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Immigration
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March 21, 2024
Schumer Urges Texas District To Adopt Judge-Shopping Rule
Senate Majority Leader Chuck Schumer on Thursday urged the chief judge of the Northern District of Texas to quickly implement the Judicial Conference of the United States' updated policy that looks to prevent litigants from judge shopping, arguing that the district's current practices are "dangerous."
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March 21, 2024
Mexico Slams Texas Migrant Law As State-Sanctioned Bias
The government of Mexico denounced Texas' law empowering state officials to arrest and deport immigrants, telling the Fifth Circuit on Thursday that allowing the law to take effect would result in "state-sanctioned acts of bias" against its citizens.
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March 21, 2024
Suit Fighting DC Law That Lets Noncitizens Vote Is Tossed
The District of Columbia Board of Elections escaped a lawsuit accusing it of infringing U.S. citizens' right to vote by allowing certain noncitizens to vote in local elections after a federal judge ruled that the plaintiffs failed to show that they'd been harmed.
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March 21, 2024
Rock Quarry's H-2B Bid Fails Over Qualification Requirement
The Board of Alien Labor Certification Appeals has affirmed that a Texas rock quarry's application for 10 rock splitters and quarry workers through the temporary H-2B foreign worker program was rightfully denied because the company's six-month experience requirement wasn't justified.
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March 21, 2024
Bus Co. Will Halt Immigrant Transport To NY During Litigation
Transportation company Roadrunner Charters will stop transporting immigrants from Texas to New York City during a lawsuit in which the city's Department of Social Services is trying to recoup $708 million for providing emergency services to the new arrivals.
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March 21, 2024
New Suit Aims To Block Immigration Fee Hikes
The Biden administration is facing a new lawsuit over its controversial immigration fee increases for employers, with an immigrant investor, an investors' advocacy group and a technology trade group alleging the administration failed to adequately justify the fee hikes.
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March 20, 2024
Feds Say Conflict Zones Irrelevant To Diversity Visa Process
The Biden administration countered a push from winners of the 2020 diversity visa lottery to speed up green card processing, telling a D.C. federal court that ongoing conflicts in the lottery winners' home countries — including Afghanistan, Ukraine and Sudan — have no bearing on their visa applications.
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March 20, 2024
Texas Struggles To Explain Arrest Law Specifics To 5th Circ.
Texas was scant on details as Fifth Circuit judges questioned how it would enforce its law authorizing the arrest and removal of immigrants, while pushing Wednesday for at least parts of the statute to go into immediate effect.
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March 20, 2024
NC Printing Co. Settles DOJ Citizenship Discrimination Claim
A North Carolina printing company has settled allegations leveled by the Justice Department that it unlawfully discriminated against a worker based on her citizenship status.
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March 20, 2024
Republican Bill Targets Colleges Hiring Unauthorized Workers
Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Schumer Scolds McConnell For Judge-Shopping Policy Rebuff
Senate Majority Leader Chuck Schumer on Tuesday lauded the Judicial Conference's updated policy on random case assignments to prevent litigants from judge-shopping, saying that Senate Minority Leader Mitch McConnell is pushing back against the policy since it'd make it tough for hard-right partisans "to hijack our courts for their purposes."
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March 19, 2024
Fishery Says DOL Stonewalling Discovery In H-2A Probe
The U.S. Department of Labor can't strategically walk away from discovery obligations in a suit accusing a Mississippi fishery of threatening to deport workers if they cooperate in a wage investigation, the fishery said, arguing it won't have a chance to properly defend itself.
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March 19, 2024
GEO Fights Wash. Bid For State Inspectors' Entry Into ICE Jail
GEO Group is pushing back against Washington state's request for a preliminary injunction forcing the private prison operator to let inspectors into a Tacoma-area immigrant detention facility, saying the suit is likely to flop, especially given a federal judge's recent decision to partially suspend the state law regulators have relied upon to get inside.
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March 19, 2024
Texas' Border Buoy Argument 'Flummoxes' Austin Judge
A Texas federal judge said Tuesday that he "can't imagine" Congress would agree with the state's position that a federal statute governing navigable waters doesn't authorize actions against Texas over its anti-migrant barrier, and suggested the case is likely headed for the U.S. Supreme Court.
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March 19, 2024
Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor
The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
Migrant Arrest Law On Hold Again Pending 5th Circ. Hearing
Texas' Senate Bill 4 authorizing immigrant deportations by state and local law enforcement is on ice again — just hours after the U.S. Supreme Court let it take effect, only to be followed by the Fifth Circuit restoring a hold on the law and scheduling a hearing for Wednesday morning.
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March 19, 2024
Justices Say Courts Can Review Immigration Hardship Denial
The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.
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March 19, 2024
High Court Won't Moot Suit Over Rescinded No-Fly Listing
The U.S. Supreme Court ruled Tuesday that the federal government cannot moot a challenge to an individual's placement on the federal no-fly list by removing the person from the list, in the absence of a definite declaration that the government will not return them to the list in the future.
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March 18, 2024
Attys Says Haitians Must Be Protected From Deportation
The White House must extend temporary protected status for Haitians currently living in the United States well before that protection expires in August due to spiraling violence in the Caribbean country, the American Immigration Lawyers Association has told the Biden administration.
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March 18, 2024
DHS To Test AI For Immigration Officer Training, Investigations
The U.S. Department of Homeland Security on Monday rolled out pilot projects to test the use of artificial intelligence this year, including one to train immigration officers, which the agency said could support more accurate immigration outcomes.
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March 18, 2024
Ex-Immigration Judges Say Mistake Warrants Asylum Redo
Dozens of former immigration judges pressed the First Circuit to grant a second shot at asylum for a Salvadoran woman fearing gang violence, saying an immigration judge had erred by not asking her if she belonged to an asylum-eligible community.
Expert Analysis
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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Immigration Considerations For Employers Planning Layoffs
Employers facing layoffs or wage reductions should take specific steps to identify immigration-related compliance obligations, reduce the impact on foreign national employees' status and protect the company's immigration and mobility program overall, say attorneys at Quarles & Brady.
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5 Tips For Adding Value To Legal Clients' Experience In 2023
Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.
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Wage Transparency Laws Create Labor Cert. Hurdles
A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.
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6 Ways To Avoid Compounding Errors When Practicing Law
For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.
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What Will Keep Legal Talent Professionals Up At Night In 2023
Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.
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The Most-Read Legal Industry Law360 Guest Articles Of 2022
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.
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What 3 Legal Industry Trends From 2022 Mean For Next Year
Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.
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Learning From This Year's Legal Industry Discrimination Suits
To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.
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Series
The Future Of Legal Ops: AI Has Important Role To Play
Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.
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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY
With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.
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Opinion
Increasing Law Firm Polarization Will Degrade Rule Of Law
As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.
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How To Deal With Difficult Clients, Practically And Ethically
Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.
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Opinion
Federal Courts Should Adopt Supreme Court's Amicus Stance
The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.
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Why NIL Policy Isn't A Game Changer For Int'l Students
While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.