Immigration

  • 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.

  • September 27, 2024

    States Tell Justices They Belong In Asylum Settlement Talks

    Five Republican-led states pressed the U.S. Supreme Court to let them participate in the Biden administration's settlement discussions with immigration groups challenging asylum restrictions, arguing their input is necessary to prevent the administration from ceding the policy at the table.

  • September 27, 2024

    Texas Judge Lets Paxton Probe Of Immigration Nonprofit Go On

    Nonprofit legal services provider Las Americas Immigrant Advocacy Center lost a bid on Friday to halt the Texas attorney general's investigation of the organization's activities, with a federal judge saying the group waited too long to file its complaint.

  • September 27, 2024

    Iowa Vet's Bid For H-2B Breeders Doomed By Lack Of US Staff

    An Iowa veterinary practice's request to temporarily hire foreign horse breeders for its reproductive center was doomed by its failure to show the center had full-time U.S. staff, according to a decision from a U.S. Department of Labor administrative law judge.

  • September 26, 2024

    Cognizant's Level Of Indian H-1B Workers 'Unusual,' Jury Told

    A Howard University professor testifying as an expert for a class of former Congizant Technologies employees alleging the company has a bias in favor of Indian workers told a California federal jury Thursday the fact that 99% of Cognizant's H-1B visa workers are from India is "unusual" and demonstrates a "cultural preference."

  • September 26, 2024

    GEO Agrees To Let Labor Inspectors Into Wash. ICE Facility

    A Washington federal judge on Wednesday signed off on an agreement between the state of Washington and private prison operator GEO Group Inc. to allow state labor inspectors access to an immigration detention facility GEO owns and operates for U.S. Immigration and Customs Enforcement.

  • September 26, 2024

    8th Circ. Probes Standing In Fight Over Iowa Immigration Law

    An Eighth Circuit panel on Thursday questioned an immigrant rights group's prerogative to challenge a new Iowa law criminalizing the presence of previously deported noncitizens, pushing back on the organization's alleged "irreparable harm" from the statute.

  • September 26, 2024

    Religious Nonprofit Can Keep Refugee Aid Contracts For Now

    Michigan will abandon its bid for early termination of contracts awarded to a Christian adoption and refugee agency while the organization's lawsuit, alleging the state forced it to hire non-Christians to qualify for contracts, plays out in federal court.

  • September 26, 2024

    Offended Texas Judge Formally Vacates Buoy Injunction

    A Texas federal judge who took umbrage at a state attorney's suggestion that he may ignore the Fifth Circuit's instruction to lift his injunction on the state's buoy barrier in the Rio Grande ceded to the appellate court on Thursday.

  • September 26, 2024

    Immigrant Legal Aid Group Sues Over Texas AG's Probe

    The nonprofit legal services provider Las Americas Immigrant Advocacy Center filed a federal lawsuit Wednesday accusing Texas Attorney General Ken Paxton of trying to chill protected activity — suing two days before it was due to turn over information from the low-income immigrants it serves to the AG.

  • September 25, 2024

    Ex-Cognizant Worker Says Co. 'Mandate' Was To Hire Indians

    A former employee at Cognizant Technology testified Wednesday as a witness for a class of former employees alleging the company discriminates against non-Indian workers, and said he believes the company did not just have a preference for hiring workers from India through the H-1B visa program, but that it was "a mandate."

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Expert Analysis

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Mitigating Incarceration's Impacts On Foreign Nationals

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    Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

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