Immigration

  • August 26, 2024

    Ga. Judge Won't Let DOL Play 'Sorcerer' With H-2A Rule

    A Georgia federal judge on Monday temporarily restricted the U.S. Department of Labor's ability to enforce a rule protecting union-related activities for H-2A foreign agricultural workers, saying the law is unconstitutional because it violates the 1935 National Labor Relations Act.

  • August 26, 2024

    NJ Couple Admit To Preparing False Asylum Applications

    A Garden State couple admitted Monday in New Jersey federal court that they participated in a conspiracy to prepare and submit fraudulent asylum applications, the U.S. attorney announced.

  • August 26, 2024

    Citizenship Error Can't Bar Labor Certification, Board Says

    A marketing software company that misidentified a prospective Turkish employee as American on its labor certification application can refile the request, after a U.S. Department of Labor appeals panel found that DOL applications cannot be denied based on immigration status.

  • August 26, 2024

    DOL Board OKs Firm's Bid To Hire Permanent Foreign Atty

    The Board of Alien Labor Certification Appeals has vacated a decision that rejected a law firm's request for permanent labor certification of a foreign attorney, finding it wrongly concluded the firm had not reasonably provided all relevant material on alternative U.S.-based applicants.

  • August 26, 2024

    Texas Cases To Watch In Last Half Of 2024

    Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury. 

  • August 23, 2024

    Afghan Supporters Say US Arbitrarily Delayed Parole Requests

    The U.S. government has been arbitrarily delaying action on requests of Afghans seeking humanitarian parole while expeditiously processing parole applications of those living in Ukraine, Cuba and Haiti for free and approving their travel authorizations, according to plaintiffs seeking to file an amended proposed class action in Massachusetts federal court.

  • August 23, 2024

    Calif. Judge Says Spousal Visa Delay Could Be Unreasonable

    A California federal judge is allowing a suit to move forward against U.S. State Department officials, including Secretary of State Antony Blinken, accusing the agency of slow-walking visa petitions for Pakistani spouses of U.S. citizens, saying the delay might be unreasonable.

  • August 23, 2024

    Transport Co.'s Union Pushback Flouted Law, Judge Says

    A company that transports migrant children and families from facilities at the U.S.-Mexico border violated federal labor law through its pushback on a union drive, which included interrogating a worker about his union sympathies and later suspending him, a National Labor Relations Board judge ruled Friday.

  • August 23, 2024

    Texas Sues To Halt Green Cards For Mixed-Status Families

    Texas sued the Biden administration Friday seeking to block a new program for noncitizens and stepchildren of U.S. citizens to apply for green cards and work permits from within the country, saying it exceeds the administration's parole authority.

  • August 23, 2024

    DHS Urges Justices To Bar Review Of Revoked Visa Petitions

    The U.S. Department of Homeland Security has urged the U.S. Supreme Court to find that an immigration law bars federal courts from reviewing revoked visa petitions, saying lawmakers had reduced the possibility of duplicative legal proceedings by preventing judicial review.

  • August 23, 2024

    Border Agent Charged With Making Migrants Expose Breasts

    An agent from U.S. Customs and Border Protection has been charged with forcing four women to expose their breasts to him during processing, claiming it was a legitimate search related to their admission into the country.

  • August 22, 2024

    3rd Circ. Denies Liberian Bank Whistleblower's Asylum Bid

    The Third Circuit ruled Thursday that a Liberian man can't claim asylum despite having "suffered horrors" after unearthing a fraud scheme involving Liberian government officials' relatives and refusing a politician's bribe, saying he did not show evidence that his alleged perpetrators targeted him for having an anti-corruption political opinion.

  • August 22, 2024

    Justices Allow Part Of Ariz. Voter Law To Take Effect

    The U.S. Supreme Court ruled Thursday that Arizona can enforce part of a law that requires proof of citizenship when residents register to vote, but won't unblock a provision extending the requirement to voting by mail or in presidential elections.

  • August 22, 2024

    Smuggling Suspect Arrested Over '22 Migrant Deaths In Texas

    A Guatemalan national was arrested Wednesday in his home country at U.S. officials' request for his alleged role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in Texas in 2022, federal prosecutors announced Thursday.

  • August 22, 2024

    2nd Circ. Says Feds Can't Forcibly Drug Man Facing Removal

    The Second Circuit ruled Thursday that the Bureau of Prisons can't yet forcibly administer antipsychotic medication to render a Sierra Leone native competent to stand trial on charges of assaulting officers at a prison where he was being detained pending deportation.

  • August 22, 2024

    Fla. Immigration Attorney Also Disbarred In NY

    A Miami immigration attorney who was disbarred in Florida earlier this year received another blow Thursday when the New York Supreme Court decided that he could no longer practice in its state either.

  • August 22, 2024

    Fisher Phillips Brings Smith Gambrell Atty To DC Gov't Team

    Fisher Phillips' new D.C.-based agriculture employment partner has practiced several types of law throughout his career, and told Law360 Pulse Thursday that his employment law career started unexpectedly after a managing partner at one of his first firms called out sick before an interview.

  • August 22, 2024

    Feds Accuse NYC Man Of Acting As Chinese Agent

    Manhattan federal prosecutors have accused a naturalized U.S. citizen of acting as an agent of the People's Republic of China and relaying intelligence to the Chinese government.

  • August 22, 2024

    Au Pair Co. Tells 1st Circ. Arbitration Bid Came In Time

    An au pair company told the First Circuit that forcing it to advance arbitration efforts before filing a response in a wage suit would conflict with a U.S. Supreme Court's ruling tackling the timing of arbitration requests.

  • August 21, 2024

    Split 5th Circ. Revives Cameroonian Anglophone's Asylum Bid

    A split Fifth Circuit has revived a Cameroonian nurse's asylum bid, saying in a published opinion that the Board of Immigration Appeals disregarded evidence he offered to prove that the Cameroonian military wanted him dead for purportedly being an English-speaking separatist.

  • August 21, 2024

    Feds Chide Iowa's 'Implausible' Immigration Law Defense

    The Biden administration is urging the Eighth Circuit to reject Iowa's defense of a state law criminalizing the presence of previously deported noncitizens in the state, suggesting Iowa is mischaracterizing the law in an effort to skirt U.S. Supreme Court precedent.

  • August 21, 2024

    Cleaning Co., H-2B Workers Seek Final OK For Wage Deal

    A group of 41 migrant housekeepers and a cleaning contractor asked a Colorado federal court Wednesday to give final approval to the $400,000 deal they reached to end claims of wage and visa law violations, including threats of deportation.

  • August 21, 2024

    Health Co. Investors Fight To Keep Suit Over Migrant Deal

    Investors in mobile medical provider DocGo are urging a New York federal judge not to toss a suit alleging it deceived stockholders before a $432 million contract with New York City to provide emergency migrant housing came under public scrutiny, saying the complaint sufficiently establishes that the defendants made material misstatements and omissions.

  • August 21, 2024

    Asylum Limits Litigation Remains In Settlement Talks

    A pair of cases in the Ninth Circuit and D.C. federal court in which asylum-seekers are challenging a Biden administration rule limiting asylum at the southern border are still in the settlement-discussion stage. 

  • August 20, 2024

    DHS Watchdog Says ICE Needs To Better Monitor Migrant Kids

    The inspector general for the U.S. Department of Homeland Security has said the agency needs to better monitor the status and location of unaccompanied migrant children after their release from federal custody to better protect them.

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Expert Analysis

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Justices' Removal Ruling Presents Hurdles, But Offers Clarity

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    The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

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