Immigration

  • August 1, 2017

    Judge Won't Reconsider Interpreting DHS Memo In DACA Row

    A Georgia federal judge on Monday declined to reconsider a portion of his June order that paused the ability of the federal government to deport a woman known as a high-profile beneficiary of the Deferred Action for Childhood Arrivals program.

  • August 1, 2017

    Jury Deems Ex-US Diplomat Liable In Trafficking Suit

    A Virginia federal jury on Monday found a onetime U.S. diplomat to Yemen is liable for the forced labor and sex trafficking of a former live-in domestic worker for her and her now-dead husband.

  • July 31, 2017

    What To Know About New Acting DHS Chief Elaine Duke

    Elaine Duke officially took the reins as acting homeland security secretary on Monday following last week’s surprise announcement that former U.S. Department of Homeland Security Chief John Kelly was heading to the White House. Here’s what you need to know about Duke, a longtime public servant who’s worked at DHS under three presidents.

  • July 31, 2017

    DHS Needs 1.25M Applicants To Get 15K New Agents: Report

    The U.S. Department of Homeland Security is facing “significant challenges” in meeting a goal set by President Donald Trump in January of hiring an additional 15,000 immigration officers and agents, according to the agency's Office of Inspector General.

  • July 31, 2017

    Ex-Ariz. Sheriff Joe Arpaio Found Guilty Of Contempt

    Former Maricopa County Sheriff Joe Arpaio could face jail time after an Arizona federal judge passed down a conviction for criminal contempt Monday, finding he continued having people not suspected of criminal activity detained based only on their immigration status, even after a court order blocked the practice.

  • July 31, 2017

    Latino Group Slams Texas' Threat To Alter DACA Suit

    A Latino civil rights group slammed Texas on Friday for attempting to pause and potentially shift a suit's focus from fighting the Obama administration’s 2014 executive action expanding the Deferred Action for Childhood Arrivals to instead going after the program entirely, arguing that the now-rescinded action leaves the state without a case.

  • July 31, 2017

    Au Pairs Fight Arbitration Bid In Wage-Fixing Action

    A class of au pairs told a Colorado federal judge Friday that they shouldn’t be forced to arbitrate their collective claims that AuPairCare Inc. colluded with other agencies to set low pay rates, arguing that it waived any right to arbitration by choosing to litigate this case and take advantage of judicial discovery.

  • July 31, 2017

    City Demands Assurance As UK Vows To End Free Movement

    The U.K. government on Monday pledged to end Britain's open-border policy with the European Union when Brexit is completed in March 2019, prompting British banking and insurance firms to demand cast-iron assurances that any new immigration regime will allow them to continue attracting overseas talent.

  • July 28, 2017

    Group Gets Injunction In EOIR Immigrant Representation Row

    A Washington federal judge on Thursday entered an order blocking the Executive Office for Immigration Review from enforcing a sanctions-related regulation and a cease-and-desist letter against the Northwest Immigrant Rights Project, in a case related to immigrant representation.

  • July 28, 2017

    Trump Assails ICE-Targeted Gang, Promotes Rough Policing

    President Donald Trump vowed to “destroy” the MS-13 gang during a speech Friday to law enforcement officers on Long Island, while seeming to encourage police not to consider the safety of apprehended individuals, and taking a moment to call for "let[ting] Obamacare implode."

  • July 28, 2017

    Investors Can't Join SEC's $89M EB-5 Scam Suit, Atty Argues

    An immigration attorney accused of stealing millions from foreign backers who’d been promised green cards in exchange for their investments urged an Illinois federal judge Thursday to deny a request from three such investors to intervene in the U.S. Securities and Exchange Commission’s suit against him.

  • July 28, 2017

    Trump Picks DHS Head Kelly To Be His New Chief Of Staff

    President Donald Trump announced Friday that he had appointed Homeland Security Secretary John Kelly as White House chief of staff, replacing Reince Priebus, who had taken withering fire from the president’s new communications director in recent days.

  • July 28, 2017

    House Bill Would Ditch Wall For Border Tech

    A group of mostly Republican House lawmakers on Thursday floated legislation that would substitute the U.S. southern border wall demanded by President Donald Trump with a "comprehensive border security strategy" relying on a combination of physical barriers, monitoring technology and U.S. Customs and Border Protection personnel.

