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Immigration
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July 22, 2024
DHS Adds Environmental Economics To List Of STEM Fields
The U.S. Department of Homeland Security said Monday that foreign students on F-1 visas who earn degrees in environmental and natural resource economics can now seek up to three years of employment in the U.S. after graduation.
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July 22, 2024
Texas Wants Place In Fight Over Biden's Asylum Law
The state of Texas is seeking to intervene in a D.C. federal court lawsuit challenging a new federal policy that restricts asylum at the southern border, saying that it does not trust the Biden administration to defend the executive authority used to issue the rule.
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July 22, 2024
NYC Says Migrant Busing Has Stopped Amid Border Curbs
New York City retreated from its pending motion in state court to block eight charter bus companies from contracting with Texas to transport migrants to the city, saying the busing has already stopped after the Biden administration implemented new border policies.
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July 19, 2024
Prison Biz Urges 9th Circ. To Keep Inspection Law Blocked
Private prison operator GEO Group Inc. has urged the Ninth Circuit to keep a Washington law allowing for the surprise inspection of its immigration detention center blocked, arguing the law was specifically enacted to shut down its facility.
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July 19, 2024
Judge Presses Govt. On Immigrants' Vetting Delays
A Washington federal judge on Friday pushed the government to defend a special national-security immigration vetting program, suggesting that delays in processing applications have left many people seeking citizenship and green cards in "no man's land."
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July 19, 2024
Atlanta Strikes Deal To End Ex-Worker's Retaliation Suit
The city of Atlanta has reached a deal with its former immigrant affairs director to resolve her lawsuit alleging she was fired after blowing the whistle on failures in the city's immigrant outreach services, according to a filing in Georgia federal court.
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July 19, 2024
Feds Deny That Advocate Suit Forced Immigration Change
The Biden administration rebuked immigration advocates' request for $3.7 million for challenging Trump-era orders ending immigration protections for people from conflict zones, arguing they couldn't claim they won the case just because the new administration undid its predecessor's policy.
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July 19, 2024
1st Circ. Says Refugee's Evidence Of Persecution Was Ignored
A refugee facing removal for firearm offenses has another chance at staying in the U.S., as the First Circuit found an immigration judge failed to consider whether his family was persecuted while escaping Liberia during a genocide.
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July 18, 2024
'Dreamer' Sues California Credit Union Alleging Loan Bias
University Credit Union violated both federal and California antidiscrimination laws by withdrawing a woman's auto loan because she was a Deferred Action for Childhood Arrivals program recipient, the woman alleged in a proposed class action filed Thursday in California federal court.
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July 18, 2024
Split 9th Circ. Panel Backs Restoring DHS Bond Rule
A Ninth Circuit panel upheld a Department of Homeland Security rule barring some immigration surety firms from posting bonds for detained border-crossers Thursday, saying the rule's 2021 ratification by current Homeland Security Secretary Alejandro Mayorkas cured any defects with its original introduction in 2020.
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July 18, 2024
Shelter Ignored Workers' Sex Abuse Of Migrant Kids, Feds Say
The nation's largest housing provider for unaccompanied migrant children for years turned a blind eye to its employees raping, sexually abusing and harassing children in its care, the U.S. Department of Justice said Thursday in announcing its lawsuit filed in Texas federal court.
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July 18, 2024
DOJ, Treasury Target Mexico-Based Human Smuggling Group
A Sierra Leone national and his wife are facing criminal charges and sanctions for their roles in an alleged human smuggling organization that brought thousands of migrants into the United States, federal prosecutors have announced.
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July 18, 2024
4th Circ. Deems Paying For Sex 'Immoral' In Deportation Case
The Fourth Circuit denied a Salvadorian man's petition to stop his removal from the U.S. in a precedential ruling that soliciting prostitution is a "crime of moral turpitude" that disqualifies him from getting his deportation canceled even if the public stigma surrounding sex work is reducing.
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July 18, 2024
Las Vegas Developer Says SEC's EB-5 Fraud Suit Falls Short
A Las Vegas developer urged a Nevada federal judge to toss securities regulators' allegations she misappropriated $10 million raised by overseas investors hoping to come to the U.S. to pay down a loan for a project unconnected to their applications, arguing Wednesday the regulators fail to allege a wrongful state of mind.
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July 18, 2024
Au Pair Co. Can't Arbitrate Wage Claims, 1st Circ. Told
A group of former au pairs who say they were underpaid for their work has urged the First Circuit to affirm that Cultural Care can't force them into arbitration in Switzerland, calling the agency's position a delay tactic with no merit.
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July 17, 2024
Immigrant Bond Cos. Appeal Injunction After $811M Loss
Immigrant bond companies subject to an $811 million judgment for abusive bonding practices told the Fourth Circuit that a lower court's injunction against them is vague and far broader than federal law allows.
