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Immigration
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May 13, 2024
Texas, Mo. Say Border Contractors Lack Interests To Defend
Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.
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May 13, 2024
Investor Seeks Info On Visa Denied For Money Exchanger Use
A Vietnamese woman challenging U.S. Citizenship and Immigration Services' denial of her EB-5 petition hauled the agency into a D.C. federal court, accusing it of withholding information that may reveal why her use of a money exchanger doomed her petition.
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May 10, 2024
Immigration Court Backlog Swells To Nearly 3.6M Cases
The number of pending deportation cases in courts across the country has swelled to almost 3.6 million as of the end of April, almost 1.3 million of which are asylum cases, while many immigrants continue to get deported without legal representation, according to a report issued by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.
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May 10, 2024
Cos. Sufficiently Alleged DOL Retaliation Over Atty, Judge Says
The U.S. Department of Labor failed Friday to trim a lawsuit challenging three companies' five-year ban from the H-2B program after a Texas federal judge ruled that the companies sufficiently alleged that the department retaliated against them because of their attorney choice.
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May 10, 2024
Lack Of Specificity Dooms Concrete Co.'s H-2B Worker Bid
A U.S. Department of Labor appeals board backed a department certifying officer's decision not to let a concrete solutions company temporarily hire foreign workers to supplement its staff, saying the company failed to adequately explain why it needed the workers.
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May 10, 2024
Farm Gets 2nd Go At H-2A Extension After Worker's Aneurysm
A U.S. Department of Labor appeals board has revived a farm's request to extend two foreign workers' employment to finish up work that was delayed after a co-worker suffered a brain aneurysm, saying a certifying officer shouldn't have flat-out denied the extension request.
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May 10, 2024
Climate Group Settles DOJ Claims It Shut Out Noncitizens
A Massachusetts-based nonprofit organization focused on climate action agreed to settle claims it discriminated against non-U.S. citizen job seekers including asylees and green-card holders by inviting only U.S. citizens to apply for jobs, the U.S. Department of Justice announced.
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May 09, 2024
DHS Unveils Rule To Expedite Certain Asylum Rejections
The U.S. Department of Homeland Security has unveiled a proposed rule that would allow DHS to more quickly determine whether certain asylum-seekers pose a public or national security risk and, if so, deport them, according to an announcement made Thursday.
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May 09, 2024
Chinese Tycoon In $500M Debt To Investors To Be Released
A Chinese cinema magnate who owes his investors more than $500 million will no longer be detained on immigration and campaign donor fraud charges, a New York federal court ruled Thursday.
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May 09, 2024
DHS Watchdog Flags Holes In Afghan Evacuee Processing
The U.S. Department of Homeland Security's internal watchdog has found vulnerabilities in how the agency resolves potential red flags for Afghan evacuees in the U.S., including a lack of defined guidelines for Afghans who want to extend their humanitarian parole.
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May 09, 2024
Iowa Immigration Law Tramples On Feds' Authority, Suits Say
The U.S. Department of Justice and a nonprofit filed separate lawsuits on Thursday challenging Iowa legislation that empowers state officials to arrest and remove noncitizens who were previously deported, arguing the statute usurps federal authority over immigration.
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May 09, 2024
Visa Lottery Winners Urge DC Circ. To Finish 2-Yr-Old Review
Attorneys for thousands of diversity visa winners urged the D.C. Circuit to finish reviewing stayed orders mandating the visas' release, saying many clients are losing hope of coming to the U.S.
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May 09, 2024
Designer, Hotelier Sued For Allegedly Duping EB-5 Investors
Chinese investors in a luxury California hotel for green cards lodged a potential class action Thursday against a prominent interior designer and her hotelier husband for allegedly duping backers into believing Marriott would manage the hotel.
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May 08, 2024
Texas Wants Catholic Org. Barred For 'Systemic Violations'
Texas Attorney General Ken Paxton on Wednesday urged a state judge in El Paso County to enjoin Catholic nonprofit Annunciation House Inc. from operating in the state, alleging the organization has been engaging in systemic criminal conduct by illegally harboring noncitizens.