  • July 28, 2017

    2nd Circ. Backs BIA That Dominican Man Can’t Nix Removal

    The Second Circuit has upheld two Board of Immigration Appeals decisions that a Dominican lawful permanent resident was inadmissible to the U.S. for being a noncitizen convicted of drug offenses and that he was not eligible for cancellation of removal, according to an opinion filed Thursday.

  • July 28, 2017

    3rd. Circ. Won't Revive H-1B Worker's Suit Against Law Firms

    The Third Circuit on Friday refused to revive an H-1B worker’s second suit against his former lawyers, whom he accused of acting against his interests in an employment dispute, saying that the instant suit was just rehashing claims that had already been dismissed and did not offer necessary facts to support the case.

  • July 28, 2017

    Panama's Ex-Prez Asks Justices To Take Up Question Of Bail

    A former president of Panama has asked the U.S. Supreme Court to reverse the denial of his release on bail and urged it to weigh in on the question of when bail is available in international extradition cases, which the court hasn't tackled in over a century.

  • July 27, 2017

    Where We Are Now In The Fight Over Sanctuary Cities

    Attorney General Jeff Sessions' announcement Tuesday that certain grants would only be given to areas that comply with anti-sanctuary city measures has already been met with pushback from cities like New York and Los Angeles, and some experts have raised questions about the legal basis for the requirements. Here’s where the legal battle over sanctuary cities stands.

  • July 27, 2017

    H-2A Shepherds Argue Fed. Court Can Hear Wage Suit

    A proposed class of foreign shepherds with H-2A visas urged a Nevada federal judge Wednesday not to dismiss their second amended complaint alleging several ranches had undercut them on minimum wage pay, saying the court has jurisdiction and all the claims have been properly pled.

  • July 27, 2017

    House Passes Defense, Energy, VA, Border Wall Funding

    The U.S. House of Representatives passed partial federal funding for next year on Thursday, although the $790 billion defense, energy and legislative funding bills faced Democratic criticism for policy riders, including $1.6 billion for a wall on the U.S.-Mexico border.

  • July 27, 2017

    Immigration Bill Roundup: Dream Act, Work Visas For Nurses

    Members of the 115th Congress took action on immigration-related bills in recent days that included measures such as additional work visas for foreign-trained nurses and the Dream Act, which would create a pathway to legal status for certain immigrants.

Expert Analysis

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Welcome Changes For Cos. Hiring Foreign Talent: Part 3

    Andrew Greenfield

    In the final part of this series, Andrew Greenfield of Fragomen, Del Rey, Bernsen & Loewy LLP examines a new regulation that clarifies when a new employer can take advantage of a prior employer’s sponsorship without incurring the cost and risk of new sponsorship.

  • Welcome Changes For Cos. Hiring Foreign Talent: Part 2

    Andrew Greenfield

    In part 2 of this three-part series, Andrew Greenfield of Fragomen Del Rey Bernsen & Loewy LLP explores some of the questions surrounding a new type of temporary U.S. work permit designed to bridge a gap in employment authorization while the employee seeks alternate green card sponsorship.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • Welcome Changes For Cos. Hiring Foreign Talent: Part 1

    Andrew Greenfield

    A new immigration regulation that went into effect earlier this year provides for greater flexibility in the ways U.S. employers can recruit and sponsor foreign professionals for temporary visas and U.S. permanent residence. In this three-part series Andrew Greenfield of Fragomen, Del Rey, Bernsen & Loewy LLP discusses how the new rules will impact various aspects of employers' recruiting and sponsorship practices.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • What To Know About High Court's Travel Ban Ruling

    Maria Fernanda Gandarez

    Last week, the U.S. Supreme Court partially lifted the preliminary injunctions that blocked President Donald Trump’s “travel ban” executive order. However, continuing litigation and subsequent revisions and implementation have significantly narrowed the effect of the order particularly with respect to business travelers, say Maria Fernanda Gandarez and Matthew Kolodziej of Ogletree Deakins Nash Smoak & Stewart PC.