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Immigration
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January 12, 2024
Up Next At High Court: Chevron Deference, Corp. Filings
The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes.
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January 12, 2024
Justices Take Up Citizens' Rights In Spousal Visa Applications
The U.S. Supreme Court granted the Biden administration's petition on Friday to review whether the government must provide a timely detailed explanation for denying spousal visa applications and whether citizens can seek judicial review of those denials.
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January 12, 2024
High Court Eyes Chevron Deference: What You Need To Know
Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.
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January 12, 2024
ICE Agrees To Post Bond Policies Online To Settle FOIA Suit
A California federal judge approved a settlement between U.S. Immigration and Customs Enforcement and bond-funding organizations that demanded the agency post its immigration bond policies online, which ICE agreed to do as well as pay $15,000 in attorney fees.
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January 12, 2024
Texas Blocking Fed Agents From Border Areas, Justices Told
The Biden administration told the U.S. Supreme Court early Friday that Texas was blocking border agents from accessing U.S.-Mexico border areas used to monitor migrant safety, saying Texas' actions warrant nixing an injunction prohibiting agents from disturbing Texas' concertina-wire barriers.
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January 11, 2024
Separated Families Say Feds Can't Keep Depositions Secret
Migrant families separated at the border under the Trump-era federal zero-tolerance policy urged a California federal judge to publicly release the depositions of senior officials.
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January 11, 2024
Ethiopian Asylum-Seeker Sues USCIS Over 'Delayed' Process
An Ethiopian man on Thursday sued the U.S. Citizenship and Immigration Services in Texas federal court over the agency's delay in processing his now-seven-year-old asylum application, even though his daughter's application which was based on his persecution in Ethiopia was approved in two years.
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January 11, 2024
Farms Demand Look At DOL Justification For H-2A Wage Rule
Critics challenging the new wage calculations for H-2A workers have asked a North Carolina federal judge if they can look into the U.S. Department of Labor's decision-making process, saying they want a chance to prove the agency overlooked the rule's impact on illegal immigration.
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January 11, 2024
NY Man Indicted For Posing As Immigration Attorney
A New York City resident was indicted Thursday on charges alleging he masqueraded as an immigration attorney and falsely promised to assist clients with their cases when he had no license to do so.
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January 11, 2024
Biden Admin To Settle Trump-Era Migrant Separation Suit
The Biden administration and migrant families separated during the Trump era told an Arizona federal judge they have reached a tentative agreement to settle a 2019 lawsuit from the families seeking civil damages for emotional trauma.
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January 10, 2024
DHS Loses Bid To Shake Hunger Strike Retaliation Case
A New York federal judge on Wednesday refused to free the U.S. Department of Homeland Security from a lawsuit claiming it violated the rights of immigrant detainees by transferring them as punishment for a hunger strike, rejecting the government's argument that the court doesn't have jurisdiction over the dispute.
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January 10, 2024
House Panel Advances DOL Human Trafficking Detection Bill
A House panel advanced a bipartisan bill Wednesday to crack down on human trafficking by enhancing training for Department of Labor employees to detect and assist law enforcement in cases of forced labor or sexual exploitation.
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January 10, 2024
Impeachment Expert Chills GOP Push To Oust Mayorkas
An impeachment scholar threw cold water Wednesday on a Republican effort to oust U.S. Homeland Security Secretary Alejandro Mayorkas, saying that mere policy disagreements with the Biden cabinet secretary won't fly as a constitutional basis for impeachment.
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January 10, 2024
Group Tells Justices Texas Wire Fence Doesn't Impede Feds
The Immigration Reform Law Institute has urged the U.S. Supreme Court to uphold a Fifth Circuit decision allowing Texas to keep barbed wire along the southern border, saying the fence does not interfere with federal agents' enforcement of immigration law.
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January 10, 2024
Farm Gets Another Go At Foreign Hire Bid For Foaling Season
A U.S. Department of Labor appeals board has revived a horse farm's quest to hire foreigners to help out during the 2024 horse breeding and foaling season, saying a DOL officer mischaracterized information submitted to prove the farm's temporary worker need.
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January 10, 2024
Wash. Health Dept. Says GEO Blocking Probe Of ICE Prison
Washington's health department has alleged in a complaint moved to federal court that private prison operator GEO Group is refusing to let the state investigate hundreds of detainee complaints concerning health and safety issues like unsafe food and solitary confinement misuse.
