Immigration

  • October 01, 2024

    Ex-DHS GC Returns To Sheppard Mullin As Nat'l Security Head

    The U.S. Department of Homeland Security's former general counsel Jonathan Meyer has bounced between the agency and Sheppard Mullin Richter & Hampton LLP since 2016, and now after three years as DHS' top lawyer, the firm said Tuesday he's returning to lead its national security group in D.C.

  • September 30, 2024

    'I Was Excluded,' White Ex-Cognizant Worker Tells Jury

    A former Cognizant employee testifying for a class of former workers alleging the company is biased in favor of Indian employees corrected an attorney on Monday when asked if she "felt excluded" at the company, insisting, "Well, I was excluded."

  • September 30, 2024

    Texas' Standing Theory Yet To Be Tested At High Court

    Litigation challenging federal immigration policy has become a cornerstone for both Democratic and Republican-led states, but Texas-led suits have introduced a unique theory of standing that has yet to be tested in the U.S. Supreme Court.

  • September 30, 2024

    If Not Asylum Curbs, What Else? Mayorkas Says In Defense

    U.S. Secretary of Homeland Security Alejandro Mayorkas pointedly criticized those who have condemned new restrictions on asylum-seekers, saying Monday the limits must be viewed in light of a need for order at the southern border.

  • September 30, 2024

    Biden Admin Expands Asylum Curbs At Southern Border

    The Biden administration on Monday quadrupled the length of time during which stringent asylum restrictions that were introduced in June will remain in effect.

  • September 30, 2024

    Irish Jockey's EB-1 Visa Suit Won't Cross Finish Line

    An Irish jockey can't sue federal officials for denying his application for U.S. citizenship because his application process was still open, even if only so he can try to explain why it shouldn't be closed, a Pennsylvania federal judge ruled Monday.

  • September 30, 2024

    Texas Says 5th Circ. Border Buoy Ruling Is No Court Split

    The federal government and the state of Texas are at odds over how much weight a Fifth Circuit en banc opinion that halted the removal of a 1,000-foot buoy barrier in the Rio Grande should carry, with the Lone Star State rebuking the assertion that the en banc proceedings produced a nine-nine, non-precedential split.

  • September 30, 2024

    Logistics Co. Wants Out Of Worker Visa Misuse Class Action

    A Georgia logistics company accused of luring skilled workers from Mexico to the U.S. with empty promises of well-paying technical jobs asked a federal judge Friday to be let out of the proposed class action for want of any ties to the plaintiffs' alleged mistreatment.

  • September 30, 2024

    DOL Judge Accepts Trucking Terminal As H-2B Worksite

    A U.S. Department of Labor judge allowed an agricultural company to resubmit a request to temporarily hire noncitizen truckers to deliver fertilizer throughout Nebraska, saying the company didn't have to detail the truckers' delivery routes when describing their worksites.

  • September 30, 2024

    DOL Says Fabricator Can't Get H-2B Workers For One Project

    A fabrication company found no support from a U.S. Department of Labor judge for its request to hire 150 foreign welders and fitters, with the judge taking issue with the company's explanation that the workers were needed for one project.

  • September 27, 2024

    Sick Juror Goes Virtual To Keep Cognizant Trial On Track

    A California federal judge proposed an "outside the box" idea Friday after a juror in a trial considering allegations that Cognizant Technologies is biased in favor of Indian workers came down with COVID-19, allowing the juror to view the proceedings from home via video.

  • September 27, 2024

    Ex-Citizens' Renunciation Fee Suit Shipped To Claims Court

    A D.C. federal judge ruled that a lawsuit brought by former U.S. citizens seeking a refund on their $2,350 citizenship renunciation fee belongs in the Court of Federal Claims.

  • September 27, 2024

    States Tell Justices They Belong In Asylum Settlement Talks

    Five Republican-led states pressed the U.S. Supreme Court to let them participate in the Biden administration's settlement discussions with immigration groups challenging asylum restrictions, arguing their input is necessary to prevent the administration from ceding the policy at the table.

