrating to the U.S.
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September 23, 2024
Lack Of Evidence Dooms H-2B Administrative Assistant Bid
A U.S. Department of Labor appeals board ruled that a Florida-based company's application for five administrative assistants through the H-2B temporary visa program was rightly denied for its failure to provide supporting evidence to substantiate its request.
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September 23, 2024
5th Circ. Refuses Texas A Jury Trial For Border Buoy Case
The Fifth Circuit refused Texas' request for jurors to decide the legality of barriers installed in the Rio Grande to deter migrants, saying the Seventh Amendment's right to a jury trial doesn't apply to the case.
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September 20, 2024
Retail Theft Wasn't Removable Crime, Immigration Board Says
Retail theft is not necessarily a crime of moral turpitude that warrants an immigrant's removal, the Board of Immigration Appeals ruled Friday, saying its 2006 precedential reasoning runs afoul of the categorical approach articulated by the U.S. Supreme Court.
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September 20, 2024
Cards Against Humanity Hits SpaceX With $15M Trespass Suit
Cards Against Humanity LLC hit Elon Musk's SpaceX with a $15 million lawsuit in Texas state court, alleging SpaceX has trespassed and dumped trash and machinery on its once-pristine Lone Star State property that the party card game-maker bought to impede former President Donald Trump's U.S.-Mexico border wall.
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September 20, 2024
Okla. Says Precedent Doesn't Bar All State Immigration Laws
Oklahoma told the Tenth Circuit that a district court wrongly extended U.S. Supreme Court precedent to block a law making it a crime for unauthorized immigrants to be in Oklahoma, saying not all state immigration measures have been deemed preempted.
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September 20, 2024
H-2A Wage Rule Blocked In La. For Sugarcane Farms
A Louisiana federal judge said Thursday the U.S. Department of Labor likely didn't have the authority to raise wages for H-2A farmworkers, temporarily blocking the rule from applying to sugarcane farms in Louisiana.
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September 20, 2024
Chevron's Demise May Not Bring Deluge Courts Had Feared
Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.
Expert Analysis
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.