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Immigration
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October 24, 2024
DOL Says H-2A Farmworker Protections Must Remain
The U.S. Department of Labor urged a Georgia federal court to uphold its new protections for foreign H-2A farmworkers, arguing that conservative-led states' bid to block its rule should fail because safeguarding foreign workers is key to ensuring better pay and conditions for American-born farmworkers.
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October 23, 2024
Ex-Kia, Hyundai Workers Seek Conditional Cert. In FLSA Suit
Mexican nationals accusing Kia and Hyundai units of failing to pay overtime have urged a Georgia federal court to grant them conditional certification for their fair labor collective action claims, saying there are others who likely also didn't get proper wages.
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October 23, 2024
Split 9th Circ. Says Asylum 'Metering' Policy Flouts US Law
A split Ninth Circuit panel on Wednesday said federal immigration law requires U.S. officials to inspect asylum-seekers at the border, rejecting the Biden administration's argument that noncitizens must be physically standing on U.S soil to claim asylum.
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October 23, 2024
Think Tank Wants Judge To Redo Prince Harry Records Review
Conservative think tank the Heritage Foundation asked a D.C. federal judge to reconsider his denial of access to Prince Harry's visa records, saying the judge didn't follow the proper process for reviewing case records privately.
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October 23, 2024
Dems Urge DHS To Clear Immigrant Work Permit Backlog
Democratic lawmakers on Tuesday pushed the U.S. Department of Homeland Security to eliminate a growing backlog of immigrant work permit applications by the end of President Joe Biden's term, saying DHS should "surge" resources and streamline the application process.
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October 23, 2024
ICE, Nonprofits End FOIA Row Over Alleged Sterilization Docs
Three nonprofits dismissed their Freedom of Information Act lawsuit against U.S. Immigration and Customs Enforcement seeking records related to unnecessary and "nonconsensual" gynecological procedures performed on immigrant detainees at an ICE detention center in Georgia, according to a notice filed Wednesday in D.C. federal court.
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October 23, 2024
Russian Asylum Seeker Says ICE Is Unlawfully Detaining Her
A disabled Russian asylum seeker hauled U.S. Immigration and Customs Enforcement into Louisiana federal court, alleging the agency repeatedly refused to release her based on a cursory conclusion that she was a flight risk despite barely being able to walk.
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October 23, 2024
Texas Sues Biden Admin. To Get Voter Citizenship Status Data
Texas is hauling the U.S. Department of Homeland Security into court again, this time over allegations that the agency has refused to turn over information pertaining to the citizenship status of registered voters in the Lone Star State.
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October 22, 2024
Ex-Yale Student Wants Full Acquittal Record Sent To DHS
An expelled Yale University student on Tuesday urged the Second Circuit to quickly vacate orders barring him from giving the U.S. Department of Homeland Security an unredacted transcript that resulted in his acquittal of sex crimes, saying a delay could seal his deportation and thus his execution by the Taliban.
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October 22, 2024
10th Circ. Rebuffs GEO's Early Appeal In Forced-Labor Suit
The Tenth Circuit said Tuesday that GEO Group Inc. jumped the gun by appealing a Colorado federal judge's ruling that the private prison operator can't be shielded by derivative sovereign immunity from human-trafficking claims brought by immigrant detainees.
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October 22, 2024
1st Circ. Says 'Discrepancies' Doom Guatemalan's Asylum Bid
The First Circuit put to rest a bid for removal protection by a Guatemalan man who claimed he feared being sent home, pointing to "glaring discrepancies" between his written and oral testimony that the court said marked the end of his removal fight.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 21, 2024
Migrant Groups Say DeSantis Suit About Fraud, Not Politics
Groups suing Florida Gov. Ron DeSantis and other officials for allegedly tricking migrants into boarding a flight to Martha's Vineyard have told a Massachusetts federal judge that their case is not about politics, but about the fraud they say was perpetrated on 49 people for a photo op.
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October 21, 2024
Judge Says Wind Turbine Co. Can't Base H-2B App On 1 Deal
A U.S. Department of Labor judge refused a wind turbine company's request to hire seasonal workers for a contract, saying the project wasn't enough to prove the company was experiencing a labor shortage, when it regularly takes on contract work.
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October 21, 2024
Feds Say Texas Isn't Injured By DHS Spousal Parole Program
The Biden administration is urging a Texas federal judge to find its Keeping Families Together program is lawful, arguing the Lone Star state doesn't have standing to challenge the regulation since it can't show it's being injured by the program.
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October 21, 2024
Texas Asks Judge To Nix Rule Boosting Asylum Officer Power
The Lone Star State urged a Texas federal court to vacate a policy empowering asylum officers to approve asylum requests filed at the border, arguing the Biden administration overstepped by imbuing "mere employees" with a power reserved for appointed officials.
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October 21, 2024
Justices Nix GOP States' Intervention In Asylum Rule Talks
The U.S. Supreme Court on Monday denied a group of Republican states' attempt to intervene in settlement talks between immigrant rights groups and the Biden administration over a rule limiting asylum at the southern border.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Ex-Detainees Say Co. Can't Escape ICE Forced Labor Case
Former detainees of a Georgia immigration detention center are asking a federal judge not to let the private prison company that owned the facility out of a lawsuit accusing it of forcing them to work for as little as $1 a day.
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October 18, 2024
How Denver Made Migrant Busing Work In Its Favor
City of Denver officials began having discussions in 2022 about accommodating a potential influx of immigrants, amid reports of Texas Gov. Greg Abbott busing them out of his border state to Democratic cities.
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October 18, 2024
5th Circ. Won't Revive Immigrant Investors' RICO Suit
The Fifth Circuit refused to revive a Racketeer Influenced and Corrupt Organizations Act lawsuit brought by foreign investors who claim they were offered fraudulent franchise opportunities in the United States as a way to obtain residency visas, finding that the plaintiffs didn't allege a cognizable enterprise.
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October 18, 2024
Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest
The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.
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October 17, 2024
Va. Judge Signs Off On Prolonged Detention Suit Settlement
A Virginia federal judge has given final approval to a settlement between the American Civil Liberties Union of Virginia and U.S. Immigration and Customs Enforcement ending class claims accusing the agency of detaining immigrants in the District of Columbia and Virginia after they'd been granted relief from removal.
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October 17, 2024
Split 9th Circ. Says Traffic Delays Didn't Warrant Deportation
A split Ninth Circuit has overturned the deportation order of a Guatemalan woman who was late to court after two major accidents turned a two-hour drive into a four-hour one, saying the immigration judge who ordered her removed had failed "to consider the totality of the circumstances."
Expert Analysis
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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EB-5 Investment Period Clarification Raises More Questions
U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.
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5 Considerations for Year-End Immigration Budget Planning
Courtney Noce and Miriam Thompson at Greenberg Traurig offer insights to help companies with year-end immigration budget planning, a complex process with many factors affecting expenses, from changes in corporate policy or structure, to anticipated fee increases and the uncertainties inherent in visa processing.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Tips For Student Visa Applicants Mired In Processing Delays
Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
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.