Immigration

  • February 14, 2017

    DREAMer Detained By ICE Files Constitutional Challenge

    Gibson Dunn, Public Counsel and civil rights attorneys are representing a 23-year-old “DREAMer” who was taken into custody by immigration officials on Friday, calling the detention unlawful and unconstitutional given the man’s legal status under the Deferred Action for Childhood Arrivals program.

  • February 14, 2017

    Agent, Trainer Seek Distance From Ballplayer Smugglers' Acts

    Attorneys for a baseball agent and an athletic trainer accused of helping Cuban ballplayers gain fraudulent entry into the United States attempted to distance their clients from the alleged illegal acts during trial proceedings Tuesday in Miami.

  • February 14, 2017

    Trump Immigration Ban Blocked In Virginia

    A Virginia federal judge on Monday blocked the government from enforcing the immigration ban on individuals from seven predominantly Muslim countries against people with ties to the Old Dominion, finding there is a likelihood that Virginia will win when it comes to its Establishment Clause claim.

  • February 14, 2017

    Syrian Refugee Sues Trump Over Asylum Suspension

    A Syrian man granted U.S. asylum after being tortured and targeted by radical fighters sued the federal government on Monday for halting, in response to President Donald Trump’s immigration ban, a derivative asylum petition that could help his wife and child similarly escape the violence.

  • February 14, 2017

    NJ Pushes Bill To Bar Port Authority From Aiding Travel Ban

    New Jersey state legislators moved ahead Monday with a bill that would bar the Port Authority of New York and New Jersey from using any of its resources to implement President Donald J. Trump's executive order that called for a travel ban from seven predominantly Muslim countries.

  • February 14, 2017

    Law Schools, Bar Group Denounce Trump Attacks On Judges

    The blowback from President Donald Trump’s criticisms of federal judges related to his executive order on immigration has not abated, with the International Bar Association and two law school deans recently excoriating the president's comments about judges and the judiciary.

  • February 13, 2017

    Wash. Judge Refuses To Delay Trump's Immigration Ban Suit

    U.S. District Judge James Robart on Monday reportedly declined President Donald Trump and his administration's request to delay proceedings in a suit in Washington federal court challenging the constitutionality of his executive order banning travel from several mostly Muslim countries.

  • February 13, 2017

    ICE Officers Arrested Over 680 People, DHS Chief Confirms

    Over 680 people were arrested by immigration officers across the country last week, the head of the U.S. Department of Homeland Security confirmed Monday in a statement that praised ICE officers’ “heroic efforts,” while immigration advocates argued the raids were separating and “terrorizing” families.

  • February 13, 2017

    Ballplayer Wooed From Cuba Paid Smugglers 40% Of Contract

    A former baseball player testified Monday at the federal trial of a sports agent and trainer accused of smuggling Cuban baseball players into the United States that he paid out roughly 40 percent of his first contract to them and various smugglers who facilitated his journey.

  • February 13, 2017

    Confusion No Excuse For Illegally Cast Ballot: 7th Circ.

    A Peruvian citizen who voted in a 2006 federal election will not have her deportation order reconsidered after the Seventh Circuit ruled Monday that an ambiguous statement given by an Illinois employee regarding voter registration was not an excuse for breaking the law.

  • February 13, 2017

    Trump's Next Immigration Moves May Rock Businesses

    President Donald Trump has already garnered plenty of attention with his immigration-related policies, but businesses may need to brace for even more changes if he moves forward with a recently leaked draft executive order that includes a call for revising H-1B and other work visas and legal immigration, experts said.

  • February 13, 2017

    Ivy Universities, Others Ask To Join Immigration Ban Suit

    A group of Ivy League universities and other schools have asked a New York federal judge for permission to weigh in on President Donald Trump’s immigration ban as the federal government contends it needn’t offer more information on people detained in connection with the executive order.

  • February 13, 2017

    DHS Seeks Quick Win In ACLU FOIA Suit Over Immigrant Kids

    The U.S. Department of Homeland Security asked an Arizona federal court Friday to end a suit brought by the ACLU Foundation of Arizona over a freedom of information request related to allegations of abuse of immigrant children in federal custody, saying it has complied with the request.

