Immigration

  • October 27, 2021

    Biden Gets Competing Proposals For 'Public Charge' Rule

    The Biden administration has received competing proposals for revamping the public charge definition used to determine if immigrants should be barred from getting a green card or entering the country. Here, Law360 breaks down some of the issues that commenters highlighted in their submissions.

  • October 27, 2021

    Biden Admin. Announces 24 New Immigration Judges

    The Biden administration announced a new class of immigration judges on Wednesday, which includes several immigration attorneys with more than a decade of experience in nonprofit and private practice.

  • October 27, 2021

    11th Circ. Clarifies Court Review Of Consulate Decisions

    The Eleventh Circuit has upheld the denial of a Mexican man's visa application that was allegedly rejected on the basis of mistaken identity, but clarified the scope of a doctrine that bars judicial scrutiny of consular decisions.

  • October 27, 2021

    Wash. AG, Detainees Win GEO Group $1-A-Day Wage Retrial

    A federal jury sided Wednesday with Washington's attorney general and thousands of immigrant detainees who said private prison giant GEO Group broke the law by paying only $1 per day for their labor at a large ICE detention site.

  • October 27, 2021

    Chamber Jumps Into NJ Visa Fraud Suit As Cognizant Ally

    The U.S. Chamber of Commerce on Wednesday entered litigation accusing Cognizant Technology Solutions Corp. of misusing the federal visa program in order to import cheap labor, citing plans to support Cognizant's bid to toss allegations that, the chamber said, may not even fall under the False Claims Act.

  • October 27, 2021

    9th Circ. Revives Noncitizen Bias Suit Against Spanish Bank

    The Ninth Circuit revived a putative class action accusing a multinational Spanish bank in California of discriminating against noncitizens, ruling that two applicants were harmed by a policy that barred them from opening accounts online.

  • October 26, 2021

    No Fixed Timeline For Migrant Bond Hearings, 1st Circ. Says

    A split First Circuit panel doubled back on a case from 2016 on Tuesday to reaffirm that migrants with certain criminal convictions lack a constitutional right to bond hearings after six months in immigration custody, tossing a lower court's reasonable detention framework.

  • October 26, 2021

    Risky Drivers Slipped Through CBP Trusted Traveler Program

    U.S. Customs and Border Protection approved truck drivers for a Trusted Traveler Program even though the drivers should have failed the vetting process intended to weed out potential border security risks, a federal watchdog said in a report Tuesday.

  • October 26, 2021

    DC Circ. Says Texas Can't Intervene In Migrant Policy Suit

    The D.C. Circuit on Tuesday denied Texas' bid to intervene in a challenge to the federal government's use of a public health law to expel migrant families, after the state argued it had a stake in protecting its residents from the coronavirus.

  • October 26, 2021

    Fixer Pleads Guilty To Helping Smuggle Cuban Ballplayers

    A fixer in Haiti who helped a sports trainer and baseball agent smuggle Cuban ballplayers into the U.S. pled guilty Tuesday in Florida federal court to his role in an operation that brought more than a dozen players into the U.S. illegally.

  • October 26, 2021

    1st Circ. Says BIA Must Mull If Virus Paused Appeal Deadline

    A Jamaican woman who missed her deadline to appeal deportation has another chance to do so after the First Circuit ruled that the Board of Immigration Appeals should consider her extension request, filed in the early days of the pandemic.

  • October 25, 2021

    Biden Admin. Announces Vaccine Rules For Int'l Travelers

    Beginning next month, international travelers flying to the U.S. from most countries will be required to have been vaccinated, while travel restrictions from several countries, including India, China and some European countries, will be lifted, the Biden administration announced Monday.

  • October 25, 2021

    Ill. Counties Say 9th Circ. Ruling Helps Their ICE Contract Suit

    Two Illinois counties doubled down Monday on their bid to enjoin the state from enforcing a law blocking municipalities from detaining undocumented immigrants for civil violations, arguing that a Ninth Circuit decision striking California's similar law should help inform the court's decision.

  • October 25, 2021

    CBP Agents' Violent Facebook Posts Netted Scant Discipline

    U.S. Customs and Border Protection agents who made violent and derogatory statements about migrants and members of Congress on Facebook faced few repercussions at work, according to a House Oversight Committee report issued Monday.

