Immigration

  • August 07, 2024

    Biden Trampled Free Speech With Israeli Sanctions, Suit Says

    A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.

  • August 07, 2024

    9th Circ. Says Age-Out Suit Not Permissible Before Removal

    Indian families waiting for green cards have lost their challenge to a policy that puts their children at risk of aging out of permanent residency, with the Ninth Circuit ruling they can only bring their case after obtaining a deportation order.

  • August 07, 2024

    Texas Flags Judge's Comments In Barrier Fight To 5th Circ.

    The state of Texas has raised concern to the Fifth Circuit about comments attributed to U.S. District Judge David A. Ezra that question whether the appeals court's recent opinion vacating his preliminary injunction requiring the state to relocate its 1,000-foot antimigrant buoy barrier in the Rio Grande is precedential.

  • August 07, 2024

    DOL's Legacy Online Labor Certification System To Sunset Dec. 1

    The federal government's legacy online system for providing public access to permanent labor certification applications and final determinations will retire in December and migrate users to a newer system that rolled out in 2019, the U.S. Department of Labor said Wednesday.

  • August 07, 2024

    7th Circ. Says Atty Inadequacy ID'ed Too Late In Asylum Case

    The Seventh Circuit on Tuesday refused to reopen a Mexican family's asylum proceedings despite finding that the family's attorney cost them their case by arriving unprepared at their immigration hearing, saying the family should have flagged the lawyer's ineffectiveness earlier.

  • August 06, 2024

    Wash. Again Sues GEO Group Over ICE Detention Inspections

    Washington state's health department has again sued The GEO Group, alleging that the private prison contractor has illegally blocked health officials from entering an ICE facility to investigate a rash of suicide attempts and hundreds of reports of unhealthy conditions.

  • August 06, 2024

    NYC Prof Found Guilty Of Acting As A Secret Chinese Spy

    A Brooklyn federal jury on Tuesday unanimously convicted an academic and author of secretly acting as an agent of the Chinese government by feeding information about Chinese dissidents and pro-democracy activists to China's intel service, following a weeklong jury trial, according to the U.S. Attorney's Office for the Eastern District of New York.

  • August 06, 2024

    1st Circ. Denies Removal Relief Over Bank Fraud Guilty Plea

    A Massachusetts resident facing deportation after pleading guilty to bank fraud couldn't convince the First Circuit to revive his efforts to stay in the country, after the circuit court ruled that the crime rendered him ineligible for removal relief.

  • August 06, 2024

    Ex-Pfizer Worker Who Traded On Paxlovid Secrets Gets 9 Mos.

    A Manhattan federal judge sentenced a former Pfizer Inc. statistician from New Jersey to nine months in prison Tuesday after a jury convicted him of insider trading on secrets about his former company's COVID-19 therapy trials for an illegal $272,000 profit.

  • August 06, 2024

    NC Farming Business Wants H-2A Forced Labor Claims Cut

    Farming companies accused of human trafficking, forced labor and underpaying H-2A foreign temporary workers have urged a Virginia federal judge to dismiss the workers' suit, saying they failed to show the companies brought them to the U.S. for "involuntary servitude."

  • August 06, 2024

    Ga. Judge Pauses ICE Doctor's Podcast Defamation Suit

    A Georgia federal judge agreed Monday to put the brakes on a former immigration facility doctor's defamation suit against Amazon and podcast publisher Wondery until the judge can decide whether the two media companies can be let out of the suit.

  • August 05, 2024

    Marriott Says NYC Hotels' Housing Of Migrants Violated Deal

    Marriott International Inc. has accused a hotel company in Jamaica, Queens, of breaching a contract by repurposing two properties for migrant housing while refusing to "de-identify" itself with the global hotel brand.

  • August 05, 2024

    Migrant Farmworker Contractor Must Face Trafficking Claims

    A Michigan federal judge has declined to dismiss claims from migrant farm laborers against a recruitment agency for human trafficking and seizing the passports of workers it brought to the U.S. through the H-2A program, saying the case should go to trial.

  • August 05, 2024

    High Court Rulings Doom Texas Suit Over DHS Asylum Limits

    A federal judge has dismissed Texas' challenge to a May 2023 rule limiting asylum at the southern border, finding that the Lone Star State has no standing to sue over the policy in light of several recent U.S. Supreme Court decisions.

