Immigration

  • June 14, 2024

    Okla. Says Immigration Law In Harmony With Federal Rule

    Oklahoma is defending its new law enacting state penalties against undocumented immigrants from a challenge by the Biden administration, telling a federal court that the policy doesn't conflict with the federal immigration scheme.

  • June 14, 2024

    Voting Groups Seek $124K In Fees In Recently Tossed Ga. Suit

    A coalition of voting rights groups that challenged the legality of how Georgia adds newly naturalized citizens to its voter rolls asked a federal judge to award them more than $124,000 in attorney fees and costs after the case was dismissed midtrial.

  • June 14, 2024

    Justices Endorse 2-Step Notification System For Removals

    The U.S. Supreme Court on Friday said the federal government's practice of issuing multiple notices to migrants to advise them of removal proceedings is acceptable, ruling that in absentia removal orders can't be rescinded when the government fails to provide the location and time of immigration court hearings in a single document.

  • June 13, 2024

    Ending Flores Settlement Won't Endanger Children, Feds Say

    The Biden administration said a recent regulation it contends warrants winding down the 27-year-old Flores settlement governing health and safety standards for minors in immigration detention can address concerns that human rights organizations raised about the continued use of unlicensed facilities.

  • June 13, 2024

    Payroll Records Doom Restaurant's Bid For H-2B Bartenders

    A U.S. Department of Labor judge has refused to let a Maryland business hire eight foreign bartenders, saying payroll information undermined claims that the business was experiencing surging demand between the spring and fall.

  • June 13, 2024

    Legal Aid Org Wants DHS Records On Asylum Data Leak

    A legal services provider sued the U.S. Department of Homeland Security in California federal court, looking to force the agency to hand over records on its accidental disclosure of the personally identifiable information of more than 6,200 asylum seekers.

  • June 13, 2024

    Immigrant Bond Co. Says Sale Complied With $811M Order

    An immigrant bond company staring down an $811 million judgment for predatory lending practices is urging a Virginia federal court not to sanction it over its recent sale, saying the transaction complied with the judgment's restrictions on its operations.

  • June 13, 2024

    Southern Poverty Law Center Lays Off A Quarter Of Its Staff

    The Southern Poverty Law Center reduced its staff by a quarter Wednesday, including letting go the entirety of its Immigrant Justice team, according to statements shared by the nonprofit's union on the social platform X, with the SPLC in an email Thursday calling the layoffs part of an "organizational restructuring."

  • June 13, 2024

    Man Accused Of Posing As Immigration Atty Cops To Larceny

    A New York City man who was accused by city prosecutors of posing as an immigration attorney and fraudulently raking in legal fees pled guilty to a misdemeanor count of petit larceny and was sentenced to time served.

  • June 12, 2024

    New Border Rules 'Blatantly' Flout US Asylum Law, Suit Says

    Immigrant rights groups sued the Biden administration Wednesday in Washington, D.C., federal court over a new policy that largely halts asylum for migrants crossing the border in between ports of entry, saying the policy echoes unlawful Trump-era asylum bans.

  • June 12, 2024

    Landscaper's H-2B App Doomed By Missing Permanent Staff

    A Utah landscaper's efforts to hire 15 construction workers through the H-2B seasonal worker visa program was doomed by evidence that the company hadn't maintained a permanent workforce, according to a recent U.S. Department of Labor decision.

  • June 12, 2024

    USCIS Eases Security Measures For Naturalized Crime Survivors

    U.S. Citizenship and Immigration Services announced Wednesday that foreign-born survivors of crime will no longer be subject to heightened confidentiality measures once they obtain U.S. citizenship, in an effort to ease their ability to apply for more immigration benefits.

  • June 12, 2024

    DHS Watchdog Says Agency Must Improve Vetting, Screening

    The U.S. Department of Homeland Security is unable to effectively and fully screen and vet asylum-seekers with applications that have been pending for a while, along with noncitizens seeking admission to the U.S., the inspector general has found.

  • June 12, 2024

    Feds Urge 5th Circ. Against Fast-Tracking Parole Suit

    The Biden administration rebuked a Texas-led coalition's efforts to fast-track its challenge to an immigration program for Cubans, Haitians, Nicaraguans and Venezuelans, telling the Fifth Circuit the states won't suffer financial injury from the program while the case is underway.

