• February 23, 2018

    Feds Look To Nix Challenge To Naturalization Oath's 'God'

    The federal government pressed a Massachusetts federal court on Thursday to toss a lawsuit in which an atheist French citizen who is seeking U.S. citizenship challenges the inclusion of the phrase “so help me God” in the naturalization oath and asks to have its usage prevented in future ceremonies.

  • February 23, 2018

    Immigrants Sue Private Prison Co. Over 'Forced Labor'

    Private prison company CoreCivic Inc. was hit with a proposed class action on Thursday on behalf of immigrant detainees, alleging that CoreCivic is operating forced labor camps that violate the human rights of the detainees while it reaps profits of more than $1.5 billion annually.

  • February 23, 2018

    Immigration Judges Needn’t Warn Of Lack Of Proof: 2nd Circ.

    The Board of Immigration Appeals is entitled to deference in its determination that federal immigration law is ambiguous as to whether immigration judges are required to give asylum petitioners specific notice when their seemingly credible testimony appears to be uncorroborated with actual evidence, the Second Circuit held Friday.

  • February 23, 2018

    NY, Others Back Chicago In Sanctuary City Battle With Feds

    New York, California, 13 other states and the District of Columbia urged an Illinois federal court Thursday to deny the federal government’s bid to toss Chicago’s lawsuit challenging the Trump administration’s efforts to withhold federal public safety grant funds from so-called sanctuary cities, saying the move is unlawful.

  • February 22, 2018

    Trump 'Thinking About' Pulling ICE Out Of California

    President Donald Trump suggested Thursday he is "thinking about" removing U.S. Immigration and Customs Enforcement officers from California in response to policies instituted by the state and several of its communities that he considers provide sanctuary to those unauthorized to be in the United States.

  • February 22, 2018

    Agricultural Visa Overhaul Added To Immigration Package

    Rep. Bob Goodlatte, R-Va., is pushing for an overhaul of temporary agricultural worker visas as part of a House immigration reform package, capturing the support of the House Freedom Caucus and industry groups.

  • February 22, 2018

    USCIS Accused Of Wrongly Denying Green Cards

    Immigrants with temporary protected status on Thursday brought class claims that U.S. Citizenship and Immigration Services wrongfully denied their green card petitions on the basis that they initially entered the U.S. “without inspection.”

  • February 22, 2018

    End Of Protected Status Based On Racial Bias, Suit Says

    The Trump administration’s decision to terminate temporary protected status for immigrants from El Salvador and Haiti is unconstitutional and “tainted by racial animus,” a Boston-based immigrant advocacy group said in a lawsuit filed Thursday in Massachusetts federal court.

  • February 22, 2018

    Au Pair Co.'s Arbitration Clause Is 'One-Sided,' 10th Circ. Told

    An au pair company shouldn’t be allowed to arbitrate individual class members’ claims, au pairs told the Tenth Circuit, saying that the district court judge was right to find arbitration clauses in their contracts unenforceable.

  • February 22, 2018

    Immigration Law Allows Trump's Travel Ban, High Court Told

    The Trump administration on Thursday defended its ban on travel to the U.S. by nationals of several predominantly Muslim countries, telling the U.S. Supreme Court that the president acted at the height of his powers under federal immigration law and the U.S. Constitution.

  • February 21, 2018

    DHS Must Speed Up Travel-Ban Doc Production, Judge Says

    A D.C. federal judge on Wednesday ordered the U.S. Department of Homeland Security to pick up the pace on a Muslim advocacy group’s Freedom of Information Act request for records of border searches of electronic devices of travelers subject to President Donald Trump’s contested travel ban.

  • February 21, 2018

    CBP Wants Out Of FOIA Suit Involving Muslim, Arab Travelers

    U.S. Customs and Border Protection told a D.C. federal judge recently that it’s sufficiently responded to an Arab-American civil rights group’s request for records related to a program that expedites customs clearance for Muslim and Arab individuals, and therefore the lawsuit against it should be eliminated.

  • February 21, 2018

    NY Ramen Joint Settles National Origin Discrimination Claim

    A Manhattan ramen restaurant settled with the federal government over claims that it unlawfully discriminated against a job applicant on the basis that he was not Korean or Japanese, the U.S. Department of Justice announced Wednesday.

  • February 21, 2018

    Gorsuch Quote Shows Why Feds 'May Lose' Sentencing Case

    Justice Elena Kagan on Wednesday cited Justice Neil Gorsuch’s own words from a Tenth Circuit ruling as the U.S. Supreme Court reviewed an immigration case covering how courts should review and potentially correct sentencing errors, telling the Assistant Solicitor General arguing for the government that it "suggests why you may lose."

  • February 21, 2018

    Dreamers Shouldn't Put All Their Hopes In The High Court

    The passage of a bill to offer permanent protections for immigrants who participated in the Deferred Action for Childhood Arrivals program known as Dreamers faltered last week and all eyes have turned to the U.S. Supreme Court to step in, but even if the court takes up the case it is unlikely to offer the lasting relief these young immigrants are seeking, immigration experts told Law360.

  • February 21, 2018

    Feds’ 'Sanctuary' Funding Cut Threat Illegal, Fla. City Says

    West Palm Beach, Florida, on Wednesday urged a Florida federal court to enter an order temporarily barring the Trump administration from withholding or clawing back federal funds because of the municipality’s so-called sanctuary city policies, arguing the government’s move would violate federal laws and the U.S. Constitution.

  • February 21, 2018

    ​​​​​​​Argentine Woman Wins Removal Review At 11th Circ.

    The Eleventh Circuit ruled Tuesday that a drug trafficking conviction against an Argentine woman did not constitute an aggravated felony because the Florida narcotics statute was categorically overbroad, granting her petition for review of a Board of Immigration Appeals decision that disqualified her from cancellation of removal.

  • February 20, 2018

    Immigrant Children Sue Feds Over Prolonged Detention

    The New York Civil Liberties Union on Monday launched a proposed class action on behalf of immigrant children claiming Trump administration changes to the immigrant family reunification process have left them trapped in prolonged detention.

  • February 20, 2018

    ABA Urges Sessions To Let Immig. Judges Suspend Cases

    U.S. Attorney General Jeff Sessions should not revoke the ability of immigration judges to close administrative proceedings without issuing decisions, the American Bar Association and several immigration advocacy organizations asserted Friday in a Board of Immigration Appeals case.

  • February 20, 2018

    4th Circ. Says ‘Evading Rape’ Not Enough To Gain Asylum

    The Fourth Circuit on Tuesday denied a petition by a Honduran woman and her children after the Board of Immigration Appeals turned down their bid for asylum, saying a "woman evading rape and extortion" was not in a protected social group that qualified her for the requested relief.

Expert Analysis

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Addressing H-1B Visa Concerns: Part 2

    Excerpt from Lexis Practice Advisor
    Elliott Lichtman

    In the final part of this series, Elliott Lichtman and Lilah Rosenblum of Lichtman & Rosenblum PLLC discuss, among other issues, H-1B visa concerns such as extensions and amendments, portability, and recent action by the Trump administration that will impact the H-1B visa.

  • Roundup

    Judging A Book

    Justice and Empathy

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Addressing H-1B Visa Concerns: Part 1

    Excerpt from Lexis Practice Advisor
    Elliott Lichtman

    When the U.S. economy is strong, there is high demand for the scarce H-1B visa, but recent executive action by President Donald Trump may impact its future viability. Here, Elliott Lichtman and Lilah Rosenblum of Lichtman & Rosenblum PLLC offer guidance on various issues related to this frequently used professional worker visa.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Feature

    An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.