Immigration

  • March 28, 2017

    Canadian Nurse May Challenge Guilty Plea, Calif. Court Says

    California’s top court ruled Monday that a Canadian citizen who pleaded guilty to a drug-related charge may contest whether he truly understood the immigration consequences of his plea.

  • March 28, 2017

    Miss. Gov. Signs Anti-Sanctuary City Measure

    Mississippi Gov. Phil Bryant on Monday signed a bill targeting so-called sanctuary cities and other locales and public institutions that choose not to cooperate with federal agents on checking individuals’ immigration status.

  • March 28, 2017

    House Panel Hears From Sanctuary City Opponents

    A House subcommittee on Tuesday listened to witnesses opposed to the policies of so-called sanctuary cities whose local law enforcement agencies don’t cooperate with federal immigration authorities, hearing testimony urging Congress to crack down on those jurisdictions.

  • March 28, 2017

    Trump Would Spend $1B To Build 62 Miles Of Border Wall

    The Trump administration would use the nearly $1 billion in additional funds it requested to kick off the border wall project for a cumulative stretch of approximately 62 miles, including 14 miles that already feature a physical divider between the U.S. and Mexico, according to reports published on Tuesday.

  • March 28, 2017

    2nd Circ. Says Removal Not Punishment In Deportation Case

    The Second Circuit on Monday declined to revive an Ecuadorian man’s petition to escape removal proceedings, ruling that immigration judges needn’t weigh whether deportation is “proportional” to an immigrant’s actions because removal isn’t a punishment.

  • March 27, 2017

    Justices Set To Hear Immigrant's Case On Bad Atty Advice

    The U.S. Supreme Court will hear arguments Tuesday over when bad legal advice on the deportation consequences of taking a criminal plea rises to the level of prejudice, in the appeal of a permanent resident whose drug conviction could send him back to a country he left as a child.

  • March 27, 2017

    Calif. Top Judge Says 'Rule Of Law Is Being Threatened'

    California Chief Justice Tani Cantil-Sakauye on Monday warned the Golden State legislature that “the rule of law is being threatened” in the United States, with all three branches of government and the free press seeing their values, practices and laws called into question. 

  • March 27, 2017

    Sessions Threatens To Cut DOJ Cash From 'Sanctuary' Cities

    U.S. Attorney General Jeff Sessions on Monday threatened to withhold U.S. Department of Justice grant funds from so-called sanctuary cities and states that do not cooperate with federal efforts to enforce immigration laws, pointing out that the policy dates back to the Obama administration.

  • March 27, 2017

    Nonprofit Sues Over Docs On Device Searches At US Border

    A First Amendment protections nonprofit based out of New York’s Columbia University filed a lawsuit Monday asking a D.C. federal court to force the U.S. government’s border patrol agencies to turn over requested documents about how many electronic devices they search or confiscate at the country’s borders.

  • March 27, 2017

    ICE Detentions Illegally Long, Claims Detained Citizen

    A U.S. citizen detained by U.S. Immigration and Customs Enforcement’s Chicago field office filed a putative class action Monday in Illinois federal court alleging that detainees are routinely held longer than the 48-hour maximum established by the courts, in violation of federal immigration law and the Fourth Amendment.

  • March 27, 2017

    13 States Ask 4th Circ. To Revive Trump Immigration Ban

    A group of 13 states has urged the Fourth Circuit to reverse a Maryland federal judge’s injunction shutting down part of President Donald Trump’s latest immigration ban, arguing the measure was well within Trump’s constitutional powers as commander-in-chief.

  • March 27, 2017

    Calif., Tech Cos. Join Challenge To 'Sanctuary City' Order

    The state of California, 15 technology companies and numerous others have filed amicus briefs urging a California federal court to issue a nationwide injunction blocking President Donald Trump’s executive order to withhold federal funds from so-called sanctuary cities for immigrants.

  • March 27, 2017

    3 Things To Watch For As Congress Takes Up EB-5 Renewal

    Congress in the coming weeks will address what to do with the EB-5 visa program, and lawyers say a host of unknowns — including what President Donald Trump thinks of the program — mean developers and investors are on tenterhooks about what they'll need to do next. Here, Law360 lays out three things to watch for as Congress takes up EB-5.

