Immigration

  • 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.

  • March 10, 2017

    'Dreamer' Who Was Arrested After Speech Released, Attys Say

    An Argentinian immigrant who was arrested after criticizing U.S. Immigration and Customs Enforcement efforts at a press conference has been released from custody, her attorneys announced Friday.

  • March 10, 2017

    Sessions Asks Obama's 46 Remaining US Attys To Resign

    U.S. Attorney General Jeff Sessions has asked for resignation letters from 46 U.S. attorneys including Manhattan's Preet Bharara, the U.S. Department of Justice said on Friday, reversing an assurance from Sessions and President Donald Trump that Bharara could stay.

  • March 10, 2017

    Construction Co.'s Penalty Cut For 189 I-9 Form Violations

    An administrative law judge with the Office of the Chief Administrative Hearing Officer has reduced by 22.7 percent the penalties a Brooklyn, New York-based construction services company faced for the 189 violations it racked up for both failing to prepare or present employment eligibility forms for some of its workers and filing incomplete submissions, according to an order published Friday.

  • March 9, 2017

    UC Irvine, ABA Back Immigrant Bond Ruling At 9th Circ.

    The University of California, Irvine School of Law, the American Bar Association and others urged the Ninth Circuit on Wednesday to uphold a district court decision forcing immigration judges and officials to look at a detainee’s ability to pay bond, flight risk and other factors, saying vulnerable immigrants will be punished if the ruling is struck.

  • March 9, 2017

    Trump's Muslim Ban Remarks May Cloud Suits On New Order

    President Donald Trump's revised travel ban was narrowly tailored in a way that makes it harder to knock down in court, experts say, but the president's past statements that could be construed as an intent to discriminate against Muslims may haunt the legal battle going forward.

  • March 9, 2017

    3rd Circ. Reverses BIA In Sodomy Case Deportation Ruling

    The Board of Immigration Appeals erred in determining that a Mexican native’s sodomy conviction under military codes combined with a sentence enhancement had the effect of upgrading the crime to forcible sodomy and making him deportable, the Third Circuit ruled Thursday in reversing the agency.

  • March 9, 2017

    Dems Ask DHS Not To Split Up Families At Border

    Two sets of congressional Democrats on Wednesday urged the U.S. Department of Homeland Security against pursuing a policy of separating parents and children as a deterrent against those seeking to enter the U.S. by crossing the nation’s southern border.

  • March 9, 2017

    Full 9th Circ. Orders BIA To Review Gay Mexican's Asylum Bid

    The full Ninth Circuit Wednesday granted a petition for review of a Board of Immigration Appeals decision denying asylum to a Mexican citizen who alleged his government failed to protect him from abuse for being gay, remanding the case back to the BIA for further review.

  • March 9, 2017

    NY, Mass. AGs Join Fight To Bar Trump's Latest Travel Ban

    New York Attorney General Eric T. Schneiderman and Massachusetts Attorney General Maura Healey on Thursday separately announced that they will join state attorneys general for Washington and Minnesota and others in arguing that an injunction against President Donald Trump’s now-moot Jan. 27 immigration ban applies to the newest executive order.

  • March 9, 2017

    Immigrant Numbers In US Labor Force Growing, Report Says

    The percentage of immigrants in the American labor force has more than tripled in the past 45 years, while the total immigrant population grew more modestly, a new report from a Washington, D.C., nonprofit think tank indicates.

  • March 9, 2017

    Immigration Ban Could Keep US From Hosting World Cup

    FIFA President Gianni Infantino on Thursday said that an immigration ban for people from several Muslim-majority countries could hurt the U.S.’ chances of winning a bid to host the 2026 World Cup.

Expert Analysis

  • 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.

  • In Congress: More Cabinet, High Court

    Hertling_Richard_Covington.jpg

    Congressional activity this week is likely to be overshadowed by the president’s expected announcement of a Supreme Court nominee on Thursday, initiating a confirmation process that will consume a great deal of Senate time in the weeks ahead, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • Will H-1B Cap Planning Be Different This Year?

    David Grunblatt

    Although it's still January, it's not too early to start planning and preparing for the H-1B cap filings for fiscal year 2018. However, one question we must ask is whether H-1B cap processing will be different this year now that so many people coming into the U.S. government have identified the H-1B visa category as problematic, says David Grunblatt, head of the immigration practice group at Proskauer Rose LLP.

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • What's Going On With USCIS B-2 To F-1 Denials?

    Rabindra K. Singh

    For the past few months, United States Citizenship and Immigration Services has been denying certain B-2 to F-1 change of status applications. This is a major and disturbing shift from how USCIS has interpreted and applied regulations when adjudicating such applications in the past, says Rabindra Singh of Immigration Attorneys LLP.

  • USCIS Parole Rule: A Practical Solution For Entrepreneurs

    Susan J. Cohen

    A new rule from U.S. Citizenship and Immigration Services amends immigration regulations to expand the use of government authority to authorize parole for foreign entrepreneurs. The expansion is a welcome development for foreign entrepreneurs who have been frustrated by the lack of immigration options available through the existing U.S. visa categories, says Susan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Considering 'Crime Of Violence' Vagueness At The High Court

    Michael Carlin

    In Lynch v. Dimaya, the U.S. Supreme Court will need to decide whether the “void for vagueness” standard in the immigration context is the same as the standard used in criminal cases. Adherence to precedent set by the court’s previous decision in Jordan v. de George would lead the court to apply the vagueness standard in this case in the same manner as in criminal cases, says Michael Carlin of the Law Office of Michael Carlin PLLC.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.