  • February 13, 2017

    Wawa Worker Enters Sanctions Bid In 'Speak English' Suit

    A Kosovo-born gas station attendant suing Wawa Inc. for firing him over his supposed inability to speak English asked a New Jersey federal court Friday for sanctions against Wawa for alleged spoliation of evidence regarding surveillance videos from the cameras in the gas station.

  • February 13, 2017

    Feds Must Justify Detention Of Immigrants, High Court Told

    The U.S. Supreme Court should clarify that natives of other countries who are detained during removal proceedings are entitled to bond hearings and to be temporarily released should the federal government fail to establish that they are flight risks or dangerous, seven states argued on Friday.

  • February 10, 2017

    3 Key Takeaways From The 9th Circ.'s Travel Ban Ruling

    The Ninth Circuit’s decision not to reinstate President Donald Trump’s travel ban offers key insights into the limits of presidential power and highlights the policy’s vulnerabilities. Here are three important takeaways from the appellate ruling — and a look at what the administration might do next.

  • February 10, 2017

    US Trying To Resolve Yemeni Visa Issues, Calif. Judge Told

    The federal government is working to settle the legal claims of Yemeni immigrants who say they were issued visas but improperly prevented from coming to the United States because of the Trump administration’s travel ban, a Justice Department attorney told a California judge at a hearing Friday.

  • February 10, 2017

    Ex-Jones Day Attys Puzzle Ethics Experts By Sitting Out Case

    Days before taking the biggest legal stage yet for the new Trump administration, top U.S. Department of Justice lawyers plucked from Jones Day took a knee and refused to appear in the controversial immigration case, a move that has ethics experts scratching their heads.

  • February 10, 2017

    New Crime-Of-Violence Deportation Case Hits Supreme Court

    The U.S. Supreme Court should take up a Third Circuit ruling that a federal statute defining a “crime of violence” is unconstitutionally vague, but delay review until the justices decide another deportation case examining the same question, the federal government has said.

  • February 10, 2017

    1st-Offender Pardon Can Block Naturalization, 5th Circ. Says

    The Fifth Circuit on Thursday affirmed a district court decision upholding the U.S. Citizenship and Immigration Service’s denial of a women’s naturalization application, saying the lower court did not err in finding that she had not received a “full and unconditional executive pardon” of her conviction for an aggravated felony.

Expert Analysis

  • Will H-1B Cap Planning Be Different This Year?

    David Grunblatt

    Although it's still January, it's not too early to start planning and preparing for the H-1B cap filings for fiscal year 2018. However, one question we must ask is whether H-1B cap processing will be different this year now that so many people coming into the U.S. government have identified the H-1B visa category as problematic, says David Grunblatt, head of the immigration practice group at Proskauer Rose LLP.

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • What's Going On With USCIS B-2 To F-1 Denials?

    Rabindra K. Singh

    For the past few months, United States Citizenship and Immigration Services has been denying certain B-2 to F-1 change of status applications. This is a major and disturbing shift from how USCIS has interpreted and applied regulations when adjudicating such applications in the past, says Rabindra Singh of Immigration Attorneys LLP.

  • USCIS Parole Rule: A Practical Solution For Entrepreneurs

    Susan J. Cohen

    A new rule from U.S. Citizenship and Immigration Services amends immigration regulations to expand the use of government authority to authorize parole for foreign entrepreneurs. The expansion is a welcome development for foreign entrepreneurs who have been frustrated by the lack of immigration options available through the existing U.S. visa categories, says Susan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Considering 'Crime Of Violence' Vagueness At The High Court

    Michael Carlin

    In Lynch v. Dimaya, the U.S. Supreme Court will need to decide whether the “void for vagueness” standard in the immigration context is the same as the standard used in criminal cases. Adherence to precedent set by the court’s previous decision in Jordan v. de George would lead the court to apply the vagueness standard in this case in the same manner as in criminal cases, says Michael Carlin of the Law Office of Michael Carlin PLLC.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • An Expansion Of H-1B Quota Exemptions For Nonprofits

    Andrew Greenfield

    For years, U.S. Citizenship and Immigration Services' narrow definition of "nonprofit" precluded many independently governed and operating nonprofits from qualifying for the H-1B quota exemption. However, a recent update to its regulations explicitly recognizes this challenge and the need to expand the kinds of university affiliations nonprofits can show to obtain an exemption, says Andrew Greenfield of Fragomen Del Rey Bernsen & Loewy LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.