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Immigration
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January 01, 2025
Key Immigration Cases To Watch In 2025
The immigration litigation landscape is set to shift in 2025, with immigrant rights groups gearing up to challenge President-elect Donald Trump's anticipated policies, while his administration is expected to abandon challenges to Republican states' immigration enforcement laws.
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January 01, 2025
Top 5 Immigration Policy Issues To Watch In 2025
Immigration attorneys are bracing for major changes under the incoming White House, including President-elect Donald Trump's promise of mass deportations, restrictions on employment-based visas and a rollback of Biden administration policies. Here, Law360 looks at essential immigration policies that could dominate in 2025.
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January 01, 2025
Trump's Regulatory Agenda Looms Over Compliance In 2025
The world of financial regulatory compliance will be keeping an eye on how Donald Trump's return to the White House will live up to his campaign promises of deregulation, new tariffs and more in the new year, while preparing for the end of various Biden administration priorities.
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December 23, 2024
House Report Says Gaetz Paid For Sex, Accepted Gifts
Former U.S. Rep. Matt Gaetz regularly paid women for sex, including with one 17-year-old girl, used illicit drugs and accepted a trip to the Bahamas in excess of permissible gift amounts, according to a report released Monday morning by the U.S. House of Representatives Committee on Ethics.
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December 20, 2024
High Court Bar's Future: Williams & Connolly's Sarah Harris
Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.
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December 20, 2024
The Top Cases Of 2024 In Texas: Year In Review
Texas closed out the year with blockbuster rulings on social media companies’ use of biometric data and the U.S. Securities and Exchange Commission’s expanded definition of a dealer. Here are the biggest decisions out of Texas that topped Law360’s radar this year.
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December 20, 2024
USCIS Pressed To Unveil How It Uses AI In Asylum Cases
Refugees International fired off a lawsuit in D.C. federal court on Friday to pry loose records from U.S. Citizenship and Immigration Services about its use of artificial intelligence to process asylum applications, saying the agency has stonewalled its request for nearly two years.
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December 20, 2024
The Biggest Immigration Policies Of 2024: Year In Review
The Biden administration implemented some of the harshest and most heavily criticized asylum restrictions yet in 2024 but also implemented measures to revamp temporary foreign worker programs and expand avenues for immigrants to change their status. Here, Law360 looks back at four of the biggest immigration policy developments of the year.
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December 20, 2024
'Dreamers' Urge 8th Circ. To Uphold Health Coverage Rule
Recipients of Deferred Action for Childhood Arrivals have urged the Eighth Circuit to pause a district court order halting a Biden administration regulation qualifying them for Affordable Care Act coverage, saying the lower court relied on "strained speculation" to find standing.
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December 20, 2024
Jackson Lewis Immigration Ace Jumps To Dickinson Wright
A former equity partner at Jackson Lewis PC with experience in complex immigration matters has joined Dickinson Wright PLLC's Austin, Texas, office as an of counsel.
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December 20, 2024
Chicago Attorney Indicted On Immigration Fraud Charges
A federal grand jury in Illinois has indicted a Chicago attorney on charges he conspired to file fraudulent employment documents on behalf of nurses from the Philippines in an effort to obtain work visas for them to live and work in the United States.
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December 19, 2024
DOJ Targets Groups' Standing In Asylum Limits Fight
The U.S. Department of Justice told a federal judge immigrant rights groups don't have standing to challenge asylum restrictions enacted for the southern border based on claims that they prevent the groups from serving asylum seekers.
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December 19, 2024
4th Circ. Says Temporary BIA Judges Can Be Reappointed
Judges can be temporarily appointed to the Board of Immigration Appeals for a term "not to exceed six months," but they can also be reappointed as many times as the attorney general sees fit, the Fourth Circuit has ruled in a case that challenges the seating of such a judge.
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December 19, 2024
Visa Sponsorship Form Needs Clarity, Ombudsman Says
A U.S. Citizenship and Immigration Services watchdog is urging the agency to revise a form used to sponsor noncitizen relatives, saying it has caused confusion and imposed extra costs and delays on people trying to reunite with family members.
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December 19, 2024
3rd Circ. Says Loan Shark, Robbery Not Enough For Asylum
The Third Circuit ruled against a Brazilian family seeking asylum following threats from a loan shark and a home invasion, saying that their status as crime victims and debtors does not constitute a particular social group eligible for asylum.
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December 19, 2024
The Top 5 Immigration Cases Of 2024: Year In Review
The Biden administration settled several lawsuits over family separations that happened under the Trump-era zero tolerance policy and persuaded courts that three state immigration laws infringe on federal authority over immigration enforcement. Here, Law360 looks back at five significant litigation developments in 2024 that bear on immigration policy.
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December 18, 2024
NYC Agrees To Pay Immigrants $92.5M In Overdetention Suit
A New York state court Wednesday gave the initial OK to New York City's agreement to pay a class of over 20,000 individuals up to $92.5 million to resolve decadelong allegations the city unlawfully detained immigrants for days or weeks longer than allowed under U.S. Immigration and Customs Enforcement detainers.
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December 18, 2024
High Court Bar's Future: McDermott's Paul Hughes
Paul W. Hughes of McDermott Will & Emery LLP knows U.S. Supreme Court oral arguments are unpredictable — you can end up as the butt of a justice's joke or have the whole bench fully embrace your novel legal theory — so he focuses on what he can control: being overprepared for any version of the court he meets.
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December 18, 2024
DHS Pushes Through Rule To Hasten Some Removals
A new U.S. Department of Homeland Security regulation will allow asylum officers to quickly decide if migrants are barred from asylum because of national security or public safety concerns, paving the way for swift removals of those individuals.
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December 18, 2024
DOJ Wants Misconduct Allegations Hushed In Used Car Case
The U.S. Department of Justice wants to bar defendants accused of violently controlling the cross-border transport of American used cars into Central America from raising accusations of misconduct by nonwitness law enforcement officers to the jury without prior approval from the Texas federal judge overseeing the case.
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December 18, 2024
Colo. Judge Tosses County Challenge To State Sanctuary Law
A Colorado judge has dismissed six counties' challenge against two state laws limiting local cooperation with federal immigration enforcement, ruling the limits were well within the Legislature's power and that the counties lack standing to sue under the state and federal constitutions.
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December 18, 2024
Texas Says Border Wall Panel Sales May Violate Injunction
Missouri and Texas asked a federal judge to probe whether the Biden administration is violating an order to use $1.4 billion of congressional funds to build the southern border wall, pointing to media reports that wall materials are being sold off.
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December 18, 2024
1st Circ. Says It Can't Review Revoked Visa Petition
The First Circuit said it lacks the authority to review U.S. Citizenship and Immigration Services' decision to revoke a Brazilian woman's I-140 permanent resident petition after discovering she never worked as a physiotherapist like she claimed.
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December 17, 2024
Union Says DOL's H2-A Contracts Defy Court Order
A farmworkers union told a Washington federal judge Monday that the U.S. Department of Labor is violating a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.
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December 17, 2024
Family Separation Was Deliberate And Calculated, Report Says
Human Rights Watch said in a new report that as many as 1,360 children were never reunited with their parents after the Trump administration introduced a zero-tolerance policy that led to a deliberate increase in family separation at the Southern border.
Expert Analysis
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Immigration Atty Tips For Avoiding Prosecution Under Trump
Under the incoming Trump administration, immigration attorneys may need to protect themselves from prosecution when advising clients who may not qualify for relief sought by choosing their words carefully and keeping other key factors in mind, says Michele Carney at Carney & Marchi.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.