Immigration

  • October 03, 2024

    DHS Won't Turn Over Records About AI Use, Activists Say

    Three immigration-focused nonprofits sued the U.S. Department of Homeland Security on Thursday, alleging the department has yet to provide information they sought concerning how it uses artificial intelligence in its decision-making over immigration-related issues, including asylum and detention matters.

  • October 03, 2024

    DHS Vetting Not Enough To Curb Travel Risks, Watchdog Says

    Gaps in the federal immigration system's vetting policies are creating a risk that noncitizens who pose a public safety threat are being cleared for domestic air travel, the U.S. Department of Homeland Security's internal watchdog reported.

  • October 03, 2024

    Red States Want H-2A Farmworker Rule Gone For Good

    More than a dozen Republican-led states are urging a Georgia federal judge to vacate a U.S. Department of Labor rule that would strengthen protections for foreign farmworkers within the H-2A visa program, arguing that the department clearly overstepped its authorities.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Soldiers Urge DC Circ. Not To Revive DOD Naturalization Rule

    Immigrant soldiers urged the D.C. Circuit to affirm a lower court's order that wiped away a Pentagon requirement to serve for one year before becoming eligible for citizenship, saying lawmakers wanted military personnel enlisting during wartime to reap the benefits of citizenship.

  • October 02, 2024

    Cognizant Exec Cites India's Talent Pool To Explain Workforce

    A Cognizant Technologies vice president repeatedly denied in testimony Wednesday that the company is biased toward Indian workers in a class action brought by former employees, and said the company's high percentage of Indian workers with visas is due to the "vast pool of engineering talent" in that country.

  • October 02, 2024

    Colony Ridge Seeks Quick Appeal In 'Reverse Redlining' Suit

    A Texas real estate developer that recently lost a bid to exit a lending discrimination suit brought by the U.S. government and the Consumer Financial Protection Bureau has moved to begin a Fifth Circuit appeal, arguing the "novelty" of the case's reverse redlining theory warrants immediate appellate review.

  • October 02, 2024

    ACLU Seeks Info On Feds' Ability To Deport People En Masse

    The American Civil Liberties Union on Wednesday sued U.S. government agencies overseeing the nation's immigration system in New York federal court for records outlining their ability to carry out a mass detention and deportation campaign.

  • October 02, 2024

    DOL Judge Remands Rejected Request For Foreign Welders

    A U.S. Department of Labor judge instructed a certifying officer to reconsider the rejection of a ConocoPhillips subcontractor's request to hire 75 welders for 18 months for a controversial oil-drilling project, saying a request of that magnitude could work because the applicant had not previously used seasonal workers.

  • October 02, 2024

    USCIS Updates Guidance Evidence Standards For EB-1 Visas

    U.S. Citizenship and Immigration Services on Wednesday issued new guidance to clarify the types of evidence the agency will weigh in considering applications for EB-1 extraordinary ability visas for individuals at the top of certain fields.

  • October 01, 2024

    Ex-Cognizant Worker's Emails Show His Prejudice, Jury Told

    A former Cognizant Technology IT worker who is among a class of employees alleging the company is biased toward Indians and South Asians was confronted on cross-examination Tuesday during a California federal trial about emails he sent that a company attorney argued show a longstanding "problem" with Indian visa holders.

  • October 01, 2024

    Mich. Court Says It Can't Force Gov't To Speed Up U-Visas

    A Michigan federal judge dismissed a proposed class action from U-visa petitioners who sued over government processing delays, saying federal courts lack power to force the U.S. Citizenship and Immigration Services to process visas in a required time frame.

  • October 01, 2024

    ​​​​​​​Texas Loses Bid To Block Residency Over Use Of Benefits

    A Texas federal judge has dismissed the state's lawsuit challenging a Biden administration decision to upend a Trump-era rule blocking permanent residency for immigrants who use certain public benefits, finding Texas lacked standing because it didn't show the upending would lead to an increase in immigration or related costs.

