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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.