• February 14, 2018

    H-2A Visa Shepherds Still Can't Get Class Cert. For Wage Suit

    A Nevada federal judge on Tuesday dismissed for the second time a proposed class action made up of foreign shepherds working in the U.S. on H-2A visas who said that several ranches failed to pay them minimum wage, finding that federal jurisdiction requirements hadn’t been met.

  • February 14, 2018

    9th Circ. Should Reverse Calif. DACA Injunction, Feds Say

    The Trump administration on Tuesday urged the Ninth Circuit to reverse a California federal court’s order that temporarily barred it from rescinding the Deferred Action for Childhood Arrivals program, arguing that it is an agency action that courts must defer to.

  • February 14, 2018

    Ex-ICE Attorney Charged With Stealing Immigrant IDs

    A former top attorney at U.S. Immigration and Customs Enforcement's Seattle branch has been charged with stealing the identity of seven immigrants and attempting to use that information to defraud several major financial institutions, according to Washington federal court documents.

  • February 14, 2018

    Polsinelli Wins Asylum For Child Immigrants With Big Dreams

    After enduring years of physical and sexual abuse in Honduras, two teenage sisters with big dreams to help others in their new lives were recently granted asylum in the U.S., following three years of pro bono advocacy by a team of attorneys at Polsinelli.

  • February 13, 2018

    A Field Guide To The Senate's Immigration Proposals

    As the Senate continues its freewheeling immigration debate, members of both parties are competing to reach 60 votes on one of numerous proposals balancing relief for Deferred Action for Childhood Arrivals beneficiaries with border security. Here’s our field guide to the various immigration plans currently floating around Congress.

  • February 13, 2018

    9th Circ. Revives ACLU's Suit Over DHS Checkpoint

    The Ninth Circuit on Tuesday revived a suit accusing U.S. Customs and Border Protection of violating the American Civil Liberties Union’s free speech rights near an Arizona checkpoint, agreeing with arguments made by a Covington & Burling LLP attorney that the lower court abused its discretion by denying their request to take discovery.

  • February 13, 2018

    Senate's Immigration Debate Falling Apart

    The Senate’s planned freewheeling immigration debate threatened to spin out of control Tuesday, as the body did not vote on a single proposal while Democrats delayed offering their own plans and Republican leaders threatened to shut down the debate at the end of the week.

  • February 13, 2018

    BALCA Clips Bid For H-2B Visas By NC Landscaping Biz

    The Board of Alien Labor Certification Appeals has affirmed a U.S. Department of Labor decision denying a North Carolina landscaper's request to employ foreign seasonal workers, finding the company failed to prove the jobs were temporary.

  • February 13, 2018

    Trump's DACA Rollback Paused By NY Judge

    A New York federal judge on Tuesday entered an order that temporarily bars the Trump administration from rescinding the Deferred Action for Childhood Arrivals program, holding that the federal government has not sufficiently justified why it sought to roll back the immigration initiative.

  • February 13, 2018

    Trump's Immigration Plan Hits Africa, Asia, Latin America

    The Trump administration’s proposals for redrawing the nation’s immigration system through reductions in family reunification visas and the elimination of the diversity visa lottery would negatively impact the entry of nationals from Africa, Asia and Latin America into the U.S., according to an analysis released on Monday by the Center for American Progress.

  • February 13, 2018

    19 AGs Blast 2020 Census Citizenship Question

    A coalition of 19 attorneys general and others urged the U.S. Department of Commerce on Monday to reject the addition of a citizenship question to the 2020 decennial census, arguing it would undermine the accuracy of the population count and violate the census’ obligations under federal law.

  • February 12, 2018

    Honduran's Bid For Removal Review Denied By 5th Circ.

    A Fifth Circuit panel concluded Monday that neither an immigration judge nor the Board of Immigration Appeals abused discretion by denying a Honduran woman's request to reopen deportation proceedings that she claimed she never received notice of.

  • February 12, 2018

    Trump Seeks $4B For Border Wall, More Detention Beds

    President Donald Trump asked for more than $4 billion to construct a southern border wall and to house thousands more undocumented immigrants in detention centers nationwide as part of his fiscal year 2018 budget proposal unveiled Monday.

  • February 12, 2018

    Senate Kicks Off Immigration Debate With Uncertain End

    After months of false starts, fiery rhetoric and failed attempts at bipartisan legislation, the Senate voted to start a rare, free-wheeling immigration debate on the floor Monday, as the body struggles to grapple with legislation addressing immigrants brought to the country as children.

  • February 12, 2018

    Sanctuary City Order Ignored Vetting Process, 9th Circ. Told

    A group of political science experts on Monday urged the Ninth Circuit to maintain a permanent block of President Donald Trump’s executive order to withhold federal funds from so-called sanctuary cities, saying that he ignored proper vetting procedures when implementing it a year ago.

  • February 12, 2018

    10th Circ. Grants Cert To Detainees In Geo Forced Labor Suit

    Immigrant detainees accusing private prison giant Geo Group Inc. of using forced labor at a Colorado detention facility and unjustly enriching itself by paying them one dollar for a day’s work can proceed in their federal lawsuit as a pair of certified classes, the Tenth Circuit affirmed on Friday.

  • February 12, 2018

    Detainee Finances Must Factor In Bond Hearings, Judge Finds

    A New York federal judge ruled on Friday that immigration judges must consider detained asylum seekers' financial circumstances and alternative conditions of relief when setting bond, saying a failure to consider both factors amounts to a denial of bond.

  • February 9, 2018

    DHS May Turn Away Immigrants Who Use Public Benefits

    The U.S. Department of Homeland Security is considering turning away immigrants who have used a broad array of public benefits, including low-income health, educational and housing programs, according to an unpublished draft rule.

  • February 9, 2018

    ICE Targets Immigrant Activists For Deportation, Suit Says

    A prominent immigration activist filed a lawsuit against U.S. Immigration and Customs Enforcement on Thursday, accusing the agency of unlawfully targeting “the most vocal” activists for surveillance and deportation.

  • February 9, 2018

    Attys Skeptical Of National Vetting Center's Promises

    President Donald Trump's recently unveiled National Vetting Center promises to establish long-sought interagency cooperation on immigration processing, but does so with what some attorneys and advocates regard as an anti-immigrant agenda that may clog the system rather than simplify it.

Expert Analysis

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Preparing For An Increase In I-9 Worksite Enforcement

    Leigh Ganchan

    Acting U.S. Immigration and Customs Enforcement Director Thomas Homan recently issued a directive to increase worksite enforcement, putting I-9 compliance personnel on notice. However, knowing some basics about this development can help stakeholders gauge what to expect from the current administration, says Leigh Ganchan of Ogletree Deakins Nash Smoak & Stewart PC.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • 3 Signals From USCIS About H-1B And L-1 Visas

    Elizabeth Espín Stern

    Recent announcements reinforce the administration’s focus on policing abuses and preventing fraud in the H-1B and L-1 visa programs. Employers can expect U.S. Citizenship and Immigration Services not only to second-guess the validity of H-1B and L-1 petitions, but to search for opportunities to investigate and penalize employers, say Elizabeth Espín Stern and Maximillian Del Rey of Mayer Brown LLP.

  • Dealing With H-1B Extensions In The New No-Deference Era

    Rabindra Singh

    U.S. Citizenship and Immigration Services Director L. Francis Cissna recently implemented a new policy memo that specifically instructs all USCIS officers not to give deference to any previously approved nonimmigrant visa petition. In light of the policy shift, Rabindra Singh of Immigration Attorneys LLP shares a few practice pointers to consider before filing an H-1B extension petition.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.