Immigration

  • April 10, 2018

    Muslim Advocates Sue To Quash Trump's Terrorism Report

    A California federal court should order that the Trump administration stop distributing an inflammatory and misleading report that overstates the connections between terrorism and practitioners of Islam, according to a complaint filed Tuesday by a Muslim advocacy group.

  • April 10, 2018

    Travel Ban 3.0 Lifted For Chad, Remains For 6 Other Nations

    President Donald Trump on Tuesday night lifted restrictions on travel for citizens of Chad, modifying an earlier executive order implementing the third version of his travel ban on nationals from seven nations.

  • April 10, 2018

    EPIC Sues To Force ICE To Release Mobile Hacking Tech Info

    The Electronic Privacy Information Center sued U.S. Immigration and Customs Enforcement in D.C. federal court Monday, seeking the release of records on the agency’s purchase and use of mobile surveillance technology that can scrape encrypted data from smartphones.

  • April 10, 2018

    Legal Aid Society Attorneys Protest ICE In NYC Courthouses

    Legal Aid Society attorneys walked out of Queens Criminal Court in New York City on Tuesday to protest what they say is the continued presence of federal immigration officers in the city’s courthouses, an action that followed the recent detentions of two foreign defendants by immigration agents in the halls of justice.

  • April 10, 2018

    DACA Recipient Sues Gov't Over Denial Of Spousal Visa

    A Mexican immigrant protected under the Deferred Action for Childhood Arrivals program on Tuesday in California federal court accused the government of unlawfully denying his application for a spousal visa and banning him from the U.S., after he went to Mexico with his U.S. citizen husband for a visa interview.

  • April 10, 2018

    Ariz. High Court Bars Lower College Rates For DACA Holders

    Arizona’s highest court on Monday unanimously ruled that Deferred Action for Childhood Arrivals program recipients are not eligible for lower-priced, in-state tuition rates at the state’s public colleges and universities.

  • April 9, 2018

    Possession Of Child Porn Deportable Offense, 3rd Circ. Says

    The Third Circuit refused Monday to hear arguments by an Argentine fighting deportation after he pled guilty to possessing child pornography, finding that his conviction made him removable under a federal statute.

  • April 9, 2018

    DOJ Asks Court To Rethink Releasing Immigration Docs

    The U.S. Department of Justice on Friday urged an Illinois federal court to reconsider its holding last month saying that the department may have erred in withholding documents related to decisions by previous attorneys general after an immigrants advocacy group sought copies of them, asserting that the judge misquoted a U.S. Supreme Court case.

  • April 9, 2018

    Board Affirms Nix Of Certification For Relative Of Co. Prez

    The Board of Alien Labor Certification Appeals on Friday affirmed the revocation of a foreign worker’s labor certification over his employer’s failure to disclose that the worker was related to the president of the company, finding that the concealment influenced the certifying officer’s decision to grant the certification.

  • April 9, 2018

    ICE Arrests Dozens As Feds Probe $2.5M Tax Evasion Scheme

    Federal immigration agents have carried out what immigration advocates are calling the largest operation targeting unauthorized immigrants in years, arresting 97 individuals as part of a tax evasion probe that contends a Tennessee meat processing plant underpaid the government approximately $2.5 million in payroll taxes over a three-year period.

  • April 9, 2018

    BIA Expands Decision On Vacated Convictions To 5th Circ.

    Vacated criminal convictions based on errors or other substantive defects may not count against immigrants' eligibility for deportation relief anywhere in the U.S., the Board of Immigration Appeals held Friday, as it extended the legal interpretation it had been applying in every other circuit into the Fifth Circuit as well.

  • April 6, 2018

    Trump Signs Memorandum To End 'Catch And Release' Policy

    U.S. President Donald Trump signed a memorandum Friday announcing an intent to end the so-called “catch and release” policy that allows immigrants detained at the border for not having proper credentials to go free while awaiting their status hearings.

  • April 6, 2018

    Sessions Orders US Attorneys To Prosecute Border Crossers

    U.S. Attorney General Jeff Sessions announced on Friday that he had notified all U.S. attorney’s offices in border states of a new zero-tolerance policy for noncitizens who enter the U.S. without authorization.

  • April 6, 2018

    H-1B Skilled Worker Visa Cap Reached In 5 Days

    U.S. Citizenship and Immigration Services on Friday announced that the congressionally mandated cap on the number of H-1B skilled worker visas had been reached for the next fiscal year, within five days after the agency began accepting applications.

  • April 6, 2018

    2nd Circ. Trims $1M Award To Bangladeshi Diplomat’s ‘Slave’

    The Second Circuit on Friday trimmed some damages from nearly $1 million awarded to the former domestic servant of a Bangladeshi diplomat accused of keeping the man in “a state of slavery,” saying a Manhattan federal judge erred in awarding cumulative damages under both state and federal law for the same activity.

  • April 6, 2018

    ICE, DHS Must Fix Immigrant Detention System, Groups Warn

    Several advocacy groups joined together in a letter Thursday to the U.S. Department of Homeland Security, requesting that it take responsibility for U.S. Immigration and Customs Enforcement’s alleged ongoing mismanagement of the immigrant detention system and comply with new limitations on agency spending.

  • April 6, 2018

    Immigration Scholars Fear Sessions Interference With BIA

    U.S. Attorney General Jeff Sessions has interjected himself into several Board of Immigration Appeals cases recently, a move some immigration experts fear could hamper the independence of the immigration court system.

  • April 5, 2018

    Groups Sue Over Trump Action On Immigrant Bond Hearings

    The New York Civil Liberties Union and other organizations filed a class action in New York federal court Wednesday challenging the Trump administration’s decision to stop providing bond hearings to certain immigrants held in mandatory detention for six months.

  • April 5, 2018

    Au Pairs Shirking Questions In Wage Suit, Agency Says

    Nearly half of 22 au pairs inadequately replied to discovery requests they were given after joining a class action accusing visa sponsoring agencies of conspiring to set low pay rates, while the other half failed to respond at all, one of the sponsoring agencies alleged in Colorado federal court Wednesday.

  • April 5, 2018

    California Is Missing Piece In Trump's National Guard Plan

    President Donald Trump needs the support of border governors to deploy the National Guard in combating unauthorized immigration, but California has yet to fall in with the other states, which have embraced the plan.

Expert Analysis

  • EB-1A: The Holy Grail Of Immigration Categories

    Matthew Kolodziej

    As it becomes harder to obtain other common visas, the EB-1A extraordinary ability immigrant category has become more and more attractive. However, it is also one of the most difficult to obtain, and may become even more so after implementation of “extreme vetting” policies by the Trump administration designed to tighten immigration requirements, says Matthew Kolodziej of Jia Law Group.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • How The E-2 Visa Aligns With Trump's Immigration Goals

    Matthew Minor

    Because several aspects of the E-2, or treaty investor, visa fit neatly with President Donald Trump's “Buy American, Hire American” policy, it is an excellent time for foreign nationals who may meet certain eligibility requirements to consider advancing a case in this visa category, says Matthew Minor of Hammond Law Group LLC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Insights On Immigration Reform From The McCain-Coons Bill

    Yova Borovska​​​​​​​

    Even though the immigration bill recently introduced by Sens. John McCain, R-Ariz., and Chris Coons, D-Del. — as well as other similar proposed measures — was struck down by the Senate, it is helpful to look at its contents in order to better understand the provisions that were created through a bipartisan effort and may have been favorably viewed by representatives from both parties, says Yova Borovska​​​​​​​ of Buchanan Ingersoll & Rooney.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.