Immigration

  • August 02, 2024

    DC Circ. Says Precedent Allows H-1B Spousal Work Permits

    The D.C. Circuit on Friday upheld an Obama-era program authorizing some spouses of highly skilled foreign workers to get work permits, rejecting a challenge from an organization of former IT workers who say they are being displaced by temporary visa holders.

  • August 02, 2024

    Onion Packer To Pay Nearly $270K In Withheld OT Wages

    The U.S. Department of Labor said it recovered nearly $270,000 in back wages and damages for 76 onion farm laborers after the agency found an Idaho business had put them up in substandard housing and had not paid overtime wages.

  • August 02, 2024

    3 Candidates In Running To Replace Washington AG

    Washington voters on Tuesday will narrow the candidates aspiring to become the state's next attorney general, choosing from among a former U.S. attorney, a state lawmaker who was a county prosecutor, as well as a mayor and attorney who is a gun rights advocate.

  • August 01, 2024

    Feds Want Full Sentence Kept In Fla. Illegal Employment Case

    The U.S. urged a Florida federal court on Thursday to uphold the three-year prison sentence of a labor staffing company operator convicted in a conspiracy to hire migrants not authorized to work in the U.S., saying he's ineligible for a reduction because of his admitted role in the scheme.

  • August 01, 2024

    Sidley Launches New San Diego Office With Five Partners

    Sidley Austin LLP has opened a new office in San Diego, with five partners specializing in a range of areas including mergers and acquisition, venture capital and global finance, marking the global law firm's fifth office in the Golden State, the firm announced Thursday.

  • August 01, 2024

    Feds Say Farmworkers Should Have Sued State Over Wages

    The U.S. Department of Labor has urged a Washington federal court to toss a farmworker union's challenge to policies governing the prevailing wage, saying the union's issues actually stem from how state officials interpreted federal rules governing the wage rate.

  • August 01, 2024

    Auto Parts Co. Denied Immigrant Workers Full Pay, Suit Says

    Aftermarket auto parts company Parts Authority schemed to target new immigrants, mostly from Guyana, to work as cheap labor at a New York warehouse, one former Guyanese employee alleged in a potential class action filed in New York federal court.

  • August 01, 2024

    ACLU, ICE Strike Deal To End Prolonged Detention Case

    The American Civil Liberties Union of Virginia called off claims that U.S. Immigration and Customs Enforcement was detaining immigrants who have won asylum and other humanitarian immigration protections, after the agency agreed to consider releasing dozens of individuals.

  • August 01, 2024

    Texas Judge Pauses Border Buoy Trial After 5th Circ. Ruling

    A federal judge on Thursday postponed a bench trial in the Biden administration's suit against Texas over a border barrier in the Rio Grande after the Fifth Circuit vacated the district court's order for Texas to move the barrier during litigation.

  • August 01, 2024

    Fla. Justices Sanction Paralegal For Immigration Practice

    The Florida Supreme Court on Thursday told a paralegal and the immigration legal services businesses she has operated that she must reimburse clients who were misled into believing they were working with licensed attorneys.

  • July 31, 2024

    Split 9th Circ. Won't Use New Law To Revive Trafficking Suit

    A split Ninth Circuit panel on Wednesday refused to revive a human trafficking suit former Cambodian seafood factory workers launched against a Californian importer, saying a new law that expanded liability after the distributor's summary judgment win didn't apply retroactively.

  • July 31, 2024

    Nonprofits' Challenge To Texas' Migrant Transit Law Revived

    A Texas federal judge revived a claim from several nonprofits that sought to challenge a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants, finding that the court has jurisdiction over the nonprofits' supremacy clause claim.

  • July 31, 2024

    Texas Rancher Leads Suit Over Biden Admin Border Programs

    A Texas rancher and two Texas counties hit the Biden administration with a federal lawsuit Wednesday accusing it of issuing various immigration policies that run afoul of Congress' goal to have "zero illegal entries" at the Lone Star State's border.

