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Immigration
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
Report Finds CBP Still Separating Some Children In Detention
A court-appointed juvenile care monitor told a California federal judge the U.S. Customs and Border Patrol was continuing to routinely hold children separately from parents or trusted adults at a Donna, Texas, facility this September, in what could be the monitor's final report.
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December 16, 2024
ICE Detainees' Last Claim Against Ind. County Tossed
An Indiana federal judge on Monday tossed the sole remaining claim lodged against Indiana's Clay County in a putative class action over the county's jail funding practices and immigrant detainee care, saying the claim was better suited for state court.
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December 16, 2024
ICE Contractor Claims Immunity From Family Separation Suit
Transportation services provider MVM Inc. is arguing a father and son suing it for its role in a Trump administration policy that separated them and thousands of other immigrant families can't show it acted unlawfully or outside the bounds of a valid federal contract, dooming their litigation.
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December 16, 2024
Trump Makes Another Pick For Homeland Security Team
President-elect Donald Trump said he will nominate IBM executive Troy Edgar to serve as deputy secretary of the U.S. Department of Homeland Security, after previously nominating South Dakota Gov. Kristi Noem to lead the department.
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December 13, 2024
ND Judge Speeds Up Review Of DACA Health Coverage Block
A North Dakota federal judge agreed Friday to expedite the federal government's request to halt an order blocking the enforcement of a regulation that extends health coverage to immigrants brought to the U.S. as children without authorization.
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December 13, 2024
Immigration Board Won't Halt Removal In $4M Criminal Case
The Board of Immigration Appeals on Friday rejected a Dominican man's attempt to halt his removal from the country after he was convicted of conspiracy to commit money laundering, saying the nearly $4 million laundered renders the conviction an aggravated felony.
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December 13, 2024
DOL Board Says Agency Can Revoke Prior H-2B Registrations
The Board of Alien Labor Certification Appeals has affirmed a U.S. Department of Labor officer's decision to deny a Texas fabrication company's request to temporarily hire dozens of foreign metalworkers and to revoke its previously approved registration number for the H-2B visa program.
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December 13, 2024
Wash. School District Settles Civil Rights Probe By DOJ
The U.S. Department of Justice said this week that it reached an agreement to end an investigation into severe and widespread harassment of Black, Latino and LGBTQ+ students in an eastern Washington school district.
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December 13, 2024
White House Reviewing 2nd Half Of H-1B Modernization Rule
With just over a month to go before the inauguration, the White House is reviewing the second half of a regulation to overhaul the H-1B temporary visa program for specialty occupations, the last step before the rule can be finalized.
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December 12, 2024
DHS Must Do More For Acquisition Staff Troubles, GAO Says
The U.S. Department of Homeland Security is not doing all it can to address the workload and hiring challenges its acquisition workforce is facing, according to a U.S. Government Accountability Office report released on Thursday.
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December 12, 2024
Judge Says Pay Owed After Texas Co. Benched H-1B Worker
A Department of Labor judge said a Houston engineering company owes a former H-1B worker nearly $57,000 in wages since it "benched" the worker without pay for months after a third-party contract collapsed during the COVID-19 pandemic.
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December 12, 2024
Immigrant Rights Groups Slam DHS 'Manifestation' Standard
Immigrant rights organizations challenging the Biden administration's directive curtailing asylum at the southern border told a D.C. federal judge that the administration's latest brief confirms the updated rule goes far beyond what Congress authorized.
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December 12, 2024
Prison Co. Says Jurors Shouldn't See ICE Facility In TVPA Suit
Private prison operator Geo Group urged a Colorado federal judge to deny immigrant detainees' request to show jurors the inside of its detention facility in a trafficking case, including the size of housing units, arguing Wednesday the facility's size will not be relevant when determining whether detainees performed forced labor.
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December 12, 2024
DHS Unveils New Evidence Requirements For Entrepreneurs
U.S. Citizenship and Immigration Services on Thursday updated and expanded the types of evidence foreign entrepreneurs can submit to get temporary admission to the U.S. under a program designed to encourage U.S. startups and spur economic growth.
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December 11, 2024
4th Circ. Unsure Judges' Free Speech Suit Belongs In Court
A Fourth Circuit panel appeared skeptical Wednesday that courts could hear a challenge from the immigration judges' union to a policy it contends restrains their free speech rights, suggesting that recent U.S. Supreme Court precedent would doom the appeal.
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December 11, 2024
Dem Senators Urge Biden To Extend Immigrant Protections
Several Democratic senators on Wednesday urged President Joe Biden to use his final days in office to bolster temporary protected status protections for several countries and expedite the renewal process for Deferred Action of Childhood Arrivals recipients.
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December 11, 2024
DHS Confirms 4th Chinese Nationals Removal Flight This Year
More Chinese migrants were deported from the U.S. via chartered flight Monday as part of the federal government's policy imposing harsher penalties for those who enter the country illegally, marking the fourth large-scale removal flight to China in the last six months, the Department of Homeland Security said Wednesday.
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December 11, 2024
Border Protection Says It's Swamped With FOIA Requests
U.S. Customs and Border Protection told a judge it is working to hand over records Texas Attorney General Ken Paxton requested months ago, but said a spike in document requests has made it "almost impossible" to meet Freedom of Information Act deadlines.
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December 11, 2024
Cross-Border Criminal Antitrust Trial Will Stay In Houston
A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.
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December 10, 2024
BNP Paribas Seeks High Court Appeal In Sudan Refugee Case
BNP Paribas has urged the U.S. Supreme Court to clarify the standard for permitting immediate appeals of class certifications, arguing the Second Circuit was wrong to deny it such review in a class action accusing the bank of enabling human rights abuses in Sudan.
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December 10, 2024
Use Of 1798 Law For Mass Removals Could Be Tough Sell
If President-elect Donald Trump follows through with his promise to invoke the Alien Enemies Act of 1798 to deport millions of unauthorized immigrants, he may have an uphill battle convincing federal courts that the law can be used to quell an immigrant "invasion."
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December 10, 2024
Fed. Circ. Says IT Cos. Can't Duck $4K H-1B Petition Fees
The Federal Circuit on Tuesday rejected software companies' attempt to secure a refund on H-1B visa petition fees for U.S.-based noncitizens, saying the fee is applicable regardless of whether the workers are already in the country or not.
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December 10, 2024
AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive
The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.
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December 10, 2024
8th Circ. Remands Sexual Misconduct Removal Case
The Eighth Circuit sent a Minnesota man's removal case back to immigration court for further review after finding that the third-degree sexual misconduct statute that he pled guilty to doesn't fall within the federal definition of rape that would allow him to be removed.
Expert Analysis
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.