Immigration

  • May 8, 2017

    Yates Defends Stance On Immigration Ban That Got Her Fired

    Former acting Attorney General Sally Yates on Monday defended her decision to defy President Donald Trump over his immigration ban in an unusually public standoff in late January that led to her firing, suggesting at a Senate hearing that Trump’s campaign rhetoric targeting Muslims rendered the executive order unconstitutional.

  • May 8, 2017

    Wells Fargo Rounded Up Immigrants For Accounts, Suit Says

    Wells Fargo sales agents routinely canvassed areas near construction sites, Social Security offices and at least one 7-Eleven gas station to “round up” undocumented immigrants and pressure them into signing up for accounts, according to recent allegations in a California derivative lawsuit.

  • May 8, 2017

    Texas Sues Local Pols To Enforce Sanctuary Cities Ban

    The ink had barely dried on Texas Gov. Greg Abbott’s signature on a law banning sanctuary cities in the Lone Star State when the state attorney general lodged a preemptive suit on Monday against Austin and Travis County leadership and law enforcement over their refusal to enforce federal immigration laws.

  • May 8, 2017

    Mayer Brown Bolsters DC Office With Ex-DHS Attorney

    Mayer Brown LLP said it has bolstered its employment and benefits group in Washington, D.C., with the addition of a former Obama presidential appointee who was senior counselor to the secretary of homeland security.

  • May 8, 2017

    Chinese Christian Urges High Court To Review Persecution

    A shoe factory worker who fled China after being arrested for attending illegal Christian house-church gatherings has asked the U.S. Supreme Court to reconsider a Tenth Circuit decision that held his circumstances didn’t amount to persecution.

  • May 8, 2017

    Immigrant Deaths Due To Poor Care In Detention: Report

    Analyses of U.S. Immigration and Customs Enforcement records of investigations into deaths in U.S. immigration detention facilities have revealed widespread evidence of subpar medical care and systemic failures, according to a report released Monday by Human Rights Watch and Community Initiatives for Visiting Immigrants in Confinement.

  • May 5, 2017

    ABA Raises Concerns Over DHS Searches Of Lawyer Devices

    The American Bar Association on Friday called for a review and modification of U.S. Department of Homeland Security rules permitting the search of lawyers’ laptop computers, cellphones and other electronic devices at U.S. border crossings, citing confidentiality and privilege concerns.

  • May 5, 2017

    Oracle Failed To Notify Laid-Off Workers Of Openings: BALCA

    Oracle America Inc. failed to adequately notify all potentially qualified, recently laid-off U.S. Oracle workers about two tech job openings it looked to fill with foreign workers, the Board of Alien Labor Certification Appeals said Thursday, affirming the denial of certification for the positions.

  • May 5, 2017

    Caseworkers Can't Be Blocked From Farms, Judge Rules

    Caseworkers, including legal aid workers, should enjoy First Amendment protection in making outreach visits to migrant workers living on their employers’ land, a Maryland federal judge has ruled, saying caseworkers hit with now-rescinded trespassing notices may keep pursuing most of their claims.

  • May 5, 2017

    Ex-Target Kiosk Worker Can't Get 8th Circ. To Revive Bias Suit

    The Eighth Circuit ruled Friday that a Palestinian immigrant who worked for a Target Corp. contractor in one of the retail giant’s stores wasn’t fired because of his national origin nor was he subjected to a hostile work environment from co-workers who hurled occasional comments about his Middle Eastern heritage. 

  • May 5, 2017

    SEC Looks To Compel Canadian Depos In Jay Peak Suit

    The U.S. Securities and Exchange Commission asked a Florida federal court on Friday to request help from the Superior Court of Quebec in compelling a pair of Canadian citizens to give depositions in its fraud suit against the owner of Jay Peak resort over $350 million in EB-5 investments.

  • May 5, 2017

    DOL Needs Authority To Curb H-1B Visa Abuse, Senators Say

    U.S. Sens. Chuck Grassley, R-Iowa, and Dick Durbin, D-Ill., called on colleagues on Friday to pass legislation they authored giving the U.S. Department of Labor added authority to investigate skilled foreign worker visa programs such as the H-1B program, saying it would prevent businesses from replacing U.S. workers with cheaper foreign labor.

