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Immigration
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December 20, 2024
USCIS Pressed To Unveil How It Uses AI In Asylum Cases
Refugees International fired off a lawsuit in D.C. federal court on Friday to pry loose records from U.S. Citizenship and Immigration Services about its use of artificial intelligence to process asylum applications, saying the agency has stonewalled its request for nearly two years.
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December 20, 2024
The Biggest Immigration Policies Of 2024: Year In Review
The Biden administration implemented some of the harshest and most heavily criticized asylum restrictions yet in 2024 but also implemented measures to revamp temporary foreign worker programs and expand avenues for immigrants to change their status. Here, Law360 looks back at four of the biggest immigration policy developments of the year.
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December 20, 2024
'Dreamers' Urge 8th Circ. To Uphold Health Coverage Rule
Recipients of Deferred Action for Childhood Arrivals have urged the Eighth Circuit to pause a district court order halting a Biden administration regulation qualifying them for Affordable Care Act coverage, saying the lower court relied on "strained speculation" to find standing.
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December 20, 2024
Jackson Lewis Immigration Ace Jumps To Dickinson Wright
A former equity partner at Jackson Lewis PC with experience in complex immigration matters has joined Dickinson Wright PLLC's Austin, Texas, office as an of counsel.
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December 20, 2024
Chicago Attorney Indicted On Immigration Fraud Charges
A federal grand jury in Illinois has indicted a Chicago attorney on charges he conspired to file fraudulent employment documents on behalf of nurses from the Philippines in an effort to obtain work visas for them to live and work in the United States.
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December 19, 2024
DOJ Targets Groups' Standing In Asylum Limits Fight
The U.S. Department of Justice told a federal judge immigrant rights groups don't have standing to challenge asylum restrictions enacted for the southern border based on claims that they prevent the groups from serving asylum seekers.
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December 19, 2024
4th Circ. Says Temporary BIA Judges Can Be Reappointed
Judges can be temporarily appointed to the Board of Immigration Appeals for a term "not to exceed six months," but they can also be reappointed as many times as the attorney general sees fit, the Fourth Circuit has ruled in a case that challenges the seating of such a judge.
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December 19, 2024
Visa Sponsorship Form Needs Clarity, Ombudsman Says
A U.S. Citizenship and Immigration Services watchdog is urging the agency to revise a form used to sponsor noncitizen relatives, saying it has caused confusion and imposed extra costs and delays on people trying to reunite with family members.
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December 19, 2024
3rd Circ. Says Loan Shark, Robbery Not Enough For Asylum
The Third Circuit ruled against a Brazilian family seeking asylum following threats from a loan shark and a home invasion, saying that their status as crime victims and debtors does not constitute a particular social group eligible for asylum.
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December 19, 2024
The Top 5 Immigration Cases Of 2024: Year In Review
The Biden administration settled several lawsuits over family separations that happened under the Trump-era zero tolerance policy and persuaded courts that three state immigration laws infringe on federal authority over immigration enforcement. Here, Law360 looks back at five significant litigation developments in 2024 that bear on immigration policy.
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December 18, 2024
NYC Agrees To Pay Immigrants $92.5M In Overdetention Suit
A New York state court Wednesday gave the initial OK to New York City's agreement to pay a class of over 20,000 individuals up to $92.5 million to resolve decadelong allegations the city unlawfully detained immigrants for days or weeks longer than allowed under U.S. Immigration and Customs Enforcement detainers.
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December 18, 2024
High Court Bar's Future: McDermott's Paul Hughes
Paul W. Hughes of McDermott Will & Emery LLP knows U.S. Supreme Court oral arguments are unpredictable — you can end up as the butt of a justice's joke or have the whole bench fully embrace your novel legal theory — so he focuses on what he can control: being overprepared for any version of the court he meets.
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December 18, 2024
DHS Pushes Through Rule To Hasten Some Removals
A new U.S. Department of Homeland Security regulation will allow asylum officers to quickly decide if migrants are barred from asylum because of national security or public safety concerns, paving the way for swift removals of those individuals.
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December 18, 2024
DOJ Wants Misconduct Allegations Hushed In Used Car Case
The U.S. Department of Justice wants to bar defendants accused of violently controlling the cross-border transport of American used cars into Central America from raising accusations of misconduct by nonwitness law enforcement officers to the jury without prior approval from the Texas federal judge overseeing the case.
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December 18, 2024
Colo. Judge Tosses County Challenge To State Sanctuary Law
A Colorado judge has dismissed six counties' challenge against two state laws limiting local cooperation with federal immigration enforcement, ruling the limits were well within the Legislature's power and that the counties lack standing to sue under the state and federal constitutions.
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December 18, 2024
Texas Says Border Wall Panel Sales May Violate Injunction
Missouri and Texas asked a federal judge to probe whether the Biden administration is violating an order to use $1.4 billion of congressional funds to build the southern border wall, pointing to media reports that wall materials are being sold off.
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December 18, 2024
1st Circ. Says It Can't Review Revoked Visa Petition
The First Circuit said it lacks the authority to review U.S. Citizenship and Immigration Services' decision to revoke a Brazilian woman's I-140 permanent resident petition after discovering she never worked as a physiotherapist like she claimed.
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December 17, 2024
Union Says DOL's H2-A Contracts Defy Court Order
A farmworkers union told a Washington federal judge Monday that the U.S. Department of Labor is violating a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.
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December 17, 2024
Family Separation Was Deliberate And Calculated, Report Says
Human Rights Watch said in a new report that as many as 1,360 children were never reunited with their parents after the Trump administration introduced a zero-tolerance policy that led to a deliberate increase in family separation at the Southern border.
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December 17, 2024
DHS Unveils H-1B Overhaul As Biden Admin Winds Down
The U.S. Department of Homeland Security on Tuesday unveiled its highly anticipated overhaul of the H-1B visa program for foreign specialty workers, codifying deference to prior approvals and tightening eligibility standards for the kinds of occupations that qualify.
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December 17, 2024
Biden Admin Finalizes Revamp Of Seasonal Visa Programs
The U.S. Department of Homeland Security on Tuesday finalized changes to the program for foreign seasonal workers that will bolster worker protections, penalize employers who impose prohibited fees and make it easier for workers to change employers.
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December 17, 2024
Asset Manager Gets 2½ Years For Role In $1.2B PDVSA Scheme
A Florida federal judge on Tuesday sentenced an asset manager who pled guilty to participating in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company to 2½ years in prison.
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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.
Expert Analysis
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Perspectives
Immigration Detention Should Offer Universal Legal Counsel
Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.