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Immigration

  • May 18, 2015

    Golf Resort Says H-2B Workers' Class Cert. Bid Falls Short

    A proposed class of seasonal immigrant workers who accuse a golf resort operator of underpaying them should not be certified because the entire case should be dismissed, the employer told a South Carolina federal court Friday.

  • May 18, 2015

    War Contractor Ordered To Pay $64K Over INA Violations

    An administrative law judge has ruled that a stitching services company must pay a nearly $64,000 penalty for various I-9 form violations in conjunction with war-related government contracts, but lowered the fine from the amount originally sought by U.S. Immigration and Customs Enforcement in light of several mitigating factors.

  • May 18, 2015

    USCIS Chief Takes Responsibility For Injunction Violation

    The director of U.S. Citizenship and Immigration Services said on Friday that he accepted responsibility for about 2,000 expanded work permits going out in violation of a court injunction on two of the president's executive action policies, telling a Texas federal court that the agency's injunction compliance could have used more oversight.

  • May 18, 2015

    Q&A With Mayer Brown's Elizabeth Stern

    The political debate in the U.S. over immigration still seems to view imports of talent as a displacement, as if innovation and jobs were a zero-sum game. That artificiality is sharpened by the reality that companies have more dynamic mobility programs for top talent than ever, says Elizabeth Stern of Mayer Brown LLP.

  • May 18, 2015

    Construction Co. Hit With Nat'l Origin, OT Wage Class Action

    A putative class action against Richard & Rice Construction Co. Inc. alleging the company failed to pay lead plaintiff overtime wages and discriminated against him because of his Cuban origin and inability to speak English was removed to Florida federal court Friday.

  • May 18, 2015

    Q&A With Hogan Lovells' Juan Francisco Torres Landa

    We should be giving immigrants from Central America temporary visas as transitory visitors. Many on the U.S. side of the border won’t like the idea, but the reality is that, regardless of what America does, the flow of immigration doesn’t change, says Juan Francisco Torres Landa of Hogan Lovells LLP.

  • May 15, 2015

    ICE Seeks Toss Of ACLU's Suit Over Immigration Docs

    U.S. Immigration and Customs Enforcement on Friday asked a Massachusetts federal court to dismiss a lawsuit brought by the American Civil Liberties Union alleging ICE violated the Freedom of Information Act by not handing over immigration-related documents, saying it never received the ACLU's request.

  • May 15, 2015

    A Trade Debate 13 Years In The Making: What To Watch For

    With a dramatic procedural skirmish in the rearview mirror, the U.S. Senate is ready to begin debating a bill to renew the White House's Trade Promotion Authority for the first time since 2002, which figures to bring a slew of policy concerns — from currency manipulation to human trafficking — to the fore. Here, observers tell Law360 what they will be tracking as the debate kicks off.

  • May 15, 2015

    Arrested Immigrants Can't Sue Border Agents, 5th Circ. Says

    The Fifth Circuit on Thursday ruled that two people who entered the U.S. illegally cannot bring claims for damages in federal court for constitutional rights violations against individual border patrol agents who stopped and arrested them because those claims can otherwise be addressed in immigration removal proceedings.

  • May 15, 2015

    LGBT Immigrants See High Detainment Rates, Report Finds

    U.S. Immigration and Customs Enforcement officers detained gay and transgender immigrants nearly 70 percent of the time when the agency’s internal assessment tool allowed for their release, according to an analysis published Thursday by the Center for American Progress.

  • May 15, 2015

    Credit Card Info Counts As Consumer Report, DC Circ. Says

    The D.C. Circuit on Friday upheld in large part the dismissal of a Jordanian national’s suit against the U.S. Department of Homeland Security but restored his Fair Credit Reporting Act claims that the department improperly collected his credit card information.

  • May 15, 2015

    No Written Signature Means No Work Cert. For NYC Teachers

    The failure by a top New York City Department of Education official to grab a pen and physically sign a form cost three special education teachers the right to receive permanent employment certification, a federal immigration appeals board ruled Thursday.

  • May 15, 2015

    Bishops Say Baker Supports Puerto Rico's Gay Marriage Ban

    The Conference of Catholic Bishops of Puerto Rico entered the First Circuit battle over the commonwealth’s same-sex marriage ban Thursday, saying the lower court was right to toss the suit challenging the ban because the couples suing lack standing to bring a constitutional claim.

  • May 15, 2015

    EOIR Denies 'Shenanigans' In Immigration Judge Doc Fight

    The Executive Office for Immigration Review shot back Thursday in D.C. federal court at the American Immigration Lawyers Association's claim that the office is improperly withholding material in a Freedom of Information Act suit over complaints against immigration judges, saying that it hasn’t engaged in any “shenanigans.”

  • May 15, 2015

    Tech Workers Push For Block On New H-4 Visa Work Rule

    Technology industry workers suing the U.S. Department of Homeland Security over a new rule allowing certain spouses on H-4 visas to work urged a Washington, D.C., federal court on Friday to grant an injunction, tearing into the DHS' arguments against the block and claiming the rule's harm is so pervasive that almost all U.S. workers have standing to fight it.

  • May 15, 2015

    Arpaio Attys Can Be Deposed In Stops Case, Judge Says

    An Arizona federal judge on Thursday ruled that plaintiffs suing Sheriff Joe Arpaio over traffic stops used to verify drivers’ immigration status can depose defense attorneys whose legal advice the sheriff and other defendants claim to have used in regards to a preliminary injunction over the stops, saying attorney-client privilege was waived.

  • May 15, 2015

    Immigration Case Backlog Reaches Record High

    The backlog of immigration cases has hit an all-time high of 445,607, with California, Texas, New York, Florida and New Jersey being the top backlogged states, according to data obtained by Syracuse University research center Transactional Records Access Clearinghouse in a report released on Friday.

  • May 21, 2015

    Call For Participants: Law360's Immigration Editorial Board

    Immigration Law360 is looking for avid readers to serve as members on its 2015 Editorial Advisory Board.

  • May 15, 2015

    House Passes $612B National Defense Authorization Act

    The U.S. House of Representatives on Friday passed the nearly $612 billion National Defense Authorization Act for 2016, after several days of debate in which lawmakers considered more than 100 amendments, including environmental and immigration-related clauses.

  • May 15, 2015

    Q&A With Thompson & Knight's Marc Klein

    How the U.S. Department of Labor assigns prevailing wages is an important and overshadowed issue in immigration law that often causes confusion and consternation, says Marc Klein of Thompson & Knight LLP.