Immigration

  • February 16, 2017

    Ex-DOJ Immigration Head: Travel Order Case A 'Close Call'

    Leon Fresco, the former head of the government’s Office of Immigration Litigation, dove into a range of hot-button topics in recent discussions with Law360, saying it was a “close call” whether the current version of the president’s travel ban would be able survive court review.

  • February 16, 2017

    9th Circ. Pauses Immigration Ban Suit At Trump's Request

    Ninth Circuit Chief Justice Sidney R. Thomas late Thursday agreed to pause en banc proceedings over President Donald Trump’s challenge of an order blocking the implementation of his immigration ban after the administration requested a freeze on the proceedings as it preps a new executive order.

  • February 16, 2017

    Senate Bill Will Target Trump's Sanctuary City Order

    A group of senators is taking aim at President Donald Trump’s executive action targeting internal immigration enforcement that would pull funds from so-called sanctuary cities, Sen. Catherine Cortez Masto, D-Nev., announced on Thursday.

  • February 16, 2017

    Gorsuch Nomination Hearings To Kick Off In March

    Opening statements in a hearing on Judge Neil Gorsuch’s nomination to the U.S. Supreme Court will begin on March 20, with questioning of the associate justice-designate commencing the following day, Senate Judiciary Committee Chairman Chuck Grassley said Thursday.

  • February 16, 2017

    Couple Fights SEC's $65M Penalty Bid In EB-5 Fraud Row

    A husband and wife facing allegations that they misappropriated the bulk of $26.9 million raised in an EB-5 immigrant investor program urged a California federal court on Wednesday not to listen to the U.S. Securities and Exchange Commission’s recommendation that they be ordered to pay an “excessive” $65.7 million penalty.

  • February 16, 2017

    Reps. Oppose Extra Layer Of Screening At Canada Border

    Six Northern Border Caucus members have cautioned U.S. Department of Homeland Security Secretary John Kelly against a proposal in President Donald Trump’s immigration ban that calls for additional screening for U.S.-bound travelers, saying any new security measures along the Canadian border should be coordinated between the two countries.

  • February 16, 2017

    Trump Picks Former US Attorney Acosta To Lead DOL

    President Donald Trump on Thursday tapped law school dean R. Alexander Acosta — a former U.S. attorney for the Southern District of Florida, one-time National Labor Relations Board member and the first Hispanic to ascend to the top of the U.S. Department of Justice's Civil Rights Division — to serve as secretary of labor. 

  • February 16, 2017

    KPMG Exec Says Immigration Reform Concerns Developers

    While there are signs the real estate upturn may continue through 2017, developers face a new set of questions and challenges under the Trump administration, one of which is how immigration policy might affect the construction labor workforce, Gregory L. Williams, a real estate-focused partner at KPMG, told Law360 in a recent interview.

  • February 15, 2017

    Texas AG Backs Trump Immigration Ban In 9th Circ.

    Texas Attorney General Ken Paxton threw his support behind President Donald Trump’s immigration ban on Wednesday when he urged the Ninth Circuit to reconsider last week’s decision upholding a block on the executive order, citing the president’s powers to protect national security.

  • February 15, 2017

    Puzder Out Of Running For Labor Secretary

    Fast-food executive Andrew Puzder took himself out of consideration Wednesday to serve as President Donald Trump’s labor secretary one day before his scheduled confirmation hearing as reports circulated that he lacked enough support from Senate Republicans.

  • February 15, 2017

    Production Co. Fights Sanctions Bid Over EB-5 Suit

    A film and TV production company urged a Georgia federal judge on Tuesday not to impose sanctions in a now-dismissed $45 million lawsuit alleging former NBA player Theo Ratliff and others conspired to shut it out of a prospective deal involving the EB-5 program, saying its attorneys did not act in bad faith.

  • February 15, 2017

    House Resolution Slams Judge Who Blocked Travel Ban

    Rep. Steve King, R-Iowa, has introduced a resolution to the U.S. House of Representatives criticizing the actions of a federal judge and an appeals court that obstructed the enforcement of President Donald Trump’s Jan. 27 immigration ban.

  • February 15, 2017

    Threat To Kill Not Physical Violence, 5th Circ. Says

    The Fifth Circuit has held that the Western District of Texas erred by enhancing the sentence of a man convicted of illegally re-entering the U.S. because of a previous conviction in Arkansas for making terroristic threats, finding that the prior incident did not qualify as an act of violence under federal statutes.

