Immigration

  • January 25, 2024

    Feds Say Farms Trying To Delay H-2A Wage Rule Fight

    The federal government called on a North Carolina federal judge to reject a bid by agricultural industry groups to produce the full administrative record related to changes in wage calculations for foreign guest workers, deriding the request as a delay tactic.

  • January 25, 2024

    1st Circ. Rescues Asylum Case Over Migrant's Family Ties

    The First Circuit revived an asylum application from a Salvadoran man who says he fled his country to escape his father's murderous debtors, faulting an immigration appeals board for finding the man's persecution was only loosely connected to his father.

  • January 24, 2024

    Late Visa Extensions Due To Labor Disputes To Be Excused

    Temporary visa holders who miss a deadline to request an extension of their stay or to change their status because of certain labor-related circumstances may be granted another chance to file, U.S. Citizenship and Immigration Services announced Wednesday.

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Feds Meet Court-Ordered Quota For Afghan Asylum Applications

    Attorneys who sued the government over delays in processing asylum claims for Afghans fleeing the Taliban's rule said the Biden administration has met its obligations under a settlement agreement to process at least 65% of the applications pending since August.

  • January 24, 2024

    Immigration Atty Representation Rates Dropped, Report Says

    The average rate of immigration attorneys available to represent noncitizen clients in the rising backlog of cases pending in immigration courts across the country has dropped from 65% five years ago to 30%, according to a report published by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.

  • January 24, 2024

    House GOP Blames White House For Afghans Stuck In UAE

    The top Republican on the House Foreign Affairs Committee has demanded answers from the Biden administration about Afghan allies awaiting vetting in the United Arab Emirates for more than two years, saying the lag puts Afghans in danger.

  • January 23, 2024

    Texas Border Tensions Show Need For Justices' Input

    The U.S. Supreme Court's endorsement of federal officials removing razor wire Texas is using to keep out migrants at the border could spur more litigation, highlighting a need for the justices to clearly define the limits of states' power.

  • January 23, 2024

    8th Circ. Again Denies Honduran Man Deportation Relief

    The Eighth Circuit on Tuesday refused to revive a Honduran father's bid to avoid deportation under a rule reserved for those who were harmed by a lawful permanent resident parent, rejecting the man's contention that an appeals board had considered facts it wasn't supposed to.

  • January 23, 2024

    Low H-1B Approval Rates Stifle Tech Startups, Report Says

    Economic researchers released a new report Tuesday finding that lower H-1B visa approval rates and additional visa-application restrictions significantly and directly impact the survival rate of young startups in technology-intensive industries and allow older, less productive companies to maintain market dominance.

  • January 23, 2024

    4th Circ. Unravels RV Park Win In Housing Discrimination Suit

    A Fourth Circuit panel unanimously decided Tuesday to rescind a Virginia RV park's summary judgment win in a housing discrimination suit from immigrant families who challenged the park's policy requiring residents to show proof of their legal status.

  • January 23, 2024

    House GOP Turns Up Heat On Becerra For Migrant Child Data

    The chair of the House Judiciary Committee subpoenaed the head of the U.S. Department of Health and Human Services Tuesday for answers about the Biden administration's vetting of unaccompanied children found crossing the border, accusing the agency of stonewalling the committee.

  • January 23, 2024

    Immigration Judges Ask 4th Circ. To Revive Free Speech Suit

    The National Association of Immigration Judges is asking the Fourth Circuit to revive its suit challenging a policy it claims prevents judges from publicly discussing their personal views on immigration, arguing that a federal statute doesn't prevent a Virginia federal court from hearing its case.

  • January 22, 2024

    World Cup Workers' Abuse Claims Are Misdirected, US Co. Says

    Filipino laborers who claimed they were subjected to abusive work and living conditions while helping build facilities for the 2022 FIFA World Cup in Qatar aimed their ire in the wrong direction, a U.S. construction company told a Colorado federal judge in a bid to dismiss the suit.

  • January 22, 2024

    Immigration Atty Hit With Charges Over Green Card Scheme

    The U.S. Department of Justice and the New York attorney general have charged a Bronx immigration attorney and his son with fraud, alleging they sought green cards for clients based on false claims of domestic abuse.

  • January 22, 2024

    Ex-DHS Official Wants Probation For Software Theft Case

    A former senior official with the U.S. Department of Homeland Security's watchdog asked a D.C. federal judge to spare him prison time for stealing proprietary software he helped design for the government, saying he never profited from the theft.

