Immigration

  • 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.

  • August 01, 2024

    Sidley Launches New San Diego Office With Five Partners

    Sidley Austin LLP has opened a new office in San Diego, with five partners specializing in a range of areas including mergers and acquisition, venture capital and global finance, marking the global law firm's fifth office in the Golden State, the firm announced Thursday.

  • August 01, 2024

    Feds Say Farmworkers Should Have Sued State Over Wages

    The U.S. Department of Labor has urged a Washington federal court to toss a farmworker union's challenge to policies governing the prevailing wage, saying the union's issues actually stem from how state officials interpreted federal rules governing the wage rate.

  • August 01, 2024

    Auto Parts Co. Denied Immigrant Workers Full Pay, Suit Says

    Aftermarket auto parts company Parts Authority schemed to target new immigrants, mostly from Guyana, to work as cheap labor at a New York warehouse, one former Guyanese employee alleged in a potential class action filed in New York federal court.

  • August 01, 2024

    ACLU, ICE Strike Deal To End Prolonged Detention Case

    The American Civil Liberties Union of Virginia called off claims that U.S. Immigration and Customs Enforcement was detaining immigrants who have won asylum and other humanitarian immigration protections, after the agency agreed to consider releasing dozens of individuals.

  • August 01, 2024

    Texas Judge Pauses Border Buoy Trial After 5th Circ. Ruling

    A federal judge on Thursday postponed a bench trial in the Biden administration's suit against Texas over a border barrier in the Rio Grande after the Fifth Circuit vacated the district court's order for Texas to move the barrier during litigation.

  • August 01, 2024

    Fla. Justices Sanction Paralegal For Immigration Practice

    The Florida Supreme Court on Thursday told a paralegal and the immigration legal services businesses she has operated that she must reimburse clients who were misled into believing they were working with licensed attorneys.

  • July 31, 2024

    Split 9th Circ. Won't Use New Law To Revive Trafficking Suit

    A split Ninth Circuit panel on Wednesday refused to revive a human trafficking suit former Cambodian seafood factory workers launched against a Californian importer, saying a new law that expanded liability after the distributor's summary judgment win didn't apply retroactively.

  • July 31, 2024

    Nonprofits' Challenge To Texas' Migrant Transit Law Revived

    A Texas federal judge revived a claim from several nonprofits that sought to challenge a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants, finding that the court has jurisdiction over the nonprofits' supremacy clause claim.

  • July 31, 2024

    Texas Rancher Leads Suit Over Biden Admin Border Programs

    A Texas rancher and two Texas counties hit the Biden administration with a federal lawsuit Wednesday accusing it of issuing various immigration policies that run afoul of Congress' goal to have "zero illegal entries" at the Lone Star State's border.

  • July 31, 2024

    WH Reviewing Green Card Rule For Mixed-Status Families

    A new rule allowing certain foreigners who are married to U.S. citizens and their children to apply for green cards without leaving the United States is under review at the White House's Office of Information and Regulatory Affairs.

  • July 31, 2024

    Union Effort Underway At DOJ's Civil Rights Section

    Attorneys in the U.S. Department of Justice's Civil Rights Division are in the early stages of organizing a union, the union they're seeking to join confirmed Wednesday.

  • July 31, 2024

    5th Circ. Slams Injunction Against Texas In Buoy Fight

    The majority of the full Fifth Circuit ruled that a Texas federal court abused its discretion by ordering Texas to move a 1,000-foot buoy barrier meant to deter migrants in the Rio Grande to its own riverbank.

  • July 30, 2024

    Texas Border Buoy Trial Must Go On, Judge Says

    A Texas federal judge denied an attempt by Texas to stall an upcoming trial over the state's use of a buoy barrier meant to prevent illegal border crossings, saying in a Tuesday order that the state didn't explain why it had a "sudden emergency" that warranted a stay. 

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Expert Analysis

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Cos. Must Adapt To Calif. Immigration Data Privacy Law

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    California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Consider Immigration Issues When Hiring Int'l Medical Grads

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    As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • 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.

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