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January 09, 2024
Texas Tells Justices Feds Waived Border Wire Arguments
Texas urged the U.S. Supreme Court Tuesday to deny the Biden administration's emergency application to vacate a Fifth Circuit order barring federal agents from disturbing wire border barriers, arguing the federal government is belatedly trying to reformulate the case.
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January 09, 2024
11th Circ. Won't Let Advocates Argue In DHS Release Appeal
Legal service providers lost their bid to participate in oral arguments in support of Biden administration migrant parole programs that were blocked by a Florida federal judge, according to a one-line order from the Eleventh Circuit.
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January 09, 2024
Biden Admin Close To Finalizing Immigration Fee Increases
U.S. Citizenship and Immigration Services' first application fee increases in seven years appear imminent, with the agency sending its final fee schedule to the White House earlier this week.
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January 09, 2024
EB-5 Visa Fraud Suit To Stay In Florida State Court
Two men accused of defrauding millions of dollars from green card hopefuls through a visa program for foreign investors will have to fight allegations in Florida state court after a Florida federal judge refused to send their case to arbitration.
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January 09, 2024
Pryor Cashman Names 2 Practice Co-Chairs, Promotes 9 Attys
Two high-profile partners at midsize transactional and litigation law firm Pryor Cashman LLP have been rewarded with new titles, the firm announced Tuesday.
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January 08, 2024
DOL Judge Boots Carnival Operators From H-2B Program
The U.S. Department of Labor properly barred two traveling carnival companies from hiring foreign workers through the H-2B visa program, an administrative law judge ruled, finding the companies flagrantly violated program rules and then impeded the agency's investigation.
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January 08, 2024
Justices Skeptical Of Gov't Mootness Claims In No-Fly Case
Several U.S. Supreme Court justices expressed skepticism Monday about whether the federal government can moot a lawsuit over a now-rescinded listing on the federal no-fly list when it remains unclear what landed the challenger on the list in the first place.
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January 08, 2024
Justices Criticize Feds' Two-Step Removal Notice Scheme
U.S. Supreme Court justices criticized the Biden administration's position that the first notices to migrants for removal proceedings don't need to contain a hearing time and location, saying Monday the argument would allow the government to issue blank notices.
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January 08, 2024
Muslim CBP Officer Says He Was Punished For Keeping Beard
A Detroit-based Customs and Border Protection officer slapped the federal government with a lawsuit Monday, claiming he was targeted with a bogus investigation into his conduct after pushing back on a supervisor's directive that he shave his beard.
Expert Analysis
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Minn.'s New Common Interest Doctrine: A Primer
In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.
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Congressional Probes After The Midterms: Tips For Witnesses
With the GOP planning a barrage of investigations into the Biden administration if it wins control of the House this fall, current and former government officials and corporate executives who might be called as witnesses must prepare to protect their personal interests — and those of their organizations, says Kevin Carroll at Hughes Hubbard.
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Risk Mitigation In Face Of Rising Legal Malpractice Claims
As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.
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Series
Keys To A 9-0 High Court Win: Look For Common Ground
When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.
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Latest Sanctions Narrow Path To Legal Dealings In Russia
The latest round of sanctions and export controls from the U.S., U.K. and EU after Russia's purported annexation of Ukrainian regions demonstrates a commitment to strong sanctions, even in the face of heightened energy needs, and shows businesses the escalating risks associated with continued dealings in Russia, say attorneys at Kirkland.
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Limiting The Scope Of Representation Is Critical For Lawyers
A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
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Attys Shouldn't Assume Judicial Critique Is Protected Speech
As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
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Series
Keys To A 9-0 High Court Win: Practicality Over Perfection
When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
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What New Bar Exam Means For Law Students And Schools
Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.
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DOJ Deals Showcase Job Ad Bias Enforcement Trends
Over the past four months, the U.S. Department of Justice has settled 20 claims related to job ad discrimination toward non-U.S. citizens, highlighting a clear indication of the department’s investigatory focus and reminding employers of key compliance measures, say attorneys at Quarles & Brady.
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Apple's New Messaging Features Will Complicate E-Discovery
Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.
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Takeaways From State Department's EB-5 Visa Delays
Nataliya Rymer at Greenberg Traurig discusses possible reasons behind the U.S. Department of State's unexpected announcement regarding processing delays for certain EB-5 visas, as well as key considerations for those potentially affected by the delays.
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Law Firm Inclusion Efforts Often Overlook Business Staff
Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.
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An Associate's Guide To Rebounding After A Layoff
Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.