Immigration

  • March 23, 2017

    USCIS Must Rethink Axing S. Dakota EB-5 Regional Center

    U.S. Citizenship and Immigration Services must reconsider its decision to terminate an EB-5 regional center run for South Dakota that improperly used investor funds, the agency’s appeals office has ruled, saying evidence of misdeeds has to be balanced against positive factors like job creation in determining whether termination is warranted.

  • March 23, 2017

    Tide Of Low-Skilled Immigration Is Turning, Report Says

    Natural economic forces will continue to stem the flow of low-skilled immigrants coming to the U.S. even if President Donald Trump’s administration does nothing more to change immigration policy or make it more “draconian,” a report set to be presented at the Brookings Institution indicates.

  • March 23, 2017

    Ex-Atty Gets 15 Months For Client Asylum Conspiracy

    A former immigration lawyer will spend 15 months in prison after an Illinois federal judge sentenced him Wednesday for conspiring to use fraudulent means in an attempt to achieve asylum in the U.S. for Christian clients from the Middle East.

  • March 23, 2017

    Trump Admin. Gets Fast Appeal Of Immigration Ban Suit

    The Fourth Circuit on Thursday granted the federal government’s request for an expedited appeal of a Maryland federal judge's ruling blocking President Donald Trump's revised immigration ban targeting migrants from majority-Muslim countries, after the government cited “national security needs.”

  • March 23, 2017

    India Floats Draft Text Of WTO Services Agreement

    India has circulated a new proposal outlining its vision for a World Trade Organization services agreement, which could loosen up cross-border rules for financial services, telecommunications and scores of other lucrative industries, the WTO said Thursday.

  • March 23, 2017

    Courts Should Be Safe For Immigrants: Wash. Chief Justice

    Washington State Supreme Court Chief Justice Mary Fairhurst on Wednesday proposed designating local courthouses as “sensitive areas” to rein in immigration enforcement activity on site, saying current enforcement efforts could make immigrants hesitant about seeking public services and protection.

  • March 22, 2017

    USCIS Rolls Out EB-5 Regional Center Audit Program

    U.S. Citizenship and Immigration Services on Tuesday unveiled the start of an EB-5 regional center audit program, which will involve audit teams examining documents and interviewing staffers, with the move coming roughly a month before the visa program’s regional center aspect is set to expire.

  • March 22, 2017

    Blade Co. To Pay $110K To Settle Fired Muslim Worker Case

    Blade company Kasco LLC has agreed to pay $110,000 to settle a U.S. Equal Employment Opportunity Commission suit alleging the company unlawfully fired a Muslim woman because of her religion and national origin, according to documents filed in Missouri federal court Tuesday.

  • March 22, 2017

    Labor Nom. Acosta Questioned On Policy, Budget In Hearing

    Labor secretary nominee Alexander Acosta’s confirmation hearing Wednesday focused more on policy than scandal as U.S. Senate Committee on Health, Education, Labor and Pensions members asked how the law school dean would handle his predecessor’s legacy and navigate a proposed budget cut.

  • March 22, 2017

    Tata Fires Back On Class Cert. Bid In Racial Bias Case

    Tata Consultancy Services Ltd. on Tuesday fought back against a bid by several former employees who want a California federal court to certify two classes of workers who have allegedly been discriminated against because they are not South Asian, arguing there is insufficient evidence of commonality or typicality.

  • March 22, 2017

    6th Circ. Says Border Crosser Needn't Prove Surveillance

    The Board of Immigration Appeals wrongly held that a Guatemalan man must face deportation because he couldn’t prove that the government did not officially catch him or track him when he illegally crossed the southern border into Texas, the Sixth Circuit said on Tuesday.

  • March 22, 2017

    SEC Says Couple Blew Chance To Settle EB-5 Fraud Suit

    The U.S. Securities and Exchange Commission has urged the Central District of California to rule against a husband and wife facing allegations that they misappropriated the bulk of $26.9 million raised in an EB-5 immigrant investor program, as the couple purportedly have not followed through on their promises as part of a possible settlement.

  • March 22, 2017

    DOJ Settles Immigrant Discrimination Case With Pizza Chain

    The U.S. Department of Justice said Wednesday that it has reached a settlement with a Miami-based pizza restaurant franchisee to resolve claims the company violated federal immigration laws by unlawfully requiring immigrants authorized to work in the U.S. to present certain documents.