  • March 27, 2017

    Hawaii Doubles Down On Bid To Halt Immigration Ban

    Hawaii on Saturday doubled down on its effort to convert a temporary restraining order into a preliminary injunction in the state’s challenge to President Donald Trump's revised executive order banning the entry of people from six Muslim-majority countries, saying that the court already made the findings necessary for a preliminary injunction.

  • March 24, 2017

    Va. Court Refuses To Block Trump's Latest Travel Ban

    A Virginia federal judge on Friday refused to issue a ruling blocking President Trump’s revised travel ban, in a break with two other federal courts that have considered the issue, pointing to “substantive revisions” in the president’s new executive order.

  • March 24, 2017

    Cubans’ Lighthouse Landing Merits US Entry, 11th Circ. Told

    A group of Cubans who were refused asylum after landing at an abandoned Florida Keys lighthouse asked the Eleventh Circuit on Friday to reverse the lower court's decision that the lighthouse does not count as U.S. soil.

  • March 24, 2017

    State Dept. Seeks More Scrutiny For Some Visa Applicants

    The U.S. Department of State has instructed consular posts abroad to increase scrutiny for some visa applicants, according to a cable posted by the American Immigration Lawyers Association, implementing a memo that President Donald Trump signed along with his revised travel ban executive order.

  • March 24, 2017

    Shiite Org, Yemeni Parents File Latest Travel Ban Challenge

    The U.S. arm of a Shiite Muslim organization and a Yemeni husband and wife were the latest to challenge President Donald Trump’s revised executive order banning people from six Muslim-majority countries from entering the United States, alleging Friday that the order is outright religious discrimination.

  • March 24, 2017

    What You Need To Know About The Border Wall So Far

    With the U.S. government officially seeking proposals for the border wall, the Trump administration seems determined to get started on its wall project as soon as possible. Here’s a look at the wall’s potential costs, its contracting requirements and the many land, tribal and environmental issues that could get in the way.

  • March 24, 2017

    No Rehearing For Koch Foods In EEOC Fight Over Visa Info

    The Fifth Circuit Thursday denied Koch Foods of Mississippi LLC’s request that it rehear a decision finding that the company cannot compel the release of identifying visa application information on employees who have brought a sexual harassment suit against it, but after the appeals court revised the decision in favor of Koch.

Expert Analysis

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • Will H-1B Cap Planning Be Different This Year?

    David Grunblatt

    Although it's still January, it's not too early to start planning and preparing for the H-1B cap filings for fiscal year 2018. However, one question we must ask is whether H-1B cap processing will be different this year now that so many people coming into the U.S. government have identified the H-1B visa category as problematic, says David Grunblatt, head of the immigration practice group at Proskauer Rose LLP.

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • What's Going On With USCIS B-2 To F-1 Denials?

    Rabindra K. Singh

    For the past few months, United States Citizenship and Immigration Services has been denying certain B-2 to F-1 change of status applications. This is a major and disturbing shift from how USCIS has interpreted and applied regulations when adjudicating such applications in the past, says Rabindra Singh of Immigration Attorneys LLP.

  • USCIS Parole Rule: A Practical Solution For Entrepreneurs

    Susan J. Cohen

    A new rule from U.S. Citizenship and Immigration Services amends immigration regulations to expand the use of government authority to authorize parole for foreign entrepreneurs. The expansion is a welcome development for foreign entrepreneurs who have been frustrated by the lack of immigration options available through the existing U.S. visa categories, says Susan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Considering 'Crime Of Violence' Vagueness At The High Court

    Michael Carlin

    In Lynch v. Dimaya, the U.S. Supreme Court will need to decide whether the “void for vagueness” standard in the immigration context is the same as the standard used in criminal cases. Adherence to precedent set by the court’s previous decision in Jordan v. de George would lead the court to apply the vagueness standard in this case in the same manner as in criminal cases, says Michael Carlin of the Law Office of Michael Carlin PLLC.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • An Expansion Of H-1B Quota Exemptions For Nonprofits

    Andrew Greenfield

    For years, U.S. Citizenship and Immigration Services' narrow definition of "nonprofit" precluded many independently governed and operating nonprofits from qualifying for the H-1B quota exemption. However, a recent update to its regulations explicitly recognizes this challenge and the need to expand the kinds of university affiliations nonprofits can show to obtain an exemption, says Andrew Greenfield of Fragomen Del Rey Bernsen & Loewy LLP.