Immigration

  • July 12, 2017

    House Committee Floats $1.6B Proposal For Border Wall

    The House Appropriations Committee on Tuesday unveiled a bill that contains $1.6 billion for a southern border wall, a proposal that would meet President Trump’s wall funding request, but may also set up a potential fight with Democrats, who have expressed opposition to the barrier.

  • July 12, 2017

    7th Circ. Delivers Smackdown To Immigration Judge

    The Seventh Circuit Tuesday strongly rebuked a U.S. immigration judge for rejecting a Moldovan man’s asylum petition for what the panel characterized as “trivial” inconsistencies in his story.

  • July 11, 2017

    Iraqi Detainee Cases Can Be Heard In Fed. Court, Judge Says

    A Michigan federal judge ruled Tuesday that federal courts have the authority to hear the cases of 1,400 Iraqi immigrants with prior criminal convictions who were recently detained during immigration sweeps, citing the danger they would face were they to be immediately deported without trial.

  • July 11, 2017

    Justice Breyer On The Limits Of Presidential Power

    Justice Stephen Breyer discusses the Supreme Court’s role as a check on executive authority and the global influence on U.S. courts, in the first of two articles based on an exclusive interview with the justice. This is part of a series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 11, 2017

    Enviros Expand Border Wall Suit, Attack Lack Of Studies

    The Trump administration is violating federal environmental laws by plowing ahead with prototype projects for a wall on the nation’s southern border without first evaluating the potential impact on the environment, including on endangered creatures such as the Quino checkerspot butterfly, an environmental group has alleged.

  • July 11, 2017

    Immigrant Spouses Lose Suit Over Delayed Hearings

    A Massachusetts federal judge granted U.S. Citizenship and Immigration Services' request to toss a proposed class action accusing the agency of failing to process in a timely fashion applications for unrestricted permanent residency from immigrant spouses of U.S. citizens, determining they lacked standing. 

  • July 11, 2017

    Ariz. County Fights $1.38M Fee Request In Migrant ID Case

    Maricopa County, Arizona, told a federal judge on Monday that the $1.38 million in attorneys’ fees sought by a migrants justice group and others in their suit that saw a permanent bar placed on the county sheriff’s use of work verification documents to conduct criminal prosecutions for identity theft or forgery was unreasonable.

  • July 11, 2017

    BIA Erred In Finding Guyanese Man Deportable: 11th Circ.

    The Board of Immigration Appeals erred by affirming a deportation order for a Guyanese man convicted of a marijuana offense, as the Florida law he violated encompasses multiple offenses and only some of them are equivalent to a federal aggravated felony conviction, the 11th Circuit ruled Monday.

  • July 11, 2017

    Immigrants, Advocates Sue To Stop Trump's Voter Database

    Voters, immigrants and advocates launched another challenge to the Presidential Advisory Commission on Election Integrity in Florida federal court on Monday, accusing it of violating the right to vote under the First Amendment and constitutional and statutory privacy protections by requesting that states supply personal voter registration information to a centralized federal database.

  • July 10, 2017

    The Wagner Law Group Adds Immigration Partner In Boston

    The Wagner Law Group is expanding its employee benefits practice into immigration law, adding an attorney with expertise in business and family immigration as a partner in its Boston office.

  • July 10, 2017

    Trump Officially Delays International Entrepreneur Rule

    The Trump administration is taking steps toward ending an Obama-era rule that would have allowed about 3,000 international entrepreneurs per year to grow businesses in the U.S., citing a January executive order aimed at heightened immigration enforcement, according to a document scheduled for publication in the Federal Register on Tuesday.

  • July 10, 2017

    Labor Dept. Defeats H-2A Shepherds' Wage Dispute

    A D.C. district judge granted ranchers groups and the federal government a win Friday in a suit challenging a U.S. Department of Labor rule for long-term livestock workers on H-2A visas, dismantling the shepherds' arguments that the measure sets pay too low and defending the agency’s rulemaking diligence.

  • July 10, 2017

    Atty's Ex-Counsel Can't Rep His Ex-Client, Court Told

    The former attorney for two brothers who accused the Cuban government of torture and harassment told a Florida appeals court Monday that the firm that replaced him and secured a roughly $2.8 billion judgment shouldn’t be allowed to represent the pair in litigation against him because he was one of its clients, too.

