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Immigration
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September 25, 2023
Biometrics No Longer Needed to Change Nonimmigrant Status
Biometrics will no longer be taken from most foreigners in the U.S. on nonimmigrant visas looking to extend their stay or change their non-immigrant status starting in October, U.S. Citizenship and Immigration Services announced Monday.
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September 25, 2023
Biden Admin Says It's Not Separating Families Like Trump Did
The Biden administration has responded to concerns about family units that have been split up in migrant holding facilities in the Rio Grande Valley, saying the separations differed from those that occurred during the Trump presidency, as they were only temporary measures taken to alleviate overcrowding and keep children safe.
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September 25, 2023
Watchdog Says DHS Needs Better Biometrics Strategy Plan
The inspector general for the U.S. Department of Homeland Security said in a new report that the agency lacks a strategic plan to manage its biometric capabilities across its components, with no updates to the strategy made in eight years.
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September 25, 2023
DHS Monitoring Of Its Major Systems Falls Short, OIG Says
The U.S. Department of Homeland Security and its sub-agencies should better monitor major systems they acquire once they are in use, according to DHS' internal watchdog, which found shortcomings in analyses of systems that cost $1.1 billion to run in 2021.
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September 25, 2023
Jailed Engineer Rips Quinn Emanuel, WilmerHale Legal Bill
A former Analog Devices Inc. engineer convicted of trade secrets theft slammed prosecutors' request that he cover his ex-employer's $600,000-plus legal tab with WilmerHale and Quinn Emanuel, pointing to "staggering" rates including the $1,685 per hour former acting U.S. Attorney William Weinreb billed to sit in on the monthlong trial.
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September 22, 2023
Bid To Nix ICE Doc's Subpoena Of Detainees' Lawyer Punted
A south Georgia federal court has ruled it lacks jurisdiction over a doctor's subpoena seeking to depose the lawyer representing migrant women who accuse the doctor of performing unnecessary procedures on them without consent at an Immigration and Customs Enforcement detention center, punting the motion upstate.
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September 22, 2023
Chevron Doctrine Supporters Flock To High Court In Key Case
Health groups, scientists, a labor federation, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.
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September 22, 2023
Texas Tells 5th Circ. Judge 'Imagined Evidence' In Buoy Fight
Texas told the Fifth Circuit that a preliminary injunction requiring it to move a floating barrier in the Rio Grande to the river bank wrongly relied on evidence outside the case record, some of which the Lone Star state called "false."
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September 22, 2023
Ink Maker Loses H-2B Hire Bid For Wrongly Revised Job Order
A U.S. Department of Labor appeals board has refused to revive a printer ink manufacturer's bid to temporarily hire a foreign printer technician and operator, saying Thursday that the company failed to amend a job order in the way it was asked to.
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September 22, 2023
Russian Exec Should Get 21 Mos. For Asylum Fraud, Feds Say
The co-director of an immigration assistance company should get 21 months in prison for facilitating years of asylum fraud, perjuring himself during trial and defending his conduct after his conviction, Manhattan federal prosecutors said in a filing Thursday.
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September 22, 2023
Immigration Judges' Free Speech Challenge Tossed Again
A Virginia federal judge has ruled that the National Association of Immigration Judges has standing to challenge a policy the judges say violates their right to freely discuss their immigration views in public but ultimately nixed their lawsuit, saying it belongs elsewhere.
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September 21, 2023
Protection Extended For Afghan Students, Venezuelans In US
The Biden administration said Thursday that it is extending immigration protections for Afghan students in the U.S. who are experiencing severe economic hardships due to continuous armed conflict in Afghanistan since the Taliban's takeover, acting a day after extending protection from deportation for nearly 500,000 Venezuelans.
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September 21, 2023
Afghan Allies Say Watchdog Rebuke Shows Need For Fast SIVs
Afghan and Iraqi translators called on a Washington, D.C., federal court to take further steps to speed up their applications for special immigrant visas, citing a federal watchdog's recent rebuke of the government's "piecemeal approach" to SIV processing.
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September 21, 2023
UPS Settles With DOJ Over Immigration-Related Bias
UPS will pay nearly $100,000 to rectify allegations that it discriminated against non-U.S. citizens who had valid legal documents rejected by the shipping company when trying to obtain necessary work credentials, the U.S. Department of Justice announced Thursday.
