Immigration

  • May 23, 2017

    Texas County Sues State Over Sanctuary Cities Ban

    El Paso County urged a Texas federal court in a lawsuit filed Monday to block a new law passed by the Lone Star State banning so-called sanctuary cities, saying the law is “unprecedented, cruel and vague” and violates the U.S. Constitution.

  • May 23, 2017

    House Dems Blast Bill Criminalizing Unauthorized Immigrants

    On the second day of House Judiciary Committee markups of a bill that would criminalize undocumented immigrants' presence in the U.S. and penalize so-called sanctuary cities, Democratic lawmakers pushed back Tuesday, with one offering an amendment to rename the measure "Trump’s Mass Deportation Act."

  • May 23, 2017

    Guatemalan Failed To Prove Hardship To Daughter: 2nd Circ.

    The Second Circuit on Monday dismissed a petition to review a Board of Immigration Appeals decision to deport a Guatemalan man who argued that he needed to remain in the country to take care of his 3-year-old daughter, whose mother is ill, saying his arguments failed to raise questions of law.

  • May 23, 2017

    EB-5 Investors Defend Hospital Investment, Win Visas

    Six Chinese investors have won visa approval through the EB-5 program, ending litigation in which they said the Department of Homeland Security failed to acknowledge that their investments in a hospital helped a troubled business.

  • May 22, 2017

    DOJ Defends Sanctuary Cities Order With New Interpretation

    The Trump administration asked a California federal judge Monday to reconsider a decision blocking its executive order over withholding funding from so-called sanctuary cities in the wake of a new interpretation that narrows any affected grants to those from the Departments of Justice and Homeland Security, saying the new guidance erases constitutional concerns.

  • May 22, 2017

    Over 700K Foreign Visitors Overstayed Visas, DHS Finds

    Over 700,000 foreign visitors and workers overstayed the length of their authorized periods in the last fiscal year, according to a report issued Monday by the U.S. Department of Homeland Security, which found an overstay rate of nearly 1.5 percent.

  • May 22, 2017

    Haiti Gets 6-Month Extension On Temporary Protected Status

    The U.S. Department of Homeland Security on Monday said that it is extending the temporary protected status designation of Haiti by six months, saying that the extension should give Haitian TPS recipients in the U.S. enough time to arrange their departure from the country and help the Haitian government prepare to repatriate them. 

  • May 22, 2017

    Trump's $4T Budget Pays For Defense With Domestic Cuts

    President Donald Trump’s first full budget plan doubles down on promised increases in defense and border security spending, paid for by billions of dollars in cuts to Medicaid, federal retiree benefits, the U.S. Environmental Protection Agency and the Department of Energy, among other programs and agencies.

  • May 22, 2017

    Calif. Atty And Her Father Hit With Suit From EB-5 Investors

    A group of Chinese nationals has filed suit in California state court against an attorney and her father, saying they were “innocent victims of the fraudulent scheme” of the pair, who have been accused by the FBI of exploiting the EB-5 immigrant investor program.

  • May 22, 2017

    Doc Giving Citizenship Test Waiver Gets Probation, $100K Fine

    A Chicago psychiatrist was sentenced to three years probation and a $100,000 fine Monday by a judge who questioned why it took the federal government so long to indict him for trying to procure a U.S. citizenship test waiver for at least one immigrant patient.

  • May 22, 2017

    Judge Rips Counsel Switch In Diplomat's Forced Labor Case

    A New York federal judge was critical Monday of a former Chinese diplomat’s choice to drop Dorsey & Whitney LLP in favor of Proskauer Rose LLP as counsel to defend against charges of using construction workers as forced labor, and said she wants to hear no complaints about any delays.

  • May 22, 2017

    Calif. Work Release Counts Toward Time Served: 5th Circ.

    The Fifth Circuit on Friday affirmed a lower court’s upholding of an enhancement to the prison sentence a man faced for illegally re-entering the U.S., determining that the time he spent in a California work release program counted toward what he served for a previous drug conviction.

  • May 22, 2017

    Trump Refused To Turn Over Travel Ban Memo, ACLU Says

    The American Civil Liberties Union railed against the White House on Saturday for allegedly neglecting to surrender a memo drafted by former New York Mayor Rudy Giuliani outlining President Donald Trump's controversial travel ban accused of targeting Muslim-majority countries, demanding that a Michigan federal court once again compel the administration to do so.

  • May 19, 2017

    State Dept.'s Queries For Visa Applicants Draw Criticism

    A proposal from the U.S. Department of State to ask certain visa applicants for expanded information, like their social media handles, has sparked a backlash from privacy and immigration groups, who said Thursday it could have a chilling effect on speech.