  • March 22, 2017

    Border Smartphone Searches Need A Warrant, 4th Circ. Told

    The American Civil Liberties Union, the Electronic Frontier Foundation and other advocacy groups have urged the Fourth Circuit to side with a man convicted of illegally smuggling firearms parts out of the country, a conviction based in part on a border search of his smartphone without a warrant.

  • March 21, 2017

    Gorsuch Rebukes Trump, Defends Record To Senate Panel

    U.S. Supreme Court nominee Judge Neil Gorsuch pushed back Tuesday at attacks on his record and rebuked President Donald Trump’s comments on the judiciary as he sought to persuade a Senate panel to advance his nomination to the nation's highest court.

  • March 21, 2017

    Trump's Remarks Prove Need To Halt Travel Ban, Hawaii Says

    President Donald Trump's comments about the “watered-down” revision of his immigration ban are mounting evidence of the executive order's religious discrimination against Muslims, Hawaii argued on Tuesday, using the president's own words against him in a bid to convert a temporary restraining order blocking the ban to a preliminary injunction.

  • March 21, 2017

    Feds Seek To Block Agent, Trainer From Ballplayer Funds

    The federal government on Monday asked a Florida federal judge to block a baseball agent and an athletic trainer recently found guilty of smuggling Cuban ballplayers into the United States from receiving money from a group of foreign players or their family members.

  • March 21, 2017

    Maryland Bill To Block Immigration Inquiries Advances

    Maryland’s House of Delegates approved a bill Monday to limit state law enforcement officials' cooperation with federal immigration enforcement requests, a measure that includes prohibiting officers from stopping people to ask about their immigration status.

  • March 21, 2017

    Ex-Boeing, National Security Group Execs Take DHS Posts

    President Donald Trump announced on Tuesday that a former senior executive at The Boeing Co. and the former executive director for the national security nonprofit Americans for Peace, Prosperity, and Security will serve in key roles at the U.S. Department of Homeland Security.

  • March 21, 2017

    Mass. Can Detain Immigrants, State High Court Told

    Massachusetts told the highest court in the commonwealth Monday that although state law does not authorize its courts to continue to detain an undocumented immigrant in custody based solely on an Immigration and Customs Enforcement detainer, state and local law enforcement can work with the agency to detain such individuals in other ways.

Expert Analysis

  • Delays And Uncertainty Surround Trump's Latest Travel Ban

    Maria Fernanda Gandarez

    As the constitutionality of President Donald Trump's latest immigration-related executive order is pending, the administration is cracking down on immigration benefits more generally, and employers may want to exercise extreme caution before having nationals of the EO's six designated countries travel internationally, say Maria Fernanda Gandarez and Matthew Kolodziej of Ogletree Deakins Nash Smoak & Stewart PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Int’l Travelers, Beware Digital Device Searches At Border

    Behnam Dayanim

    In light of the recent executive order on terrorism and immigration, travelers, including attorneys who may be carrying sensitive privileged information, should be increasingly aware of their rights — or lack thereof — at the border, say Behnam Dayanim and Ashley Pyon of Paul Hastings LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • A Pragmatic Look At Potential Changes To H-1B Cap Season

    Scott J. FitzGerald

    With the fiscal year 2018 H-1B cap season in full swing, the business community is questioning whether the Trump administration could alter or curtail the H-1B program. Scott FitzGerald and Alexandra Law of Fragomen Del Rey Bernsen & Loewy LLP address that question, with a focus on whether, and to what extent, the administration could impact the adjudication of applications and petitions filed under the 2018 H-1B cap.

  • Immigration Compliance Dangers In The Shared Economy

    Davis C. Bae

    While many shared economy companies have strong background check systems to address questions of status, the penalties for their failure to ensure freelancers are authorized to work in the U.S. are almost nonexistent. This is a growing problem for employers in relation to the Trump administration’s focus on immigration enforcement, says Davis Bae of Fisher Phillips.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Will Pena-Rodriguez V. Colorado Apply To Civil Cases?

    M. Christian King

    The U.S. Supreme Court ruled last week in Pena-Rodriguez v. Colorado that no-impeachment rules must yield to the Sixth Amendment's right to an impartial jury in a criminal investigation. Though Pena-Rodriguez has much to recommend to the civil side of the jury system, the analysis in the opinion may not be easily extended, say M. Christian King and Wesley Gilchrist of Lightfoot Franklin & White LLC.