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Immigration
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April 18, 2024
Texas Says Justices' Takings Decision Saves Its Arrest Law
Texas has pointed the Fifth Circuit to a recent U.S. Supreme Court decision, arguing that it supports the state's bid to undo a district court injunction blocking state officials from arresting and deporting immigrants suspected of crossing the border unlawfully.
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April 18, 2024
BNP Paribas Can't Escape Suit Over Sudan's Rights Abuses
A New York federal judge on Thursday largely denied BNP Paribas SA's request for an early win in a lawsuit accusing it of funding the former Sudan government's human rights violations, saying the Sudanese refugee plaintiffs have pointed to a "multitude of proofs" showing the bank's "conscious assistance" and knowledge of Sudan' genocidal acts.
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April 18, 2024
Weather Data Dooms Co.'s H-2B Visa Bid For Warm Months
A U.S. Department of Labor judge rejected a concrete company's efforts to hire seasonal workers from spring to fall, pointing out that its weather data undermined claims that it was seeking workers during warm-weather months favorable to concrete work.
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April 18, 2024
Feds Say Texas' Asylum Fight Must Go After La. Suit Got Axed
The Biden administration told a Texas federal judge Wednesday that the Lone Star state's lawsuit challenging a Biden administration rule broadening immigration officers' power to expedite asylum applications must be tossed in light of a recent decision in Louisiana throwing out nearly identical claims lodged by 19 Republican-led states.
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April 18, 2024
DHS Watchdog Finds Use Of Force Issues In Fla. ICE Facility
Officers at a U.S. Immigration and Customs Enforcement detention facility in Miami used inappropriate force on detainees, including pepper-spraying a harmless and isolated individual through a slot in a cell door, according to a government watchdog report.
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April 18, 2024
Immigrant Sues USCIS Over Denial Of I-130 Bids For Children
A naturalized U.S. citizen sued the U.S. Citizenship and Immigration Services on Wednesday, demanding the agency reverse a decision that she said improperly denied her I-130 petitions for permanent residency for her four children.
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April 17, 2024
Salvadoran Deported By Mistake Ends Suit Over Injuries Abroad
A Salvadoran man who was wrongly deported by U.S. Immigration and Customs Enforcement has ended his suit over the abuse he suffered in a Salvadoran prison, after reaching a settlement with the federal government, according to Massachusetts federal court documents.
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April 17, 2024
Lack Of Standing Sinks GOP States' Asylum Policy Challenge
A Louisiana federal judge dismissed Republican-led states' lawsuit attacking a Biden administration rule that facilitates the quick adjudication of asylum applications at the border, saying the states failed to link an alleged increase in asylees to increased public benefit costs.
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April 17, 2024
Senate Dems Make Short Work Of Mayorkas Impeachment
Senate Democrats on Wednesday followed through on a promise to quickly dismiss articles of impeachment against U.S. Department of Homeland Security Secretary Alejandro Mayorkas, sidestepping a trial despite Republican opposition and attempts to postpone the proceedings.
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April 17, 2024
WashU Medical School Settles Claims Of Asylee Bias, Firing
The Washington University School of Medicine in St. Louis has settled claims that it fired a worker who complained that he was being forced to prove he held asylum, according to the U.S. Department of Justice.
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April 16, 2024
GEO Asks Judge To Again Bar NJ Immigration Detention Law
GEO Group has asked a New Jersey federal judge in a new complaint to enjoin enforcement of a state law prohibiting private detention facilities from contracting with federal immigration authorities, saying the judge had already barred the law's enforcement against a fellow prison operator, CoreCivic.
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April 16, 2024
7th Circ. Open To Religious Workers' Visa Rule Challenge
Religious institutions trying to revive their challenge to a visa regulation they contend unfairly strips work authorization from foreign ministers seemed to strike a chord with a Seventh Circuit panel on Tuesday, which suggested the rule might disadvantage religious workers.
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April 16, 2024
Son's Health Issues Not Enough To Prevent Dad's Deportation
A father could not convince the Tenth Circuit on Tuesday that his son's medical and educational issues warranted reopening his deportation case, his efforts to stay in the country undercut by evidence that the boy's condition was treatable.
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April 16, 2024
Judge Won't Rethink Wash. ICE Detention Hygiene Bill Injunction
A Washington federal judge stood by his month-old ruling that blocked the state from conducting surprise inspections at an immigration detention facility, saying the state hadn't shown that his decision was legally incorrect.
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April 16, 2024
Credit Union And 'Dreamers' Get Initial OK To Settle Bias Suit
A California federal judge preliminarily approved a settlement offering cash to individuals who accused Alliant Credit Union of denying them loans for being asylum claimants, recipients of the Deferred Action for Childhood Arrivals program or dependents of employment-based visa holders.
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April 15, 2024
Gov't Says Mich. Court Lacks Authority Over U-Visa Delay Suit
The federal government on Friday urged a Michigan federal court to toss a proposed class action alleging unreasonable decision delays in U-visa petitions, saying the court wouldn't be able to cure the visa-seeking plaintiffs' alleged harm of being unable to work.
