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Immigration
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January 09, 2025
Trump's Return Brings 'Deeper Anxiety' To DOJ Fraud Attys
White collar practitioners say they've heard from U.S. Department of Justice attorneys who are anxiously bracing for the possibility of working with fewer resources while confined to narrower enforcement priorities after Donald Trump returns to the Oval Office.
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January 09, 2025
BakerHostetler Adds 3 Attys In DC, Chicago Offices
A trio of attorneys have moved to BakerHostetler, two of whom work with immigration-related labor and employment matters in Chicago, and another based in the nation's capital, who focuses on trademark and copyrighted intellectual property matters, the firm announced Wednesday.
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January 08, 2025
Unraveling Misconceptions About The H-1B Visa Program
Elon Musk and Vivek Ramaswamy recently defended the H-1B visa program for skilled foreign workers, sparking a fierce debate that has stirred up misconceptions that the program largely supplies cheap indentured labor and displaces American tech workers. Here, Law360 untangles some of those misconceptions.
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January 08, 2025
GAO Backs DHS Picking Low Bidder For $107M Support Deal
A federal watchdog swatted down a company's challenge of a $107 million task order that the U.S. Department of Homeland Security issued to another business, rejecting arguments that the government failed to fairly evaluate its own proposal.
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January 08, 2025
ACLU Launches Media Campaign To Amplify Immigrant Voices
The American Civil Liberties Union announced Wednesday that it is kicking off a new "Letters to America" multimedia campaign to amplify the voices of immigrants and asylum seekers speaking about their experiences traveling across the U.S.-Mexico border as the nation prepares itself for the second Trump administration's sweeping deportation plans.
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January 08, 2025
Feds Fight Bid To Extend Detention Conditions Settlement
The U.S. government urged a California federal judge to let a settlement governing its custody of detained immigrant children to expire at the end of January and reject human rights groups' bid to extend it.
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January 08, 2025
DOL Searching For SC Farm Workers Owed $132K In Wages
The U.S. Department of Labor is trying to restore $132,000 to more than 600 temporary agricultural workers for a South Carolina company who had money illegally deducted from their wages for cleaning fees and political donations.
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January 07, 2025
Federal Agencies Hit With FOIA Suits Over Immigration Records
A Charleston, South Carolina-based immigration attorney and a legal services company he helped found hit the U.S. government with a pair of Freedom of Information Act suits claiming it has routinely failed to respond to their requests for immigration-related information in a timely manner.
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January 07, 2025
9th Circ. To Let Feds Argue In Wash. ICE Inspection Law Fight
The Ninth Circuit has said the U.S. government can participate in oral arguments over a blocked Washington law that allowed the state to inspect conditions at a privately-run immigration detention facility in Tacoma.
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January 07, 2025
Most Recent Detainees In ICE Custody Lack Criminal Record
U.S. Immigration and Customs Enforcement detained 39,152 individuals as of late December, with over half of those detainees lacking any criminal record, and a fifth of the population are held in detention facilities in Mississippi, Texas, Georgia, Louisiana and California, a Syracuse University data research group said Tuesday.
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January 07, 2025
DHS Releases 'Playbook' For AI Public Sector Deployment
The U.S. Department of Homeland Security released a framework on Tuesday for what it referred to as the "reasonable adoption" of generative artificial intelligence technologies based on lessons learned from the agency's various pilot programs.
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January 07, 2025
House Passes Migrant Detention Bill, Senate Next
The House voted 264-159 on Tuesday on a bill to allow U.S. Immigration and Customs Enforcement to take into custody undocumented immigrants accused of theft, which the Senate is expected to take up later this week.
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January 06, 2025
Wash. Labor Dept. Escapes Union's Farm Wage Challenge
A Washington federal judge on Monday cut the state's employment agency loose from a union challenge to policies that have allegedly depressed farmworker wages, saying the U.S. Department of Labor is the only proper defendant in the litigation.
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January 06, 2025
Cos. Accused Of Misusing EB-5 Investor Funds
More than $80 million in EB-5 investor funds that were intended for a Brooklyn real estate project were misused to purchase shares in a related company, a suit claimed in New York federal court.
