Immigration

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • November 25, 2024

    Farm Orgs. Win Block Of DOL H-2A Protections

    A Kentucky federal judge granted several farmers and farm associations' bid to block the U.S. Department of Labor's new protections for foreign H-2A farmworkers, saying Monday the agency's extension of labor organizing rights to these workers amounts to a "blatant arrogation of authority."

  • November 25, 2024

    Jury Finds Sex-Specific Customs Officer Shifts Legally Sound

    A Florida federal jury backed the U.S. Department of Homeland Security in a lawsuit claiming it unlawfully created three women-only assignments at the Port of Tampa, finding the agency had a legitimate reason based on a U.S. Customs and Border Protection policy mandating same-gender searches of passengers.

  • November 25, 2024

    Texas Judge Tosses Remainder Of Border Phone Search Suit

    A federal judge in Texas has tossed a lawsuit from an attorney who claimed U.S. Customs and Border Patrol officers illegally seized and searched his cellphone at the border.

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Expert Analysis

  • How Immigration Attys Should Prep For A 2nd Trump Term

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    In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    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.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    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.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    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.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    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.

  • State Of The States' AI Legal Ethics Landscape

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    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.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    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.

  • How A Trump Win Might Affect The H-1B Program

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    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.

  • Opinion

    This Election, We Need To Talk About Court Process

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    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.

  • Illinois May Be Gearing Up To Ban E-Verify

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    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.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    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.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    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.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    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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