  • September 27, 2024

    Texas Judge Lets Paxton Probe Of Immigration Nonprofit Go On

    Nonprofit legal services provider Las Americas Immigrant Advocacy Center lost a bid on Friday to halt the Texas attorney general's investigation of the organization's activities, with a federal judge saying the group waited too long to file its complaint.

  • September 27, 2024

    Iowa Vet's Bid For H-2B Breeders Doomed By Lack Of US Staff

    An Iowa veterinary practice's request to temporarily hire foreign horse breeders for its reproductive center was doomed by its failure to show the center had full-time U.S. staff, according to a decision from a U.S. Department of Labor administrative law judge.

  • September 26, 2024

    Cognizant's Level Of Indian H-1B Workers 'Unusual,' Jury Told

    A Howard University professor testifying as an expert for a class of former Congizant Technologies employees alleging the company has a bias in favor of Indian workers told a California federal jury Thursday the fact that 99% of Cognizant's H-1B visa workers are from India is "unusual" and demonstrates a "cultural preference."

  • September 26, 2024

    GEO Agrees To Let Labor Inspectors Into Wash. ICE Facility

    A Washington federal judge on Wednesday signed off on an agreement between the state of Washington and private prison operator GEO Group Inc. to allow state labor inspectors access to an immigration detention facility GEO owns and operates for U.S. Immigration and Customs Enforcement.

  • September 26, 2024

    8th Circ. Probes Standing In Fight Over Iowa Immigration Law

    An Eighth Circuit panel on Thursday questioned an immigrant rights group's prerogative to challenge a new Iowa law criminalizing the presence of previously deported noncitizens, pushing back on the organization's alleged "irreparable harm" from the statute.

  • September 26, 2024

    Religious Nonprofit Can Keep Refugee Aid Contracts For Now

    Michigan will abandon its bid for early termination of contracts awarded to a Christian adoption and refugee agency while the organization's lawsuit, alleging the state forced it to hire non-Christians to qualify for contracts, plays out in federal court.

  • September 26, 2024

    Offended Texas Judge Formally Vacates Buoy Injunction

    A Texas federal judge who took umbrage at a state attorney's suggestion that he may ignore the Fifth Circuit's instruction to lift his injunction on the state's buoy barrier in the Rio Grande ceded to the appellate court on Thursday.

  • September 26, 2024

    Immigrant Legal Aid Group Sues Over Texas AG's Probe

    The nonprofit legal services provider Las Americas Immigrant Advocacy Center filed a federal lawsuit Wednesday accusing Texas Attorney General Ken Paxton of trying to chill protected activity — suing two days before it was due to turn over information from the low-income immigrants it serves to the AG.

  • September 25, 2024

    Ex-Cognizant Worker Says Co. 'Mandate' Was To Hire Indians

    A former employee at Cognizant Technology testified Wednesday as a witness for a class of former employees alleging the company discriminates against non-Indian workers, and said he believes the company did not just have a preference for hiring workers from India through the H-1B visa program, but that it was "a mandate."

  • September 25, 2024

    4th Circ. Doubts H-2A Wage Rule Should Be Put On Ice

    A Fourth Circuit panel appeared reluctant on Wednesday to block the Biden administration's new wage rule for H-2A visa workers, doubting whether the rule should have accounted for illegal immigration and whether that issue was even properly before the court.

  • September 25, 2024

    Suit Over Fla. Law Restricting Foreign Land Buys Paused

    A Florida federal judge on Wednesday paused a challenge to a Florida law that restricts land purchases of Chinese citizens and others, saying it was prudent to wait to see what the Eleventh Circuit does with a similar challenge that has already been argued before the appeals court.

  • September 25, 2024

    Engineer Says DHS Wrongly Tied Him To Old Co.'s Fraud

    A Bangladeshi engineer sued the U.S. Department of Homeland Security on Wednesday, alleging that it flagged his immigration file based on an old, unpaid internship with a recruiting firm later found to have committed immigration fraud.

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Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    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.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    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.

  • Lessons From Country Singer's Personal Service Saga

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    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.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    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.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    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.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    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.

  • 5 Litigation Funding Trends To Note In 2024

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    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.

  • 4 Legal Ethics Considerations For The New Year

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    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.

  • Perspectives

    Immigration Detention Should Offer Universal Legal Counsel

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    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.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

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