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January 06, 2025
DOD Tells DC Circ. It's Pondering New Time-In-Service Regs
The U.S. Department of Defense told the D.C. Circuit that litigation over its scrapped time-in-service requirements for immigrant soldiers to be eligible for naturalization is not moot, because it may issue new requirements — an assertion that soldiers who successfully challenged the policy panned.
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January 06, 2025
DOJ Backs Later 30-Day Window For Removal Appeals
The federal government told the U.S. Supreme Court that a 30-day deadline for noncitizens to challenge removal orders only applies for purposes of judicial review when proceedings in lower tribunals conclude, not when the initial removal orders are issued.
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January 06, 2025
7th Circ. Denies Polish Migrant's Removal Appeal Over DUI
A Seventh Circuit panel unanimously rejected a Polish national's attempt to change her immigration status to that of a permanent resident following a 2005 aggravated DUI conviction, saying the Immigration and Nationality Act strips it from reviewing such discretionary determinations.
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January 06, 2025
Chinese Billionaire's Deputy Gets 10 Years For $1.4B Fraud
A Manhattan federal judge sentenced a Chinese business manager to 10 years in prison Monday for her role assisting convicted billionaire Miles Guo's $1.4 billion fraud, saying the lawbreaking was egregious because it leveraged talk of bringing democracy to authoritarian China.
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January 03, 2025
Semiconductor Co. Can't Secure H-2B Visa Certification
A U.S. Department of Labor appeals board has upheld the denial of a semiconductor equipment manufacturer's application for temporary employment certification for 10 engineers, saying the company failed to show that the job opportunity is in fact temporary.
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January 03, 2025
9th Circ. Judge Says Asylum Seekers Can Use Appeals To Stall
A Ninth Circuit judge has called to overturn a 20-year precedent that he said allows people to game their immigration appeals for more time in the country, after a divided panel affirmed the denial of a Ukrainian man's asylum bid.
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January 03, 2025
PayPal's Minority Program Biased Against Asians, Suit Says
A lawsuit filed in New York federal court alleges that PayPal's $535 million investment program for Black- and minority-led businesses is racially biased against Asian Americans and violates federal civil rights laws.
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January 03, 2025
Migrant Aid Co., Ex-Worker Settle Race Bias Suit
A company that provides services to unaccompanied migrant children reached a settlement in Texas federal court resolving a Black former employee's claims she endured racist comments before being demoted and ultimately fired.
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January 02, 2025
3rd Circ. Again Remands Honduran Woman's Removal Order
The Third Circuit on Thursday again remanded a Honduran woman's removal order challenge back to the Board of Immigration Appeals, saying the agency made mistakes when considering whether she rebutted a presumption that an immigration hearing notice was delivered to her.
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January 02, 2025
Rep. Jordan Picks Wis. Lawmaker For House Antitrust Panel
Republicans are moving to install a frequent critic of President Joe Biden's Federal Trade Commission at the head of the House of Representatives' antitrust subcommittee, naming Rep. Scott Fitzgerald, R-Wis., to the post Tuesday.
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January 02, 2025
Hogan Lovells Gets $1.25M Afghanistan Award OK'd
Hogan Lovells won enforcement on Thursday of a $1.25 million arbitral award it won against Afghanistan over its representation of the country in various legal matters, an award that the new Taliban-led government has ignored for two years.
Expert Analysis
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This Earth Day, Consider How Your Firm Can Go Greener
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.
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Practicing Law With Parkinson's Disease
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.
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Series
Playing Hockey Makes Me A Better Lawyer
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.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
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.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
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.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
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.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
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.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
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.
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Fears About The End Of Chevron Deference Are Overblown
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.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
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.
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Stay Interviews Are Key To Retaining Legal Talent
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.
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Opinion
Expanded Detention Will Not Solve Immigration Challenges
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.
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Series
Spray Painting Makes Me A Better Lawyer
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.
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Opinion
Judicial Independence Is Imperative This Election Year
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.
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How Harsher Penalties For AI Crimes May Work In Practice
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.