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May 08, 2024
Texas Says Asylum Rule Fight Withstands Toss Of La. Suit
Texas is urging a federal judge to preserve its challenge to a Biden administration rule broadening immigration officers' power to expedite asylum applications, saying a recent decision in Louisiana throwing out nearly identical claims has no bearing on its case.
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May 08, 2024
Legal Access Program Being Set Up For Separated Families
The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.
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May 08, 2024
Fed. Circ. Judge Troubled By Government's Visa Fraud Sting
A Federal Circuit judge on Wednesday said he was troubled by the federal government's argument that it has no liability to foreign students who paid thousands of dollars to attend a fake university the government set up to ensnare visa fraudsters.
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May 08, 2024
GOP Bill Aims To Fund Southwestern States' Border Barriers
States along the southwestern U.S.-Mexican border looking to build physical barriers or update existing ones could receive federal grants to do so under new legislation from a pair of Republican members of the House of Representatives.
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May 08, 2024
Farmworkers Union Says DOL's 2022 Rules Keep Wages Low
A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.
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May 07, 2024
2nd Circ. Weighs Border Wall Fraud Juror's Tie To Prosecution
A Colorado man convicted of scheming to defraud donors to a campaign to build a southern border wall told the Second Circuit on Tuesday that his trial was tainted by a juror's family connection to the prosecution team.
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May 07, 2024
DOJ Says Cross-Border Antitrust Trial Must Stay In Houston
Prosecutors have advised Houston's federal court against transferring a criminal case closer to the border, saying their witnesses fear testifying against defendants charged with using violence to control the cross-border sale of used vehicles and other goods in Central America.
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May 07, 2024
Feds Tell 11th Circ. Justices' Ruling Saves DHS Parole Policies
The Biden administration has urged the Eleventh Circuit to vacate separate decisions from a Florida federal judge striking down two U.S. Department of Homeland Security parole policies, saying U.S. Supreme Court precedent mandates that outcome.
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May 07, 2024
9th Circ. Revives Removal Fight Over Justices' Notice Ruling
A Honduran woman who received a notice to appear in immigration court without a time specified can resume fighting her deportation after the Ninth Circuit leaned on a U.S. Supreme Court ruling requiring all court hearing information to be on a single document.
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May 07, 2024
Fisher Phillips Adds Ex-Lyons HR GC To Employment Group
Employer-side labor and employment law firm Fisher Phillips has brought on the former general counsel and senior vice president of human resources for professional employer organization Lyons HR to its Atlanta office, strengthening its professional employer organization and staffing practice.
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May 06, 2024
13 Judges Boycott Columbia Clerks Over Protest Response
A group of 13 federal judges told Columbia University's president Monday they won't hire students who attend the university or its law school as clerks, calling it an "incubator of bigotry" for its handling of student protests over the Israeli-Palestinian conflict, according to a copy of their letter that U.S. District Judge Alan Albright shared with Law360.
Expert Analysis
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Tips For Establishing Associational Standing
Based on recent D.C. Circuit decisions, it's no longer a foregone conclusion that trade associations and other coalitions can demonstrate standing to challenge agency actions simply by asserting their members are affected, but additional efforts to explain how members meet the standing requirements can make a difference, say attorneys at Crowell & Moring.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
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Immigration Developments For Employers To Watch
Major reform is a nonstarter with Congress divided, but changes to visa programs for skilled workers, employee verification and the Deferred Action for Childhood Arrivals program are among the significant immigration trends that will unfold in the coming months, says Eileen Lohmann at BAL.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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118th Congress: Investigative Tools And Potential Defenses
As federal lawmakers’ investigative priorities for this term become clearer, potential subjects of congressional investigations must understand the tools at Congress’ disposal, as well as their own available defenses, to effectively navigate these inquiries, say attorneys at Gibson Dunn.
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118th Congress: Investigative Priorities And Rule Changes
Attorneys at Gibson Dunn lay out what companies and individuals can expect with regard to congressional investigations in the 118th Congress, from political priorities to new rules and authorities.
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Steps Lawyers Can Take Following Involuntary Terminations
Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.
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High Court Ax Of Atty-Client Privilege Case Deepens Split
The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.