  • January 22, 2024

    Nearly Year-Round Labor Need Kills Fla. Farm's H-2A Bid

    A U.S. Department of Labor appeals board judge affirmed a decision Friday rejecting a Florida employer's request for temporary workers under the H-2A program, finding its need for workers is nearly year-round and it hasn't shown its request for tree farm labor is different than labor in prior applications.

  • January 22, 2024

    Farms Object To Magistrate Judge Condoning H-2A Rule

    Agricultural groups objected to a magistrate judge's recommendation to keep intact a U.S. Department of Labor rule raising the salaries of H-2A agricultural workers, telling a Florida federal judge that the magistrate judge had been "excessively" deferential to the government's arguments.

  • January 22, 2024

    Supreme Court Says Feds Can Cut Texas Border Wire

    The U.S. Supreme Court on Monday ruled that federal border agents can remove razor wire fencing installed by Texas along the Mexico border, vacating a Fifth Circuit order that the Biden administration argued led to the deaths of several migrants.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    Immigration Court Case Closures Jump 50%, New Data Shows

    Immigration judges increased their rate of completed cases by 50% in the first quarter of fiscal year 2024 over the same period last year, adjudicating nearly 200,000 cases from October through December 2023, according to data released Friday.

  • January 19, 2024

    For Immigrants, Gun Rights Debate Goes Beyond Firearms

    Last month, for the first time, a federal court found that a long-standing law banning gun possession by unauthorized immigrants violates the Second Amendment. As similar challenges play out around the country, the legal and political backdrop of the case has caught the attention of legal scholars, who see in the right to be armed a fundamental question about noncitizens’ belonging in the nation and their ability to exercise other constitutional rights.

  • January 19, 2024

    Orgs Seek Redo Of Claim Tossed In Texas Migrant Transit Suit

    Three nonprofits are urging a Texas federal court to reconsider a dismissed claim in a suit challenging a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants, saying the groups are ready to show standing to pursue the claim.

  • January 19, 2024

    DHS Denies Evading Judicial Review With EB-5 Guidance

    The U.S. Department of Homeland Security denied trying to skirt judicial review of how it's handling the EB-5 investor program, telling the D.C. Circuit that a district court had deemed its guidance as unreviewable.

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Expert Analysis

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

  • 4 Key Skills For An Effective Attorney Coaching Conversation

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    As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

  • Perspectives

    How Civilian Attorneys Can Help Veterans

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    With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

  • Series

    My Favorite Law Prof: How I Learned That Culture Shapes Law

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    U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.

  • 9 Legal Ethics Considerations In Natural Disaster Preparation

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    Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.

  • A Divided Congress May Increase Companies' Political Risks

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    If the impending midterm elections result in a divided government, companies will have to recalibrate their perceptions of political risk so that they can avoid getting caught between competing policy agendas and investigations, say Kristina Moore and Alexander Miehls at FTI Consulting.

  • Series

    My Favorite Law Prof: How I Learned To Put Law Into Practice

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    Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.

  • State AG Consumer Protection Priorities Beyond The Election

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    Even if some states flip parties in the upcoming midterm elections, bipartisanship will continue to be a cornerstone of state attorney general consumer protection efforts — including data security, public health and price-gouging enforcement — in 2023, say Paul Singer and Beth Chun at Kelley Drye.

  • What To Consider When Leaving BigLaw To Go Solo

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    Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.

  • Opinion

    A Legal Response To DeSantis Migrant Flights May Not Suffice

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    The U.S. Supreme Court's 2020 analysis in the Bridgegate case may foreshadow challenges in carrying out the legal consequences of Florida Gov. Ron DeSantis’ alleged misuse of funds while relocating Venezuelan migrants to Massachusetts, making it an issue more for voters than the courts, says Bianca Forde at Otis Elevator.

  • Opinion

    Ohio Workers' Suit Could Distort RICO And Trafficking Laws

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    An Ohio federal court case over employment contract provisions — Carmen v. Health Carousel — may dramatically expand the scope of trafficking laws and the Racketeer Influenced and Corrupt Organizations Act, which could put ordinary employment disputes under the purview of statutes meant to target organized crime and forced labor, says Noah Peters at Brewer, Attorneys & Counselors.

  • Series

    My Favorite Law Prof: How I Learned Education Never Ends

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    D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

  • Opinion

    New-Parent Attorneys Need Automatic Litigation Stays

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    To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.

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