Immigration

  • May 17, 2018

    2nd Circ. RFRA Damages Ruling Doesn't Erase Controversy

    The Second Circuit this month demonstrated the Religious Freedom Restoration Act’s power to hold federal officials accountable in ruling that several Muslim immigrants can seek damages for allegedly being placed on the no-fly list after refusing to be informants. But experts say the decision doesn’t ease concerns that companies and other powerful groups are co-opting the statute to justify discriminatory behavior.

  • May 17, 2018

    Immigration Standoff Threatens Farm Bill Passage In House

    Congress’ long-simmering immigration debate boiled over Thursday, potentially upsetting the five-year reauthorization of many farm and food stamp programs in the House as conservative members threatened to vote down the legislation.

  • May 17, 2018

    Lawmakers Urge DHS To Keep H-4 Work Authorization

    A bipartisan group of 130 lawmakers urged the U.S. Department of Homeland Security to keep in place an Obama-era rule that allows spouses of H-1B visa holders to work in the U.S., following the Trump administration's announcement that it would rescind their work authorization in June.

  • May 17, 2018

    9th Circ. Remands Asylum Petition For Transgender Woman

    The Ninth Circuit ruled Wednesday that the Board of Immigration Appeals must address an individual's status as transgender separately from sexual orientation when considering petitions for asylum and other protections, sending the case back to the immigration court for further proceedings.

  • May 17, 2018

    Trump Says 'Animals' Remark Only Meant Gang Members

    President Donald Trump on Thursday tried to reframe comments he made Wednesday that referred to some immigrants as "animals," saying he really meant to use the dehumanizing term only for members of gangs, not for immigrants in general.

  • May 17, 2018

    BALCA Affirms Texas Concrete Co. Can’t Hire Foreign Help

    The Board of Alien Labor Certification Appeals on Wednesday upheld the denial of a Texas concrete company’s bid to hire temporary foreign workers under the H-2B visa program, saying the business failed to show a need for the employees.

  • May 17, 2018

    ICE, CBP Hit With Suit Over Docs On 'Matador' Initiative

    An immigrant advocacy group accused U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection in New York federal court Wednesday of refusing to hand over records relating to an anti-gang initiative known as “Operation Matador,” which the group says is a pretext to target and detain immigrant youth of color.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    3 Things To Watch During The Latest EB-5 Extension Period

    On the heels of the latest recent failed attempt to make changes to the EB-5 visa program that allows foreigners to invest in a U.S. project, the development community is somewhat bifurcated in how it may respond to yet another short-term period of uncertainty, according to experts. Here, Law360 looks at three ways the next period in the EB-5 saga may unfold.

  • May 16, 2018

    Cos. In $22.5M EB-5 Fraud Row Barred From Selling Securities

    A California federal judge on Wednesday permanently restrained from selling securities two companies that the U.S. Securities and Exchange Commission claims participated in a scheme to fraudulently raise $22.5 million from Chinese investors looking to obtain green cards through the federal EB-5 visa program.

  • May 16, 2018

    Immigration Bill Roundup: Detention Sites, Visa Overstays

    Both federal and state lawmakers have pushed legislation this month that would reduce the practice of immigration detention, tackle visa overstays and limit the disclosure of immigration status in California courts. Here, we examine their proposals.

  • May 16, 2018

    ICE Arrests 78 In 5-State Sweep Across Midwest

    U.S. Immigration and Customs Enforcement arrested 78 undocumented immigrants in a five-state sweep last week in the Midwest, ICE officials announced Tuesday, as part of the Trump administration's attempt to crack down on illegal immigration in the name of public safety.

  • May 16, 2018

    EB-5 Investor Suit Against Jay Peak Owner Dismissed

    A Florida federal judge dismissed an investor class suit against Jay Peak ski resort owner Ariel Quiros over his alleged role in a $350 million EB-5 visa fraud suit, ruling that the investors don't have standing to bring the claims, which he said would allow them to "double dip" on recoveries.

