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Immigration
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April 23, 2024
HHS Formalizes Flores Protections For Immigrating Minors
The U.S. Department of Health and Human Services will increase oversight of the treatment of children in immigration custody and fund the minors' legal costs, according to a final regulation released Tuesday that adopts congressional recommendations and the bedrock Flores agreement.
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April 23, 2024
10th Circ. Backs Mexican Woman's Appeal Of Asylum Denial
The Tenth Circuit on Tuesday revived the asylum bid of a woman who based her fear of returning to Mexico on her cousin's murder, saying the woman had challenged an immigration judge's ruling properly before the Board of Immigration Appeals.
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April 23, 2024
Justices' Doubts May Undo 9th Circ. On Spousal Visa Rights
The right wing of the U.S. Supreme Court appeared skeptical on Tuesday that a U.S. citizen can challenge her Salvadoran husband's visa denial, but seemed disinclined to rule that she has no constitutional rights in the process either.
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April 23, 2024
Judge Overturns Biz's H-2B Ban, Blaming 'Gaslighting' Atty
A U.S. Department of Labor administrative law judge overturned a decision to debar a Minnesota concessions stand company from the H-2B visa program over its failure to pay back wages and penalties, saying the small business's owner had only followed his attorney's advice — right into a legal disaster.
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April 23, 2024
Migrant-Hiring Crimes And Tax Evasion Get Pair Prison, $1.8M Fine
A Florida federal judge has ordered two men to pay $1.8 million to the U.S. government and sentenced them to three years in prison after they confessed to recruiting migrants without employment authorization and failing to report workers' wages for tax purposes.
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April 22, 2024
Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan
Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.
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April 22, 2024
Congress Urged To Fund Attys For Immigrants In Removal
A coalition of more than 100 immigrant rights groups and several local governments urged congressional appropriators on Monday to allocate funds next fiscal year to increase legal representation for individuals in removal proceedings to protect their due process rights.
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April 22, 2024
Justices Reject Asylum Quest Of Man Caught In Transit Ban
The U.S. Supreme Court turned down a Salvadoran man's petition to look at a Ninth Circuit decision that said the judiciary can't review expedited removal decisions from the executive branch, even though courts had found the Trump administration policy authorizing the man's removal to be unlawful.
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April 22, 2024
DC Judge Backs Feds' Power To Sanction Ex-Afghan Officials
A D.C. federal judge shaved down a lawsuit challenging U.S. financial and immigration sanctions against two former Afghan lawmakers, stressing that the executive branch has sweeping authority to issue sanctions on individuals it finds to be corrupt.
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April 22, 2024
Immigration Orgs Fight Feds' Bid To Win Fee Hikes Dispute
Nonprofit legal service providers fired back Friday against the federal government's bid to defeat the groups' lawsuit challenging Trump-era increases to immigration court fees, arguing that the government's final rule, which could raise certain fees by 700%, is arbitrary, capricious and unlawful.
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April 19, 2024
Feds Say Texas' Reliance On Justices In SB 4 Case Is Misplaced
The U.S. Department of Justice told the Fifth Circuit on Friday that contrary to Texas' contention, two recent U.S. Supreme Court decisions don't knock down a district court injunction stopping Texas officials from arresting and deporting migrants suspected of crossing the border without authorization.
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April 19, 2024
Wrongful Detention Suit Illustrates Pitfalls Of ICE Lockups
A Salvadoran woman's recent lawsuit alleging immigration authorities locked her up for months despite her protected status highlights how authorized immigrants, and sometimes even U.S. citizens, can wind up being wrongfully detained, and how, with no right to counsel in immigration proceedings, it can prove difficult to free them.
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April 19, 2024
Up Next At High Court: Abortions & Presidential Immunity
The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.
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April 19, 2024
Fla. Can't Wage Real Estate War On Foreigners, 11th Circ. Told
A group of Chinese citizens and a brokerage firm urged the Eleventh Circuit on Friday to block Florida from enforcing a law prohibiting certain foreign nationals from owning land while they challenge the statute's constitutionality, saying it's discriminatory and preempted by federal authority.
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April 19, 2024
Staffing Co. Can't Escape Bar On Task Order Protests
A staffing firm can't escape the "gravitational field" of a rule restricting the U.S. Court of Federal Claims' authority to review task orders, a judge has said, ditching its challenge to being disqualified from orders reserved for women-owned small businesses.
