Immigration

  • December 16, 2016

    DOJ Unleashes Rule On Unfair Immigration Job Practices

    The U.S. Department of Justice brought its implementation of the unfair immigration-related employment practice provisions of the Immigration and Nationality Act up-to-date in a final rule published Friday, tweaking an August draft to address stakeholder worries the rule would sweep in neutral decisions.

  • December 16, 2016

    Justices Want More Info In Immigrant Detention Case

    The U.S. Supreme Court Thursday requested supplemental briefs from parties in an immigration detention case centered on questions of whether detained immigrants attempting entry to the U.S. are entitled to bond hearings after lengthy periods in custody.

  • December 16, 2016

    IT Recruiter Cops To Immigration Work Visa Scam

    A U.S. immigration manager working for an information technology company on Friday admitted his role in a scheme to fraudulently obtain foreign work visas for consultants he placed with third-party companies, tendering a guilty plea to obstruction of justice in New Jersey federal court.

  • December 16, 2016

    Philly Bar Association Questions Sessions AG Nomination

    The leadership of the Philadelphia Bar Association on Thursday unanimously approved a resolution questioning the qualifications of Sen. Jeff Sessions, R-Ala., to serve as attorney general, urging Pennsylvania’s two senators to thoroughly vet him and consider a “no” vote at confirmation hearings.

  • December 16, 2016

    The Biggest Immigration Cases Of 2016

    There was no shortage of immigration litigation this year, with the U.S. Supreme Court deadlocking in the case over Obama’s executive actions, the U.S. Securities and Exchange Commission bringing a major suit over alleged EB-5 visa fraud, and courts hearing challenges to work authorization rules for immigrants. Here, Law360 looks back at some of the biggest immigration cases from 2016.

  • December 15, 2016

    Sports Agent Can't Exclude Player Smuggling Evidence: Feds

    The federal government has argued that a Florida federal court should deny a sports agent's bids to exclude evidence and testimony from an upcoming trial over an alleged $16 million scheme to smuggle Cuban baseball players, saying the facts do not back his claims of misconduct by prosecutors.

  • December 15, 2016

    Mismatched Job Requirements Doom Aetna's Labor Cert. Bid

    The Board of Alien Labor Certification Appeals on Wednesday affirmed the denial of a certification to hire a foreign worker as a senior application developer, finding that Aetna unlawfully included language in its job postings that did not match the requirements listed in its federal application.

  • December 15, 2016

    High Court Told 'Crime Of Violence' Unconstitutionally Vague

    A Filipino immigrant who was convicted of first-degree burglary and ordered deported urged the U.S. Supreme Court on Wednesday to uphold a Ninth Circuit ruling that the Constitution’s “prohibition of vagueness in criminal statutes” applies to statutory provisions used to deport immigrants convicted of violent crimes, saying the appeals court got it right.

  • December 15, 2016

    Musical Retailer Settles H-1B Visa Violation Allegations

    A U.S. Department of Labor judge has signed off on a settlement agreement between a Georgia-based musical instrument retailer and the federal agency over allegations that the entity failed to pay an employee working with a H-1B visa the wages she was owed.

  • December 15, 2016

    Justices Take Up 6th Circ.'s Reluctant Deportation Ruling

    The U.S. Supreme Court agreed Wednesday to review a hesitant Sixth Circuit ruling that a South Korean immigrant who pled guilty to a small drug crime after his lawyer assured him he would not be deported should be removed.

  • December 14, 2016

    BALCA Upholds Labor Cert. Denial In Radio Executive Case

    The Board of Alien Labor Certification Appeals upheld the denial of an Alaskan broadcast company’s labor certification request aimed at sponsoring an Australian for a top executive job with a radio station after finding fault with the qualifications requirements.

  • December 14, 2016

    Feinstein Says Sessions' AG Docs Lack Controversial Talks

    Sen. Dianne Feinstein, D-Calif., Democratic leader for the Senate Judiciary Committee, said on Tuesday that attorney general nominee Sen. Jeff Sessions, R-Ala., has left “numerous speeches” out of the material the committee will consider before his confirmation hearing, including one where he reportedly called “the Left” an “evil practice.”

  • December 14, 2016

    Staffing Agency Settles DOJ Immigrant Discrimination Claims

    The U.S. Department of Justice on Wednesday announced that it has settled claims a Utah-based employment agency discriminated against noncitizen job applicants for $18,000.

  • December 14, 2016

    Calif. Restaurant Owner Convicted Of Taking Immigrants' Pay

    A San Diego restaurant owner has been convicted of grand theft and various labor violations after she hired immigrant workers whom she only paid in tips and who had to work through breaks and meal periods, the California Labor Commissioner’s Office has announced.

  • December 14, 2016

    Farm Slams EEOC For 'Absurd' Response In Immigrant Suit

    A Florida farm owner accused of discriminating against a class of Hispanic workers because of their national origin slammed the Equal Employment Opportunity Commission on Tuesday for trying to admit documents from their pre-suit negotiations, saying federal law blocks these records from being used as evidence.

