Immigration

  • April 26, 2017

    Gov't Faces Pushback From Justices On Citizenship-Stripping

    An attorney for the federal government faced sharp questioning at the U.S. Supreme Court on Wednesday as the justices weighed whether naturalized citizens can lose their citizenship due to an “immaterial” false statement made during the application process, with the chief justice worrying about the potential for “prosecutorial abuse.”

  • April 26, 2017

    After 100 Days, Immigration Changes Will Be Up To Congress

    President Donald Trump has taken a variety of actions seen as a "sea change" for immigration policy during his first 100 days in office, and that approach is likely to continue, but experts told Law360 lasting change will depend on congressional action.

  • April 26, 2017

    4th Circ. Nixes Federal Felony Determination For Panamanian

    A Panamanian native’s burglary charge under Virginia state law is not equivalent to a federal aggravated felony that would subject him to deportation under the nation’s immigration laws, the Fourth Circuit determined Tuesday.

  • April 26, 2017

    DHS Opens Office To Report On Immigrants' Alleged Crimes

    The Department of Homeland Security announced Wednesday that it has opened a new office aimed at reporting and keeping track of crimes allegedly committed by immigrants, although data doesn’t suggest a higher correlation between immigrants and crimes.

  • April 26, 2017

    BIA Clarifies How To 'Peek' At Immigrant Convicts' Records

    Immigration judges trying to determine whether immigrants have committed crimes making them subject to deportation may “peek” at a foreign-born individual’s conviction record only as part of determining what facts must be proven beyond a reasonable doubt to juries, the Board of Immigration Appeals has held.

  • April 26, 2017

    Rights Watchdog Urges Feds To Rethink ICE At Courthouses

    The U.S. Commission on Civil Rights has urged the federal government to rethink sending U.S. Immigration and Customs Enforcement agents to state and local courthouses, noting that in one recent case, ICE agents arrested a woman right after she obtained a protective order against her alleged abuser.

  • April 25, 2017

    Justices Set To Hear Citizenship Stripping Case

    The U.S. Supreme Court will hear arguments Wednesday in an appeal over whether a person can lose their citizenship in a criminal case involving an “immaterial” false statement, in the first immigration-related matter the court will hear since Justice Neil Gorsuch joined the bench.

  • April 25, 2017

    Apple Strikes Out In 2 Labor Cert. Cases At BALCA

    The Board of Alien Labor Certification Appeals has affirmed the denial of certifications for Apple Inc. to hire two foreign-born workers as a database administrator and a logistician, finding Monday that one candidate did not have the required qualifications and the other lacked the necessary experience.

  • April 25, 2017

    Calif. Judge Blocks Trump's Sanctuary City Order

    A California federal judge on Tuesday granted a bid by San Francisco and a Silicon Valley county to block President Donald Trump’s executive order to withhold federal funds from so-called sanctuary cities for immigrants, in a ruling that slams the president's reference to the order as "a weapon" to be used "against jurisdictions that disagree with his preferred policies."

  • April 25, 2017

    Immigration Suits Continue Upward Climb In Trump Admin.

    A higher volume of immigration-related civil lawsuit filings that picked up speed during the Obama administration has carried over to the Trump administration with little sign of slowing overall, according to a Monday report by a Syracuse University-based data organization.

  • April 25, 2017

    Trump Nominates 2 DOD Officials But Many Openings Remain

    President Donald Trump announced a pair of U.S. Department of Defense appointments Monday, though the administration continues to trail the pace at which previous administrations filled thousands of political appointments as the 100-day mark approaches.

  • April 25, 2017

    Shutdown Less Likely With Nixed Border Wall Funding

    President Donald Trump and congressional leaders may have steered away from a government shutdown later this week, as both sides said Tuesday they are confident they can reach an agreement to keep the government running.

  • April 25, 2017

    Gov't Urges 4th Circ. To Toss Appeal Over Migrant Worker Pay

    The U.S. federal government urged the Fourth Circuit on Monday to toss an appeal attempting to revive a class action challenging pay for workers under the H-2B guest worker program, arguing that the workers failed to challenge a final action.

