Immigration

  • September 04, 2024

    DHS Seeks To Lift Block On Spousal Parole Program

    The Biden administration urged a Texas federal court to restore its policy letting certain foreign relatives of American citizens such as spouses apply for green cards from within the U.S., saying that states opposing the policy haven't shown it caused financial harm.

  • September 04, 2024

    Full DC Circuit Refuses To Save Green Cards For Visa Winners

    Thousands of diversity visa winners lost their yearslong court battle to obtain their green cards, when the full D.C. Circuit declined to review a panel decision barring the U.S. Department of State from processing their expired visa applications.

  • September 03, 2024

    3rd Circ. Preview: Starbucks Firing, Liquor Law In September

    Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.

  • September 03, 2024

    2nd Circ. Won't Ax Dad's Removal Over Child's Mental Health

    The Second Circuit ruled Tuesday that a man who entered the U.S. illegally more than two decades ago can't cancel his removal on the grounds that it would cause his daughter hardship, ruling that any adverse impacts would be typical of family separation.

  • September 03, 2024

    Turf Farm Can't Claim Agricultural OT Exemption, Judge Rules

    The work H-2A visa workers performed for a turf farm doesn't represent the agricultural work that would be exempt from overtime under the Fair Labor Standards Act, a Missouri federal judge ruled Tuesday, handing the workers a partial win in their overtime suit.

  • September 03, 2024

    Advocates Urge 8th Circ. To Keep Iowa Arrest Law Blocked

    Immigration lawyers and advocates for domestic violence survivors slammed Iowa's defense of a state law authorizing the arrest of immigrants who reentered the country after deportation, telling the Eighth Circuit that the immigrants may have obtained humanitarian protections after removal.

  • September 03, 2024

    Fla. AG Sues Feds Over Immigration Policy FOIA Requests

    Florida's Attorney General Ashley Moody filed a lawsuit Tuesday accusing the federal government of failing to respond to a public records request for information about what she says is a Biden administration policy of not automatically deporting "criminal aliens" after they have served their sentences.

  • September 03, 2024

    Former Aide To NY Gov. Indicted On Foreign Agent Charges

    A former aide to New York Gov. Kathy Hochul and ex-Gov. Andrew Cuomo was arrested Tuesday on allegations of secretly acting as an agent of China's government in a yearslong political conspiracy to promote the interests of the Chinese Communist Party and reap millions of dollars.

  • September 03, 2024

    Missing Recruitment Records Doom Foreign Translator Hire

    A U.S. Department of Labor appeals panel refused to let a company refile a labor certification application for a full-time foreign translator, saying the company committed a substantial error by failing to fulfill an officer's request for recruitment records.

  • August 30, 2024

    Fannie Mae Can't Save Foreign Hire With Belated Letter

    Fannie Mae couldn't save an application for a foreign software engineer by explaining her qualifications in a letter, when it didn't list her qualifications on the application itself, according to a ruling from the U.S. Department of Labor's appeals board.

  • August 30, 2024

    DOL Board Saves Foreign Broker Job Over Date Stamp Snafu

    The U.S. Department of Labor's appeals board revived a financial planner's efforts to permanently hire a foreign broker, ruling that a certifying officer incorrectly rejected the mailed-in request by using a processing center's time stamp as the filing date.

  • August 30, 2024

    Colo. Immigration Atty Disbarred After Hiding Her Suspension

    A Colorado immigration attorney was disbarred after she filed several documents with immigration authorities while suspended — claiming she was licensed in Nebraska — and appeared before an immigration judge without disclosing her suspension, according to a stipulation to discipline filed Thursday.

  • August 30, 2024

    Midyear Report: Texas Legislation To Watch Ahead Of 2025

    Texas lawmakers are scheduled to convene in January, and both the Texas House and Senate are already busy preparing to introduce new legislation.

  • August 30, 2024

    Georgia Judge Won't Undo Block Of H-2A Farmworker Rule

    A Georgia federal judge denied the U.S. Department of Labor's request to reconsider a preliminary injunction blocking a new rule aimed at improving pay and conditions for foreign farmworkers, ruling that its arguments to have the order more narrowly tailored were "far too little too late."

  • August 29, 2024

    Gov't Claims Title 42 Suit Is Nullified By End Of Program

    A D.C. federal judge on Thursday questioned government arguments that a proposed class of Haitian migrants' claims were moot in their challenge to the now-unenforceable Title 42 expulsion program for migrants from areas troubled by communicable disease, while wondering whether an immigration advocacy group plaintiff actually had standing.