  • October 01, 2024

    Feds Can't Ditch Trimmed Asylum Seekers' Suit Over CBP App

    A California federal judge trimmed Monday a proposed class action challenging the federal government's requirement that asylum seekers use a smartphone app to submit applications, tossing an Alien Tort Statute claim and narrowing the scope of injunctive relief sought, but keeping the bulk of the Administrative Procedures Act fight alive.

  • October 01, 2024

    Rancher Wins Claim That Border Wall Halt Hurt Environment

    An Arizona rancher has won his lawsuit claiming the Biden administration violated federal environmental law by failing to analyze how stopping construction on a border wall between the U.S. and Mexico and terminating a program that returned migrants to Mexico would impact the area.

  • October 01, 2024

    Ex-DHS GC Returns To Sheppard Mullin As Nat'l Security Head

    The U.S. Department of Homeland Security's former general counsel Jonathan Meyer has bounced between the agency and Sheppard Mullin Richter & Hampton LLP since 2016, and now after three years as DHS' top lawyer, the firm said Tuesday he's returning to lead its national security group in D.C.

  • September 30, 2024

    'I Was Excluded,' White Ex-Cognizant Worker Tells Jury

    A former Cognizant employee testifying for a class of former workers alleging the company is biased in favor of Indian employees corrected an attorney on Monday when asked if she "felt excluded" at the company, insisting, "Well, I was excluded."

  • September 30, 2024

    Texas' Standing Theory Yet To Be Tested At High Court

    Litigation challenging federal immigration policy has become a cornerstone for both Democratic and Republican-led states, but Texas-led suits have introduced a unique theory of standing that has yet to be tested in the U.S. Supreme Court.

  • September 30, 2024

    If Not Asylum Curbs, What Else? Mayorkas Says In Defense

    U.S. Secretary of Homeland Security Alejandro Mayorkas pointedly criticized those who have condemned new restrictions on asylum-seekers, saying Monday the limits must be viewed in light of a need for order at the southern border.

  • September 30, 2024

    Biden Admin Expands Asylum Curbs At Southern Border

    The Biden administration on Monday quadrupled the length of time during which stringent asylum restrictions that were introduced in June will remain in effect.

  • September 30, 2024

    Irish Jockey's EB-1 Visa Suit Won't Cross Finish Line

    An Irish jockey can't sue federal officials for denying his application for U.S. citizenship because his application process was still open, even if only so he can try to explain why it shouldn't be closed, a Pennsylvania federal judge ruled Monday.

  • September 30, 2024

    Texas Says 5th Circ. Border Buoy Ruling Is No Court Split

    The federal government and the state of Texas are at odds over how much weight a Fifth Circuit en banc opinion that halted the removal of a 1,000-foot buoy barrier in the Rio Grande should carry, with the Lone Star State rebuking the assertion that the en banc proceedings produced a nine-nine, non-precedential split.

  • September 30, 2024

    Logistics Co. Wants Out Of Worker Visa Misuse Class Action

    A Georgia logistics company accused of luring skilled workers from Mexico to the U.S. with empty promises of well-paying technical jobs asked a federal judge Friday to be let out of the proposed class action for want of any ties to the plaintiffs' alleged mistreatment.

  • September 30, 2024

    DOL Judge Accepts Trucking Terminal As H-2B Worksite

    A U.S. Department of Labor judge allowed an agricultural company to resubmit a request to temporarily hire noncitizen truckers to deliver fertilizer throughout Nebraska, saying the company didn't have to detail the truckers' delivery routes when describing their worksites.

  • September 30, 2024

    DOL Says Fabricator Can't Get H-2B Workers For One Project

    A fabrication company found no support from a U.S. Department of Labor judge for its request to hire 150 foreign welders and fitters, with the judge taking issue with the company's explanation that the workers were needed for one project.

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Expert Analysis

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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