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Immigration
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December 04, 2024
Heritage Foundation Pitches More Immigration Curbs
The Heritage Foundation has issued dozens of policy recommendations for the incoming Trump administration, including due process limitations for migrants, an end to birthright citizenship and empowering judges to more quickly dismiss immigration claims.
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December 04, 2024
NY Judge Says ICE Must Open Files Over 'No Release' Policy
A New York federal judge has ordered the U.S. government to produce files on eight noncitizens that the New York Civil Liberties Union says show the government is breaking its promise to stop preventing people suspected of civil immigration offenses from posting bail.
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December 04, 2024
Feds Say 5th Circ. Ruling Can't Save Iowa's Immigration Law
The Biden administration told the Eighth Circuit on Wednesday that a recent Fifth Circuit decision barring federal border agents from removing Texas' wire barriers has no relevance to its challenge to Iowa's law criminalizing the presence of previously deported noncitizens.
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
Texas Continues Fighting Public Charge Definition In 5th Circ.
Texas is appealing a federal judge's ruling that it can't challenge the Biden administration's reversal of a Trump-era immigration wealth test, even though the U.S. Supreme Court previously passed on an earlier bid by the state to revive the policy.
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December 03, 2024
Iowa Says 5th Circ. Decision Supports State Immigration Law
Iowa's attorney general told the Eighth Circuit that the Fifth Circuit's recent decision barring federal agents from interfering with barriers Texas erected at the Southern border bolsters Iowa's defense of its law criminalizing the presence of previously deported noncitizens.
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December 03, 2024
ICE Contractor Workers Are Guards Who Can't Vote On Union
Some employees of a U.S. Immigration and Customs Enforcement contractor who transport migrants on the Texas-Mexico border can't vote on Teamsters representation, a National Labor Relations Board official concluded, saying the workers cannot be in the same union as nonguards under federal labor law.
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December 03, 2024
Tax, Insurance Cos. Owner Gets 3 Years For $1M Tax Evasion
The owner of a tax business who also ran an insurance company the government says provided fraudulent vehicle registrations for unauthorized immigrants was sentenced to three years in prison for failing to pay more than $1 million in taxes, federal authorities in North Carolina announced Tuesday.
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December 02, 2024
Newsom Wants $25M For Expected Legal Fights With Trump
California Gov. Gavin Newsom announced Monday that he wants up to $25 million for litigation and legal fights he foresees with the administration of President-elect Donald Trump, kicking off the first day of a special session the state Legislature held at the governor's request after Trump's win.
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December 02, 2024
Mich. Justices To Mull Immigrant Org.'s Workers' Comp Fight
The Michigan Supreme Court said Monday it would review whether a one-year filing deadline bars an immigrant legal aid organization from forcing the state to stop denying workers' compensation benefits based on immigration status.
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December 02, 2024
Mexico Says Okla. Immigration Law Would Weaken Diplomacy
Mexico has told the Tenth Circuit that it would be forced to expend diplomatic and consular resources to deal with the fallout of an Oklahoma law barring unauthorized immigrants from residing in the state if it was allowed to take effect.
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December 02, 2024
Wash. Airport Deportation Ban Unconstitutional, 9th Circ. Says
Ninth Circuit judges have determined that a Washington county's ban on deportation flights departing from a Seattle-area airport was an unconstitutional interference with federal government operations, as well as a breach of a World War II-era agreement.
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December 02, 2024
5th Circ. Bars Feds From Messing With Texas' Wire Barriers
A split Fifth Circuit panel said federal agents can't interfere with concertina razor wire barriers Texas erected to deter illegal border crossings, ruling that the federal government isn't immune from Texas' state law claims for trespass and conversion.
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December 02, 2024
EB-5 Visa Scam Suit Against Fla. Immigration Atty Ends
A Florida federal judge on Monday dismissed with prejudice a lawsuit against an immigration attorney over a $500,000 visa scam after the two parties filed a stipulation of dismissal.
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November 27, 2024
Arkansas Can't Bring Suit Against Crypto Miner For Now
An Arkansas federal judge has temporarily barred state officials from taking action against a Chinese-born U.S. citizen's crypto mining operation after he challenged the investigation against him and the laws underpinning it as discriminatory and unconstitutional.
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November 27, 2024
Biden Administration Adds 65K Additional H-2B Work Visas
The Biden administration announced Wednesday that it has created a temporary rule to add 64,716 additional temporary H-2B work visas for the third year in a row to be doled out to businesses struggling with staffing issues.
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November 27, 2024
Better, Faster, Stranger: What Attys Think Of Our AI Future
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
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November 27, 2024
4th Circ. Rejects Asylum Bid By Son Of Ex-Guinean Politician
The Fourth Circuit on Wednesday rejected a petition to halt the removal of the son of a former prominent political figure in the Republic of Guinea, ruling the Board of Immigration Appeals was right in finding he failed to prove a likelihood of torture if he returned to his home country.
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November 26, 2024
Trailer Maker Inks DOJ Deal Over Noncitizen Employment Bias
Trailer manufacturer Great Dane LLC agreed to pay $436,000 to resolve allegations that one of its Nebraska plants discriminated against non-U.S. citizens during the hiring process, the U.S. Department of Justice announced Monday, releasing new guidance about lawful permanent residents' employment rights.
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November 26, 2024
Biden Urged To Dismantle 'Deportation Machine' Pre-Trump
A coalition of immigration-focused health and legal services providers, advocacy organizations, labor unions, faith communities and others in Pennsylvania released a to-do list for the Biden administration on Tuesday urging "dismantling the deportation machine" as much as possible before President-elect Donald Trump's return to office.
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November 26, 2024
Ukrainian Man Admits To $25M Staffing, Tax Scheme
A Ukrainian man who was recently extradited to the U.S. to face charges that he helped illegally employ immigrants in Florida hotels pled guilty to tax crimes that prosecutors say caused $25 million in tax losses, according to Florida federal court filings.
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November 26, 2024
Miss. Judge Stays DOL's H-2A Protections Nationwide
A Mississippi federal judge issued a nationwide stay of amendments to a U.S. Department of Labor rule providing protections for H-2A migrant farmworkers who take part in organizing, finding federal immigration law doesn't give DOL the authority to give these workers the right to act collectively.
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November 26, 2024
Calif. Judge Says Flores Reporting Requirements Still In Effect
A California federal judge said the government must resume reporting data on migrant children being held in heightened supervision facilities to human rights groups under the 1997 Flores settlement, saying the Office of Refugee Resettlement should not have ceased doing so.
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November 26, 2024
DHS Eases Work Restrictions For Lebanese F-1 Visa Students
The U.S. Department of Homeland Security said Tuesday that it will temporarily remove some regulatory requirements for obtaining work visas for Lebanese students, responding to the ongoing violence between Hezbollah and the Israeli military in southern Lebanon.
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November 25, 2024
Gov't Defends EB-5 Rule That Hikes Up Petition Fees
The U.S. Department of Homeland Security and its U.S. Citizenship and Immigration Services agency pushed for an early win in Texas federal court against a suit challenging increases for filing fees for petitions related to USCIS' EB-5 immigrant investor program.
Expert Analysis
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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What Attorneys Need To Know About H-1B Lottery Changes
The newly revamped H-1B lottery process opened Wednesday and promises to bring more fairness to securing highly competitive slots, giving more companies a chance to access highly skilled workers, say Renée Mueller Steinle and Elizabeth Chatham at Stinson.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.