  • August 29, 2024

    DOL, Miss. Fishery Reach Deal To End Suit Over Wage Probe

    The U.S. Department of Labor and a Mississippi fishery asked a federal judge on Thursday to sign off on a settlement in a suit accusing the fishery of interfering with a DOL wage investigation by threatening to physically harm workers and have them deported if they cooperated, referring to the claims in the deal as a "misunderstanding."

  • August 29, 2024

    Pa. State Courts Can Make Juvenile Immigrant Determinations

    The Pennsylvania Supreme Court ruled Thursday that state custody courts can make determinations about whether immigrant youth qualify for special immigrant juvenile protections in cases where a parent living in the U.S. is awarded sole custody, rather than a foster parent or state agency.

  • August 29, 2024

    Judge Trims Assault, Wage Claims Against Long Island Cafe

    A New York federal judge tossed some claims brought by one of eight former employees suing Marie Eiffel Market, a Long Island cafe popular with celebrities, but left the majority of the claims brought by the employees untouched.

  • August 29, 2024

    Democrats Condemn Lawsuit Against New Green Card Rule

    Two Democratic senators from Western states rallied on Thursday for the Biden administration's new program to grant parole to noncitizen spouses and stepchildren of U.S. citizens seeking green cards, which a federal court recently halted temporarily.

  • August 29, 2024

    UK Man Hid Yacht Fraud During Green Card Bid, Feds Say

    A U.K. man was charged with lying on a green card application when he failed to mention that he had served three years in prison for numerous fraud schemes and reportedly attempted to flee after being arrested, Boston prosecutors announced Thursday.

  • August 28, 2024

    9th Circ. Rejects Brady Violation Claim In CWA Conviction

    The Ninth Circuit on Wednesday upheld a Seattle barrel cleaning company owner's conviction for dumping chemical-laden wastewater into public sewers, rejecting his argument that federal prosecutors kept information from the jury about the immigration status of a key witness who worked for him.

  • August 28, 2024

    3rd Circ. Rejects Citizenship Bid Despite 21-Year Gov't Delay

    The Third Circuit on Wednesday upheld the denial of citizenship to a Trinidad and Tobago national convicted of drug-related offenses despite the government's 21-year delay in correcting its error in issuing his Certificate of Citizenship to begin with, ruling it doesn't have the power to grant citizenship.

  • August 28, 2024

    Feds Looks To Toss Ex-Citizens' Renunciation Fee Challenge

    The federal government asked a D.C. federal judge to throw out a lawsuit brought by former U.S. citizens who want their $2,350 citizenship renunciation fee refunded, arguing during a Wednesday hearing that the United States is immune from the litigation and the plaintiffs can't relitigate claims that they already lost.

  • August 28, 2024

    Attempted Child Abuse Is Grounds For Removal, BIA Says

    The Board of Immigration Appeals said a noncitizen convicted in Texas of attempting to injure a child is removable, rejecting the man's argument that attempted child injury doesn't constitute actual child abuse under the Immigration and Nationality Act.

  • August 28, 2024

    4th Circ. Says Immigration Board 'Flouted' Review Precedent

    The Fourth Circuit on Wednesday overturned a Board of Immigration Appeals decision denying a Yemeni national another chance to seek asylum, ruling that the BIA "flouted its own precedents" in applying a needlessly strict standard to reconsideration of his case.

promo for immigration policy tracker that says tracking changes in immigration policy

Expert Analysis

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

    Author Photo

    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

    Author Photo

    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

    Author Photo

    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How A Gov't Shutdown Would Affect Immigration Processing

    Author Photo

    While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.

  • Opinion

    Smart Immigration Reform Can Improve Health Care Access

    Author Photo

    With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

    Author Photo

    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

    Author Photo

    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

    Author Photo

    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Opinion

    Time To End Double Standard On Kids' Green Cards

    Author Photo

    Recent changes to the U.S. Citizenship and Immigration Services rules have helped many children qualify for green cards, but the government's failure to extend these changes to consular processing unfairly leaves out children stuck abroad who need visas to join their parents in the U.S., says Edward Ramos at Kurzban Kurzban.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

    Author Photo

    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Litigation Can Facilitate EB-5 Investor Visa Determinations

    Author Photo

    Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.

  • 3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense

    Author Photo

    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.

  • ABA's Money-Laundering Resolution Is A Balancing Act

    Author Photo

    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.

  • Law Firm Professional Development Steps To Thrive In AI Era

    Author Photo

    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.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Immigration archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!