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Immigration
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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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November 25, 2024
DC Circ. Won't Rehear Allowing H-1B Spousal Work Permits
The District of Columbia Circuit has denied a petition to reconsider its decision upholding an Obama-era program allowing some spouses of highly skilled foreign workers to obtain work permits.
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November 25, 2024
Justices Nix Removal Relief After Cannabinoid Conviction
The U.S. Supreme Court on Monday denied a petition from a Mexican citizen and U.S. resident seeking relief from a Board of Immigration Appeals order which determined his deportation from the country was justified due partly to a Texas conviction for possessing a synthetic cannabinoid.
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November 22, 2024
DACA Recipient Accuses KeyBank Unit Of Immigration Bias
A KeyBank-owned student loan refinancing and consultation unit was hit with a proposed class action by a Deferred Action for Childhood Arrivals recipient claiming the company uses immigration status as a basis to reject potential customers.
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November 22, 2024
Texas Lacks Reason To Stop Migrant Transport, Groups Say
Immigrant advocacy groups asked a Texas federal judge to end a COVID-19-era executive order that allowed law enforcement officers to pull over people suspected of transporting unauthorized migrants, saying the pandemic is no longer a justification for it.
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November 22, 2024
State Immigration Powers May Strengthen Under Bondi's Lead
Individual states may have more power to craft and enforce immigration laws under the incoming Trump administration, with the president-elect's new nominee for the nation's top prosecutor having previously expressed support for Arizona's "show me your papers" law.
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November 22, 2024
Detainees Ask To Show Jury Inside Of Colo. ICE Facility
Immigrant detainees have asked a Colorado federal judge to allow them to show jurors the inside of a detention facility near Denver run by private prison company Geo Group, arguing that a tour is the best way for jurors to understand key issues in a human trafficking class action involving $1-a-day wages.
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November 22, 2024
Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.
U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.
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November 22, 2024
Red States Can't Ax DOL Farmworker Rule, Orgs Say
Three organizations threw their support behind the U.S. Department of Labor's new protections for foreign H-2A farmworkers, telling a Georgia federal court that conservative-led states' efforts to obliterate the entire rule must fail because several unchallenged provisions are key to ensuring workers aren't exploited.
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November 21, 2024
9th Circ. Revives Removal Relief Bid Over Due Process Issue
The Ninth Circuit on Thursday revived a Mexican citizen's bid for deportation relief based on his fear a police officer in Mexico would kill him, saying the Board of Immigration Appeals wrongly concluded an alleged due process violation did not prejudice him.
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November 21, 2024
Trump Selects Ex-Fla. AG Pam Bondi As New AG Pick
President-elect Donald Trump announced Thursday that he has selected Pam Bondi, a former attorney general of Florida, as his new pick for U.S. attorney general, just hours after former U.S. Rep. Matt Gaetz withdrew his name from consideration amid allegations of sexual misconduct and drug use.
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November 21, 2024
Immigration Group Seeks Say In 10th Circ. To Fight Okla. Law
A Tulsa, Oklahoma-based nonprofit that advocates for immigrants has told the Tenth Circuit the state offered no good reason to lock the organization out from intervening in the federal government's lawsuit challenging an Oklahoma law barring unauthorized immigrants from residing in the state.
Expert Analysis
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.