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Immigration

  • September 7, 2018

    SEC, Consultant Lose Quick Win Bids In EB-5 Scheme Suit

    The U.S. Securities and Exchange Commission's claim that a financial aid consultant broke securities law by soliciting investors for an alleged Ponzi-esque visa fraud scheme through an unregistered company will move forward, after a California federal judge denied the commission's and consultant's bids for quick wins Thursday.

  • September 7, 2018

    Immigrant Legal Program Failing, Costing $40M, EOIR Says

    A study by the Executive Office for Immigration Review found the Legal Orientation Program that helps immigrants navigate the complexities of immigration court doesn’t achieve higher success rates for its participants, but that those participants’ detention lasts longer than that of non-LOP participants and costs the federal government $40 million annually.

  • September 6, 2018

    US Officials Conspired Against, Owe Immigrant Kids: Suit

    Boston immigration and civil rights attorneys said Thursday they are seeking to hold a dozen members of the Trump administration personally responsible for the trauma endured by more than 2,000 children the government separated from their parents this year at the U.S. border with Mexico.

  • September 6, 2018

    9th Circ. Won’t Revive Fight Over Immigrant Driving Privileges

    A group of immigrants fighting Oregon state officials for the chance to get driver cards without providing proof of their legal status hit a roadblock Wednesday when the Ninth Circuit ruled that courts don’t have the power to overrule voters who rejected the proposed law.

  • September 6, 2018

    Trump Moves To End Protections For Detained Immigrant Kids

    The Trump administration is moving forward with its plan to terminate a decades-old settlement agreement that established bedrock protections for immigrant children in detention, eliminating current licensing requirements such that families can be detained together, according to a proposed rule published Thursday in the Federal Register.

  • September 6, 2018

    SEC Charges Ex-Raymond James Manager Over EB-5 Fraud

    The U.S. Securities and Exchange Commission on Thursday charged a former Raymond James & Associates branch manager in Florida federal court with helping the onetime owner of Vermont ski resort Jay Peak bilk EB-5 immigrant investors out of $21 million and then trying to hide their tracks.

  • September 6, 2018

    Stop Funding More ICE Detentions, Advocates Urge Congress

    Nearly 200 immigrant organizations pushed Congress not to approve any more funding for immigrant detentions, accusing the U.S. Department of Homeland Security of manipulating the budget process to get more funds than they were promised.

  • September 6, 2018

    Labor Dept. Will Take Hard Look At Hotels' H-2B Use

    The U.S. Department of Labor will be cracking down on the hotel industry's use of foreign workers as part of a new H-2B visa enforcement initiative, it announced Thursday.

  • September 6, 2018

    Ex-DNC Chair Ducks Visa Scheme Suit By Chinese Investors

    A Virginia federal judge on Wednesday tossed claims of fraud made against Terry McAuliffe, former head of the Democratic National Committee, by a group of Chinese investors, finding that the investors had not provided enough detail in their allegations saying they were swindled out of green cards.

  • September 6, 2018

    Ex-UN Head's Nephew Gets 6 Months For Korea Bribery Plot

    A Manhattan federal judge sentenced the nephew of former United Nations chief Ban Ki-moon to six months in prison Thursday for trying to pay off a foreign official to fund an $800 million development in South Korea, expressing concern that a longer term would have led to his automatic deportation.

  • September 5, 2018

    Calif. Nears Win On Safety Funds In Sanctuary City Row

    A California federal judge seemed poised Wednesday to find that the Golden State's refusal to share information with federal immigration enforcement officials wasn't a valid reason for the Trump administration to withhold federal public safety funding, but he also expressed doubts about whether he could extend that finding nationwide.

  • September 5, 2018

    DACA Recipients Should Hold The Applause On Recent Ruling

    In the wake of a Texas federal court ruling last week, the Deferred Action for Childhood Arrivals program remains intact while a lengthy trial and appellate process plays out, but the judge's recent statements mean beneficiaries and their employers shouldn't celebrate just yet.

