Immigration

  • May 14, 2018

    New Bill Would Make Border Patrol Collect Data On Searches

    New legislation recently introduced by Sen. Kirsten Gillibrand, D-N.Y., would require border patrol agents to keep records of their border security stops and searches in an effort to increase oversight of the government agencies enforcing the nation’s immigration laws.

  • May 14, 2018

    Justices Remand 16 Cases After 'Crime Of Violence' Ruling

    The U.S. Supreme Court on Monday sent back to the lower courts 16 separate cases impacted by its April ruling in Dimaya v. Sessions, which found that part of how a “crime of violence” is defined in immigration law for purposes of deporting individuals is unconstitutionally vague.

  • May 11, 2018

    What You Need To Know As 9th Circ. Hears DACA Challenge

    The Ninth Circuit will hear oral arguments Tuesday in a challenge to the Trump administration's attempted rescission of the Deferred Action for Childhood Arrivals program while members of Congress push to bring legislative replacements for the program to the floor for a vote. Here is what you need to know.

  • May 11, 2018

    DOJ, USCIS Team Up In Foreign Worker Visa Crackdown

    The Department of Justice and U.S. Citizenship and Immigration Services will team up to investigate fraud and abuse by employers who hire immigrants on foreign worker visas, according to a joint agreement between the agencies that went into effect Friday.

  • May 11, 2018

    Calif. Moves To Bar Court Disclosure Of Immigration Status

    The California State Legislature passed a measure Thursday to protect individuals testifying in court from having to unnecessarily disclose their immigration status, in an effort to encourage undocumented immigrants who are witnesses to or victims of crimes to come forward without fear of arrest or deportation.

  • May 11, 2018

    Suspected Human Smuggler Seeks Redo In DACA Status Suit

    A suspected human smuggler asked a California federal judge to reconsider a decision tossing his participation in the Deferred Action for Childhood Arrivals program, saying the court had misconstrued his argument that the federal government did not comply with binding U.S. Department of Homeland Security policies when it terminated his status.

  • May 11, 2018

    UC San Diego Settles DOJ Immigrant Discrimination Case

    The University of California, San Diego will pay a penalty for discriminating against work-authorized immigrant employees as part of a settlement signed Thursday with the U.S. Department of Justice.

  • May 11, 2018

    BIA Erred In Issuing Deportation Order, 9th Circ. Says

    The Ninth Circuit on Thursday held that an immigration judge and the Board of Immigration Appeals abused their discretion in signing off on a removal order in absentia for a native of the Philippines who missed a hearing, after the man contended that he never received a notice.

  • May 11, 2018

    Enviros Push To Kill Waiver For New Mexico Border Wall

    Environmental groups asked a D.C. district judge on Thursday to kill the waiver for environmental and other oversight laws granted by the U.S. Department of Homeland Security for the quick construction of an approximately 20-mile stretch of border wall, alleging Congress never gave it such wide power.

  • May 10, 2018

    SEC Says Calif. Atty Was Unregistered In EB-5 Dealings

    The U.S. Securities and Exchange Commission said Thursday that a California attorney specializing in immigration facilitated investments in the EB-5 program for foreigners seeking U.S. visas without registering as a broker, ordering him to pay back the unlawful commissions he received.

  • May 10, 2018

    Gov't Can't Toss Suit Over Phone Searches At Border

    The government can't shake a suit over U.S. border patrol agents searching travelers' electronic devices without a warrant after a Massachusetts federal court ruled the travelers challenging the policy have plausible claims that their rights to privacy and free speech were curtailed.

  • May 10, 2018

    3 Immigration Rules To Watch In Trump's Spring Agenda

    The Trump administration published its spring regulatory agenda on Wednesday, highlighting proposed policies that would implement key structural changes at the office that oversees immigration courts, increase investment requirements for EB-5 visas and revoke a visa program for entrepreneurs. Here, immigration attorneys examine the key provisions to watch in the coming months.

  • May 10, 2018

    BALCA Affirms Labor Cert. Denial For Construction Co.

    The Board of Alien Labor Certification Appeals on Wednesday denied I Con Construction Inc.'s appeal of the U.S. Department of Labor's denial of an application for temporary alien labor certification for 30 workers, finding that the company did not show the workers would be supplementing its permanent staff for a temporary or seasonal basis.

  • May 10, 2018

    Immigration Group Sues 2nd Ind. City Over Welcoming Policy

    The legal arm of an organization that calls for lower immigration levels on Wednesday filed its second lawsuit challenging the legality of ordinances in Indiana communities that call for the towns to be welcoming to immigrants and for authorities to not cooperate with federal immigration-related requests unaccompanied by court orders.

  • May 10, 2018

    Au Pair Cos. Want FLSA Collective Action Decertified

    Au pair sponsoring agencies urged a Colorado federal judge to decertify the litigation accusing them of colluding to set low pay rates as a Fair Labor Standards Act collective action, arguing that the au pair program is not a typical employment situation.

  • May 10, 2018

    Open Immigration Cases Increase, DOJ Unit's Report Says

    The number of pending immigration cases increased by 7 percent during the first six months of the current fiscal year, while the median completion time for cases involving detainees continued to tick down, according to new statistics from the federal Executive Office for Immigration Review.

  • May 10, 2018

    EXCLUSIVE: Immigration Court Overhaul Outlined In Draft Bill

    Sen. Kirsten Gillibrand, D-N.Y., is considering introducing sweeping legislation to overhaul the nation's immigration court system by establishing independent tribunals with trial and appellate divisions, according to a draft of the bill obtained exclusively by Law360 on Thursday.

  • May 9, 2018

    Sens. Question End Of Haitian Deportation Protections

    A dozen Democratic lawmakers have called on the heads of the Department of Homeland Security and U.S. Citizenship and Immigration Services to provide details behind the reason to terminate a deportation protection program for Haitian immigrants, citing a report they say shows political bias may have been a factor.

  • May 9, 2018

    ICE Urges Toss Of Suit Over Immigrant Teens' Detention

    U.S. Immigration and Customs Enforcement asked a D.C. federal court on Monday to scrap a proposed class action by three teenagers who immigrated to the U.S. illegally as unaccompanied minors, arguing it had discretionary power to transfer them to adult detention centers once they turned 18.

  • May 9, 2018

    Dems Urge Probe Of DOJ's Immigration Judge Hiring

    Eight congressional Democrats penned a letter to U.S. Department of Justice Inspector General Michael Horowitz on Tuesday asking him to undertake an investigation into allegations the agency engaged in politicized hiring practices for immigration judges.

Expert Analysis

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Student Visa Holders Marrying US Citizens Face New Issues

    Elizabeth Clapp

    Recent changes in U.S. immigration policies and interpretations by the current administration pose heightened risks for students who plan to marry U.S. citizens and permanent residents. The current climate is such that anyone filing a case should consider the changed dynamics, and perhaps others to come, say Elizabeth Clapp and Douglas Halpert of Hammond Law Group LLC.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Case Against Calif. Sanctuary City Laws Faces Tough Fight

    Matthew Kolodziej.png

    The Trump administration recently filed suit against California to overturn its so-called sanctuary city laws, alleging they interfere with and are preempted by federal immigration law. However, the case may face an uphill battle in the short term in the liberal Ninth Circuit, even with support from certain localities, says Matthew Kolodziej of Jia Law Group.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Congressional Forecast: April

    Layth Elhassani

    As Congress returns to Washington for a three-week work period, President Donald Trump continues announcing new policy and personnel decisions. But with midterms looming, Congress is unlikely to make progress on legislation requiring compromise and bipartisanship, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.