Immigration

  • April 24, 2015

    Replaced Employees Challenge H-4 Spousal Work Rule

    A group representing former Southern California Edison Co. computer workers launched a suit in Washington, D.C., federal court Thursday challenging a U.S. Department of Homeland Security regulation that authorizes certain H-1B dependent spouses who possess H-4 visas to work, saying the rule robs them of their domestic labor protections.

  • April 24, 2015

    DOJ Tells High Court 5th Circ. Fumbled BIA Deportation Ruling

    The U.S. Department of Justice continued its push for the U.S. Supreme Court to revive a Mexican man's deportation challenge over a blown deadline, telling the justices the Fifth Circuit mischaracterized a Board of Immigration Appeals' decision, according to a filing released Friday.

  • April 24, 2015

    Center Threatened Detainees Over Hunger Strike, Suit Says

    The operators of an immigration detention facility violated the First Amendment rights of women participating in a hunger strike by locking them in isolation cells and threatening to take their children, a proposed class action filed Thursday in Texas federal court alleges.

  • April 24, 2015

    Migrant Workers Fight To Keep HR Co. In Discrimination Row

    A group of Haitian workers who claim a Florida blueberry farm discriminated against them urged a federal judge Thursday not to release a human resources firm from the class action, saying the company is trying to escape on a technicality.

  • April 24, 2015

    5 Questions To Watch At High Court Marriage Arguments

    The U.S. Supreme Court is set to hear historic oral arguments Tuesday on whether same-sex marriage is a constitutional right, and the justices will have to navigate a thicket of thorny issues to decide the matter. Here, Law360 looks at five pivotal questions to watch.

  • April 24, 2015

    DHS, DOL Say They Are Close To Issuing New H-2B Visa Rule

    A new rule governing the H-2B labor certification process is being reviewed by the Office of the Federal Register and could be published as soon as next week, lawyers for the U.S. Department of Labor and Department of Homeland Security told a Florida federal judge Friday.

  • April 24, 2015

    Q&A With Epstein Becker & Green's Jang Hyuk Im

    Misunderstandings by the mass media, which often confuses illegal and legal immigration, create a difficult environment to have a rational dialogue about immigration reform. Unfortunately, the media — and as a result the public — tend to equate legal immigration with illegal immigration and amnesty, says Jang Hyuk Im of Epstein Becker & Green PC.

  • April 24, 2015

    Q&A With Quan Law Group's Alexandre Afanassiev

    One issue immigration attorneys should be able to unite around is our opposition to the unauthorized practice of law by so-called notarios. Some present themselves as attorneys to unsuspecting immigrants — especially from Latin American countries, where notaries are lawyers — which can lead to terrible consequences, says Alexandre Afanassiev of Quan Law Group PLLC.

  • April 23, 2015

    DHS Has Final Say To Initiate Deportation, 10th Circ. Rules

    An immigration judge and the Board of Immigration Appeals can't review the U.S. Department of Homeland Security's decision to move ahead with deporting a Mexican national, the Tenth Circuit ruled Thursday.

  • April 23, 2015

    College Profs Tell 8th Circ. To Nix Gay Marriage Ban Appeal

    A group of 25 college professors filed an amicus brief Wednesday urging the Eighth Circuit to toss an appeal brought by Nebraska Gov. Pete Ricketts seeking to revive the state’s same-sex marriage ban, saying that marriage has served many purposes beyond procreation throughout American history.

  • April 23, 2015

    Rep. Reintroduces Bill To Allow Immigrants Into Military

    U.S. Rep. Jeff Denham, R-Calif., announced on Thursday that he would reintroduce a bill that would allow immigrants brought into the country illegally as children to serve in the U.S. military.

  • April 23, 2015

    Immigration Attys Sue CBP Over 'Sluggish' FOIA Responses

    U.S. Customs and Border Protection is violating federal laws and stymieing immigration relief petitions by routinely failing to timely respond to Freedom of Information Act requests, immigration lawyers and noncitizens contended Wednesday in their amended putative class action.

  • April 23, 2015

    NY District Blocked Refugee Kids From High School, Suit Says

    A civil liberties group and legal aid service filed a potential class action in New York federal court against an upstate school district Thursday, accusing the district of discriminating against certain refugee students by excluding them from a public high school.

  • April 23, 2015

    Bill Would Speed Up Visa Process For Foreign Med Students

    Two bipartisan members of the House Foreign Affairs Committee on Tuesday introduced a bill to speed up the review of visa applications for students from abroad who are trying to come to the U.S. to participate in medical graduate programs.

  • April 23, 2015

    Senate Confirms Lynch As Attorney General

    The U.S. Senate on Thursday confirmed Loretta Lynch as the new U.S. attorney general, replacing the outgoing Eric Holder and ending the longest wait on a confirmation vote of an attorney general nominee in recent history.

  • April 23, 2015

    1st Circ. Lets Stand Order To Produce Logs In Visa, Wage Suit

    The First Circuit declined Wednesday to review a lower court's decision ordering a legal services organization to provide privilege logs from its study of labor practices at carnivals as part of an employment and immigration class action, saying it’s too early to appeal a discovery ruling.

  • April 23, 2015

    Q&A With Snell & Wilmer's Manuel Cairo

    Perhaps the most salient issue in my practice area is the misconception that our economy does not need immigrant workers. One of the greatest failures of our nation's immigration debate is its inability to include an honest discussion about our labor needs — that silence has unfortunately left employers to sort out the mess, says Manuel Cairo of Snell & Wilmer LLP.

  • April 23, 2015

    Q&A With Thompson Hine's Sarah Flannery

    I support revising the process U.S. companies must use to test the American labor market before sponsoring some foreign national talent for permanent residency. Who looks for jobs — especially those in the tech sector — in a Sunday newspaper anymore? asks Sarah Flannery of Thompson Hine LLP.

  • April 22, 2015

    Mandatory E-Verify Bill Introduced in Senate

    Sen. Chuck Grassley, R-Iowa, introduced a bill Tuesday that would require that all employers use the E-Verify program to check that new hires are authorized to work in the U.S. 

  • April 22, 2015

    Golf Resort Fights Paying H-2B Workers New Prevailing Wage

    A golf resort operator accused of underpaying seasonal immigrant workers told a South Carolina federal court Tuesday that their putative class action should be dismissed because the company wasn't obligated to reimburse their travel costs or pay a new prevailing wage for H-2B workers.