  • May 5, 2017

    Jeb Bush Backs Ariz. In Immigrant Licenses Dispute

    Former Florida Gov. Jeb Bush has become the latest public figure to support Arizona as it asks the U.S. Supreme Court to review a Ninth Circuit decision that permanently barred the state from refusing driver's licenses to immigrants brought to the country illegally as children.

  • May 5, 2017

    Persecutor's Motives Irrelevant To Ducking Deportation: BIA

    The personal motives of individuals such as a Salvadoran man who assisted in persecuting another person are irrelevant when determining whether to apply a statutory bar against their qualifying for relief against a deportation order, the Board of Immigration Appeals ruled Friday.

  • May 5, 2017

    State Dept. Proposes Tougher Visa Questioning Process

    The U.S. Department of State is seeking to implement stricter visa questioning in line with President Donald Trump’s so-called extreme vetting measures, according to a document published by the Federal Register on Thursday, which outlines newly proposed reporting requirements from selected travelers.

  • May 4, 2017

    Judge OKs $360K Settlement In Haitian Workers' Suit

    A Florida federal judge granted final approval Thursday of a $360,000 settlement in a case brought by black and Haitian farmworkers who claimed that fruit companies denied them work in favor of white and Hispanic employees.

  • May 4, 2017

    Previously Deported Man Can't Seek Asylum, 1st Circ. Holds

    A split First Circuit panel on Wednesday upheld decisions by an immigration judge and the Board of Immigration Appeals that a Guatemalan who re-entered the U.S. after being deported could not apply for asylum because of a reinstated removal order.

  • May 4, 2017

    4th Circ. Affirms Permanent Resident’s Removal For Crimes

    The Fourth Circuit refused to review a Colombian native’s deportation proceedings Wednesday, ruling that breaking into a Maryland home with the intention of stealing qualified him for removal under the Immigration and Nationality Act.

  • May 4, 2017

    Dem Sens. Unveil Bill To Protect Farmworkers From Removal

    Five Democratic senators on Wednesday introduced a bill aimed at protecting farmworkers from being deported and allowing them a path to legal status, according to Sen. Dianne Feinstein’s office, with the legislation offering “blue card status.”

  • May 4, 2017

    Texas Passes Bill Allowing Police To Verify Immigration Status

    The Texas Legislature on Wednesday finalized its voting to approve a bill that empowers local authorities to ask about individuals’ immigration status and bars local communities from prohibiting police officers from asking those they have detained about their status.

Expert Analysis

  • Delays And Uncertainty Surround Trump's Latest Travel Ban

    Maria Fernanda Gandarez

    As the constitutionality of President Donald Trump's latest immigration-related executive order is pending, the administration is cracking down on immigration benefits more generally, and employers may want to exercise extreme caution before having nationals of the EO's six designated countries travel internationally, say Maria Fernanda Gandarez and Matthew Kolodziej of Ogletree Deakins Nash Smoak & Stewart PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Int’l Travelers, Beware Digital Device Searches At Border

    Behnam Dayanim

    In light of the recent executive order on terrorism and immigration, travelers, including attorneys who may be carrying sensitive privileged information, should be increasingly aware of their rights — or lack thereof — at the border, say Behnam Dayanim and Ashley Pyon of Paul Hastings LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • A Pragmatic Look At Potential Changes To H-1B Cap Season

    Scott J. FitzGerald

    With the fiscal year 2018 H-1B cap season in full swing, the business community is questioning whether the Trump administration could alter or curtail the H-1B program. Scott FitzGerald and Alexandra Law of Fragomen Del Rey Bernsen & Loewy LLP address that question, with a focus on whether, and to what extent, the administration could impact the adjudication of applications and petitions filed under the 2018 H-1B cap.

  • Immigration Compliance Dangers In The Shared Economy

    Davis C. Bae

    While many shared economy companies have strong background check systems to address questions of status, the penalties for their failure to ensure freelancers are authorized to work in the U.S. are almost nonexistent. This is a growing problem for employers in relation to the Trump administration’s focus on immigration enforcement, says Davis Bae of Fisher Phillips.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Will Pena-Rodriguez V. Colorado Apply To Civil Cases?

    M. Christian King

    The U.S. Supreme Court ruled last week in Pena-Rodriguez v. Colorado that no-impeachment rules must yield to the Sixth Amendment's right to an impartial jury in a criminal investigation. Though Pena-Rodriguez has much to recommend to the civil side of the jury system, the analysis in the opinion may not be easily extended, say M. Christian King and Wesley Gilchrist of Lightfoot Franklin & White LLC.