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Immigration
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
DOL Board Says Processing Delay Isn't A 'Catastrophic Event'
Delays in prevailing wage determinations aren't the kind of emergency needed to let a Florida company seeking to employ foreign workers qualify for a waiver to file its petition outside the usual timeframe, a U.S. Department of Labor appeals board said.
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Trump Funding Freeze Blocked As Court Doubts Reversal
A Rhode Island federal judge on Friday issued a temporary restraining order barring the Trump administration from freezing spending on federal grant and aid programs, calling the move illegal and saying the issue was not mooted by a White House memo claiming the directive had been rescinded.
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January 31, 2025
Judge Extends Migrant Kids Detention Settlement
A California federal judge agreed to extend for 18 months a settlement governing the federal government's custody of detained immigrant children, saying there is evidence that Customs and Border Protection has been violating the agreement.
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January 30, 2025
Wise Reaches $2.5M CFPB Deal Over Disclosure, Fee Issues
In its first new enforcement action since President Donald Trump's return to office, the Consumer Financial Protection Bureau on Thursday ordered Wise, a global money transfer fintech, to pay nearly $2.5 million on allegations it committed misleading fee marketing and disclosure-related violations.
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January 30, 2025
Advocates Warn Of Abuses In Detaining Migrants At Guantánamo
Civil and immigrant rights advocates said Thursday that the Trump administration's proposed use of Naval Station Guantánamo Bay to detain unauthorized immigrants raises a host of legal concerns, including the potential for due process and human rights violations.
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January 30, 2025
Chicago Orgs. Drop Bid For Court Order After Raids
Chicago nonprofits who pushed to prevent the Trump administration from carrying out immigration enforcement actions in the Windy City withdrew a motion for an emergency court order after they took place over the weekend.
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January 30, 2025
DC Circ. Weighs Mootness In DOD's Time-In-Service Appeal
A D.C. Circuit panel on Thursday wrestled with mootness in the federal government's appeal of a ruling that blocked the U.S. Department of Defense from setting service duration requirements for noncitizen soldiers to become citizens, questioning whether the 2021 recission of the policy leaves anything to rule on.
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January 30, 2025
Canadian Pot Equipment CEO Says CBP Illegally Booted Him
The Canadian CEO of a company that makes cannabis agricultural equipment has sued the U.S. Homeland Security Department and Customs and Border Protection, saying they detained him at the U.S.-Canada border and ordered his removal for allegedly abetting the spread of narcotics despite a prior U.S. Court of International Trade finding that his company was operating legally.
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January 30, 2025
Attys Argue For Family's Parole After CBP One Shutdown
Attorneys told a D.C. federal judge Wednesday that the Trump administration has offered no basis for believing that a single mother and her two children would pose a threat to public safety if allowed into the country to apply for asylum.
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January 30, 2025
Texas AG's Deputy Tapped For Trump's DOJ
A deputy in Texas Attorney General Ken Paxton's office has been tapped for President Donald Trump's Justice Department, Paxton announced Thursday.
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January 30, 2025
Food Co. Pays $950K To Settle Claims Over Ineligible Bidding
California-based GS Foods Group Inc. has agreed to pay the federal government nearly $950,000 to resolve claims it bid on contracts reserved for small businesses, despite not qualifying as a small business, in violation of the False Claims Act.
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January 29, 2025
Trump Orders Guantánamo Prep For 30K 'Criminal' Migrants
President Donald Trump on Wednesday directed the U.S. Department of Defense and the U.S. Department of Homeland Security to prepare Naval Station Guantánamo Bay to detain tens of thousands of "high-priority criminal" undocumented migrants, a move he previewed before signing an anticipated law aimed at detaining migrants charged with certain offenses.
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January 29, 2025
Quakers Sue To Keep ICE Raids Away From Churches
Groups representing scores of Quaker congregations are asking a Maryland federal court to block a new U.S. Department of Homeland Security policy authorizing immigration enforcement actions in previously protected areas such as churches, and to declare the policy unconstitutional.
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January 29, 2025
Noem Revokes Extension Of Protections For Venezuelans
Homeland Security Secretary Kristi Noem on Tuesday revoked a decision that extended temporary deportation protections for about 600,000 Venezuelans.
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January 29, 2025
Cities Urge Judges To Halt Trump Birthright Citizenship Order
Local governments and officials representing more than 70 jurisdictions spanning 24 states expressed support on Wednesday for a nationwide pause on President Donald Trump's order restricting birthright citizenship, warning federal judges the mandate will otherwise fuel administrative dysfunction and detract from publicly funded programs.
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January 29, 2025
4 Questions About Trump's Federal Worker Resignation Policy
President Donald Trump’s offer of letting federal workers resign with several months of paid administrative leave raises questions about its legality and whether workers will actually get paid, attorneys said. Here, Law360 explores four questions that stem from the policy.
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January 29, 2025
Appeals Panel Ponders If NC Bar Can Disbar NY-Licensed Atty
A state appellate panel on Wednesday grappled with the North Carolina State Bar's jurisdiction when it comes to disciplining lawyers who aren't its members, questioning how the agency could disbar an immigration attorney who lives in the Tar Heel State but is licensed in New York.
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January 29, 2025
White House Rescinds Trump's Spending Freeze
The White House on Wednesday rescinded a directive freezing federal funding, saying it wants to end litigation and confusion, but said the move will not end a review of spending to ensure compliance with a series of executive orders by the president.
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January 28, 2025
Trump Tells Federal Workers They're Welcome To Resign
The Trump administration on Tuesday emailed about 2 million federal employees offering them the option to resign but continue to be paid to the end of September, in an effort to implement a campaign promise to drastically cut the federal workforce and only keep employees who are "loyal" and "trustworthy."
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January 28, 2025
Sig Sauer's Strategy To DQ Experts Gets Knocked Out At 6th Circ.
Gunmaker Sig Sauer Inc.'s legal strategy to disqualify experts who testified its P320 pistol was defectively designed suffered a blow when the Sixth Circuit ruled, in a split decision, that the witnesses could opine on if the arms manufacture should have utilized a safer build, forecasting potential outcomes in similar appeals before the Third and Tenth circuits.
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January 28, 2025
Trump's Colombian Clash Could Boost China's Trade Appeal
President Donald Trump's trade tussle with Colombian President Gustavo Petro over repatriation flights could prove costly for the U.S. when it comes to building on economic relationships in Latin America, including by opening the door for China to capitalize.
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January 28, 2025
DC Judge Doubts Lawfulness Of USCIS EB-5 Guidance
A D.C. federal judge expressed deep skepticism Tuesday that U.S. Citizenship and Immigration Services acted lawfully when the agency shortened the minimum investment period for foreign investors seeking green cards, outlining plans to toss the rule or pause a lawsuit challenging it pending rulemaking.
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January 28, 2025
Fla. Bill Would Earmark $500M To Help Trump On Immigration
Just after rejecting Florida Gov. Ron DeSantis' request for a special session on immigration, state legislators on Monday opened their own special session and proposed the TRUMP Act, which would establish an Office of State Immigration Enforcement and would earmark $500 million to collaborate with the Trump administration on its immigration enforcement policies.
Expert Analysis
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Opinion
Dreamer Green Card Updates Offer Too Little For Too Few
Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.