Immigration

  • October 20, 2017

    DC Circ. Puts Immigrant Teen's Abortion On Hold, For Now

    A three-judge panel for the D.C. Circuit on Friday nixed a lower court order requiring the federal government to allow an immigrant teenager to have an abortion, giving U.S. Health and Human Services until the end of the month for the young woman to be released to a sponsor.

  • October 20, 2017

    2nd Circ. Freezes Order For Gov't To Produce DACA Docs

    A Second Circuit judge on Friday granted the Trump administration’s bid for an emergency pause to a New York federal judge’s order that it provide copies of documents relevant to its move last month to phase out the Deferred Action for Childhood Arrivals program.

  • October 20, 2017

    Order Blocking Travel Ban Extended By Hawaii Judge

    A Hawaii federal judge on Friday extended a temporary restraining order blocking much of the Trump administration’s third travel ban by converting it into a preliminary injunction, saying he would not stay his ruling for the Department of Justice’s anticipated appeal.

  • October 20, 2017

    Calif. Couple Charged With EB-5, Identity Fraud

    A California couple has been indicted on visa fraud and identity theft charges for allegedly swindling the federal government by faking investment forms and creating phantom employees to create the illusion that their companies were viable entities under the EB-5 program, the U.S. Department of Justice announced Thursday.

  • October 20, 2017

    Mexico Knocks Texas' Anti-Sanctuary City Law At 5th Circ.

    Mexico told the Fifth Circuit in a brief filed Thursday that a Texas statute that bars so-called sanctuary city policies will create “substantial tension” in international relations between it and the United States, and expressed concerns the law will lead to discrimination against Latinos.

  • October 20, 2017

    Trump Can’t Slip Seattle And Portland’s Sanctuary City Suit

    President Donald Trump lost his bid to escape Seattle and Portland’s lawsuit over his executive order limiting federal funds to so-called sanctuary cities, after a Washington federal court ruled Thursday that the order’s future consequences have already affected both cities.

  • October 20, 2017

    Arpaio Appeals To 9th Circ. After Conviction Kept On Record

    Former Maricopa County Sheriff Joe Arpaio on Thursday appealed his criminal contempt conviction to the Ninth Circuit, after an Arizona federal judge didn't buy his argument that a presidential pardon should completely void the case.

  • October 19, 2017

    Rights Groups Comment On New DHS Immigrant Data Rule

    Rights groups have urged the U.S. Department of Homeland Security not to store social media information in immigration files in comments submitted to the agency this week, while the Immigration Reform Law Institute said the proposed changes are “common-sense updates.” 

  • October 19, 2017

    Fla. Man Convicted In International Chinese Visa Fraud Plot

    The U.S. Department of Justice announced Wednesday that an Alabama federal jury had convicted a Florida man for conspiring to commit visa fraud and money laundering for his part in an international scheme to illegally solicit visas for Chinese nationals.

  • October 19, 2017

    Trump Can't Hold Up Discovery In States' DACA Suit

    The Trump administration cannot postpone discovery and shirk its obligation to produce a privilege log in a battle over Deferred Action for Childhood Arrivals, but will be allowed to disclose a narrower scope of information, a New York federal judge ruled Thursday.

  • October 19, 2017

    Garland OKs Livestream In Teen's DC Circ. Abortion Case

    The D.C. Circuit will livestream oral arguments Friday for the first time in over a decade after Chief Judge Merrick Garland granted a request from a judicial transparency group in a case over an immigrant teen seeking an abortion, the group’s director said Thursday.

  • October 19, 2017

    Employer Denied H-2B Workers For Not Filing Newspaper Ads

    The Board of Alien Labor Certification Appeals on Wednesday upheld a U.S. Department of Labor denial of a request to hire seasonal construction workers because the employer failed to establish it had posted ads in local newspapers before seeking foreign seasonal workers, as required.

  • October 19, 2017

    Sens. Move To Defund Enforcement Of Trump Travel Ban

    A contingent of Senate Democrats introduced legislation Wednesday that would withhold federal funds for implementing components of the Trump administration’s ban on travel to the U.S. by nationals from six predominantly Muslim countries and two others.

