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Immigration

  • September 19, 2018

    Deportation Surge Feared After Sessions' Immigration Ruling

    U.S. Attorney General Jeff Sessions' Tuesday decision mostly revoking immigration judges' power to dismiss or terminate removal proceedings undercuts their discretionary powers and accelerates deportations, according to attorneys.

  • September 19, 2018

    USCIS Vetting Policy Unfairly Targets Muslims, Immigrant Says

    An Indonesian citizen told an Illinois federal court Wednesday that the federal government is deliberately dragging its feet while processing his work authorization application as part of an opaque U.S. Department of Homeland Security program that allegedly delays application decisions for Muslim visa petitioners.

  • September 19, 2018

    Keep Haitians' Status Suit, 17 States Tell NY Court

    A group of 17 states and the District of Columbia filed an amicus brief in New York federal court Wednesday backing a legal challenge to a decision by President Donald Trump and the U.S. Department of Homeland Security to end temporary protected status for Haitians.

  • September 19, 2018

    Sessions To Review Bond Hearings For Certain Immigrants

    U.S. Attorney General Jeff Sessions has referred another Board of Immigration Appeals case to himself for review, seeking to examine the authority of immigration judges to hold bond hearings for certain immigrants screened from expedited deportation proceedings.

  • September 19, 2018

    DOJ Settles With Hotel Staffing Co. Over H-2B Discrimination

    The U.S. Department of Justice has settled with a South Carolina hospitality management company over allegations that the company discriminated against U.S. workers by preferring to hire foreign workers with H-2B visas instead, the department has announced.

  • September 19, 2018

    Gov't Wants Out Of Suit Challenging Atlanta ICE Raids

    The federal government on Tuesday urged a Georgia federal court to toss a suit brought by three U.S. citizen children accusing U.S. Immigration and Customs Enforcement of illegally detaining them during a series of raids near Atlanta, arguing the children fail to state a claim for relief.

  • September 18, 2018

    Trump's Refugee Admissions May Sink Lower Than 30K Cap

    The Trump administration announced Monday evening that it would lower the annual cap on refugee admissions from 45,000 to 30,000 in the next fiscal year, but attorneys and refugee aid groups projected that actual admissions could be even lower given processing inefficiencies.

  • September 18, 2018

    Trump Admin. Can't Escape LA's Bid To Nix 'Sanctuary' Rules

    A California federal court on Monday rejected the Trump administration’s bid to toss a case that challenges the placing of immigration-related conditions for receiving a federal public safety grant on the city of Los Angeles, finding the municipality has plausibly stated its claims. 

  • September 18, 2018

    6th Circ. Denies Bid To Duck Removal Based On Lousy Lawyer

    The Sixth Circuit on Tuesday rejected a Lebanese native’s bid to avoid deportation based on his contention that a supposedly inadequate lawyer he hired effectively caused a violation of his due process rights, as the U.S. Constitution does not guarantee legal representation for foreigners in immigration proceedings.

  • September 18, 2018

    Pelosi Urges Expansion Of Law To Protect Immigrant Women

    House Minority Leader Nancy Pelosi, D-Calif., on Monday said Republicans' refusal to vote on a long-term version of the Violence Against Women Act that would cover immigrants and LGBT people is an "abdication of our responsibilities to women in our country."

  • September 18, 2018

    Gov't Must Do More To Protect Detained Kids, Lawmaker Says

    The Trump administration must do better to ensure that immigrant children in detention camps are protected from abuse if it expects Congress to support initiatives to expand the amount of time that minors may be held, Sen. Heidi Heitkamp, D-N.D., said on Tuesday during a Senate hearing on the so-called Flores settlement agreement.

  • September 17, 2018

    Fla. Court Skeptical Of Fed Coercion In County's ICE Policy

    A Florida appeals court voiced skepticism Monday that Miami-Dade County officials were coerced into a decision to eliminate protections for undocumented immigrants from U.S. Immigration and Customs Enforcement detainer requests and seemed poised to overturn a trial judge's decision shooting down the new policy.

  • September 17, 2018

    NYC Sets Aside $4.1M For Migrant Children's Legal Services

    New York City has allocated $4.1 million to administer legal services for migrant children placed in federal facilities under the Office of Refugee Resettlement, including access to legal risk assessments and screening for individuals seeking to sponsor migrant children, Mayor Bill de Blasio announced Monday.

