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Immigration
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December 20, 2023
Texas, Mo. Say Feds Overstate Footnote In Border Wall Case
Texas and Missouri have told a Texas federal judge that the Biden administration's claim that a recent Supreme Court decision bars their ability to challenge its plans to spend border wall funding on things other than new barrier construction hinges on the flawed interpretation of a single footnote in the ruling.
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December 20, 2023
Board Orders Judge To Reopen Case Closed By Missing File
A man in "legal limbo" after his immigration file was lost may return to the immigration courts, after the Board of Immigration Appeals concluded that a judge closed his removal case without considering that it was his only avenue to fight for permanent residency.
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December 20, 2023
Domestic H-1B Visa Renewal Pilot Program Resumes Jan. 29
Qualified H-1B specialty occupation visa holders will be able to renew their status without leaving the U.S. between Jan. 29 and April 1, according to a notice of the pilot program's reinstatement released Wednesday.
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December 20, 2023
DOJ, CFPB Hit Texas Lender With 1st Predatory Lending Suit
The U.S. Department of Justice and the Consumer Financial Protection Bureau have brought a precedent-setting predatory lending suit against a Texas real estate developer and lender, alleging that it participated in a "bait and switch land sale scheme" that targeted Spanish-speaking borrowers.
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December 20, 2023
ICE Must Review Alleged Body Armor Deal Conflict Of Interest
A Court of Federal Claims judge has sent a dispute over a $14.5 million body armor contract back to U.S. Immigration and Customs Enforcement, saying the agency needs to investigate and address conflict of interest allegations.
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December 20, 2023
'Accelerating' Immigration Case Backlog Surpasses 3 Million
Syracuse University researchers sounded the alarm about the "accelerating" case backlog in the immigration courts, reporting that the backlog surpassed 3 million open cases in November, growing by roughly 1 million cases over the past year.
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December 19, 2023
5th Circ. Says Feds Can't Cut Border Wire While Texas Appeals
The Fifth Circuit on Tuesday barred the Biden administration from removing wire fences Texas installed along the U.S.-Mexico border pending the state's appeal of a district judge's ruling siding with the government in the border dispute.
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December 19, 2023
The Top 4 Immigration Rulings Of 2023: Year In Review
This year saw political tensions intensifying over the management of migrants crossing the southern border. The Biden administration scored a significant victory with the U.S. Supreme Court reviving its enforcement priorities, but suffered a setback to its overall border management strategy when a district court struck down asylum limits. Here, Law360 looks back at four of the most significant immigration rulings of 2023.
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December 19, 2023
Immigrant Rights Groups Sue To Block Texas 'Papers' Law
Immigrant rights groups and El Paso County filed suit in Texas federal court Tuesday challenging the state law enacted a day earlier that gives state law enforcement the power to arrest, detain and deport migrants, calling the measure unconstitutional.
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December 19, 2023
Senate Probe Finds Airport Screening Ensnares Too Many
The Senate Homeland Security Committee chairman called for corrections to airport screening procedures on Tuesday, after an investigation found current measures to be convoluted and overbroad, often ensnaring travelers who pose no national security risks.
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December 19, 2023
Holland & Hart Immigration Head Jumps To Faegre Drinker
The former head of Holland & Hart LLP's immigration practice is jumping to Faegre Drinker Biddle & Reath LLP's Denver office, the firm announced Tuesday.
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December 19, 2023
Atty Tells Justices Border Searches Were Frequent, Harmful
An immigration attorney pressed the U.S. Supreme Court to revive his challenge to the warrantless phone searches he experienced at the border, arguing the Fifth Circuit unjustifiably found the searches harmless, even though he was subjected to them five times.
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December 18, 2023
Texas Gov. Allows Migrant Arrests As Critics Seek DOJ Help
Texas Gov. Greg Abbott on Monday signed into law three immigration-related bills, including a measure authorizing state law enforcement to arrest migrants suspected of crossing the southern border illegally, setting up a legal clash with the federal government as critics denounced the legislation as unconstitutional.
