Immigration

  • May 28, 2020

    Split 6th Circ. Rules 2-Year Reentry Sentence Is Too Harsh

    A split Sixth Circuit ruled that a two-year sentence was too long for a Mexican citizen who illegally reentered the U.S. twice after being deported, finding that he had less of a criminal history than other immigrants who faced a similar penalty.

  • May 28, 2020

    Axed H-1B Work Visa Policies May Not Be Gone For Good

    U.S. Citizenship and Immigration Services agreed to reopen more than 200 H-1B temporary worker visa denials after dropping policies that led to their rejection, but those policies could make a comeback through a formal rulemaking process.

  • May 28, 2020

    GOP Sens. Offer Bill Restricting Visas For Chinese Students

    Two Senate Republicans have proposed legislation that would bar Chinese citizens from securing student visas to study math, science and technology fields at graduate and postgraduate levels, citing U.S. national security concerns.

  • May 28, 2020

    Feds Can't Yet Overturn Seattle Airport Deportation Flight Ban

    A Washington federal judge rejected the Trump Administration's bid to overturn a King County executive order banning deportation flights from a Seattle airport, saying more information is needed before making a decision on the order's legality.

  • May 28, 2020

    USCIS Moves To Hike Immigration Application Fees

    U.S. Citizenship and Immigration Services sent its plans to hike immigration application fees and charge for asylum requests to the White House on Wednesday, paving the way for the higher fees to soon take effect during a global pandemic.

  • May 27, 2020

    Detainees Challenge ICE's Scant Info On COVID-19 Actions

    Immigrants challenging the conditions in three Florida detention facilities told a federal judge Wednesday that U.S. Immigration and Customs Enforcement has provided insufficient information to show that it is complying with its rules or a court order requiring steps to curb the spread of COVID-19.

  • May 27, 2020

    GOP Lawmakers Look To Protect H-2B Visas During Pandemic

    Republican lawmakers have urged President Donald Trump to shield H-2B nonimmigrant visas from any upcoming immigration restrictions as part of his response to the COVID-19 pandemic, saying temporary guest workers are essential to companies that depend on seasonal labor.

  • May 27, 2020

    USCIS Plans To Reopen Offices In June After 2-Month Pause

    U.S. Citizenship and Immigration Services will begin reopening its offices and resume citizenship ceremonies in early June, more than two months after the agency canceled in-person services as a protective measure during the coronavirus pandemic.

  • May 27, 2020

    Private Prison Co. Sues Netflix For Using Logo In 'Messiah'

    Private prison operator GEO Group Inc. accused Netflix of trademark infringement and defamation for using its logo in the fictional TV series "Messiah," which portrays immigrants detained in overcrowded cages, according to a lawsuit filed Wednesday in Florida federal court.

  • May 27, 2020

    Nonprofits Slam 'Strawman' Defense Of Opt-In Refugee Order

    A group of nonprofits rebuked the Trump administration's "strawman" defense of its executive order allowing states and local governments to essentially opt out of accepting refugees, urging a federal appeals court Tuesday to uphold a lower court ruling halting the mandate.

  • May 26, 2020

    Chinese Investors Push Again For Sanctions In Fraud Suit

    Chinese investors told an Illinois federal judge Tuesday that they're worried they won't learn what happened to $45 million they pumped into a failed Chicago real estate project before its owners go bankrupt and creditors line up to collect their money.

  • May 26, 2020

    DOL Looks To Beat Congress' Review Clock With 3 New Rules

    The U.S. Department of Labor finalized regulations last week covering pay and overtime issues and the labor secretary's power to review administrative decisions, looking to lock in key rules before they become fair game for the next Congress to rescind. Here, Law360 looks at the rules' potential impact on businesses and workers.

  • May 26, 2020

    US Exempts Foreign Athletes From Virus-Related Travel Bar

    Countries facing travel restrictions as a result of the coronavirus pandemic can now send their athletes to the U.S. after the Trump administration made an exception for them, saying sporting events are crucial for restarting the economy.

  • May 26, 2020

    Immigrant Doctor Says Merck Can't Nix Suit Over Revoked Job

    A doctor with a student visa argued Monday that Merck can't slip her claim that it rescinded a job offer because it had failed to look into her visa status, saying it hadn't proven the recruiter who told her she "should be OK" had quit before the conversation supposedly took place.

