Immigration

  • March 15, 2024

    NYC Settles Its Challenge Of 'Right-To-Shelter' Mandate

    New York City and the Legal Aid Society have settled the city's legal challenge of the "right-to-shelter" mandate that requires shelter to be provided to any homeless person in the city, according to a stipulation filed Friday in New York state court.

  • March 15, 2024

    Foreign Investors Say New Ruling Supports EB-5 Visa Bid

    A group of foreign investors seeking EB-5 visas told the D.C. Circuit on Friday that a recent district court decision opens the door for the appeals court to review a policy they contend wrongly prevented them from obtaining visas immediately.

  • March 15, 2024

    DOL Fights Fishery's Bid To Unveil Migrant Worker Identities

    The U.S. Department of Labor is fighting an attempt by a Mississippi fishery to uncover the identities of temporary foreign workers who claim they were retaliated against during a wage investigation, urging a federal judge to prohibit their disclosure.

  • March 15, 2024

    CBP Sued For Info On Alleged Outdoor Border Detention Sites

    Two organizations that support asylum-seekers and other migrants have sued U.S. Customs and Border Patrol in California federal court, seeking information about what they say are squalid CBP-controlled open-air migrant detention sites along California's southern desert border.

  • March 14, 2024

    Russian's Asylum Delay Suit Survives Dismissal Effort In Fla.

    A Russian national's legal efforts to speed up his 4-year-old asylum application survived a dismissal bid from the Biden administration, after a Florida federal court found the asylum-seeker had plausibly alleged his application had been unreasonably delayed.

  • March 14, 2024

    Ga. Farm Retreat Fails to Back H-2B Bid With Growing Season

    An administrative law judge on Wednesday shot down a Georgia farm retreat's bid to temporarily hire foreign employees during the Peach State's growing period, saying in two decisions that the employer failed to show that either of the job positions were seasonal.

  • March 14, 2024

    Judge OKs Exclusion Of Late Evidence In Deportation Fight

    An appellate immigration judge on Thursday ruled that evidence an El Salvador man fighting deportation submitted after a filing deadline was correctly excluded, saying a statute that would've allowed the late evidence only applied to individuals in expedited removal proceedings.

  • March 14, 2024

    Atty Rips Fox Rothschild's Gag Order Bid As 'Temper Tantrum'

    The attorney for two men suing Fox Rothschild LLP for malpractice has hit back against the firm's request for a gag order — which came after he called the firm a "corrupt organization" and threatened criminal prosecution — calling it a "temper tantrum" and claiming Fox Rothschild is merely trying to distract from the events that led him to make those comments.

  • March 14, 2024

    Fla. Atty Disbarred For Practicing Law After Suspension

    The Florida Supreme Court has disbarred an immigration attorney for practicing law while he was suspended after an investigation found he inappropriately texted and then fired women he worked with as an elected public defender.

  • March 14, 2024

    In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit

    Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.

  • March 13, 2024

    CoreCivic Beats Asylum-Seeker's Miscarriage Liability Suit

    A California federal judge handed CoreCivic Inc. a win Tuesday in a negligence lawsuit filed by an El Salvadorian asylum-seeker who alleged she miscarried while detained at the prison giant's immigration detention center near the U.S.-Mexico border, finding there to be no triable factual dispute over whether she miscarried in custody.

  • March 13, 2024

    Shipbuilder Created For One Project Can't Get H-2B Staff

    A company created solely for one shipbuilding project can't hire dozens of foreign shipbuilders to fulfill the contract, after failing to convince a U.S. Department of Labor judge that its labor needs weren't permanent.

  • March 13, 2024

    Don't Let Texas 'Rewrite' Immigrant Arrest Law, SG Tells Justices

    The Biden administration has told the U.S. Supreme Court that Texas is trying to recast a law allowing the state to arrest and deport immigrants in a more palatable light when it argued for the first time it doesn't require removal.

  • March 13, 2024

    New Co.'s Lack Of Records Dooms Bid For H-2B Truck Drivers

    A U.S. Department of Labor appeals board has upheld the denial of a transportation company's request for drivers under the H-2B visa program, ruling the company's payroll records and sales summaries did not prove a need for foreign, temporary workers.

