Immigration

  • December 16, 2024

    Report Finds CBP Still Separating Some Children In Detention

    A court-appointed juvenile care monitor told a California federal judge the U.S. Customs and Border Patrol was continuing to routinely hold children separately from parents or trusted adults at a Donna, Texas, facility this September, in what could be the monitor's final report.

  • December 16, 2024

    ICE Detainees' Last Claim Against Ind. County Tossed

    An Indiana federal judge on Monday tossed the sole remaining claim lodged against Indiana's Clay County in a putative class action over the county's jail funding practices and immigrant detainee care, saying the claim was better suited for state court.

  • December 16, 2024

    ICE Contractor Claims Immunity From Family Separation Suit

    Transportation services provider MVM Inc. is arguing a father and son suing it for its role in a Trump administration policy that separated them and thousands of other immigrant families can't show it acted unlawfully or outside the bounds of a valid federal contract, dooming their litigation.

  • December 16, 2024

    Trump Makes Another Pick For Homeland Security Team

    President-elect Donald Trump said he will nominate IBM executive Troy Edgar to serve as deputy secretary of the U.S. Department of Homeland Security, after previously nominating South Dakota Gov. Kristi Noem to lead the department.

  • December 13, 2024

    ND Judge Speeds Up Review Of DACA Health Coverage Block

    A North Dakota federal judge agreed Friday to expedite the federal government's request to halt an order blocking the enforcement of a regulation that extends health coverage to immigrants brought to the U.S. as children without authorization.

  • December 13, 2024

    Immigration Board Won't Halt Removal In $4M Criminal Case

    The Board of Immigration Appeals on Friday rejected a Dominican man's attempt to halt his removal from the country after he was convicted of conspiracy to commit money laundering, saying the nearly $4 million laundered renders the conviction an aggravated felony.

  • December 13, 2024

    DOL Board Says Agency Can Revoke Prior H-2B Registrations

    The Board of Alien Labor Certification Appeals has affirmed a U.S. Department of Labor officer's decision to deny a Texas fabrication company's request to temporarily hire dozens of foreign metalworkers and to revoke its previously approved registration number for the H-2B visa program.

  • December 13, 2024

    Wash. School District Settles Civil Rights Probe By DOJ

    The U.S. Department of Justice said this week that it reached an agreement to end an investigation into severe and widespread harassment of Black, Latino and LGBTQ+ students in an eastern Washington school district.

  • December 13, 2024

    White House Reviewing 2nd Half Of H-1B Modernization Rule

    With just over a month to go before the inauguration, the White House is reviewing the second half of a regulation to overhaul the H-1B temporary visa program for specialty occupations, the last step before the rule can be finalized.

  • December 12, 2024

    DHS Must Do More For Acquisition Staff Troubles, GAO Says

    The U.S. Department of Homeland Security is not doing all it can to address the workload and hiring challenges its acquisition workforce is facing, according to a U.S. Government Accountability Office report released on Thursday.

  • December 12, 2024

    Judge Says Pay Owed After Texas Co. Benched H-1B Worker

    A Department of Labor judge said a Houston engineering company owes a former H-1B worker nearly $57,000 in wages since it "benched" the worker without pay for months after a third-party contract collapsed during the COVID-19 pandemic.

  • December 12, 2024

    Immigrant Rights Groups Slam DHS 'Manifestation' Standard

    Immigrant rights organizations challenging the Biden administration's directive curtailing asylum at the southern border told a D.C. federal judge that the administration's latest brief confirms the updated rule goes far beyond what Congress authorized.

  • December 12, 2024

    Prison Co. Says Jurors Shouldn't See ICE Facility In TVPA Suit

    Private prison operator Geo Group urged a Colorado federal judge to deny immigrant detainees' request to show jurors the inside of its detention facility in a trafficking case, including the size of housing units, arguing Wednesday the facility's size will not be relevant when determining whether detainees performed forced labor.

  • December 12, 2024

    DHS Unveils New Evidence Requirements For Entrepreneurs

    U.S. Citizenship and Immigration Services on Thursday updated and expanded the types of evidence foreign entrepreneurs can submit to get temporary admission to the U.S. under a program designed to encourage U.S. startups and spur economic growth.

  • December 11, 2024

    4th Circ. Unsure Judges' Free Speech Suit Belongs In Court

    A Fourth Circuit panel appeared skeptical Wednesday that courts could hear a challenge from the immigration judges' union to a policy it contends restrains their free speech rights, suggesting that recent U.S. Supreme Court precedent would doom the appeal.

  • December 11, 2024

    Dem Senators Urge Biden To Extend Immigrant Protections

    Several Democratic senators on Wednesday urged President Joe Biden to use his final days in office to bolster temporary protected status protections for several countries and expedite the renewal process for Deferred Action of Childhood Arrivals recipients.

  • December 11, 2024

    DHS Confirms 4th Chinese Nationals Removal Flight This Year

    More Chinese migrants were deported from the U.S. via chartered flight Monday as part of the federal government's policy imposing harsher penalties for those who enter the country illegally, marking the fourth large-scale removal flight to China in the last six months, the Department of Homeland Security said Wednesday.

  • December 11, 2024

    Border Protection Says It's Swamped With FOIA Requests

    U.S. Customs and Border Protection told a judge it is working to hand over records Texas Attorney General Ken Paxton requested months ago, but said a spike in document requests has made it "almost impossible" to meet Freedom of Information Act deadlines.

  • December 11, 2024

    Cross-Border Criminal Antitrust Trial Will Stay In Houston

    A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.

  • December 10, 2024

    BNP Paribas Seeks High Court Appeal In Sudan Refugee Case

    BNP Paribas has urged the U.S. Supreme Court to clarify the standard for permitting immediate appeals of class certifications, arguing the Second Circuit was wrong to deny it such review in a class action accusing the bank of enabling human rights abuses in Sudan.

  • December 10, 2024

    Use Of 1798 Law For Mass Removals Could Be Tough Sell

    If President-elect Donald Trump follows through with his promise to invoke the Alien Enemies Act of 1798 to deport millions of unauthorized immigrants, he may have an uphill battle convincing federal courts that the law can be used to quell an immigrant "invasion."

  • December 10, 2024

    Fed. Circ. Says IT Cos. Can't Duck $4K H-1B Petition Fees

    The Federal Circuit on Tuesday rejected software companies' attempt to secure a refund on H-1B visa petition fees for U.S.-based noncitizens, saying the fee is applicable regardless of whether the workers are already in the country or not. 

  • December 10, 2024

    AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive

    The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.

  • December 10, 2024

    8th Circ. Remands Sexual Misconduct Removal Case

    The Eighth Circuit sent a Minnesota man's removal case back to immigration court for further review after finding that the third-degree sexual misconduct statute that he pled guilty to doesn't fall within the federal definition of rape that would allow him to be removed.

  • December 10, 2024

    DHS Makes Automatic Work Permit Extensions Permanent

    The U.S. Department of Homeland Security said Tuesday it's permanently increasing the automatic extension period for expiring work authorization to 540 days, giving a boost to eligible immigrant workers who may otherwise confront a lapse in their permission to work.

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Expert Analysis

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Perspectives

    Immigration Detention Should Offer Universal Legal Counsel

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    Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

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