  • June 12, 2024

    Construction Co. Owes $353K For H-2A Violations, DOL Says

    A Nebraska construction company operating in California must pay nearly $353,000 in back wages and fines for denying 43 workers their full wages and rights under the H-2A temporary worker program, the U.S. Department of Labor announced Wednesday.

  • June 11, 2024

    DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say

    The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.

  • June 11, 2024

    Ore. Horse Stable Hasn't Justified Adding 2 H-2B Trainers

    A U.S. Department of Labor judge rejected an Oregon stable's efforts to hire two horse trainers through the H-2B guest worker visa program, saying the stable hadn't shown why it specifically needed two extra workers.

  • June 11, 2024

    4th Circ. Unconvinced Migrant Siblings' Abuse Was Retaliatory

    The Fourth Circuit has refused to revive an asylum application from two Salvadoran siblings fleeing an abusive uncle, unconvinced that the uncle had targeted the pair in retaliation for their mother's reporting him to the police.

  • June 11, 2024

    NC Hair Braiding Biz Loses H-2B Bid Over Year-Round Need

    A North Carolina hair braiding business won't be able to hire three shampoo assistants after a U.S. Department of Labor appeals board found that an increase in business doesn't qualify as temporary need under the H-2B temporary foreign labor program.

  • June 11, 2024

    NY Courts Agree To Boost Translation Services After Bias Case

    New York state court officials instituted reforms and sealed an agreement with federal prosecutors on Tuesday related to claims that an upstate county denied Spanish-speaking defendants translation services in violation of their civil rights.

  • June 11, 2024

    Immigration Firm Says Rival Poached Workers And Stole TM

    A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase covered by its trademark — "Arreglar sin salir!" — which translates to "fix without leaving."

  • June 10, 2024

    Permanent Residents Say Iowa Removal Law Will Ensnare Them

    Immigrant advocacy group Iowa Migrant Movement for Justice responded on Monday in Iowa federal court to the state's argument that lawful permanent residents are exempted from a law empowering officials to arrest and remove previously deported noncitizens, saying no such exception exists.

  • June 10, 2024

    Labor Shortage Can't Justify Bid For H-2B Caregivers

    A U.S. Department of Labor judge rejected a home healthcare company's efforts to use an alleged national labor shortage to push through an application to hire foreign workers, saying the company hadn't shown the labor issue was likely to end.

  • June 10, 2024

    Ohio Judge Won't Free Feds From Wife's Visa Delay Suit

    An Ohio federal magistrate judge refused to free the U.S. Department of State from a lawsuit challenging a delayed green card application, rejecting officials' claims that an application pushed into administrative proceedings was outside the court's purview.

  • June 10, 2024

    Migrant Cleaners Rebuff Colo. Hotel's Bid To Ditch Wage Suit

    The migrant contractor staff that cleaned a Colorado luxury hotel slammed the hotel's efforts to escape claims of underpaying its workers, telling a Colorado federal court Monday that the hotel set the terms of their employment.

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Expert Analysis

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Key Employer Takeaways From USCIS' H-1B Visa Proposal

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    There are several steps employers can take, like reviewing job descriptions and assessing cap-exempt eligibility, to be well positioned for the sweeping changes that U.S. Citizenship and Immigration Services proposes to implement next year to improve the H-1B visa program, say Brian Coughlin and Angelica Ochoa at Fisher Phillips.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Lost In A Maze Of USCIS Policy On Child Immigration Status

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    A succession of U.S. Citizenship and Immigration Services policy updates, erroneous denials and conflicting messages have limited practitioners' ability to know which clients qualify under a federal law that protects children from aging out of their parents' immigrant petitions, say Jeffrey Galkin and Anna Stepanova at Murthy Law Firm.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    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.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    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.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    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.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    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.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    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.

  • EB-5 Investment Period Clarification Raises More Questions

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    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.

  • 5 Considerations for Year-End Immigration Budget Planning

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    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.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    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.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    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.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    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.

  • Strategic Succession Planning At Law Firms Is Crucial

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    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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