  • December 14, 2016

    Trump Appoints Stephen Miller As Senior Policy Adviser

    President-elect Donald J. Trump has tapped Stephen Miller — a former adviser to likely attorney general nominee Sen. Jeff Sessions and an active participant in efforts to kill comprehensive immigration reform in 2014 — to serve as senior adviser to the president for policy, the transition team announced on Tuesday.

  • December 13, 2016

    The Trump Era Could Mean Big Changes For Biz Immigration

    Donald Trump’s campaign rhetoric often focused on a border wall, but major immigration changes could be on the horizon for businesses under the new administration, including a higher prevailing wage for H-1B visas, workplace raids and changes to visas under NAFTA, according to attorneys. Here are a few key business immigration moves to watch out for under the new administration.

  • December 13, 2016

    Ex-Workers Hit Disney With National Origin, Race Bias Suit

    Thirty former Disney workers sued the company Monday over alleged national origin and race discrimination, claiming in Florida federal court that they were unfairly replaced by Indian nationals.

  • December 13, 2016

    Ineffective Counsel Shouldn't Lead To Removal, Justices Told

    Two Mexican natives who were ordered to be deported have urged the U.S. Supreme Court to hear their case so it can rule on whether they failed to exhaust their administrative issues before the Board of Immigration Appeals after allegedly receiving inadequate legal counsel.

  • December 13, 2016

    7th Circ. Won't Rethink Work-Visa Ruling

    The Seventh Circuit has refused to reconsider its ruling that the federal government must give an immigrant’s new employer notice and a chance to respond when it's considering revoking a petition for permanent resident status filed by the worker's previous employer.

Expert Analysis

  • The Role Of Litigation Analytics In Your Case

    Thomas C. Gricks III

    Lawyers often use analytics in the course of an e-discovery review for production, where these tools help them assign documents into buckets such as “relevant” or “privileged.” Increasingly, lawyers are using analytics to see if there is anything unusual within the collection and if there are stories the documents can tell, say Thomas Gricks, Bayu Hardi and Mark Noel of Catalyst Repository Systems.

  • The Truth Behind A President’s Immigration Reform Promises

    Victoria Morte

    As Election Day gets closer, American voters continue to see presidential candidates Donald Trump and Hillary Clinton go head to head on U.S. immigration reform. However, whether the president has actual legal authority to influence immigration policy is one important question that is absolutely critical to the well-informed vote, say Victoria Morte and Amanda Nordby of Fragomen Del Rey Bernsen & Loewy LLP.

  • 4 Ways To Get Associates Trial-Ready

    Stephen B. Crain

    For young trial associates who want to evolve into young trial lawyers, getting the necessary experience is increasingly challenging. The only surefire way associates can become first chair advocates is through effective mentoring, and the best way to achieve effective mentoring is to incorporate it in your approach to cases, say Stephen Crain and Drew Taggart of Bracewell LLP.

  • Without Greater Investor Protection, EB-5 Is Unsustainable

    Angelo A. Paparelli

    Among the ongoing criticisms of the current EB-5 program are its lack of transparency, its failure to protect investors, and the inadequacy of safeguards to ensure that EB-5 funds are properly deployed for job creation and not lost through fraud or defalcation. The program’s longevity and success thus depends in large part on the implementation of reliable investor safeguards, say attorneys at Seyfarth Shaw LLP.

  • When Your Client Is The President: Part 8

    Robert Bauer

    It is natural in an environment like the White House, particularly for lawyers who have an active interest in public life, to wish to be in every conversation, on any topic, of general interest or major importance. It is a trap, says Perkins Coie LLP partner Robert Bauer, who served as White House counsel for President Barack Obama.

  • When Your Client Is The President: Part 7

    Gregory B. Craig

    The day after Barack Obama was elected our 44th president, President Bush gathered the White House staff and made clear that the work of his administration during its final two months would be defined by whatever was necessary to help President-elect Obama and his team succeed. It was perhaps the most critical event of the transition, say Gregory Craig, who was White House counsel for President Obama, and Michael Scudder, who was g... (continued)

  • When Your Client Is The President: Part 6

    Alberto R. Gonzales

    On the evening of Sept. 11, 2001, I stood on the Oval Office porch and watched as Marine One landed on the South Lawn, bringing President Bush home. The president decided immediately that the attacks that morning placed America on a war footing against a nonstate actor. This generated a number of unique and complex legal issues for me, says Alberto Gonzales, who served as White House counsel for President George W. Bush.

  • Employers Beware: Citizenship Status Discrimination Claims

    Yova A. Borovska

    Several recent enforcement trends demonstrate the importance of regular review of recruitment materials and practices for signs of employment discrimination issues. The use of citizenship or immigration status limitations in the recruitment process is only allowed in certain limited situations. Otherwise, it may result in discrimination prohibited under the Immigration and Nationality Act, says Yova Borovska of Buchanan Ingersoll & Rooney PC.

  • When Your Client Is The President: Part 5

    C. Boyden Gray

    Every day, it seemed that virtually the entire day was spent trying to shape the news. Balancing the media day-to-day with the need for strategic planning requires staff to stay in their positions rather than congregate around the ball. Yet the impulse to run to the action is as tempting in the White House as on the soccer field, says C. Boyden Gray, who served as White House counsel for President George H.W. Bush.

  • When Your Client Is The President: Part 4

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.