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April 15, 2024
Counties Say Colo. Can't Limit Their Cooperation With ICE
Two Colorado counties filed a lawsuit Monday challenging state laws that restrict how local governments can work with federal immigration authorities, arguing that the state constitution forbids such interference with a local government's ability to cooperate with the federal government.
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April 15, 2024
Bond Co. Asks For Life-Saving Pause On $811M Fine
Immigration bonding company Libre by Nexus Inc. has begged a Virginia federal court for more time to pay an $811 million judgment for predatory bonding practices, saying it would collapse if forced to pay before it can execute its transfer to a new owner.
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April 15, 2024
Feds Tells Justices US Citizen Lacks Interest In Spouse's Visa
The U.S. State Department told the U.S. Supreme Court on Friday that U.S. citizens don't have a constitutional right to know why consular officers deny their spouses' visas, saying that any requirement to provide an explanation would raise national security concerns.
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April 15, 2024
Justices Revive 7 Immigration Appeals After Hardship Ruling
The U.S. Supreme Court on Monday granted certiorari in seven cases and remanded all of them in light of its recent ruling that circuit courts have the authority to review hardship determinations in immigration appeals.
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April 15, 2024
Justices Won't Hear Challenge To Wash. Voting Rights Law
The U.S. Supreme Court declined Monday to consider whether Washington's voting rights law made race the predominant factor in redistricting, in a case involving a rural county with a slim majority of Latino voters.
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April 12, 2024
GEO Seeks Wash. ICE Detention Law's Permanent End
Private prison operator GEO Group Inc. told a Washington federal court judge that the fact the court found parts of a law aimed at improving private prison standards unconstitutional meant the court should permanently bar the law's enforcement.
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April 12, 2024
Berry Appleman Faces Disability Bias Suit By Ex-Tech Lead
Global immigration law firm Berry Appleman & Leiden is facing a disability discrimination suit filed Friday in Texas federal court by its former software tech lead, who says the firm set him up to fail when he sought reasonable accommodations for a coding project due to side effects from his medication.
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April 12, 2024
House To Retry Spy Bill After Warrant Measure Fails By 1 Vote
The U.S. House of Representatives on Friday voted to reauthorize government surveillance of foreigners without warrants, only to have a Florida Republican call for a reconsideration vote for Monday to require warrants for spying on Americans' communications caught up in the surveillance.
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April 12, 2024
Split 6th Circ. Orders BIA To Rethink Iraqi Man's Asylum Bid
A divided panel of the Sixth Circuit has published an opinion ruling that the U.S. Board of Immigration Appeals did not properly consider new evidence in an Iraqi man's asylum petition under the Convention Against Torture, with one judge dissenting to say the board did not abuse its discretion.
Expert Analysis
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Foreign Labor Certification Website Still Structurally Limited
Though the U.S. Department of Labor's Office of Foreign Labor Certification has shown encouraging responsiveness in correcting at least one major issue with its online portal, several sources of frustration — including employers' limited access to filed applications — still require fixing, says Michael Morton at Fakhoury Global.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Perspectives
Immigration Board Must Mend Choice Of Law Post-Garcia
The Board of Immigration Appeals must revisit the choice of law standard recently established in Matter of Garcia, which fails to establish predictability, upsets the settled expectations of parties' remanded cases and unfairly tips the scale in the government's favor, says Monica Mananzan at the Capital Area Immigrants' Rights Coalition.
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Fla. Foreign Real Estate Law Brings Broad Investment Risks
Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.
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Roundup
Inside Immigration Court
In this Expert Analysis series, immigration judges discuss best practices for attorneys who appear before them and important developments in immigration court practice.
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Opinion
Federal Law Should Recognize And Protect Stateless People
The government should protect the 200,000-plus people living in the U.S. with no recognized claim to citizenship under any country's laws by defining statelessness, providing benefits like green card eligibility and a path to citizenship, and issuing guidelines for federal officers evaluating statelessness cases, say Samantha Sitterley at United Stateless and Charles Johnson at Akin Gump.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Series
Inside Immigration Court: The Pros, Cons Of Remote Hearings
Technology introduced during the pandemic has improved the quality and efficiency of virtual immigration court hearings, but concerns still linger over the court system's ability to provide full and complete simultaneous interpretation in these hearings, as well as its effect on due process, says Immigration Judge Mimi Tsankov.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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New Foreign Labor Certification Form Brings Complications
Ambiguities in a question on the Office of Foreign Labor Certification's new application for permanent employment certification could serve as a trap for attorneys and sponsoring employers, as it's unclear how it will be interpreted by both the OFLC and the U.S. Citizenship and Immigration Services, says Michael Morton at Fakhoury Global.
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Ensuring I-9 Compliance As Remote Flexibility Sunsets
Employers that took advantage of remote document inspection in their I-9 employment eligibility verification processes under COVID-19 accommodations must physically reinspect such documents and make other adjustments to bring their records into compliance before Aug. 30, say attorneys at Duane Morris.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.