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April 18, 2024
Texas Says Justices' Takings Decision Saves Its Arrest Law
Texas has pointed the Fifth Circuit to a recent U.S. Supreme Court decision, arguing that it supports the state's bid to undo a district court injunction blocking state officials from arresting and deporting immigrants suspected of crossing the border unlawfully.
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April 18, 2024
BNP Paribas Can't Escape Suit Over Sudan's Rights Abuses
A New York federal judge on Thursday largely denied BNP Paribas SA's request for an early win in a lawsuit accusing it of funding the former Sudan government's human rights violations, saying the Sudanese refugee plaintiffs have pointed to a "multitude of proofs" showing the bank's "conscious assistance" and knowledge of Sudan' genocidal acts.
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April 18, 2024
Weather Data Dooms Co.'s H-2B Visa Bid For Warm Months
A U.S. Department of Labor judge rejected a concrete company's efforts to hire seasonal workers from spring to fall, pointing out that its weather data undermined claims that it was seeking workers during warm-weather months favorable to concrete work.
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April 18, 2024
Feds Say Texas' Asylum Fight Must Go After La. Suit Got Axed
The Biden administration told a Texas federal judge Wednesday that the Lone Star state's lawsuit challenging a Biden administration rule broadening immigration officers' power to expedite asylum applications must be tossed in light of a recent decision in Louisiana throwing out nearly identical claims lodged by 19 Republican-led states.
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April 18, 2024
DHS Watchdog Finds Use Of Force Issues In Fla. ICE Facility
Officers at a U.S. Immigration and Customs Enforcement detention facility in Miami used inappropriate force on detainees, including pepper-spraying a harmless and isolated individual through a slot in a cell door, according to a government watchdog report.
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April 18, 2024
Immigrant Sues USCIS Over Denial Of I-130 Bids For Children
A naturalized U.S. citizen sued the U.S. Citizenship and Immigration Services on Wednesday, demanding the agency reverse a decision that she said improperly denied her I-130 petitions for permanent residency for her four children.
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April 17, 2024
Salvadoran Deported By Mistake Ends Suit Over Injuries Abroad
A Salvadoran man who was wrongly deported by U.S. Immigration and Customs Enforcement has ended his suit over the abuse he suffered in a Salvadoran prison, after reaching a settlement with the federal government, according to Massachusetts federal court documents.
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April 17, 2024
Lack Of Standing Sinks GOP States' Asylum Policy Challenge
A Louisiana federal judge dismissed Republican-led states' lawsuit attacking a Biden administration rule that facilitates the quick adjudication of asylum applications at the border, saying the states failed to link an alleged increase in asylees to increased public benefit costs.
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April 17, 2024
Senate Dems Make Short Work Of Mayorkas Impeachment
Senate Democrats on Wednesday followed through on a promise to quickly dismiss articles of impeachment against U.S. Department of Homeland Security Secretary Alejandro Mayorkas, sidestepping a trial despite Republican opposition and attempts to postpone the proceedings.
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April 17, 2024
WashU Medical School Settles Claims Of Asylee Bias, Firing
The Washington University School of Medicine in St. Louis has settled claims that it fired a worker who complained that he was being forced to prove he held asylum, according to the U.S. Department of Justice.
Expert Analysis
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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New Foreign Labor Certification Form Brings Complications
Ambiguities in a question on the Office of Foreign Labor Certification's new application for permanent employment certification could serve as a trap for attorneys and sponsoring employers, as it's unclear how it will be interpreted by both the OFLC and the U.S. Citizenship and Immigration Services, says Michael Morton at Fakhoury Global.
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Ensuring I-9 Compliance As Remote Flexibility Sunsets
Employers that took advantage of remote document inspection in their I-9 employment eligibility verification processes under COVID-19 accommodations must physically reinspect such documents and make other adjustments to bring their records into compliance before Aug. 30, say attorneys at Duane Morris.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Series
Inside Immigration Court: Making The Case For Bond Release
Immigration Judge Samuel Cole offers a guide to help attorneys practicing in immigration court — against a backdrop of high stakes and fast-moving dockets — better prepare for bond hearings, so proceedings run more smoothly and with less delay.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Minimizing Discrimination Risks In Export Control Compliance
A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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EB-5 Reform Continues To Weigh Heavily On Participants
Recent U.S. Citizenship and Immigration Services guidance helps clarify aspects of the 2022 EB-5 Reform and Integrity Act, which increased oversight of EB-5 regional centers, but does not end the industry's continuing state of uncertainty, says Robert Divine at Baker Donelson.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.