  • May 19, 2017

    6th Circ. Denies Albanian Duo's Bid For BIA Ruling Review

    The Sixth Circuit on Thursday denied an Albanian couple’s bid to reverse a Board of Immigration Appeals support of an order for their removal and denial of their permanent resident status application, rejecting arguments they weren’t out of ‘lawful status” over the country’s 180-day grace period.

  • May 19, 2017

    Immigration Officials Pushed To Detail Cellphone Tracking

    The American Civil Liberties Union pressed federal immigration authorities Friday for more information about how they're using cellphone tracking technology known as Stingrays to locate targets of deportation actions, following the revelation that officials had used this tactic to find a man facing immigration and fraud charges in Michigan.

  • May 19, 2017

    Rights Group Awaits US Answer In Border Death Probe

    The Inter-American Commission on Human Rights has opened an investigation into the beating, alleged torture and killing of an unauthorized Mexican immigrant by U.S. officials after he tried to re-enter California in 2010, the first case by the commission ever to accuse American law enforcement of an extrajudicial slaying.

  • May 19, 2017

    Ga. City's Utility Cutoffs Hit Blacks, Latinos Hardest, Suit Says

    The NAACP's Georgia chapter filed a federal discrimination suit Thursday against the city of LaGrange, Georgia, for allegedly cutting off access to vital utilities like power and water through a pair of unlawful policies that disproportionately injure African-American and Latino residents.

  • May 19, 2017

    Atty Calls Out SEC Over Lack Of Specifics In EB-5 Fraud Suit

    Newport Beach, California, lawyer Emilio Francisco continued to fight off allegations from the U.S. Securities and Exchange Commission that he defrauded at least 135 EB-5 immigrant investors out of $9.5 million, telling a California federal court on Thursday the agency fails to spell out details of purported misrepresentations.

  • May 19, 2017

    US Worker Wrongfully Denied Job Interview, BALCA Holds

    The Board of Alien Labor Certification Appeals has affirmed the denial of a certification for a general manager position at a California golf club, finding a U.S.-based applicant was wrongly denied the opportunity to interview.

Expert Analysis

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • Opinion

    Stop Bashing EB-5

    Stephen Ledoux

    What detractors of the EB-5 program seem to miss is that visas for EB-5 entrants are a tiny fraction of our immigration system. I firmly believe in the Statue of Liberty’s call to “Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door.” But I also firmly support a 1 percent set-aside for well-to-do immigrants who desire to come to our shores and grow our economy, says Steve Ledoux of Davis Wright Tremaine LLP.

  • Bail Reform Will Imperil California's Justice System

    Quentin Kopp

    Each year more than 300,000 defendants are released on bail in California. But new legislation seeks to take this constitutional right away from defendants and replace it with an expensive and onerous pretrial release system. Shifting from privately funded bail to taxpayer-funded pretrial release programs will undoubtedly strain California’s already underfunded court system, says retired San Mateo Superior Court Judge Quentin Kopp.

  • H-1B Cap Completed: A Look At Employer Alternatives

    Elizabeth Espín Stern

    As expected, last week U.S. Citizenship and Immigration Services announced that data entry for the fiscal year 2018 H-1B cap had been completed, which means many employers are left wondering, what now? Attorneys with Mayer Brown LLP outline the primary options and discuss potential H-1B reforms on the horizon.

  • Making H-1B Administrative Changes: Easier Said Than Done

    Leon Fresco

    Language in the recent "Buy American, Hire American" executive order suggests that an expansion of visas is not the administration’s preference for H-1B reform. Instead it prefers addressing visa shortages by changing how they are allocated. Therefore, the natural question any lawyer would ask is whether the goal of allocating visas based on wage or skill level can be accomplished administratively, says Leon Fresco of Holland & Knight LLP.

  • Immigration Door For Int'l Athletes Remains Open (For Now)

    Jordan Butler

    While international athletes in the P-1 and O-1 visa categories have not been directly targeted by President Donald Trump’s immigration policies at this juncture, they potentially stand to be affected in a detrimental manner, says Jordan Butler of Wolf Rifkin Shapiro Schulman & Rabkin LLP.

  • How The Trump Administration Lost Its Sanctuary City Case

    Jeffrey Gorsky

    When a federal court recently blocked President Donald Trump's executive order that would deny federal funds to so-called “sanctuary cities,” the White House responded with an angry statement and Attorney General Jeff Sessions said the government would continue to litigate the case “to vindicate the rule of law.” But for all its bluster, the administration lost the case when it filed its brief, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.