  • April 24, 2017

    Enviros Gird For Pitched Battle To Stop Trump Border Wall

    President Donald Trump appears committed to his campaign promise to build a wall along the border with Mexico, but environmental groups say they are ready to battle the administration in court every step of the way, even though past challenges to border barrier construction have failed.

  • April 24, 2017

    Hawaii Urges 9th Circ. To Uphold Initial Halt To Travel Ban

    The state of Hawaii on Friday urged the Ninth Circuit to uphold a preliminary injunction that halted a revised executive order on immigration from six predominantly Muslim countries, saying the order flouts the protections of the U.S. Constitution.

  • April 24, 2017

    Immigration Enforcement Bill Advances To Fla. House Floor

    Florida's House Judiciary Committee on Monday voted 12-6 to send the full chamber a bill that bars “sanctuary” policies and requires state and local officials to cooperate with federal immigration enforcement on matters such as detainment requests or risk penalties, including possible removal from office.

  • April 24, 2017

    Trump Admin. Preps For Shutdown, Calls Moves A Precaution

    With funding for the government set to expire on Friday, the Trump administration has initiated preparations for a government shutdown, though it says it does not expect one and insists the measures are precautionary, according to several media reports published at the end of last week.

  • April 24, 2017

    Kobach Gets New Bid To Shield Immigration Docs From View

    A Kansas federal judge on Sunday agreed to hold off on ordering Kansas Secretary of State Kris Kobach to turn over documents as part of a suit challenging a state proof of citizenship law, allowing Kobach to appeal the matter.

  • April 24, 2017

    Brooklyn DA Moves To Avoid Deportations Over Petty Crimes

    Acting Brooklyn District Attorney Eric Gonzalez said Monday that his office will provide special assistance to undocumented immigrants facing criminal convictions for minor offenses, advising them on how to avoid deportation and training staff to increase awareness of immigration issues.

  • April 24, 2017

    DHS Probes Abuse Of Power In Anti-Trump Tweeter Summons

    The U.S. Department of Homeland Security’s inspector general said Friday that he is investigating whether U.S. Customs and Border Protection abused its authority by issuing a summons to Twitter that sought the identity of the user behind an anonymous account critical of the Trump administration’s immigration policies.

Expert Analysis

  • 9th Circ. Legal Concerns Influence Trump's New Travel Ban

    Kari Konikowski Blackman

    President Donald Trump's new executive order banning travel to the U.S. by certain people from six Muslim-majority countries was clearly drafted to address structural defects and constitutional concerns outlined by the Ninth Circuit. However, it is unclear whether the changes will be sufficient to withstand legal challenges, says Kari Konikowski Blackman of Foster LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • Electronic Device Searches At Airports: Business As Usual?

    A. Jeff Ifrah

    In the midst of the furor over President Donald Trump's executive order banning travel from seven Muslim-majority countries, travelers and employers should not overlook another recent suggestion by the administration: that foreign visitors to the U.S. be required to disclose information from their personal electronic devices before being allowed to enter the country, say Jeff Ifrah and David Yellin of Ifrah Law.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • What To Know About Trump's New Border Security Guidance

    Sujata Ajmera

    The U.S. Department of Homeland Security recently issued guidance addressing President Donald Trump’s January executive orders regarding border security and enforcement. Under the guidance set forth, we can expect a significant uptick in U.S. Immigration and Customs Enforcement apprehensions, deportations without hearings, mass detentions and local law enforcement participation in these efforts, says Sujata Ajmera of Strasburger & Price LLP.

  • What To Do If You Suspect Your EB-5 Project Is In Trouble

    Catherine DeBono Holmes

    Managers and investors in EB-5 investment funds should regularly monitor their investments and be ready to take action if they detect signs of trouble. There are several proactive steps they can take to discover potential problems before they become a crisis, say Catherine DeBono Holmes of Jeffer Mangels Butler & Mitchell LLP, Daniel Lundy of Klasko Immigration Law Partners LLP, and Jeffrey Brandlin of Brandlin and Associates.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.