  • July 31, 2024

    WH Reviewing Green Card Rule For Mixed-Status Families

    A new rule allowing certain foreigners who are married to U.S. citizens and their children to apply for green cards without leaving the United States is under review at the White House's Office of Information and Regulatory Affairs.

  • July 31, 2024

    Union Effort Underway At DOJ's Civil Rights Section

    Attorneys in the U.S. Department of Justice's Civil Rights Division are in the early stages of organizing a union, the union they're seeking to join confirmed Wednesday.

  • July 31, 2024

    5th Circ. Slams Injunction Against Texas In Buoy Fight

    The majority of the full Fifth Circuit ruled that a Texas federal court abused its discretion by ordering Texas to move a 1,000-foot buoy barrier meant to deter migrants in the Rio Grande to its own riverbank.

  • July 30, 2024

    Texas Border Buoy Trial Must Go On, Judge Says

    A Texas federal judge denied an attempt by Texas to stall an upcoming trial over the state's use of a buoy barrier meant to prevent illegal border crossings, saying in a Tuesday order that the state didn't explain why it had a "sudden emergency" that warranted a stay. 

  • July 30, 2024

    Split 9th Circ. Denies Removal Relief To Cartel Member's Son

    A split Ninth Circuit on Tuesday refused to revive a longtime green card holder's bid for deportation relief, saying evidence that his cartel-member father abused him in the U.S. had no bearing on whether he would be harmed again in Mexico.

  • July 30, 2024

    4th Circ. Nixes Appeal Of Naturalization's Remand To Agency

    A Honduran citizen, facing delays to his naturalization application due to a 24-year-old removal order that was never executed, lost his bid to have a judge review his application when the Fourth Circuit ruled that a lower court's remand of the matter to U.S. Citizenship and Immigration Services isn't ripe for a challenge.

  • July 30, 2024

    Judge OKs Deal Ending Asylum Seekers' Work Eligibility Suit

    A Washington federal court signed off Tuesday on a preliminary settlement resolving asylum seekers' claims that federal immigration agencies have forced them to wait longer than the 180-day waiting period to apply for work permits.

  • July 30, 2024

    NYC Loses Injunction Bid In Texas Migrant Busing Suit

    A New York state judge has denied New York City's bid to bar charter bus companies from transporting migrants from Texas, saying the state law the city leaned on is "essentially identical" to one the U.S. Supreme Court struck down in 1941.

  • July 30, 2024

    9th Circ. Says Migrant Fought For Hearing In Wrong Venue

    The Ninth Circuit said Monday a California federal court should not have granted a detained migrant's bid for a bond hearing because he filed it in the wrong place and did not name the proper parties, ruling for the first time that detained migrants face the same hurdles for such petitions as other detainees.

  • July 30, 2024

    Feds Must Maintain Center's EB-5 Status During Fee Dispute

    A Montana federal judge ordered U.S. Citizenship and Immigration Services to maintain a regional center's designation to participate in the EB-5 investor visa program while he reviews claims that the agency moved to terminate its designation without proper notice.

  • July 29, 2024

    NYC Prof And Purported Dissident A Chinese Spy, Jury Hears

    A New York academic and author secretly acted as an agent of the Chinese government in the United States, a prosecutor told jurors on Monday, betraying pro-democracy activists by feeding information to China's intelligence service.

  • July 29, 2024

    Split 11th Circ. Won't Revive Class Action Over USCIS Denials

    A split Eleventh Circuit panel on Monday backed the dismissal of claims from five immigrants given temporary protected status but later rejected for green cards, saying the court doesn't have jurisdiction to review U.S. Citizenship and Immigration Services matters due to a precedential 2021 U.S. Supreme Court decision.

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Expert Analysis

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Navigating USCIS' New Minimum EB-5 Investment Period

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    Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • CFPB, DOJ Signal Focus On Fair Lending To Immigrants

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    New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • 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.

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