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Immigration
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November 15, 2024
HHS Likely To Limit Migrant Data After Flores Deal Ends
A California federal judge indicated Friday that she can't force the U.S. Department of Health and Human Services to provide human rights groups with regular data about children in low-security detention facilities now that the long-running Flores settlement has been replaced with a government regulation.
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November 15, 2024
DOL Floats New Restrictions On H-2B Employer Wage Surveys
The U.S. Department of Labor on Friday proposed a rule to further limit employers' use of privately commissioned wage surveys when seeking to hire temporary foreign workers through the H-2B visa program.
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November 15, 2024
Feds Say 'One' DACA Kid Not Enough To Sue Over Health Reg
The Biden administration slammed North Dakota's attempt to show financial suffering from a federal rule granting health coverage to DACA recipients, saying that the state pointing to "one" unidentified DACA individual isn't enough to establish standing for a lawsuit.
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November 15, 2024
Now 'Back To Stability,' Mass. US Atty Office Set To Ramp Up
The incoming Trump administration's pick for Massachusetts U.S. attorney has a chance to revive the productivity of an office known for bringing complex and often high-profile cases, veterans of the district say, but new leadership and priorities at the Justice Department leave looming uncertainties.
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November 15, 2024
Texas Judge Asked To Bar Biden Policies, Restart Border Wall
Texas counties and a rancher urged a Lone Star State federal judge Thursday to preliminarily block Biden administration immigration policies they allege run afoul of Congress' goal to have "zero illegal entries" at the U.S.-Mexico border and require the federal government to resume building a wall along the border.
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November 14, 2024
Ex-DC Homeland Security Official Cops To $844K PPP Scam
A former D.C. Homeland Security commissioner on Thursday pled guilty to a scheme in which prosecutors say she fraudulently secured about $844,000 in Paycheck Protection Program funds, according to a plea agreement filed in District of Columbia federal court.
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November 14, 2024
DHS, ICE Accused Of Not Making Detainee Records Available
The U.S. Department of Homeland Security's withholding of documents used to assess the treatment of individuals in immigration custody is frustrating the University of Washington's "legislatively mandated mission" of expanding human rights education, the university alleged Wednesday in Washington federal court.
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November 14, 2024
Legal Aid Groups Accuse NYC Of Payment Delays
The nonprofits that provide legal aid to low-income tenants and immigrants in New York City say that due to city delays, they haven't been able to submit invoices for five months, threatening the groups' ability to pay workers and continue operating.
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November 14, 2024
Biden's Final Options To Fortify Immigration System
The incoming Trump administration, poised to cull legal immigration programs, has immigration advocates hoping President Joe Biden will act quickly to extend work permits, firm up proposed changes to the H-1B visa program, and otherwise fortify the system against future changes.
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November 14, 2024
Would-Be Citizens Need Only Show Lawful Admission Once
U.S. Citizenship and Immigration Services issued new policy guidance on Thursday indicating that individuals applying to become citizens only need to show that they were lawfully admitted for permanent residence upon their initial entry, regardless of any subsequent reentries.
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November 14, 2024
Gaetz's Slim Legal Resume Raises Concerns Over AG Role
Having never served as a prosecutor and with minimal experience practicing law, Matt Gaetz would have the thinnest legal resume of any attorney general in recent history and would face a steep learning curve, including daunting leadership challenges, if he were to take up the reins of the U.S. Department of Justice, experts say.
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November 14, 2024
9th Circ. Says Immigration Board Flubbed Priest's Asylum Bid
The Ninth Circuit revived a Salvadoran priest's asylum bid, ruling that the Board of Immigration Appeals overlooked the connection between his alleged persecution and his refusal to use his influence as a church leader to support a major political party's agenda.
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November 13, 2024
Transport Co. Wants To End Calif. Family Separation Suit
Transportation services provider MVM Inc. urged a California federal judge to toss a proposed class action by a father and son who were separated after crossing the border, arguing Tuesday the Trump-era separation policy was enacted by the U.S. government, and that MVM was simply executing its contractual duties.