  • May 26, 2020

    ICE Defends Transferring Fla. Detainees During Pandemic

    The federal government is defending its authority to continue transferring detained immigrants between facilities during the coronavirus pandemic, after advocates involved in a proposed class action accused the government of moving detainees around to manipulate population statistics and shirk a federal court order.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Feds Say States Need Not Look Into Special Immigrant Status

    The federal government has recommended the U.S. Supreme Court deny a certiorari petition seeking to toss a Kentucky high court ruling that state courts do not have to investigate an immigrant minor's lawful permanent residency eligibility, saying family courts should only apply state law when making the determinations.

  • May 22, 2020

    Fla. Detainees May Get Partial Cert. In COVID-19 Suit

    A Florida federal judge has recommended partial class certification for a group of detainees in three immigration detention centers who allege that the government failed to follow its own guidance to prevent the spread of COVID-19.

  • May 22, 2020

    State Dept. Plans Changes To Au Pair Rules After Wage Ruling

    The federal government is revising its au pair program to clarify that the program is governed by federal and not state law after a federal appeals court ruled that au pairs must be paid higher state minimum wages, a State Department official confirmed to Law360 on Friday.

  • May 22, 2020

    Immigrant-Run Startups In Jeopardy During Pandemic

    The U.S. economy, which has been battered by the coronavirus pandemic, could suffer further job losses if immigrant startup founders encounter business disruptions that could jeopardize their visa status and force them to leave the country.

  • May 22, 2020

    Feds, US Allies Agree On New Dates For Green Card Apps

    The federal government and a class of about 10,000 Afghan and Iraqi translators asked a D.C. federal court to approve a plan placing new deadlines for the government to expedite approval of the allies' green card applications.

  • May 22, 2020

    Barnes & Thornburg Adds Immigration Atty In Atlanta

    An immigration lawyer with nearly two decades of experience has joined Barnes & Thornburg LLP as a partner in its labor and employment practice group in Atlanta, the firm said. 

  • May 21, 2020

    USCIS Nixes Itinerary Policy In Settling Guest Worker Visa Suit

    U.S. Citizenship and Immigration Services will be dropping changes it made to its H-1B guest worker visa program to resolve an information technology trade group's claims that the policies were unlawful and were unlawfully implemented.

  • May 21, 2020

    'Binary Choice' Leaves Detained Families In Limbo, Attys Say

    Detained mothers were ushered into a Texas courtroom earlier this month and asked to raise their hand if they agreed to be separated from their children. Over a two-day period, this "binary choice" was thrust upon detained families across the country, and their attorneys say it's the Trump administration's second whack at family separation.

  • May 21, 2020

    Trump Admin. Defends Border Wall Waivers At High Court

    The federal government on Thursday asked the U.S. Supreme Court to uphold two decisions tossing environmental groups' efforts to halt construction of the Trump administration's southern border wall in California, Arizona, New Mexico and Texas.

Expert Analysis

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Justices' SEC Disgorgement Ruling May Shape FCPA Matters

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    The U.S. Supreme Court’s upcoming opinion in Liu v. U.S. Securities and Exchange Commission may call into question when Foreign Corrupt Practices Act settlements should be subject to disgorgement, say Matthew Rutter and Neal Hochberg at Charles River Associates.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • Trapping Interpol Misuse: Inside The Proposed TRAP Act

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    If the Transnational Repression Accountability and Prevention Act is enacted into law, it could lead to increased controls and transparency in the Interpol notice and diffusion processes, and would likely scale back some of the U.S. immigration policies that appear to acquiesce to Interpol, say attorneys at Kobre & Kim.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • With Friends Like These: The Amicus Questions In Flynn Case

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    A D.C. federal judge's recent appointment of amicus curiae to address whether the Michael Flynn case can proceed is reminiscent of the judicial overreach that the U.S. Supreme Court criticized and reversed this month in U.S. v. Sineneng-Smith, says Lawrence Ebner at Capital Appellate Advocacy.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • Opinion

    Trump's Immigration Orders Stand On Empty Authority

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    President Donald Trump's proclamations banning targeted groups of noncitizens from entering the U.S., including the recent coronavirus-related order, exceed his authority as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which the U.S. Supreme Court failed to consider in Trump v. Hawaii, says Adam Rosen of Murthy Law. 

  • Pandemic Presents Teamwork Test For Law Firms

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    To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

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