Immigration

  • January 20, 2017

    Retired Gen. Kelly Confirmed as Trump’s DHS Secretary

    Retired Gen. John Kelly received the approval of the Senate Friday evening for the post of Department of Homeland Security and is poised to take control of the agency responsible for much of the nation’s anti-terrorism efforts and immigration policy.    

  • January 20, 2017

    EB-5 Investor Sues USCIS Over Application Delays

    A Chinese immigrant and an EB-5 investor fund have lodged a complaint against the U.S. Department of Homeland Security's U.S. Citizenship and Immigration Services, accusing the agency of delaying a green card application so severely that it’s hurting the business.

  • January 20, 2017

    7th Circ. Rips Judge In HIV-Positive Man's Deportation Case

    In a split decision, the Seventh Circuit on Thursday upended an immigration judge’s ruling that a Honduran man who is HIV-positive and entered the country illegally could not avoid deportation because he feared persecution for being assumed to be gay, saying the judge "made a hash of the record."

  • January 20, 2017

    USCIS Issues Policy Memo For Gender Changes

    U.S. Citizenship and Immigration Services said Thursday it will issue immigration-related documents reflecting a changed-gender designation if the individual presents one of three specific forms of evidence in support of the requested change.

  • January 20, 2017

    Texas Judge Rips Into DOJ For Behavior In Immigration Case

    A Texas federal judge withdrew portions of sanctions against the U.S. Department of Justice on Thursday in a case over then-President Barack Obama’s 2014 immigration executive actions, but ripped into the government for its unethical behavior in the case, saying that it has been “nothing short of stunning.”

  • January 20, 2017

    Trump Aims To Guard US Interests In Trade, Jobs

    Shortly after being sworn in Friday, President Donald J. Trump laid out a vision for his administration that he said would put “America first” through a regime of tax, international trade and immigration policy meant to increase job creation and protect U.S. interests.

  • January 19, 2017

    Obama Leaves Mixed Immigration Legacy

    When President Barack Obama leaves office on Friday, he’ll be leaving behind a mixed legacy on immigration, having overseen a record number of deportations and controversial detention practices, while helping to temporarily protect DREAMers and update some policies on legal immigration.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Deportation Case Backlog Soars To New High Of Over 500K

    The backlog of immigration cases has hit a record-breaking high of more than 500,000, with priority family cases surpassing 100,000 for the first time, according to a report by a Syracuse University-based data organization.

  • January 19, 2017

    NY AG Issues Guidance For Immigration 'Sanctuary' Sites

    New York’s attorney general on Thursday released a set of guidelines that local law enforcement may choose to follow should they opt to serve as "sanctuaries" and not cooperate with federal efforts to enforce immigration regulations against those unauthorized to be in the U.S.

  • January 19, 2017

    9th Circ. Urged To Uphold $1.4M Fee Award In Job Bias Row

    A California federal judge did not abuse his discretion by awarding $1.4 million in fees to the attorneys of a Mexico native who successfully argued that a job application question about whether he had ever used an invalid Social Security number negatively affected him, the man told the Ninth Circuit on Wednesday.

  • January 19, 2017

    Calif. Immigrant Detention Site Limiting Visits, DHS Told

    An immigration advocacy group on Wednesday urged a U.S. Department of Homeland Security office to investigate allegations that a privately run immigration detention center in California has experienced a “disturbing increase” in visitation denials and wait times.

  • January 19, 2017

    Feds Say Sports Agent Trying To Distract In Smuggling Trial

    The U.S. government asked a Florida federal court Wednesday to bar a sports agent who allegedly participated in a $16 million scheme to smuggle Cuban baseball players into the U.S. from distracting the jury by impeaching the law enforcement investigation against him.

  • January 18, 2017

    EB-5 Update Could Pump The Brakes On Investor Numbers

    The U.S. Department of Homeland Security rolled out a rule last week aimed at updating the EB-5 visa program, and while it may combat gerrymandering in the program, attorneys say the regulation may also have a chilling effect on the number of immigrant investors who can apply for the visas.

  • January 18, 2017

    Commerce Pick Fired Unauthorized Worker Before Hearing

    Billionaire private equity investor Wilbur Ross, chosen by President-elect Donald J. Trump to head the U.S. Department of Commerce, said at his Senate confirmation hearing on Wednesday that he recently fired a household worker who could not prove authorization to work in the U.S. 

  • January 18, 2017

    N. Mariana Islands Co. Settles Hiring Bias Claims With DOJ

    A Northern Mariana Islands company will pay a civil penalty and establish a back-pay fund to resolve allegations it discriminated against U.S. citizens and work-authorized immigrants in hiring, the U.S. Department of Justice said Tuesday.

  • January 18, 2017

    LGBT Bias Charges Continuing To Climb, EEOC Says

    The U.S. Equal Employment Opportunity Commission's latest annual report showed that the agency resolved 1,649 LGBT-based sex discrimination charges and recovered $4.4 million for LGBT individuals in fiscal 2016, marking the third straight year each number has increased since the agency started tracking them in 2013.

Expert Analysis

  • Considering 'Crime Of Violence' Vagueness At The High Court

    Michael Carlin

    In Lynch v. Dimaya, the U.S. Supreme Court will need to decide whether the “void for vagueness” standard in the immigration context is the same as the standard used in criminal cases. Adherence to precedent set by the court’s previous decision in Jordan v. de George would lead the court to apply the vagueness standard in this case in the same manner as in criminal cases, says Michael Carlin of the Law Office of Michael Carlin PLLC.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • An Expansion Of H-1B Quota Exemptions For Nonprofits

    Andrew Greenfield

    For years, U.S. Citizenship and Immigration Services' narrow definition of "nonprofit" precluded many independently governed and operating nonprofits from qualifying for the H-1B quota exemption. However, a recent update to its regulations explicitly recognizes this challenge and the need to expand the kinds of university affiliations nonprofits can show to obtain an exemption, says Andrew Greenfield of Fragomen Del Rey Bernsen & Loewy LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Employment-Based Immigration And Trump: What To Expect

    Brian J. Coughlin

    As President-elect Donald Trump continues to assemble his cabinet and develop strategies for his first 100 days in office, U.S. employers with temporary foreign workers contemplate an uncertain future. Despite Trump’s prediction that he will in time be regarded as the country’s “greatest jobs president,” many in the international business community remain apprehensive, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • What Will DOL's Immigration Policy Look Like Under Puzder?

    Becki L. Young

    It is still unclear how much legal immigration policy will change in the new Trump administration. However, both President-elect Donald Trump and his nominee for secretary of the U.S. Department of Labor, Andrew Puzder, have worked in industries that rely heavily on foreign nationals and it is entirely possible that legal immigration will stay within historic norms, says Becki Young, co-founder of Hammond Young Immigration Law LLC.