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July 18, 2024
CORRECTED: Green Card Process For Mixed-Status Families Opens Aug. 19
The Biden administration said Wednesday that unauthorized spouses and children of U.S. citizens can start applying on Aug. 19 for a new program that will allow them to get green cards without having to leave the country, in addition to other announcements aimed at increasing access to counsel in immigration courts and boosting noncitizens' ability to work. Correction: An earlier version of this story misstated the start date of the parole-in-place program for unauthorized spouses and children of U.S. citizens. The error has been corrected.
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July 17, 2024
Workers Claim Trucking, Visa Cos. Ran Labor Scam
Two African immigrants have accused a trucking company and an immigration services firm of running a yearslong enterprise to force workers from abroad to perform dangerous and unsafe work.
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July 17, 2024
ICE Doesn't Have To Reveal Sources, 2nd Circ. Says
An Ecuadorian man couldn't convince the Second Circuit to toss out a removal order based on a U.S. Immigration and Customs Enforcement officer's failure to explicitly explain how the agency learned he wasn't a U.S. citizen.
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July 17, 2024
Death Threats Not Enough For 2nd Circ. To OK Asylum
The Second Circuit on Wednesday rejected an asylum application from a Nepali man who claimed to be fleeing political persecution from Maoist partisans, unconvinced that the threats against his life were serious enough.
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July 17, 2024
Judge Says Atty Shouldn't Be Deported For Crash Scheme
A Michigan federal judge on Wednesday urged federal officials not to deport a Canadian attorney sentenced for his involvement in an illegal crash victim solicitation scheme, saying that outside of the scheme, the attorney has a "hell of a lot" to offer the community.
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July 16, 2024
EB-5 Investors Seek Sanctions Over 'Flight Risk' Defendant Info
Two dozen Chinese investors who alleged that $13.2 million worth of their investments in a Hawaii resort went missing has urged an Illinois federal judge to sanction developers for not giving them important case information, including contact information for one defendant who they said is an "obvious flight risk."
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July 16, 2024
Feds Contest Texas DA's Immunity In Migrant Arrest Law Fight
Nonprofits challenging Texas' migrant arrest law have urged the Fifth Circuit to reject Texas District Attorney Bill Hicks' claim of immunity, saying his argument that the Fifth Circuit's ruling in a separate case over changes to the state's election code is meritless.
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July 16, 2024
Separated Families Worry Trial Delay Would Weaken Memories
Families seeking redress for alleged psychological harms suffered under the Trump administration's zero-tolerance border policy are urging a California federal court not to grant the government's request to delay their trial, saying natural memory lapses would undermine their case.
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July 16, 2024
Texas Says Maritime Expert Shouldn't Testify In Barrier Fight
Texas moved to exclude a maritime expert witness for the U.S. government in its case challenging the state's barrier installed on the Rio Grande aimed at countering increasing migration, arguing on Tuesday the proposed witness, who plans to testify the barrier obstructs navigability, isn't an expert on buoys, booms or floats.
Expert Analysis
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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New Fla. Immigration Law May Have Crippling Effects
Florida's new immigration law, which went into effect on July 1, will be especially burdensome in industries where retaining adequate staff is already an issue, so employers must assess their staff and thoroughly examine their employee records to check that all documentation is valid to avoid crippling fines and loss of licenses, says Trent Cotney at Adams and Reese.
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A Blueprint For Addressing The Immigration Court Backlog
Since 2009, far more persons have been placed in removal proceedings than U.S. immigration courts could accommodate, but the government can reduce the 1.9 million-case backlog with steps that include reforming the court and the broader immigration system in a way that still prioritizes both due process and immigration enforcement, says Donald Kerwin at the Center for Migration Studies.
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How Multiagency Sanctions Enforcement Alters Compliance
Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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H-1B Registration System Is Broken But Not Beyond Repair
Recent U.S. Citizenship and Immigration Services statistics confirm that the H-1B registration system, the primary path to U.S. employment for high-skilled foreign nationals, is in dire straits, but ongoing transparency, a willingness to seek input from stakeholders and thoughtful regulatory reforms could ensure its continued viability, say attorneys at Berry Appleman.
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A Midyear Look At Expected Changes In Business Immigration
While legislative immigration reform remains a nonstarter this year, U.S. businesses and their advisers should keep an eye on agency-level regulatory efforts that are underway, which may bring significant changes to filing fees, employment verification, visa renewal processing and more, says Rami Fakhoury at Fakhoury Global.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Pugin Ruling Lowers Bar For Felony-Based Deportation
The U.S. Supreme Court's recent decision in Pugin v. Garland that an offense may constitute an obstruction of justice aggravated felony, even when an investigation or proceeding is not pending, may allow the government to seek deportation for other low-level offenses never intended to be grounds for felony-based deportation, says Peter Alfredson at Capital Area Immigrants' Rights Coalition.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.