  • October 25, 2021

    10th Circ. Says Surveillance Isn't 'Restraint' On Migrant Entry

    The Tenth Circuit ruled on Monday that immigrants who cross into U.S. territory while being surveilled by law enforcement are still entering the country illegally, because they aren't being restrained by authorities.

  • October 25, 2021

    Feds Must Issue Extra 1K Diversity Visas By Oct. 2022

    The U.S. Department of State has until October 2022 to issue the nearly 1,000 diversity visas that a D.C. federal court saved for visa applicants subject to COVID-19 regional travel bans, according to a Monday order.

  • October 22, 2021

    Mich. Judge Drops DACA Holders' Travel Permit Suit

    A Michigan federal judge rejected two brothers' claims that their due process and religious freedom rights were violated when they were denied travel authorization to Mexico for their grandfather's funeral, saying that they had no recourse against the officials involved.

  • October 22, 2021

    GOP Sens. Want Afghan Special Visa Program Failings Probed

    A trio of Senate Republicans on Thursday called for an investigation into shortcomings in the Afghan Special Immigrant Visa program, pointing to thousands of SIV applicants who were "shamefully" left behind in the United States' "chaotic and haphazard" exit from Afghanistan.

  • October 22, 2021

    PAE Loses Latest Protest Of $1.36B CBP Aircraft Service Deal

    The Court of Federal Claims has affirmed a U.S. Customs and Border Protection's award of a $1.36 billion aircraft maintenance contract to DynCorp International, rebutting a competitor's claims that the agency unfairly evaluated its proposal.

  • October 22, 2021

    Biden Asylum Rule Spurs Criticism, Even From Supporters

    President Joe Biden's plan to slash immigration court backlogs by authorizing asylum officers to decide some requests for protection at the border has drawn criticism from those who fundamentally oppose the proposed rule, as well as from backers who say it could be improved. Here, Law360 breaks down some of the issues commenters highlighted in their submissions.

  • October 22, 2021

    Feds Say DC Court Wrong To Narrow Power To Expel Migrants

    The federal government urged the D.C. Circuit to erase a lower court's injunction blocking its use of a public health law to expel migrant families, arguing that the lower court interpreted its powers under the authority too narrowly.

  • October 22, 2021

    Feds Pledge 'Most Aggressive' Effort Yet To Tackle Redlining

    The U.S. Department of Justice said Friday that it is teaming up with the Consumer Financial Protection Bureau and Office of the Comptroller of the Currency to launch what they are calling the "most aggressive" effort yet to combat mortgage lending discrimination, unveiling a seven-figure settlement with Trustmark National Bank and foreshadowing more cases to come.

  • October 21, 2021

    Immigration Judges Can Nix Removal Cases, 4th Circ. Says

    A unanimous Fourth Circuit panel on Wednesday brushed aside a 2018 ruling by former Attorney General Jeff Sessions that stripped immigration judges of their power to toss deportation cases, reviving a Deferred Action for Childhood Arrivals recipient's appeal of a removal order.

  • October 21, 2021

    Texas, Missouri Sue To Force Biden To Build Border Wall

    Texas and Missouri on Thursday asked a Lone Star State federal court to force President Joe Biden to restart construction on the Southern border wall, arguing that his administration broke the law when it halted construction even though Congress already designated billions for the project.

  • October 21, 2021

    Justices Asked To Nix Bond Hearings For Immigrants

    Advocates of drastically reduced immigration urged the U.S. Supreme Court on Thursday to overturn decisions in the Third and Ninth circuits that said migrants who have been detained more than six months should get a bond review hearing.

Expert Analysis

  • Opinion

    Lawyers Can And Should Commit To Climate Action

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    It is time for lawyers to stop hiding behind moral nonaccountability in the face of climate chaos, as attorneys have the power to fight for environmental justice with the clients they choose to represent, policy research and more, say members of Law Students for Climate Accountability.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • How Canceling The Border Wall Affects Gov't Contractors

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    President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • Series

    Embracing ESG: United Natural Foods GC Talks Bottom Line

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    In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

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