  • February 14, 2017

    DREAMer Detained By ICE Files Constitutional Challenge

    Gibson Dunn, Public Counsel and civil rights attorneys are representing a 23-year-old “DREAMer” who was taken into custody by immigration officials on Friday, calling the detention unlawful and unconstitutional given the man’s legal status under the Deferred Action for Childhood Arrivals program.

  • February 14, 2017

    Agent, Trainer Seek Distance From Ballplayer Smugglers' Acts

    Attorneys for a baseball agent and an athletic trainer accused of helping Cuban ballplayers gain fraudulent entry into the United States attempted to distance their clients from the alleged illegal acts during trial proceedings Tuesday in Miami.

  • February 14, 2017

    Trump Immigration Ban Blocked In Virginia

    A Virginia federal judge on Monday blocked the government from enforcing the immigration ban on individuals from seven predominantly Muslim countries against people with ties to the Old Dominion, finding there is a likelihood that Virginia will win when it comes to its Establishment Clause claim.

  • February 14, 2017

    Syrian Refugee Sues Trump Over Asylum Suspension

    A Syrian man granted U.S. asylum after being tortured and targeted by radical fighters sued the federal government on Monday for halting, in response to President Donald Trump’s immigration ban, a derivative asylum petition that could help his wife and child similarly escape the violence.

  • February 14, 2017

    NJ Pushes Bill To Bar Port Authority From Aiding Travel Ban

    New Jersey state legislators moved ahead Monday with a bill that would bar the Port Authority of New York and New Jersey from using any of its resources to implement President Donald J. Trump's executive order that called for a travel ban from seven predominantly Muslim countries.

  • February 14, 2017

    Law Schools, Bar Group Denounce Trump Attacks On Judges

    The blowback from President Donald Trump’s criticisms of federal judges related to his executive order on immigration has not abated, with the International Bar Association and two law school deans recently excoriating the president's comments about judges and the judiciary.

  • February 13, 2017

    Wash. Judge Refuses To Delay Trump's Immigration Ban Suit

    U.S. District Judge James Robart on Monday reportedly declined President Donald Trump and his administration's request to delay proceedings in a suit in Washington federal court challenging the constitutionality of his executive order banning travel from several mostly Muslim countries.

Expert Analysis

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • A Politically Feasible Approach To H-1B Reform

    Brandon Meyer

    Legislation aimed at reforming the H-1B visa program recently proposed by Rep. Zoe Lofgren, D-Calif., includes disgraceful efforts to benefit companies in her district at the expense of the rest of the country. However, once such efforts are stripped out, her bill represents a major step forward in modernizing the United States’ employment-based immigration system, says Brandon Meyer of Lewis Brisbois Bisgaard & Smith LLP.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Employer Guidance As Courts Consider Trump's Travel Ban

    Elizabeth Espín Stern

    Since Jan. 27, many of the initial questions posed by President Donald Trump's recent executive order banning travel to the United States by foreign nationals from seven countries have been answered by administration representatives, but the controversy about the legality of the order continues and is the subject of multiple court actions, say attorneys at Mayer Brown LLP.

  • In Congress: Cabinet Approvals, Disapproval Resolutions

    Richard Hertling

    Congress this week will continue to move forward on approving President Trump’s cabinet nominees and disapproving federal regulations issued in the final months of the Obama administration, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • The Privacy Implications Of Trump’s Immigration Order

    Heather Sussman

    President Donald Trump's recent executive order expanding enforcement of U.S. immigration laws is a departure from how the federal government previously has treated personally identifiable information of those who are not U.S. citizens or lawful permanent residents, in many contexts, including the processing of visas and immigration records, say attorneys with Ropes & Gray LLP.

  • Can Federal Agencies Reverse Course Under Trump?

    Steven D. Gordon

    The next four years will see litigation that explores the extent to which the Trump administration can alter or reverse the regulatory policies of the Obama administration without having to enact new legislation. The U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Why Trump Should Keep Legal Immigrants Legal

    Jacob T. Muklewicz

    Both the Trump administration and Congress would be wise to leave in place U.S. Citizenship and Immigration Services’ new rule aimed at offering job flexibility for high-skilled foreign workers, which was not only enacted in accordance with the Administrative Procedures Act, but also allows skilled foreign workers to maintain their legal status, says Jacob Muklewicz of Kirton McConkie PC.