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September 21, 2023
More Asylum-Seekers Heading To Houston, Chicago, LA
As August set a new record for deportation hearings initiated in a single month, statistics also show more asylum-seekers arriving in major cities in Texas, Illinois, Florida and California than in previous months, according to a new report.
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September 21, 2023
DHS Asks Justices Not To Fast-Track H-4 Work Permit Appeal
The federal government has urged the U.S. Supreme Court not to hear arguments by information technology workers contesting a district court's backing of a policy allowing spouses of H-1B visa holders to work, arguing that an appeals court should rule first.
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September 20, 2023
DOL Nixes Bid For H-2B Mechanics At Ohio EV Battery Plant
A U.S. Department of Labor appeals board has backed a decision denying LG Solutions Partner LLC's request to temporarily hire foreign industrial-machinery mechanics to set up machinery for electric-vehicle battery production, saying the company failed to show a one-time hiring need.
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September 20, 2023
DHS Accounts For More Migrants Freed Under Parole Program
The U.S. Department of Homeland Security has told a Florida federal judge that out of 2,572 noncitizens it paroled under a policy he had blocked in another case, 100 have not made required check-ins with immigration officials.
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September 20, 2023
Farm, H-2A Agency Want Out Of Wage Rule Enforcement
A farm and an H-2A visa filing agency said Wednesday that the U.S. Department of Labor's recent rule on wage rates for temporary visa-holding farmworkers is already hurting them, urging a North Carolina federal judge to spare them from following it.
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September 20, 2023
DC Judge Says Feds' Visa Rule Defense Defeats Fee Bid
A D.C. federal judge denied a bid for attorney fees Wednesday from diversity visa lottery candidates who successfully challenged a Trump administration rule requiring program applicants to hold valid passports, ruling fees aren't warranted despite their victory.
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September 20, 2023
Post-Conviction Appeal Won't Stop Deportation, 1st Circ. Says
A Trinidadian woman's bid to overturn her conviction for an attack on another woman does not block her from being removed, the First Circuit held, finding an appeals board was right that her conviction was considered final for immigration purposes.
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September 20, 2023
Migrant Facility Visits Reveal Cramming, Extended Detentions
The U.S. Department of Homeland Security's internal watchdog revealed problems it found from surprise inspections at migrant holding facilities, citing prolonged detention times and overcrowding in Texas facilities, and long volunteer work hours in a Virginia facility.
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September 19, 2023
Farms Defend Delay, Fight Default Ruling In Trafficking Suit
Two farming companies are urging a Michigan federal court to toss a default judgment penalizing them for being seven days late in responding to a complaint alleging they were among six companies involved in trafficking Mexican migrant farmworkers.
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September 19, 2023
Texas Anti-Migrant Barrier Back On US Side Of Rio Grande
A floating anti-immigrant barrier in the Rio Grande erected by Texas and challenged by the Biden administration is now on the U.S. side of the river after it was repositioned from Mexican waters, according to the results of a binational survey filed in federal court on Tuesday.
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September 19, 2023
Agent In Botched ICE Raid Accused Of Misleading Magistrate
A U.S. Immigration and Customs Enforcement agent investigating identity fraud "deliberately falsified a search warrant application" that turned out to be for the wrong apartment, the plaintiffs in a lawsuit over a botched 2019 raid alleged Monday in response to the government's efforts to end the case before trial.
Expert Analysis
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Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How A Gov't Shutdown Would Affect Immigration Processing
While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.
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Opinion
Smart Immigration Reform Can Improve Health Care Access
With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Opinion
Time To End Double Standard On Kids' Green Cards
Recent changes to the U.S. Citizenship and Immigration Services rules have helped many children qualify for green cards, but the government's failure to extend these changes to consular processing unfairly leaves out children stuck abroad who need visas to join their parents in the U.S., says Edward Ramos at Kurzban Kurzban.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Litigation Can Facilitate EB-5 Investor Visa Determinations
Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.
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3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense
The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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USCIS Can Take On The Semiconductor Workforce Gap Now
While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.