Immigration

  • September 23, 2022

    Work Permit Suit Tossed After USCIS Adjudicates Applications

    A D.C. federal judge tossed a proposed class action Friday by 95 visa holders who allege the U.S. Citizenship and Immigration Services' lengthy processing times for work permit applications violate the Administrative Procedure Act, finding the agency has since issued decisions on each application and the claims are moot.

  • September 23, 2022

    DOJ Swerve On Mass. Judge Indictment Leaves Attys Queasy

    The sudden dismissal of criminal charges against a Massachusetts judge who allegedly helped an undocumented immigrant evade federal agents left some attorneys fearing that politics played an outsized role in the controversial case from start to finish.

  • September 23, 2022

    Fla. Senator Sues DeSantis Over $1.5M Paid To Fly Migrants

    Democratic Florida state Sen. Jason Pizzo has sued GOP Gov. Ron DeSantis and administration officials over the constitutionality of using $1.5 million of COVID-19 relief funds to fly migrants from near Texas' southern border to Martha's Vineyard in Massachusetts, accusing officials of spending taxpayer money on such programs before certain requirements were met.

  • September 23, 2022

    La. Store Chain Partners Escape Immigration And Tax Charges

    The founder of a New Orleans-based convenience store chain and his business partner escaped conviction on immigration and tax charges, with a Louisiana federal jury ultimately clearing all the partners' tax-related charges and reaching a deadlock on their harboring charge.

  • September 23, 2022

    Atty Fee Battle Brewing In EB-5 Venture Case In Chancery

    An attorney fee battle is brewing with claims of bad litigation conduct being thrown around after a Delaware vice chancellor earlier this year ordered the founder of a "visas-for-investment" venture to pay nearly $2.4 million to his company over improper money transfers.

  • September 22, 2022

    DHS Revokes Trump-Era Work Limits For Asylum-Seekers

    The U.S. Department of Homeland Security on Thursday published a final rule revoking two Trump-era regulations that curbed the ability for asylum-seekers to get work permits, officially returning to provisions set in place before the rules took effect.

  • September 22, 2022

    Feds Ask Judge To Toss Arizona Border Wall Suit

    The Biden administration has asked an Arizona federal judge, once again, to dismiss claims made by the Grand Canyon State blaming the president's immigration policies for an increase in its migrant population, arguing the state hasn't shown its claims are supported by anything more than correlation.

  • September 22, 2022

    Class Settlement For Foreign Soldiers OK'd In Discharge Suit

    A D.C. federal judge on Thursday approved a settlement agreement between the U.S. Army and a cohort of skilled foreign-born military recruits who had accused the Army of discharging them without proper notice.

  • September 22, 2022

    DOL Denies Rite Aid's Bid To Sponsor Foreign Pharmacist

    The U.S Department of Labor appeals board has affirmed a certifying officer's initial denial of an application from Rite Aid to sponsor a pharmacist for permanent employment in the United States because the advertised wage did not match the actual wage offered, which is illegal.

  • September 22, 2022

    DOL Board Says Co. Should've Interviewed US Applicant

    A U.S. Department of Labor appellate board has backed the agency's refusal to certify an electrical product manufacturer's bid to sponsor a foreign worker, saying the company rejected a potentially qualified American applicant without looking further into their credentials.

  • September 22, 2022

    Feds Drop Obstruction Case Against Mass. Judge

    Federal prosecutors on Thursday agreed to dismiss a politically charged criminal case against a Massachusetts state court judge accused of allowing an undocumented immigrant to evade custody when agents showed up to arrest him in the judge's courtroom.

  • September 21, 2022

    Medical Device Biz Denied Bid To Hire Software Engineer

    A U.S. Department of Labor appellate board has sided with the department's decision to deny a medical device company's bid to sponsor a foreign software engineer, saying the business did not back why an American applicant could not meet requirements through on-the-job training.

  • September 21, 2022

    DHS, ICE Sued For Sitting On Docs That Could Expose Abuse

    The University of Washington's human rights center sued the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement in Seattle federal court for failing to provide documents that could shed light on reports that detained immigrants are enduring medical neglect, sexual assault, beatings and long periods without food.

  • September 21, 2022

    DHS Watchdog Says CBP Skipped Migrant Screening Process

    The Border Patrol along the southwest U.S. border skipped assigning some noncitizens entering the country "alien registration numbers" used to create a profile of their immigration history, according to a report by a U.S. Department of Homeland Security watchdog.

  • September 21, 2022

    Fragomen Chair Passes Torch As Client Engagement Evolves

    Fragomen, Del Rey, Bernsen & Loewy LLP, an international provider of immigration-related legal services, announced a change in leadership at its highest levels Wednesday with the selection of two executive committee members to take over as chairs from name partner Austin Fragomen.