  • May 16, 2018

    2nd Circ. Remands Jamaican's Detention Row To Lower Court

    The Second Circuit ruled Wednesday that a New York federal court erred on the section of immigration law under which a Jamaican native should be detained, sending the case back to the lower court to determine whether the man is entitled to a bond hearing in light of the U.S. Supreme Court’s recent Jennings ruling.

  • May 16, 2018

    Gov't Temporarily Blocked From Ending Man's DACA Status

    A Washington federal judge on Tuesday temporarily barred the federal government from terminating a Mexican man’s status and work authorization under the Deferred Action for Childhood Arrivals program and from continuing to assert that he may be affiliated with a gang.

  • May 15, 2018

    BALCA Affirms Denial Of H-2B Certification For Florida Co.

    The Board of Alien Labor Certification Appeals on Monday upheld the denial of a temporary visa certification for a Florida transportation company after the firm missed a deadline to recruit American citizens first for its open seasonal positions.

  • May 15, 2018

    Calif., Enviros Ask 9th Circ. To Revive Border Wall Suit

    The state of California and several environmental organizations have urged the Ninth Circuit to overturn a lower court’s nixing of their challenge to the Trump administration's planned border wall in the state, saying the projects must first undergo environmental impact assessments.

  • May 15, 2018

    DACA's Legality, Rollback Focus Of 9th Circ. Arguments

    The Ninth Circuit heard oral arguments Tuesday in a case challenging the Trump administration’s attempted rescission of the Deferred Action for Childhood Arrivals program, with both sides focusing on the government’s assertion that the initial implementation of the program was unlawful.

  • May 15, 2018

    Ohio To Assist Legal Immigrants With Life In Midwest

    Ohio Gov. John Kasich on Tuesday ordered the creation of an advisory committee and a government office to assist immigrants who are in the U.S. legally with acclimating to life in the Midwestern state and with securing jobs and other opportunities.

  • May 15, 2018

    Private Detainee Center Can't Dodge Labor Abuse Row

    A California federal judge on Monday declined to toss a putative class action filed by immigrants who allege that their wages were stolen by the owner of a privately run detention facility, but did pare back some of the wage allegations.

Expert Analysis

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Interpreting The Stop-Time Rule In Pereira V. Sessions

    Denyse Sabagh

    The U.S. Supreme Court recently heard oral arguments in Pereira v. Sessions, an immigration case that questions the clarity (or lack thereof) of the Immigration and Nationality Act's "stop-time" rule. A key practical issue seemed to be on the mind of many of the justices ― immigration courts are notoriously backlogged, say attorneys with Duane Morris LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • National Security Concerns May Prevail In Travel Ban Case

    Jeffrey Gorsky

    U.S. Supreme Court oral arguments Wednesday in Trump v. Hawaii seemed to split along traditional liberal-conservative lines, but the court’s ultimate decision may come down to questions regarding national security, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • The 4 Travel Ban Questions Before The High Court

    Paul Virtue

    The U.S. Supreme Court will soon hear arguments in Trump v. Hawaii, the challenge by the state of Hawaii to President Donald Trump's so-called travel ban. The court agreed to review three questions raised in the government’s petition for writ of certiorari and a fourth question addressed by two lower courts, say attorneys with Mayer Brown LLP.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • The Latest Defeat Of Trump's 'Sanctuary' City Policies

    Jeffrey Gorsky

    Based on a California federal judge's recent decision in City of Los Angeles v. Sessions, prohibiting the U.S. Department of Justice from using a locality’s cooperation on immigration enforcement to determine eligibility for grants, it appears the Trump administration’s "sanctuary" city initiatives are likely to remain tied up in or blocked by litigation, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Examining Due Process For Immigrant Workers' Comp Claims

    Agota Peterfy

    Can an unauthorized immigrant living in the U.S. who is injured at work due to inadequate equipment or facilities or lack of appropriate safety protocols seek legal redress? The U.S. Constitution says undoubtedly yes, while years of practice cloud that position with doubt, say Agota Peterfy and Tyler Schwettman of Brown and James PC.