Immigration

  • February 21, 2024

    Residential Developer Loses Bid For Temp Foreign Pipelayers

    A residential real estate developer can't temporarily hire 20 foreign pipelayers to work on five new projects after a U.S. Department of Labor appeals board ruled that the developer failed to show a certifying officer that the jobs were seasonal.

  • February 21, 2024

    Texas Seeks Nonprofit Shutdown, Alleges Migrant Smuggling

    Texas' attorney general wants a court in El Paso County to shut down a Catholic nonprofit organization for allegedly denying the state immediate access to records to evaluate whether the organization was smuggling or harboring migrants, among other alleged legal violations.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    Farms Say Workers Haven't Tied Them To Abusive Tactics

    Two agricultural companies look to escape claims that they trafficked a group of migrant workers, telling a Michigan federal court that the workers hadn't shown how they could have known that a recruiter used abusive tactics to obtain their labor.

  • February 20, 2024

    Developers Deny 'Shell Game' Amid Push For More Sanctions

    Real estate developers facing potential imprisonment over their failure to pay EB-5 investors at least $26 million in settlement and sanction judgments have told an Illinois federal court their money is not hidden in a "shell game" but rather tied up in receivership proceedings the investors already know about.

  • February 20, 2024

    Restoration Architect Says Visa Denial Ignored Evidence

    A Colombian restoration architect who wants to address the affordable housing shortage in the U.S., accused immigration officials in Florida federal court of disregarding more than 1,000 pages of evidence in denying him a national interest waiver for a visa.

  • February 20, 2024

    Permanent Need Dooms Request For H-2B Home Health Aides

    A U.S. Department of Labor appeals board has upheld the rejection of a business's request to hire four home health aides under the H-2B temporary foreign worker program, determining a certifying officer did not act arbitrarily and capriciously in finding the company failed to show its need for workers was temporary.

  • February 20, 2024

    Lack Of Evidence Kills Biz Group's Bid To Hire Foreign Janitors

    A U.S. Department of Labor appeals board shot down a Las Vegas-based Hispanic business group's bid to hire 100 foreign janitors to work during its event season, saying the group failed to hand over evidence to back its seasonal need.

  • February 20, 2024

    GOP Sens. Seek Full Impeachment Trial For Mayorkas

    A group of Senate Republicans made the case on Tuesday that their constitutional duty compels them to hold a full impeachment trial for Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, despite reservations from other Republicans in the Democrat-led Senate.

  • February 16, 2024

    Texas County Says State's Migrant Arrest Law Will Raise Costs

    Texas' Harris County urged a federal court to grant the Biden administration's bid to block an impending state law that would allow Texas to arrest and deport migrants, saying the law, if enforced, would lead to increased jail-related costs.

  • February 16, 2024

    DOL Faulted For Not Explaining Ala. Sonic's H-2B Visa Denial

    A U.S. Department of Labor appeals board has given the operator of an Alabama Sonic Drive-In another chance at temporarily hiring foreign cooks to help out in warm months, ruling that a certifying officer denied an application for the H-2B visa program without a satisfactory explanation.

  • February 16, 2024

    Union Can't Intervene In Fight Over NY Farm Laborers Law

    The United Farm Workers can't intervene in a case over a state law covering protections for agricultural workers, a New York federal judge ruled Friday, saying the union's interests in organizing and upholding the statute won't be harmed.

  • February 16, 2024

    House Lawmakers Unveil $66.3B Military, Border Bill

    A bipartisan group of U.S. House of Representatives lawmakers introduced legislation on Friday that would provide $66.32 billion to support Ukraine, Israel and Taiwan, as well as enact border reforms.

  • February 16, 2024

    Green Card Approvals Sink To All Time Low

    The United States' green card approval rate hit a historic low amid visa caps, with only 3% of those with pending green card applications on track to receive permanent residency in fiscal year 2024, the Cato Institute reported Thursday.

  • February 15, 2024

    GAO Rejects Protests Against ICE Air Charter Deal

    The U.S. Government Accountability Office denied two protests related to the U.S. Immigration and Customs Enforcement solicitation for air charter services for transportation of noncitizens in federal custody, according to two decisions published Thursday.

  • February 15, 2024

    Texas Migrant Arrest Law Needs 'A Lot More Care,' Judge Says

    A Texas federal judge Thursday seemed poised to block a controversial state law that would permit the state to arrest and deport migrants, telling attorneys for the state that the statute may lead to a patchwork of immigration law akin to "the kind of thing the Civil War said you can't do."

  • February 15, 2024

    HHS Watchdog Finds Lax Vetting For Migrant Kid Sponsors

    The U.S. Department of Health and Human Services was lackadaisical in vetting sponsors taking custody of children who migrated to the U.S. alone and did not always do timely safety checks after their release, according to a report Thursday.

  • February 15, 2024

    9th Circ. Unconvinced That Theft Doesn't Warrant Removal

    A Mexican man fighting deportation after he was convicted of robbery couldn't convince the Ninth Circuit that the state robbery law supporting his conviction was too broad to force his removal.

  • February 15, 2024

    ICE Reaches Settlement Over Mistaken Raid On Couple

    The government has reached a settlement with an elderly Boston woman and the estate of her longtime partner over a mistaken 2019 U.S. Immigration and Customs Enforcement raid on their apartment by agents who had the wrong address for a suspect, according to a Thursday court filing.

  • February 14, 2024

    NY Judge Sends Migrant Busing Suit Back To State Court

    A state court will hear the New York City social services commissioner's $708 million lawsuit seeking to hold charter companies liable for Texas' migrant busing policies, after a New York federal court ruled Wednesday that the case does not raise federal questions.

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    Investors Urge Prison As Developers Seek More Briefing Time

    Two real estate developers on Wednesday asked for more time to respond to EB-5 investors' request that they be imprisoned for hiding their money instead of paying overdue settlements and sanctions judgments, telling an Illinois federal judge their attorney wrote down the court's deadline incorrectly.

  • February 14, 2024

    House Rep. Green Plans Retirement After Mayorkas Fight

    Rep. Mark Green, R-Tenn., chair of the U.S. House Committee on Homeland Security, said Wednesday evening he will not seek reelection, an announcement that comes one day after he led the impeachment of the U.S. Department of Homeland Security secretary.

  • February 14, 2024

    DHS Warns Of Reduced Operations With Budget Shortfall

    The U.S. Department of Homeland Security is warning it may have to pare back border security initiatives and removal procedures, while green card and asylum backlogs worsen, if Congress doesn't provide additional funding, per a Wednesday email to Law360.

  • February 14, 2024

    Va. Farms Settle H-2A Workers' Allegations Of OT Violations

    A wage dispute lodged by two Mexican farmworkers who accused a Virginia agricultural association and two farms of cheating them and other temporary agricultural workers out of over $2.5 million in overtime pay is now settled, the parties said Wednesday.

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Expert Analysis

  • 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

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    With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

  • Opinion

    Increasing Law Firm Polarization Will Degrade Rule Of Law

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    As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.

  • How To Deal With Difficult Clients, Practically And Ethically

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    Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.

  • Opinion

    Federal Courts Should Adopt Supreme Court's Amicus Stance

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    The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Digital Nomads: Key Considerations For Global Businesses

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    As employers and employees embrace remote, location-independent work arrangements enabled by technology, they must be mindful of the employment law and tax consequences such arrangements may trigger, say Hannah Wilkins and Audrey Elliott at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Employee Immigration Considerations For M&A Due Diligence

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    For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

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