  • October 19, 2017

    Gov't To Face ACLU At DC Circ. On Immigrant Teen's Abortion

    The D.C. Circuit on Thursday granted the Trump administration’s emergency bid to delay an order issued by a D.C. federal judge blocking the federal government from preventing a detained unaccompanied teenager from Central America from getting an abortion, and scheduled a hearing on the matter for Friday morning.

  • October 18, 2017

    4 Things To Know About The Latest Travel Ban Rulings

    With two federal judges blocking most of President Donald Trump’s latest travel ban this week, the administration was once again dealt a major legal setback on the issue, likely setting up the dispute for an eventual Supreme Court battle. Here’s what to know about the latest rulings against travel ban 3.0.

  • October 18, 2017

    OCAHO Tosses Most Of Nat'l Origin Suit By Rail Employee

    The Office of the Chief Administrative Hearing Officer has tossed the bulk of a national origin discrimination case filed by a Cameroon-born rail employee against the Washington Metropolitan Area Transit Authority, finding most of the claims either fall outside its jurisdiction or were filed too late.

  • October 18, 2017

    Trump Travel Ban Blocked Again, By Md. Judge This Time

    The latest iteration of President Donald Trump’s ban on travel to the U.S. by nationals from several predominantly Muslim countries hit another roadblock early Wednesday morning when a Maryland federal judge halted much of its implementation based on the fact that it likely violates the U.S. Constitution.

  • October 18, 2017

    Cuban Ballplayer Smuggler Wants Feds' Visa Records

    A Florida sports trainer awaiting sentencing for smuggling Cuban baseball players into the U.S. asked a federal judge on Tuesday to force the government to hand over visa records for 20 other players granted entry since his conviction, saying they followed a similar path to the country and prove a lack of fraud on his part.

  • October 18, 2017

    Trump Ordered By NY, Calif. Courts To Provide DACA Docs

    Federal judges in California and New York on Tuesday ordered the Trump administration to produce a broad range of internal documents detailing how the government reached the conclusion last month to phase out the Deferred Action for Childhood Arrivals program.

  • October 18, 2017

    Sessions Defends Trump Admin. On Immigration At Senate

    Attorney General Jeff Sessions hailed the administration’s halt of the Deferred Action for Childhood Arrivals program, its defense of the travel ban and other administration actions Wednesday, telling a Senate panel Congress should go further to “end the lawlessness” nationwide.

Expert Analysis

  • 2 More Strikes Against The Travel Ban

    Jeffrey Gorsky

    President Donald Trump’s most recent attempt to implement a travel ban by executive order has now been enjoined from implementation by two separate district courts in Hawaii and Maryland. However, the courts relied on very different grounds as the basis for their rulings, which could hurt the plaintiffs when, as is likely, the cases are reviewed by the U.S. Supreme Court, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • A 6-Month Reflection On 'Buy American And Hire American'

    Jacob Cherry

    Reading the text of President Donald Trump’s “Buy American and Hire American" executive order, most commentators believed that the likelihood of immediate and substantive changes to the employment-based immigration system were minimal. However, as we cross the order’s six-month anniversary, the reality has been sharply different, says Jacob Cherry of Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Trump Admin Adds New Hurdle To US Green Card Process

    Brian Coughlin

    U.S. Citizenship and Immigration Services recently announced a sweeping change to the employment-based lawful permanent residence process with the introduction of mandatory interviews for applicants. The agency has touted expected improvements to national security and the overall process, but it has also admitted that the change presents a logistical challenge, says Brian Coughlin of Davis Malm & D'Agostine PC.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Trump's Immigration Priorities: What Employers Should Know

    Elizabeth Espín Stern

    Three immigration policy objectives recently announced by the Trump administration align with earlier White House pronouncements, including the “Buy American, Hire American” executive order. However, two aspects of these policy objectives merit close evaluation by employers, say Elizabeth Espín Stern and Paul Virtue of Mayer Brown LLP.