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December 18, 2023
Feds Mull Updating 'Schedule A' List To Ease STEM Shortages
The U.S. Department of Labor is considering revamping an employment certification process to make it easier for domestic companies to hire foreign workers in science, technology, engineering and mathematics fields.
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December 18, 2023
Workers Allege Marriott Uses Visa To Get Cheap Labor
A Mexican citizen filed a proposed class action alleging Marriott International Inc. exploited the J-1 visa program to inject cheap labor into a hotel the company runs in Aspen, Colorado.
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December 18, 2023
DOJ Resists Calls For Full 5th Circ. To Hear Texas Barrier Row
The federal government on Friday opposed Texas' bid for en banc rehearing after a split 5th Circuit panel ruled that the state must move the floating barrier it built in the Rio Grande to deter migrants, arguing Texas failed to show the preliminary injunction would cause any irreparable harm.
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December 18, 2023
Feds Defend Chevron Deference In Second High Court Case
The federal government on Friday reiterated its plea to the U.S. Supreme Court to preserve a long-standing legal doctrine that allows judges to defer to executive branch agency legal interpretations in some rulemaking processes.
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December 18, 2023
Feds Lean On High Court Immigration Win In Border Wall Row
The Biden administration rebuked red states' efforts to block plans to spend border wall funding on remediation projects instead of new construction, telling the Texas federal court that a recent high court victory doomed claims that the plan was harmful.
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December 15, 2023
Calif. City Official Exploited Immigrant Workers, DOJ Says
A federal grand jury has charged a Sacramento City Council member with staffing his grocery stores with dozens of unauthorized immigrants whose precarious immigration status was exploited to ensure that they accepted subpar wages and hid from U.S. Department of Labor investigators.
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December 15, 2023
Top 5 Immigration Policy Developments Of 2023
This year, the Biden administration proposed significant changes to temporary labor programs, and crystallized its border management approach. Here, Law360 looks back on five of the administration’s most significant immigration policies and proposals from 2023.
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December 15, 2023
Durbin Seeks CBP Records Over Poor Migrant Medical Care
Sen. Dick Durbin, D-Ill., has requested information from U.S. Customs and Border Protection and a private medical services firm about reported failures to provide adequate care at immigration detention facilities, continuing an investigation spurred by the death of a child in custody.
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December 15, 2023
Porter Wright Adds Ex-ICE Deputy Chief Of Staff In DC
Porter Wright Morris & Arthur LLP has hired a government and regulatory affairs attorney who focuses on immigration matters, white collar defense issues and other related work, the firm announced Thursday.
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December 15, 2023
Illinois Atty Sues US Over Denied Return To Immigration Court
An Illinois attorney sued the U.S. government for refusing to reinstate her to practice before federal immigration courts, saying the decision was unlawful because she met the needed requirement of being a member in good standing of the bar of Illinois' highest court.
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December 15, 2023
Fox Rothschild Grows Philly Sports And Entertainment Group
Fox Rothschild LLP has hired the chairman of Archer & Greiner PC's global mobility and sports and entertainment practice groups as a partner in Philadelphia, the firm has announced.
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December 14, 2023
Audubon Workers Say Immigration Atty Lied About Casework
Audubon Engineering Operations LLC and five of its employees have filed suit in Texas state court against a Houston immigration attorney, accusing her of providing the company with false and misleading information about the work she did on their cases.
Expert Analysis
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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.
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AML Regulation Of Lawyers Is Imminent And Controversial
The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.
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Key Adaptations For Law Firms Amid Quiet Quitting Movement
While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.
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Creating A Hybrid Work Policy? Be Intentional And Inclusive
The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.
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Perspectives
2 Legislative Reforms Would Address Many Immigration Woes
Congress should pass currently pending legislation to create an Article I immigration court and update the registry process — reforms that would shield immigration courts from political pressure, enable many longtime residents to cure their immigration status, and alleviate case backlogs, says retired immigration judge Dana Leigh Marks.
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A Law Firm's Guide To Humane Layoffs As Recession Looms
Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.
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Learning From Trump And Bannon Discovery Strategies
Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.
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The Risks In Lateral Hiring, And How To Avoid Them
As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.
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Judges Who Use Social Media Must Know Their Ethical Limits
While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.