  • July 10, 2017

    Farm Denied Labor Cert. After Too Many Sequential Requests

    A Florida farm lost out on a labor certification bid Friday after a U.S. Department of Labor judge determined that its requests for tomato harvesters under the H-2A visa program were too frequent and sequential to be representative of a need for seasonal, rather than continuous, labor.

  • July 10, 2017

    US Lifts Laptop Ban For Royal Jordanian, Kuwait Airways

    The U.S. on Sunday cleared Royal Jordanian Airlines and Kuwait Airways to allow large personal electronic devices, such as laptops, in their aircraft cabins aboard U.S.-bound flights from Jordan and Kuwait after they tightened their passenger screening procedures.

  • July 7, 2017

    Feds Aim To Undo Class Cert. In Immigrant Vetting Challenge

    In a class action challenging the legality of an immigrant vetting program allegedly expanded by the Trump administration, the U.S. government asked a federal judge to rethink his order certifying a class of applicants for immigration benefits, arguing Wednesday that the applicants could not attribute any injury to the program.

  • July 7, 2017

    USCIS Must Revisit Bull Rider’s Visa Bid, Judge Says

    A Texas federal judge has granted judgment in favor of a Brazilian bull rider whose application for a visa as a worker of "extraordinary ability" was rejected by U.S. Citizenship and Immigration Services, saying the agency’s decision was arbitrary and capricious.

  • July 7, 2017

    Qatar Latest To Duck US Laptop Ban After Bolstering Security

    Qatar Airways is the latest Middle Eastern carrier to score U.S. approval to allow large personal electronic devices such as laptops in its aircraft cabins during U.S.-bound flights, after it tightened its passenger screening procedures at Hamad International Airport, the Doha-based airline said Thursday.

  • July 7, 2017

    Bond Hearings Not Required For Some Detainees: 9th Circ.

    A Ninth Circuit panel created a circuit split Thursday by determining that a detained Salvadoran man subject to a reinstated deportation order was not entitled to a bond hearing as he awaits a separate determination on whether he has a reasonable fear of returning to the Central American country.

  • July 7, 2017

    Tillerson-Commissioned Report Says DHS Should Issue Visas

    A report commissioned by Secretary of State Rex Tillerson and disseminated agencywide recommends that the Department of Homeland Security take over the issuance of U.S. visas, passports and other travel documents as a cost-saving mechanism, according to media reports.

Expert Analysis

  • Key Privacy Developments In Trump's First 150 Days

    Jaipat S. Jain

    Recent significant shifts in privacy policy include an executive order withdrawing Privacy Act protections for non-U.S. individuals, and the rollback of the Federal Communications Commission's broadband privacy rules, says Jaipat S. Jain of Lazare Potter & Giacovas LLP.

  • Employer Steps For Avoiding Business Travel Mishaps

    Elizabeth Espín Stern

    Steps taken by the Trump administration to tighten U.S. border security have signaled a new era in global mobility, both in the United States and throughout the world, in which cross-border travelers should expect more advanced investigation techniques by immigration officers as well as increased scrutiny and examination for even seemingly routine international travel, say attorneys at Mayer Brown LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • 9th Circ. Cites Statutory Overreach In Travel Ban Decision

    Jeffrey Gorsky

    The Ninth Circuit's decision Monday to uphold the block on President Donald Trump's revised travel ban comes less than one month after the Fourth Circuit also enjoined enforcement of a portion of the executive order. However, the Ninth Circuit's opinion differs from the Fourth Circuit’s in several important ways, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • Enforcement Alone Will Not Solve Immigration Issues

    Karen-Lee Pollak

    As part of President Donald Trump’s massive deportation plan, several anti-immigration bills that focus on enforcement have recently come before the U.S. House of Representatives. There is a long way to go before these bills become law, but they are still concerning, says Karen-Lee Pollak of Pollak PLLC.

  • Misapplying FOIA To Confidential Info In Gov't Contracts

    John Zabriskie

    The recent Detention Watch ruling that information in a government contract per se falls outside the Freedom of Information Act’s trade secret and confidential information exemption may prove influential because of its detailed analysis of an often-overlooked element of that exemption. However, this would be undeserved because the New York federal court's analysis is flawed, say John Zabriskie and Jason Britt of Foley & Lardner LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.