  • September 17, 2018

    Dems Raise Concerns About Reopening Immigration Cases

    Senate Democrats penned a letter to the Trump administration Thursday voicing concern over reports that the U.S. Immigration and Customs Enforcement will reopen thousands of deportation cases previously closed by immigration judges.

  • September 17, 2018

    Feds Defend Vetting Rules In Recruits' Naturalization Suit

    The U.S. departments of Defense and Homeland Security have urged a D.C. federal court to grant them a quick win in a class action from noncitizen U.S. Army recruits challenging the imposition of added requirements for naturalization, saying the policy is lawful.

  • September 17, 2018

    USCIS Hit With FOIA Suit Over Citizenship Application Delays

    Several immigrant advocacy groups have accused U.S. Citizenship and Immigration Services of illegally withholding documents related to the agency’s handling of citizenship applications, claiming the government has not responded to the groups’ Freedom of Information Act request, according to a suit filed in California federal court Monday.

  • September 14, 2018

    Feds, Ballplayer Cut Deal On House Tied To Smuggling Case

    Major League Baseball star José Abreu has made a deal with the federal government to keep a Florida Keys house that a court ordered his former athletic trainer to forfeit after being convicted of helping smuggle Cuban baseball players, including Abreu, into the United States.

  • September 14, 2018

    LA Secures Pause On Trump's 'Sanctuary' Rules For Grant

    A California federal court on Thursday temporarily barred the Trump administration from placing immigration-related conditions on the awarding of a federal public safety grant to the city of Los Angeles, determining that U.S. Attorney General Jeff Sessions lacks the authority for such an action.

  • September 14, 2018

    As Family Detention Expands, Attys Look To Alternatives

    As the Trump administration gears up to expand detention of immigrant families, attorneys are calling attention to alternatives that could be less restrictive and more cost-effective and still ensure that respondents appear for immigration court proceedings.

  • September 14, 2018

    Census Citizenship Fight Likely Headed For NY Trial

    Manhattan U.S. District Judge Jesse M. Furman told the Trump administration Friday he is likely to order a trial to determine if Commerce Secretary Wilbur Ross was motivated by legitimate policy reasons, or by discrimination, when he added a question about citizenship status to the 2020 census.

Expert Analysis

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Clarifying 'Moral Turpitude' In The Immigration Context

    Scott Wilkinson

    In Rocio Aurora Martinez de Ryan v. Sessions, a case out of Nevada involving fraudulent documents, the Ninth Circuit recently waded back into the arena of defining what constitutes a crime of "moral turpitude" — which can render one inadmissible to the United States. Based on its opinion, the court appears to be willing to adopt an “I know it when I see it” standard, says Scott Wilkinson of Erickson Immigration Group.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Opinion

    Kavanaugh Is The Wrong Choice To Check Autocratic Power

    David Driesen

    In light of the U.S. Supreme Court's ruling on the Trump administration's travel ban, the appointment of Brett Kavanaugh to the high court could further jeopardize our democracy. Kavanaugh’s deference to executive authority may embolden a president inclined to use national security rationales to restrict freedom, says David Driesen, a professor at Syracuse University College of Law.

  • Opinion

    Time To Abolish The Word 'Alien' From Our Lawbooks

    Leon Fresco

    The U.S. Department of Justice recently instructed its public information officers to use the term “illegal alien” when describing individuals in the U.S. without lawful immigration status. The term alien has been codified in American law since as early as 1798, but like many words and institutions from that era, it is now long past time to retire it from our federal statutes, says Leon Fresco of Holland & Knight LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • USCIS Memo Could Change Employment-Based Immigration

    David Serwer

    Buried in the middle of U.S. Citizenship and Immigration Services' recent 11-page memorandum is a single sentence that would put a whole new population of people in removal proceedings as the result of the denial of certain extension requests, say David Serwer and Matthew Gorman of Baker & McKenzie LLP.

  • EB-5 Investor Withdrawal — Evaluating The Controversies

    Ronald Fieldstone

    As the EB-5 visa program becomes more cumbersome, many investors are requesting or demanding a return of their $500,000 capital contribution. There are several variations of such requests that will result in different consequences, says Ronald Fieldstone of Saul Ewing Arnstein & Lehr LLP.