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Immigration
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December 13, 2024
DOL Board Says Agency Can Revoke Prior H-2B Registrations
The Board of Alien Labor Certification Appeals has affirmed a U.S. Department of Labor officer's decision to deny a Texas fabrication company's request to temporarily hire dozens of foreign metalworkers and to revoke its previously approved registration number for the H-2B visa program.
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December 13, 2024
Wash. School District Settles Civil Rights Probe By DOJ
The U.S. Department of Justice said this week that it reached an agreement to end an investigation into severe and widespread harassment of Black, Latino and LGBTQ+ students in an eastern Washington school district.
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December 13, 2024
White House Reviewing 2nd Half Of H-1B Modernization Rule
With just over a month to go before the inauguration, the White House is reviewing the second half of a regulation to overhaul the H-1B temporary visa program for specialty occupations, the last step before the rule can be finalized.
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December 12, 2024
DHS Must Do More For Acquisition Staff Troubles, GAO Says
The U.S. Department of Homeland Security is not doing all it can to address the workload and hiring challenges its acquisition workforce is facing, according to a U.S. Government Accountability Office report released on Thursday.
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December 12, 2024
Judge Says Pay Owed After Texas Co. Benched H-1B Worker
A Department of Labor judge said a Houston engineering company owes a former H-1B worker nearly $57,000 in wages since it "benched" the worker without pay for months after a third-party contract collapsed during the COVID-19 pandemic.
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December 12, 2024
Immigrant Rights Groups Slam DHS 'Manifestation' Standard
Immigrant rights organizations challenging the Biden administration's directive curtailing asylum at the southern border told a D.C. federal judge that the administration's latest brief confirms the updated rule goes far beyond what Congress authorized.
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December 12, 2024
Prison Co. Says Jurors Shouldn't See ICE Facility In TVPA Suit
Private prison operator Geo Group urged a Colorado federal judge to deny immigrant detainees' request to show jurors the inside of its detention facility in a trafficking case, including the size of housing units, arguing Wednesday the facility's size will not be relevant when determining whether detainees performed forced labor.
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December 12, 2024
DHS Unveils New Evidence Requirements For Entrepreneurs
U.S. Citizenship and Immigration Services on Thursday updated and expanded the types of evidence foreign entrepreneurs can submit to get temporary admission to the U.S. under a program designed to encourage U.S. startups and spur economic growth.
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December 11, 2024
4th Circ. Unsure Judges' Free Speech Suit Belongs In Court
A Fourth Circuit panel appeared skeptical Wednesday that courts could hear a challenge from the immigration judges' union to a policy it contends restrains their free speech rights, suggesting that recent U.S. Supreme Court precedent would doom the appeal.
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December 11, 2024
Dem Senators Urge Biden To Extend Immigrant Protections
Several Democratic senators on Wednesday urged President Joe Biden to use his final days in office to bolster temporary protected status protections for several countries and expedite the renewal process for Deferred Action of Childhood Arrivals recipients.
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December 11, 2024
DHS Confirms 4th Chinese Nationals Removal Flight This Year
More Chinese migrants were deported from the U.S. via chartered flight Monday as part of the federal government's policy imposing harsher penalties for those who enter the country illegally, marking the fourth large-scale removal flight to China in the last six months, the Department of Homeland Security said Wednesday.
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December 11, 2024
Border Protection Says It's Swamped With FOIA Requests
U.S. Customs and Border Protection told a judge it is working to hand over records Texas Attorney General Ken Paxton requested months ago, but said a spike in document requests has made it "almost impossible" to meet Freedom of Information Act deadlines.
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December 11, 2024
Cross-Border Criminal Antitrust Trial Will Stay In Houston
A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.
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December 10, 2024
BNP Paribas Seeks High Court Appeal In Sudan Refugee Case
BNP Paribas has urged the U.S. Supreme Court to clarify the standard for permitting immediate appeals of class certifications, arguing the Second Circuit was wrong to deny it such review in a class action accusing the bank of enabling human rights abuses in Sudan.
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December 10, 2024
Use Of 1798 Law For Mass Removals Could Be Tough Sell
If President-elect Donald Trump follows through with his promise to invoke the Alien Enemies Act of 1798 to deport millions of unauthorized immigrants, he may have an uphill battle convincing federal courts that the law can be used to quell an immigrant "invasion."
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December 10, 2024
Fed. Circ. Says IT Cos. Can't Duck $4K H-1B Petition Fees
The Federal Circuit on Tuesday rejected software companies' attempt to secure a refund on H-1B visa petition fees for U.S.-based noncitizens, saying the fee is applicable regardless of whether the workers are already in the country or not.
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December 10, 2024
AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive
The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.
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December 10, 2024
8th Circ. Remands Sexual Misconduct Removal Case
The Eighth Circuit sent a Minnesota man's removal case back to immigration court for further review after finding that the third-degree sexual misconduct statute that he pled guilty to doesn't fall within the federal definition of rape that would allow him to be removed.
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December 10, 2024
DHS Makes Automatic Work Permit Extensions Permanent
The U.S. Department of Homeland Security said Tuesday it's permanently increasing the automatic extension period for expiring work authorization to 540 days, giving a boost to eligible immigrant workers who may otherwise confront a lapse in their permission to work.
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December 10, 2024
High Court Bars Judicial Review Of Revoked Visa Petitions
The U.S. Supreme Court on Tuesday held that revocations of previously approved visa petitions cannot be appealed in federal courts because they are discretionary agency decisions that are not subject to judicial review.
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December 09, 2024
Feds Cite 9th Circ. In Bid To End Texas' Migrant Transit Law
The Biden administration and immigrant advocacy groups told a Texas federal court that a recent Ninth Circuit decision backed their bid to strike down a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants.
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December 09, 2024
Healthcare Facilities Biz Settles DOJ Citizenship Bias Claims
Healthcare Services Group Inc. and one of its affiliates have agreed to pay roughly $17,400 in penalties and lost wages and benefits to put to rest the U.S. Department of Justice's allegations the company discriminated against prospective employees based on citizenship status, the Justice Department announced Friday.
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December 09, 2024
1st Circ. Gives Salvadoran Another Shot At Asylum Bid
The First Circuit has ruled that an immigration judge and later the Board of Immigration Appeals may have erred in denying a Salvadoran man's bid for asylum by not fully considering the risk of torture and persecution he faced in his home country.
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December 09, 2024
5th Circ. Revives Yemeni Man's Bid To Recover Atty Payment
The Fifth Circuit on Monday revived a Yemeni man's bid to recover over $800,000 from his former attorney, saying a bankruptcy court didn't fully flesh out whether equitable tolling was warranted if the attorney secretly transferred the money elsewhere.
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December 09, 2024
19 Republican AGs Win Order Against DACA Health Coverage
Nineteen states secured an order on Monday that bars the federal government from requiring them to comply with a regulation that extends federal health coverage to immigrants brought to the U.S. as children without authorization, blocking enforcement of a Biden administration rule.
Expert Analysis
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Perspectives
Immigration Detention Should Offer Universal Legal Counsel
Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.