Immigration

  • 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.

  • September 27, 2024

    Sick Juror Goes Virtual To Keep Cognizant Trial On Track

    A California federal judge proposed an "outside the box" idea Friday after a juror in a trial considering allegations that Cognizant Technologies is biased in favor of Indian workers came down with COVID-19, allowing the juror to view the proceedings from home via video.

  • September 27, 2024

    Ex-Citizens' Renunciation Fee Suit Shipped To Claims Court

    A D.C. federal judge ruled that a lawsuit brought by former U.S. citizens seeking a refund on their $2,350 citizenship renunciation fee belongs in the Court of Federal Claims.

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Expert Analysis

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope

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    James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Opinion

    Expanded Detention Will Not Solve Immigration Challenges

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    The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • How Harsher Penalties For AI Crimes May Work In Practice

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    With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.

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