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Immigration
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April 26, 2024
Mass. Justices Dash Deported Man's Hope For Remote Retrial
Massachusetts' high court ruled Friday that a man deported to the Dominican Republic cannot appear remotely for his retrial on charges that the justices previously vacated, citing court rules.
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April 25, 2024
DOJ Pressed On Prosecutions Of Muslim Asylum-Seekers
The U.S. Department of Justice is facing new questions from Capitol Hill over prosecutions of Muslim asylum-seekers in the wake of a Los Angeles Times report showing that migrants from majority-Muslim countries were disproportionately imprisoned at the U.S.-Mexico border in Texas.
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April 25, 2024
South African's Old Convictions Cost Him Deportation Relief
The Seventh Circuit ruled that an immigration judge appropriately considered two criminal convictions in 2000 and 2002 to deny a South African man's 2015 efforts to stay in the country.
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April 25, 2024
Immigrants Poised To Fill Future US Labor Needs, Report Says
Immigrants in the U.S. are uniquely positioned to help fill future labor needs, particularly in professions that require more education and skills, but many will need to be retrained or upskilled, according to the Migration Policy Institute.
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April 25, 2024
US Says Seizure Power Erodes Landowner's Border Wall Suit
The federal government told the Fifth Circuit that its eminent domain authority should defeat a landowner's claims that she owns a $6.5 million section of border wall that was allegedly built on her farm without authorization in 2008.
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April 25, 2024
NJ Couple Convicted Of Luring Immigrants Into Forced Labor
A New Jersey federal jury has convicted a Burlington County couple on charges related to luring two undocumented immigrants to the United States and forcing them to perform domestic labor and childcare in their home, federal prosecutors announced Wednesday.
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April 25, 2024
Judge Puts Texas Arrest Law Case On Ice During Appeal
A Texas federal court has paused the Biden administration's lawsuit challenging Texas' controversial law allowing state officials to arrest and deport migrants crossing the border unlawfully until the state's appeal of the court's temporary block on the law concludes.
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April 24, 2024
Ditching H-1Bs, Foreigners Hone Skills To Get Visas Faster
U.S. employers and foreigners are increasingly chasing alternatives to the highly coveted but elusive H-1B visa — a turn of events that is leading immigrants to establish themselves as some of the most distinguished experts in their fields.
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April 24, 2024
World Cup Workers' Abuse Suit Still Falls Short, US Cos. Say
A Texas engineering company and a Colorado subsidiary have asked a federal court to dismiss claims from Filipino workers alleging they were subjected to inhumane labor conditions when helping construct stadiums for the 2022 FIFA World Cup in Qatar, arguing the workers' latest attempt doesn't even show the defendants recruited or hired them.
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April 24, 2024
Filipino Workers' $730K Trafficking Deal Gets Judge's Initial OK
An Oklahoma federal court preliminarily approved a $730,000 settlement on Wednesday that would resolve Filipino workers' claims that a local couple tricked them into paying steep immigration and recruitment fees to come work for them in the U.S.
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April 24, 2024
Colombian Actor Says His Visa Denials Are Full Of Mistakes
A Colombian actor with roles on Netflix and other channels and platforms has hauled U.S. Citizenship and Immigration Services into Florida federal court, alleging USCIS made numerous mistakes when twice denying him an immigrant visa available to actors with extraordinary ability.
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April 24, 2024
Watchdog Says ICE Paid $25.3M For Empty Detention Space
U.S. Immigration and Customs Enforcement agreed to review its contract with private prison operator GEO Group Inc. in California after a federal watchdog found it paid $25.3 million for hundreds of unused beds.
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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.
Expert Analysis
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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USCIS Can Take On The Semiconductor Workforce Gap Now
While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Opinion
OFAC Designation Prosecutions Are Constitutionally Suspect
Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Employer Considerations For New I-9 Virtual Verification
A recently implemented Form I-9 option modernizes the process of employment eligibility verification by making pandemic-era virtual verification permanent, though employers will need to understand the option’s procedures and requirements to ensure compliance with all immigration laws, say attorneys at Littler.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Canada's H-1B Policy Leverages U.S. Green Card Backlog
Canada’s new policy allowing U.S. H-1B visa holders and their families to relocate and seek work in Canada takes advantage of the backlog in U.S. green card processing, and other countries seeking highly skilled workers trained in the U.S. are likely to follow suit, says Sarah Hawk at Barnes & Thornburg.
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Ch. 11 Ruling Sets New Standard For Using Reinstatement
A New York bankruptcy court’s recent ruling in Golden Seahorse, which concluded that Section 365(b)(2)(D) of the U.S. Bankruptcy Code only creates a cure exception for nonmonetary defaults, sets a high bar for challenging the requirement to pay default interest as a condition to reinstatement of a loan agreement under a Chapter 11 plan, says Debra Dandeneau at Baker McKenzie.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Trends Emerge In High Court's Criminal Law Decisions
In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.