  • September 21, 2022

    'Stranded' Martha's Vineyard Migrants Can Sue Anonymously

    Applying a recently established First Circuit framework, a federal judge said Wednesday that a group of migrants suing Florida Gov. Ron DeSantis and other state officials who allegedly duped them into flying to Martha's Vineyard could bring their claims anonymously.

  • September 20, 2022

    Justices Urged To Restore Biden's Bid To Narrow ICE Ops

    Nonprofits, law professors, former U.S. Department of Homeland Security officials, states and nearly a dozen municipalities have urged the U.S. Supreme Court to reinstate the Biden administration's policy that narrowed which immigrants should be targeted for removal.

  • September 20, 2022

    Employment Tax Schemer Will Pay His Part Of $6M Restitution

    The U.S. Department of Justice and a naturalized U.S. citizen who admitted to defrauding the IRS of more than $3.5 million in employment taxes, told a Florida federal court Tuesday that the citizen will pay his portion of the $6 million in restitution he and other co-conspirators owe the federal government.

  • September 20, 2022

    Migrants Say DeSantis 'Stranded' Them On Martha's Vineyard

    Three asylum-seekers who allege they were tricked into boarding flights to Martha's Vineyard sued Florida Gov. Ron DeSantis on Tuesday, saying he violated their constitutional protections against unreasonable seizures by leaving them "stranded" on the Massachusetts island with false promises of relief.

  • September 20, 2022

    Recruiting Co. Says Mexican Engineer Can't Back RICO Case

    A recruiting agency asked a Georgia federal judge to dismiss a proposed class action brought by a Mexican engineer who claimed it engaged in an illegal hiring scheme, saying he failed to link his injuries to alleged racketeering.

  • September 20, 2022

    Bannon Ally Can't Oust 'Wall' Fraud Prosecutor, Move Retrial

    A federal judge has declined to disqualify a Manhattan prosecutor or relocate a retrial in the case of a Colorado man accused of conspiring to steal from a $25 million fund to build a wall between the U.S. and Mexico.

  • September 19, 2022

    $2.9M Fraud Suit Says Fla. Men Left Refugees Stranded

    Nonprofit Save Our Allies Inc. is seeking at least $2.9 million in damages in a fraud suit filed Monday in Miami federal court, claiming two Florida men and a Pakistani man failed to provide $590,000 worth of services paid to evacuate Afghan refugees, stranding them in Pakistan.

  • September 19, 2022

    FLSA Exemptions Apply In Farm OT Suit, 7th Circ. Told

    Signet Builders Inc. urged the Seventh Circuit to reconsider its decision to revive a temporary immigrant worker's suit for time-and-a-half pay, saying his work supporting agricultural operations fell under an exemption in the Fair Labor Standards Act.

  • September 19, 2022

    Chicago Developers Will Pay $27.5M To End EB-5 Fraud Fight

    An Illinois federal judge entered a consent judgment Monday requiring a group of Chicago developers to pay $27.5 million to a class of dozens of EB-5 Chinese nationals who invested in a roughly $49 million project that went nowhere, enforcing the developers' obligations under a fraught settlement agreement.

  • September 19, 2022

    Colo. Panel Finds No Immunity For Sheriff In 'ICE Hold' Suit

    Colorado's Court of Appeals, which initially sided with a sheriff accused of detaining a man for four months after his daughter posted bond, has ruled that the sheriff's refusal to release the man put him beyond the shield of immunity.

Expert Analysis

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • Perspectives

    2 Legislative Reforms Would Address Many Immigration Woes

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    Congress should pass currently pending legislation to create an Article I immigration court and update the registry process — reforms that would shield immigration courts from political pressure, enable many longtime residents to cure their immigration status, and alleviate case backlogs, says retired immigration judge Dana Leigh Marks.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

  • 4th Circ. Underlines Immigration Judges' Standard Of Conduct

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    The Fourth Circuit's recent decision in Acevedo v. Garland that an immigration judge’s bad behavior is central when considering a request for a new hearing critically recognizes that the judge’s behavior determines whether a respondent can meaningfully participate in their proceeding, says Monica Mananzan at the CAIR Coalition.

  • How In-House Counsel Can Better Manage Litigation Exposure

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    In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

  • Despite New DACA Rule, Dreamers Need Legislative Fix

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    Even if the recently published final rule codifying the Deferred Action for Childhood Arrivals program succeeds in derailing ongoing litigation over the program's validity and the parameters of prosecutorial discretion, it only provides lawful status in two-year installments, and ultimately Congress must provide Dreamers with permanent relief, says Martin Robles-Avila at Berry Appleman.

  • Practical E-Discovery Lessons From The Alex Jones Case

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    The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

  • The Ethical Risks For Lawyers Accepting Payments In Crypto

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    Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

  • Envisioning Metaverse-Based Litigation In The Real World

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    Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

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