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November 13, 2024
Ranches Say Renewed Wage Suppression Suit Still Deficient
The Western Range Association asked a Nevada federal judge to dismiss a revised suit from a sheepherder alleging he was kept in "indentured servitude," arguing that it and its members are a common enterprise incapable of conspiring to fix wages.
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November 13, 2024
Mass. AG Ready To Reprise Office's Role As Trump Foil
Taking a page from her predecessor's book, Massachusetts Attorney General Andrea Joy Campbell told Law360 she is hoping to work with the incoming Trump administration, but the Democrat said she is nevertheless prepared to use her office's "significant tools and power" to challenge actions she feels are at odds with her constituents' interests.
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November 13, 2024
Trump Taps DOJ Critic Matt Gaetz For Attorney General
President-elect Donald Trump on Wednesday nominated Rep. Matt Gaetz to be the next U.S. attorney general, seeking to elevate a close political ally to lead a Justice Department that the Florida lawmaker has sharply criticized and that last year declined to charge him in a sex-trafficking investigation.
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November 13, 2024
New Medical Exams No Longer Needed For Afghan Allies
U.S. Citizenship and Immigration Services said Wednesday that Afghans who arrived as part of Operation Allies Welcome won't need to get new medical exams when they apply for their green cards.
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November 13, 2024
Gibson Dunn 'Titan,' Ex-Solicitor General Theodore Olson Dies
Theodore B. Olson, the founder of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group and a former U.S. solicitor general, died Wednesday, the law firm announced.
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November 12, 2024
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.
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November 12, 2024
Trump Gathers Nat'l Security Team For Border, Defense Roles
President-elect Donald Trump has chosen a slate of loyalists with hawkish approaches toward foreign policy and securing the U.S. border, creating a team of ideologically aligned officials as he seeks to ramp up deportations and end the war in Ukraine. Law360 takes a look at seven of his national security picks and the impact they will have on defense, immigration and foreign relations with rival nations.
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November 12, 2024
Trump Ally Bannon Seeks Delay Of 'We Build The Wall' Trial
Former Trump administration strategist Stephen Bannon on Tuesday sought to delay his criminal trial on New York state charges stemming from an alleged scheme to con donors seeking to fund a southern U.S. border wall, two weeks after he wrapped up his federal prison sentence for contempt of Congress.
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November 12, 2024
Gorsuch Says Feds Fleeing Regs Like Vampire Facing Garlic
U.S. Supreme Court justices on Tuesday rapped the Biden administration's inflexibility on a 60-day deadline for individuals on a self-deportation order, with Justice Neil Gorsuch saying the government is trying to ditch its own regulations like a vampire escaping garlic.
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November 12, 2024
Wash. Labor Dept. Wants Out Of Union's Farm Wage Claims
The Washington Employment Security Department wants to escape a farmworker union's Administrative Procedure Act challenge to the U.S. Department of Labor's prevailing wage rules in federal court, saying that the law isn't applicable to state agencies.
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November 12, 2024
2nd Circ. Wary Of Ex-Yale Student's Bid For Asylum Evidence
A Second Circuit panel on Tuesday seemed skeptical of an emergency bid by an acquitted onetime Yale University student to transmit a trial transcript containing his sexual assault accuser's name to immigration authorities despite a magistrate judge's ban on revealing the woman's identity, hinting that more litigation might be necessary.
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November 12, 2024
Trump's 'Pro-Business' Agenda Could Be A Boon For M&A
President-elect Donald Trump's "pro-business" priorities and an anticipated relaxation of antitrust scrutiny are expected to boost mergers and acquisitions activity, but his tariff plan may have mixed results across sectors — and select deals could be subject to his "unpredictability," attorneys told Law360.
Expert Analysis
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.