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Immigration
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June 05, 2024
Biden Asylum Halt Contradicts Border Wire Suit, Texas Says
Texas tore into the U.S. Department of Homeland Security on Wednesday, saying a new executive order that halts asylum claims from immigrants who cross the border illegally directly contradicts the agency's argument before the Fifth Circuit over Texas' use of concertina wire fencing at the border.
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June 05, 2024
Exceptions May Help New Border Rules Survive Litigation
The new border regime that President Joe Biden rolled out this week relies on legal provisions that courts largely barred the Trump administration from using to restrict entry, but exceptions in Biden's policy could offer insulation from adverse rulings this time.
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June 05, 2024
Hiring Pattern Dooms Mo. Spa's Quest For Foreign Waitstaff
A lakeside Missouri resort and spa lost in its quest to hire 15 foreign waitstaff for its tourist season after a U.S. Department of Labor appeals board ruled the resort failed to show its need for the foreign staff was temporary.
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June 05, 2024
Federal Judges Facing Scrutiny For Clerk-Hiring Boycotts
The federal judiciary must take a look at its judges' hiring practices in the wake of some jurists' public refusal to hire students from certain law schools over on-campus political activity over the Israel-Hamas war, a nonprofit government watchdog said Wednesday.
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June 05, 2024
7th Circ. Affirms Toss Of Mexican National's Widow Petition
The Seventh Circuit upheld U.S. Citizenship and Immigration Services' decision to deny a Mexican woman's bid for a visa as the widow of a U.S. citizen, saying the agency properly faulted her for misrepresenting her continued relationship with her ex-husband.
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June 04, 2024
House DHS Budget Bill Takes Aim At Biden Priorities
The House Appropriations Committee released a $64.8 billion funding bill for the U.S. Department of Homeland Security for next fiscal year, with a bevy of priorities and policy riders aimed at countering or undoing Biden administration immigration priorities.
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June 04, 2024
JPMorgan Accused Of Retaliating Against Indian H-1B Worker
JPMorgan Chase & Co. is facing a new lawsuit accusing it of firing an Indian product manager on an H-1B visa after the former employee confronted his supervisor for allegedly discriminating against him based on his race and nationality.
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June 04, 2024
Garland Defends DOJ Integrity, Demurs On Justices' Ethics
Attorney General Merrick Garland on Tuesday defended the Department of Justice's independence, deflecting questions about ethics scandals at the U.S. Supreme Court and rejecting Donald Trump's "conspiracy theory" that federal prosecutors were the real force behind his recent conviction.
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June 04, 2024
9th Circ. Rejects Immigrant's Evidence Authenticity Challenge
A split Ninth Circuit refused to revive a Guyanese man's bid for deportation relief, saying he didn't actually challenge the authenticity of evidence used to support his removability, including an FBI rap sheet he said included an incorrect birthplace.
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June 04, 2024
Biden Halts Noncitizens' Entry At Southern Border
President Joe Biden announced executive measures on Tuesday to temporarily suspend the entry of noncitizens at the Southern border and bar asylum claims from those crossing illegally — measures that the American Civil Liberties Union immediately vowed to challenge in court.
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June 03, 2024
Voir Dire With No Judge Present Persists In State Courts
Data released Friday by the National Center for State Courts revealed that voir dire conducted by lawyers with no judge present in the room persists in 7% of state court trials, but has been virtually eliminated in federal courts.
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June 03, 2024
Improper DHS Appointment Voids Asylum Rule, Groups Argue
Two immigrant advocacy groups suing the federal government over a Trump-era rule that narrowed asylum eligibility have told a D.C. federal judge that the changes must be vacated, arguing that former acting U.S. Department of Homeland Security chief Chad Wolf was improperly appointed, making the changes void.
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June 03, 2024
Attys Raise Safety Concerns In Feds' Bid To End Flores Deal
Attorneys for human rights organizations in the long-running Flores litigation are opposing the Biden administration's bid to partially terminate an agreement in the case mandating safety standards for minors in immigration detention, saying it could weaken existing protections.
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June 03, 2024
Amazon, Wondery Want Out Of ICE Doc's Defamation Suit
Amazon.com LLC, Wondery LLC and Morbid: A True Crime Podcast LLC asked a Georgia federal judge on Friday to dismiss a former immigration prison doctor's lawsuit alleging he was defamed by the release of a true-crime podcast episode that accused him of performing forced hysterectomies on detainees.
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June 03, 2024
Iowa Says State Immigration Law Is Constitutionally Sound
Iowa has urged a federal judge to shoot down attempts to block a new state immigration law set to take effect July 1 empowering state officials to arrest noncitizens who were previously deported, saying it doesn't usurp federal immigration authority.
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June 03, 2024
Jury Trials Dwindle In State Courts; Fall Started Before COVID
Jury trials have continued to "vanish" from state courts, despite seeing a slight bump following the pandemic shutdowns, with 2021 seeing fewer than half the number of jury trials as 2019 and one-third the number held in 2007, according to a new report from the National Center for State Courts.
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June 03, 2024
2nd Circ. Reverses Polish Woman's Removal For Drug Offense
The Second Circuit revived a Polish immigrant's bid to cancel her deportation from the U.S., saying her drug conviction under New Jersey state law for distributing cocaine didn't qualify as an aggravated felony under a comparable federal law.
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June 03, 2024
Justices Won't Review Migrant Harboring Convictions
The U.S. Supreme Court won't review a Kentucky federal jury's verdict convicting two restaurateurs on four counts of harboring unauthorized immigrants, shutting down those business owners' arguments they were not intentionally hiding the migrants from the government.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Group Sued Over Immigrants' Benefits Too Late, Panel Holds
A Michigan state appeals court has nixed a nonprofit's challenge to the court's ruling that working while unauthorized is a crime and that immigrant workers are not entitled to benefits once their unauthorized status is discovered, saying the group brought the lawsuit in an untimely manner.
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May 31, 2024
4th Circ. Sees Path For Deportee To Return, But Denies Appeal
The Fourth Circuit on Friday found that a U.S. Immigration and Customs Enforcement directive might provide a narrow path for a deported Salvadoran's return to the U.S. to fight his removal, but ultimately shot down his appeal.
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May 31, 2024
Migrant Influx Fuels Push For Right To Immigration Counsel
Amid a soaring backlog of asylum cases in the United States, pro-immigrant advocates have intensified their push for legislation that would give noncitizens the right to legal representation in deportation proceedings.
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May 31, 2024
Wash. Prison Law Not Biased Against GEO, 9th Circ. Told
Washington state has urged the Ninth Circuit to lift a lower court's injunction blocking a law aimed at improving private prison standards, saying the law does not discriminatorily target private prison operator GEO Group Inc.
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May 31, 2024
DOL Asks To Wait To Disclose Workers In Fishery Wage Case
The U.S. Department of Labor urged a Mississippi federal court to halt the disclosure of the identities of some migrant workers who helped in the department's investigation of a fish farm, saying that it plans to ask the court to reconsider ordering the disclosure.
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May 31, 2024
Houston Judge's Vast Display Reflects 25 Years On Bench
Along the hallways leading to U.S. District Judge Keith P. Ellison's Houston courtroom hang hundreds of notes, photos, thank-you cards and other correspondence, serving as a kind of interactive scrapbook of Judge Ellison's 25 years on the bench.
Expert Analysis
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3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense
The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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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.