  • September 5, 2018

    Challengers To Census Citizenship Query Push For Gov’t Docs

    A number of states and immigration organizations challenging the inclusion of a citizenship question on the 2020 census urged a New York federal court Tuesday to compel the federal government to release a number of documents that officials have sought to shield from view.

  • September 5, 2018

    Immigrant Groups Slam Bill That Expands 'Crime Of Violence'

    Immigrant rights organizations on Wednesday slammed a proposed bill that would expand the federal definition of a “crime of violence,” saying the measure would put even documented immigrants at higher risk of arrest and deportation.

  • September 5, 2018

    Immigrant Detainees In Calif. Federal Prison Seek Class Cert.

    Six immigrant detainees who allege they have been deprived of health care and edible food at a detention center urged a California federal court on Tuesday to certify their case as a class action and select them as its representatives.

  • September 5, 2018

    Amish Couple Seeks To Nix Photo Requirement For Residency

    An Amish couple on Wednesday sued the federal government in Indiana federal court over its policy requiring candidates seeking permanent residency in the U.S. to submit a photo of themselves with their applications, arguing that it is against their religious beliefs to have their photos taken.

  • September 5, 2018

    ICE Allowed To Detain Salvadoran Journalist, Judge Says

    Aa Salvadoran journalist's habeas corpus bid was denied on Tuesday in his suit accusing U.S. Immigration and Customs Enforcement of unlawfully detaining him in retaliation for his stories that criticized local police, with a Louisiana federal judge saying the agency's decision to detain him was independent of any alleged retaliation by the state.

  • September 4, 2018

    Ex-Tenet Execs Blast Delays In Maternity Kickback Case

    Two former executives at Tenet Healthcare Corp. and the former head of a prenatal clinic that served Hispanic immigrants have accused U.S. Department of Justice prosecutors of delaying a $400 million kickback case against them and urged an Atlanta federal judge to dismiss the charges.

  • September 4, 2018

    House Passes 11 Homeland Security Bills

    The U.S. House of Representatives on Tuesday easily approved a slate of homeland security-related bills, covering issues such as improving border, airport and cyber security, and protecting and expanding access to U.S. Department of Homeland Security acquisitions.

  • September 4, 2018

    Bill Roundup: Detention Alternatives, 'Crimes of Violence'

    Several members of the House on Friday introduced legislation tackling immigration issues, including alternatives to detention, the harassment of ICE officials, and what constitutes a violent crime warranting deportation. Here, Law360 examines their proposals.

Expert Analysis

  • Opinion

    Kavanaugh Is The Wrong Choice To Check Autocratic Power

    David Driesen

    In light of the U.S. Supreme Court's ruling on the Trump administration's travel ban, the appointment of Brett Kavanaugh to the high court could further jeopardize our democracy. Kavanaugh’s deference to executive authority may embolden a president inclined to use national security rationales to restrict freedom, says David Driesen, a professor at Syracuse University College of Law.

  • Opinion

    Time To Abolish The Word 'Alien' From Our Lawbooks

    Leon Fresco

    The U.S. Department of Justice recently instructed its public information officers to use the term “illegal alien” when describing individuals in the U.S. without lawful immigration status. The term alien has been codified in American law since as early as 1798, but like many words and institutions from that era, it is now long past time to retire it from our federal statutes, says Leon Fresco of Holland & Knight LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • USCIS Memo Could Change Employment-Based Immigration

    David Serwer

    Buried in the middle of U.S. Citizenship and Immigration Services' recent 11-page memorandum is a single sentence that would put a whole new population of people in removal proceedings as the result of the denial of certain extension requests, say David Serwer and Matthew Gorman of Baker & McKenzie LLP.

  • EB-5 Investor Withdrawal — Evaluating The Controversies

    Ronald Fieldstone

    As the EB-5 visa program becomes more cumbersome, many investors are requesting or demanding a return of their $500,000 capital contribution. There are several variations of such requests that will result in different consequences, says Ronald Fieldstone of Saul Ewing Arnstein & Lehr LLP.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.