  • March 13, 2024

    EB-5 Suit Says Hotel Project Tricked Non-English Speakers

    A real estate investment company is facing a proposed class action in California federal court alleging it took advantage of immigrant investors' limited English by fraudulently making them agree that the company and an Embassy Suites project could keep their investments indefinitely.

  • March 12, 2024

    Judiciary Touts New Policy To Rein In Judge Shopping

    The Judicial Conference of the United States on Tuesday said it has updated a policy on random case assignments to ensure litigants can't shop for the judge of their choice by going to a one-judge division of a district court.

  • March 12, 2024

    Texas' Migrant Arrest Law Faces New Suit, Now By Individuals

    Texas residents and a local nonprofit on Tuesday challenged the constitutionality of a new Texas law allowing state officers to arrest and deport migrants, the same day the U.S. Supreme Court imposed a second temporary pause on the law.

  • March 12, 2024

    Judge Lets Feds Appeal 'Novel' Issues In Asylum Bond Suit

    A Washington federal judge allowed federal immigration agencies to seek the Ninth Circuit's opinion on whether the district court can hear a class of asylum-seekers' lawsuit alleging deprivation of bond hearings, saying jurisdictional and constitutional issues in the case seem novel.

  • March 12, 2024

    Judge OKs Deal Ending DACA Holders' Lending Bias Suit

    A California federal court gave the all-clear for a $120,000 settlement to resolve claims that a credit union unlawfully denied loans to unauthorized immigrants with Deferred Action for Childhood Arrivals status, including one of its former employees.

  • March 12, 2024

    Alito Again Delays Effective Date Of Texas' Migrant Arrest Law

    U.S. Supreme Court Justice Samuel Alito on Tuesday again barred Texas from immediately arresting and deporting migrants under a new state law, ordering a five-day pause of a Fifth Circuit order allowing the law to take effect.

  • March 11, 2024

    Texas Fights Bid To Block Migrant Arrest Law At High Court

    Texas on Monday urged the U.S. Supreme Court to deny the Biden administration's bid to vacate an administrative stay issued by the Fifth Circuit and allow the Lone Star State's immigration law to take effect, saying it's the first line of defense "against transnational violence" caused by the federal government's inaction.

  • March 11, 2024

    9th Circ. Orders 2nd Look At Zambian Woman's Asylum Bid

    The Ninth Circuit on Monday revived a Zambian woman's asylum bid lodged for fear of being persecuted over her sexual orientation, saying the Board of Immigration Appeals didn't properly evaluate claims she'd previously been persecuted in Zambia for being a lesbian.

  • March 11, 2024

    Biden's 2025 Budget Seeks More Border Funds, Again

    The White House unveiled its $7.3 trillion fiscal year 2025 budget Monday, which includes more than $62 billion for the U.S. Department of Homeland Security, some of which would fund initiatives Congress has so far rebuffed President Joe Biden on.

  • March 11, 2024

    Wash. Law Aimed At GEO's Migrant Facility Partially Barred

    A Washington federal judge has halted the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying that a statute authorizing those actions unlawfully discriminates against GEO Group Inc., the facility's operator.

  • March 11, 2024

    Texas Judge Doubts Paxton's Motive For Shutting Nonprofit

    An El Paso, Texas, judge on Sunday put the brakes on Texas Attorney General Ken Paxton's bid to immediately shut down a Catholic nonprofit he has accused of smuggling or harboring migrants, raising questions about Paxton's motives.

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Expert Analysis

  • How A Gov't Shutdown Would Affect Immigration Processing

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    While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.

  • Opinion

    Smart Immigration Reform Can Improve Health Care Access

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    With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Opinion

    Time To End Double Standard On Kids' Green Cards

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    Recent changes to the U.S. Citizenship and Immigration Services rules have helped many children qualify for green cards, but the government's failure to extend these changes to consular processing unfairly leaves out children stuck abroad who need visas to join their parents in the U.S., says Edward Ramos at Kurzban Kurzban.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Litigation Can Facilitate EB-5 Investor Visa Determinations

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    Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.

  • 3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense

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    The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • USCIS Can Take On The Semiconductor Workforce Gap Now

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    While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

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