Immigration

  • March 13, 2017

    Baseball Agent Escapes 2 Counts In Cuban Smuggling Trial

    A baseball agent accused of helping smuggle Cuban ballplayers to the United States escaped two counts Monday that would have required minimum prison sentences if he were to have been found guilty.

  • March 13, 2017

    Ban On 'Sanctuary' Policies Advanced By Florida Panel

    Florida state lawmakers waded into the national immigration debate Monday, with a House panel advancing legislation to bar “sanctuary” policies and require state and local governments and law enforcement to cooperate with federal immigration enforcement such as detainment requests, or risk punishment and loss of funding.

  • March 13, 2017

    Ranchers, DOL Fight Shepherds’ Wage Floor Challenge

    Ranchers’ groups and the federal government on Friday opposed shepherds’ bid for a quick win in their suit challenging a Department of Labor rule setting what they say is a too-low pay floor for long-term livestock workers on H-2A visas, with the agricultural associations saying the shepherds are attempting to destroy the livestock industry and the government saying they haven’t identified a specific agency action to review.

  • March 13, 2017

    9th Circ. Nixes Man's Re-Entry Sentence, Cites Judge's Bias

    The Ninth Circuit on Friday vacated the prison sentence of a man convicted of being in the U.S. illegally after removal, saying the trial judge failed to consult the man’s lawyer before responding to a jury’s question, denying him his Sixth Amendment right to counsel. 

  • March 13, 2017

    Immigrant Detainees Want Class Cert. In Due Process Suit

    Three detained immigrants who allege the federal government has violated their due process rights by holding them for weeks or months without allowing them to see a judge pushed a California federal court on Friday to certify their proposed class, saying it’s “a classic case for class certification.”

  • March 13, 2017

    EEOC Debuts Online Inquiry System In 5 Cities

    The U.S. Equal Employment Opportunity Commission on Monday took a step toward modernizing how it processes new discrimination charges, rolling out an online inquiry and appointment system in five cities. The new system will be expanded nationwide later this fiscal year, the agency said.

  • March 13, 2017

    11th Circ. Nixes Mexico Tourism Tax Racketeering Suit

    The Eleventh Circuit on Monday rejected a fraud suit from Mexican citizens living in the United States who alleged that seven airlines conspired to charge travelers a $20 to $25 tourism tax for U.S.-Mexico flights, saying there wasn’t enough evidence to back up their racketeering claim.

  • March 13, 2017

    Trump Slams Bid For Injunction In Travel Ban Challenge

    The federal government hit back Monday against Hawaii’s attempt to block the implementation of President Donald Trump’s revamped immigration ban, saying the state cannot rely on purported injury to others to litigate its claims.

  • March 13, 2017

    Injunction Applies To Resurrected Travel Ban, States Say

    Washington state Attorney General Bob Ferguson officially asked a federal court on Monday to apply an injunction against President Donald Trump’s first immigration ban, which barred immigrants from seven Muslim-majority nations, to a second, modified version of the executive order.

  • March 13, 2017

    GOP Sens. Float Bill To Address CBP Hiring 'Obstacles'

    A trio of Republican U.S. senators have introduced a bill that they said will address staffing shortages at U.S. Customs and Border Protection by nixing "obstacles" such as lie detector tests as a hiring requirement for applicants with qualifying law enforcement or military experience.

  • March 13, 2017

    Iowa Rep. Introduces Bill To End EB-5 Visa Program

    U.S. Rep. Steve King, an Iowa Republican who has made immigration crackdowns one of his signature issues, has introduced a bill to scrap the embattled EB-5 investor program amid attempts to reform it and accusations he posted a racist tweet.

  • March 13, 2017

    DOL Pick Acosta To Leave US Century Bank If Confirmed

    Nominee for U.S. Department of Labor chief Alexander Acosta has pledged to relinquish his role as a top official at U.S. Century Bank if he is confirmed to lead the agency, according to recently released federal ethics documents.

  • March 12, 2017

    Trump’s Prosecutor Purge Stokes DOJ Strife

    The Trump administration on Friday abruptly forced out all remaining Obama-era U.S. attorneys, a move supporters were quick to defend as par for the course. But what made this different, critics say, was the hasty execution and suspicion that it was driven by a cable news pundit or the desire to head off a troublesome investigation or two. 