  • August 05, 2024

    Feds, Immigration Orgs Say Texas Can't Join Asylum Suit

    The U.S. government and immigration advocacy groups are pushing back on Texas' bid to participate in litigation over a new Biden administration policy restricting asylum at the southern border, telling a D.C. federal judge the state lacks both standing and a "legally protectable interest" in the lawsuit.

  • August 05, 2024

    Carnival Agrees To Pay $72K To End Wage Fight With DOL

    A Michigan-based carnival agreed to pay $72,200 to the seasonal workers who built and operated rides and staffed games and food stands to resolve the U.S. Department of Labor's claims of underpaying them.

  • August 05, 2024

    Judge Nixes Camp's H-2B Application Over Late Submission

    A U.S. Department of Labor judge refused to revive a Christian camp's request to hire eight temporary food service workers, after the camp failed to report its efforts to fill those jobs with U.S. workers on time.

  • August 02, 2024

    Nonprofit Presses 5th Circ. To Keep 'Life-Saving' Parole Policy

    A Massachusetts community group called on the Fifth Circuit Friday to maintain an embattled immigration program allowing Haitian nationals to be paroled into the U.S., arguing the policy's critics haven't shown the program harms them.

  • August 02, 2024

    9th Circ. Revives Indian's Asylum Bid To Flee Persecution

    A split Ninth Circuit panel on Friday ruled the Board of Immigration Appeals wrongly denied an Indian national's asylum petition, saying the past threats and a beating he received from political opponents in India amounted to persecution.

  • August 02, 2024

    Improper Data Format Dooms Masonry Biz's H-2B Request

    A judge on the Board of Alien Labor Certification Appeals denied a masonry business' request to hire six brick masons on temporary visas, saying the company had failed to submit payroll data in the proper format as part of its request.

  • August 02, 2024

    Family Separation Trial Paused For Settlement

    A California federal court has paused a lawsuit from three families separated at the southwestern border under the Trump-era zero tolerance policy as they finalize a settlement with the Biden administration to resolve the suit.

  • August 02, 2024

    DC Circ. Says Precedent Allows H-1B Spousal Work Permits

    The D.C. Circuit on Friday upheld an Obama-era program authorizing some spouses of highly skilled foreign workers to get work permits, rejecting a challenge from an organization of former IT workers who say they are being displaced by temporary visa holders.

  • August 02, 2024

    Onion Packer To Pay Nearly $270K In Withheld OT Wages

    The U.S. Department of Labor said it recovered nearly $270,000 in back wages and damages for 76 onion farm laborers after the agency found an Idaho business had put them up in substandard housing and had not paid overtime wages.

  • August 02, 2024

    3 Candidates In Running To Replace Washington AG

    Washington voters on Tuesday will narrow the candidates aspiring to become the state's next attorney general, choosing from among a former U.S. attorney, a state lawmaker who was a county prosecutor, as well as a mayor and attorney who is a gun rights advocate.

  • August 01, 2024

    Feds Want Full Sentence Kept In Fla. Illegal Employment Case

    The U.S. urged a Florida federal court on Thursday to uphold the three-year prison sentence of a labor staffing company operator convicted in a conspiracy to hire migrants not authorized to work in the U.S., saying he's ineligible for a reduction because of his admitted role in the scheme.

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Expert Analysis

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • USCIS Can Take On The Semiconductor Workforce Gap Now

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    While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Opinion

    OFAC Designation Prosecutions Are Constitutionally Suspect

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    Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Employer Considerations For New I-9 Virtual Verification

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    A recently implemented Form I-9 option modernizes the process of employment eligibility verification by making pandemic-era virtual verification permanent, though employers will need to understand the option’s procedures and requirements to ensure compliance with all immigration laws, say attorneys at Littler.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Canada's H-1B Policy Leverages U.S. Green Card Backlog

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    Canada’s new policy allowing U.S. H-1B visa holders and their families to relocate and seek work in Canada takes advantage of the backlog in U.S. green card processing, and other countries seeking highly skilled workers trained in the U.S. are likely to follow suit, says Sarah Hawk at Barnes & Thornburg.

  • Ch. 11 Ruling Sets New Standard For Using Reinstatement

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    A New York bankruptcy court’s recent ruling in Golden Seahorse, which concluded that Section 365(b)(2)(D) of the U.S. Bankruptcy Code only creates a cure exception for nonmonetary defaults, sets a high bar for challenging the requirement to pay default interest as a condition to reinstatement of a loan agreement under a Chapter 11 plan, says Debra Dandeneau at Baker McKenzie.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Trends Emerge In High Court's Criminal Law Decisions

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    In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

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