  • March 11, 2017

    Bharara Fired After Refusing To Resign

    U.S. Attorney Preet Bharara said on Saturday that he had been fired after he refused to comply with Attorney General Jeff Sessions' order directing Obama-appointed U.S. attorneys to resign.

  • March 10, 2017

    Trump’s Latest Travel Ban Faces First Legal Setback In Wis.

    A Wisconsin federal judge dealt an early legal blow to President Donald Trump’s revised travel ban Friday by blocking enforcement of the controversial executive order to prevent a processing holdup with asylum petitions for the family of a Syrian refugee in the United States.

  • March 10, 2017

    Watchdog Dings USCIS On H-2 Application Fee Structure

    A watchdog for the U.S. Department of Homeland Security released a report Friday saying the H-2 visa petition fee structure is both “inequitable” and helps cause processing errors, saying a flat fee method has produced differences in costs employers shell out to bring foreign workers to the U.S.

  • March 10, 2017

    Judge Refuses To Move Ahead In Wash. Travel Ban Case

    A Washington federal judge refused to move ahead in a case over President Donald Trump’s latest travel ban on Friday, pointing out that there wasn’t actually a pending motion before the court, but rather just a notice of the new executive order and responses.

  • March 10, 2017

    Last Ups At Hand In Cuban Ballplayer Smuggling Trial

    The federal trial of baseball agent Bartolo Hernandez and athletic trainer Julio Estrada over Cuban ballplayer smuggling has entered the ninth inning, with federal prosecutors and defense counsel warming up for closing arguments after witness testimony wrapped Friday without Hernandez taking the stand.

  • March 10, 2017

    Foreign Investors Nab Partial Victory In EB-5 Dispute

    A D.C. federal court partly sided with a group of foreign nationals challenging a decision that rejected their petitions under the EB-5 visa program, finding Friday that some aspects of U.S. Citizenship and Immigration Services’ adjudication were “arbitrary and capricious.”

  • March 10, 2017

    H-1B Petitioners Want Lottery Blocked Until Ruling Issued

    Plaintiffs in a putative class action calling for changes to the randomized lottery system for H-1B visas asked an Oregon federal judge Wednesday to block the U.S. Citizenship and Immigration Services from distributing the visas in the next lottery until the court issues a decision in the case.

Expert Analysis

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Employer Guidance As Courts Consider Trump's Travel Ban

    Elizabeth Espín Stern

    Since Jan. 27, many of the initial questions posed by President Donald Trump's recent executive order banning travel to the United States by foreign nationals from seven countries have been answered by administration representatives, but the controversy about the legality of the order continues and is the subject of multiple court actions, say attorneys at Mayer Brown LLP.

  • In Congress: Cabinet Approvals, Disapproval Resolutions

    Richard Hertling

    Congress this week will continue to move forward on approving President Trump’s cabinet nominees and disapproving federal regulations issued in the final months of the Obama administration, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • The Privacy Implications Of Trump’s Immigration Order

    Heather Sussman

    President Donald Trump's recent executive order expanding enforcement of U.S. immigration laws is a departure from how the federal government previously has treated personally identifiable information of those who are not U.S. citizens or lawful permanent residents, in many contexts, including the processing of visas and immigration records, say attorneys with Ropes & Gray LLP.

  • Can Federal Agencies Reverse Course Under Trump?

    Steven D. Gordon

    The next four years will see litigation that explores the extent to which the Trump administration can alter or reverse the regulatory policies of the Obama administration without having to enact new legislation. The U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Why Trump Should Keep Legal Immigrants Legal

    Jacob T. Muklewicz

    Both the Trump administration and Congress would be wise to leave in place U.S. Citizenship and Immigration Services’ new rule aimed at offering job flexibility for high-skilled foreign workers, which was not only enacted in accordance with the Administrative Procedures Act, but also allows skilled foreign workers to maintain their legal status, says Jacob Muklewicz of Kirton McConkie PC.

  • Some Context For Trump's New Immigration Executive Order

    Jonathan E. Meyer

    President Donald Trump’s recent immigration-related executive order has sown confusion and spurred anger in the few days it has been in effect. In addition, arguments are raging over the White House’s claims of precedent for the order and the implications of implementing “extreme vetting,” says Jonathan Meyer, partner at Sheppard Mullin Richter & Hampton LLP and former deputy general counsel of the U.S. Department of Homeland Security.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.