Immigration

  • February 08, 2024

    Advocates Ask Garland To Nix 'Overbroad' Asylum Decision

    A coalition of 129 immigrant rights groups and university legal clinics asked Attorney General Merrick Garland on Thursday to vacate a Board of Immigration Appeals decision they contend wrongly disqualifies some noncitizens from asylum for providing material support to terrorists.

  • February 08, 2024

    DHS Can Better Explain Joint Task Force Decisions, GAO Says

    The U.S. Department of Homeland Security is missing criteria for establishing or terminating joint task forces meant to combat security concerns, including along the southern border, making it hard to determine whether a task force is needed, a report revealed.

  • February 08, 2024

    No Proof Of Off Season Sinks Carnival Vendor's H-2B Bid

    A Florida-based carnival food vendor failed to show that its business between January and November justified its request for temporary foreign workers, a U.S. Department of Labor appeals judge ruled, finding the company's documentation lacking.

  • February 08, 2024

    US Officials Must Face Refugee's Processing Delay Suit

    A Minnesota federal judge refused to toss a Somali refugee's lawsuit accusing federal officials of unreasonably delaying his quest to bring his family to the U.S. for over seven years, backing the refugee's contention that his case wasn't yet moot.

  • February 08, 2024

    Sham Marriage Dooms Man's Bid To Avoid Deportation

    The Board of Immigration Appeals rejected an Argentine man's bid to remove conditions on his permanent residence because the U.S. citizen he married said their union was fraudulent, invalidating the joint petition his appeal was based on.

  • February 07, 2024

    Asylum Limits Suit Paused For Possible Settlement

    A D.C. federal judge on Wednesday temporarily paused a suit by asylum seekers challenging a Biden administration rule limiting asylum at the southern border after the parties said they are exploring a settlement.

  • February 07, 2024

    Staffing Co. Resolves DOJ Claims Of US Citizen Hiring Bias

    A Maryland staffing and recruiting company has settled claims it violated federal immigration law by refusing to refer, recruit or hire non-U.S. citizens for a client company, the U.S. Department of Justice announced Wednesday.

  • February 07, 2024

    Board Says Facts Need Sussing In ICE, Charter Biz $64M Battle

    The U.S. Civilian Board of Contract Appeals has refused to grant summary judgment to either U.S. Immigration and Customs Enforcement or an airline charter in a $64 million fight over canceled flights, saying too many factual disputes remain in the case.

  • February 07, 2024

    Biden Admin. Must Face Suit Over Wider Asylum Powers

    A Texas federal judge has refused to toss Texas' lawsuit challenging a Biden administration rule that broadens immigration officers' power over the asylum system, saying Texas has sufficiently alleged that the rule will result in the state spending more on border security and incoming immigrants.

  • February 07, 2024

    Fox Rothschild Must Face Visa Malpractice Suit, Court Told

    Two men who claim they were scammed after hiring Fox Rothschild LLP for immigration work have asked a New Jersey federal court to reject the firm's dismissal bid, saying their racketeering suit should proceed because the firm's "culture of corruption" allegedly led to such brazen fraud that it may even merit criminal prosecution. 

  • February 07, 2024

    NY-Licensed Atty Says NC Bar Lacks Power To Disbar Him

    A New York-licensed immigration attorney has urged the North Carolina Court of Appeals to stay a disciplinary order disbarring him for embezzlement, saying the state bar can't discipline him because he's not licensed there.

  • February 07, 2024

    Farming Nonprofit Supports DOL H-2A Wage Rule At 4th Circ.

    A group of ranches and farms' argument that the new U.S. Department of Labor's rule for H-2A workers' wages would facilitate illegal immigration is speculative and the Fourth Circuit should ignore it, a nonprofit organization helping migrants and seasonal workers said.

  • February 06, 2024

    Disney Settles Job Offer Dispute Linked To Fla. LGBTQ Law

    The Walt Disney Co. told a California federal judge Tuesday that it has settled a lawsuit by a former British Petroleum executive claiming Disney withdrew a job offer after it criticized Florida's so-called Don't Say Gay law.

  • February 06, 2024

    GOP Chided For Turning On Border Policies They 'Demanded'

    Democratic lawmakers on Tuesday criticized Republicans for turning on a $118 billion border security package ahead of a Senate vote scheduled for Wednesday, with Sen. Patty Murray, D-Wash., saying Republican lawmakers were renouncing border policies they themselves insisted on.

  • February 06, 2024

    NYC Says Co. Flouted Filing Rules In Migrant Bus Row

    New York City's Department of Social Services urged a federal judge to reject a letter filed with the court by a charter transportation company that was among others sued by the city to recoup costs from absorbing migrants bused in from Texas, saying the filing was out of turn.

  • February 06, 2024

    House Fails To Impeach DHS Secretary Mayorkas

    House Republicans on Tuesday evening failed in their bid to impeach U.S. Department of Homeland Security Secretary Alejandro Mayorkas on allegations of "willful and systemic refusal to comply with the law" and "breach of public trust" for his management of the Southern border.

  • February 06, 2024

    Migrants' Suit Against Texas 'Lone Star' Border Op Tossed

    A Texas federal judge has tossed a lawsuit accusing state officials of violating the constitutional rights of migrant men who were arrested under Texas Gov. Greg Abbott's Operation Lone Star, saying the men failed to explain exactly how the officials violated their rights.

  • February 05, 2024

    Wash. Labor Dept. Says ICE Facility Operator Blocking Probes

    Washington state's labor department has alleged in a complaint moved to federal court that private prison operator GEO Secure Services LLC is illegally blocking inspectors from enforcing state workplace safety laws at an immigration detention facility.

  • February 05, 2024

    State Department Limits Visas For People Abusing Spyware

    The U.S. Department of State announced a new policy Monday restricting visas for people who use commercial spyware to surveil, harass or suppress journalists, activists and others.

  • February 05, 2024

    4th Circ. Backs 'Beyond Doubt' Rule For Green Card Applicant

    The Fourth Circuit has backed a decision by the Board of Immigration Appeals to hold a Dominican woman applying for permanent U.S. residency from within the country to the evidentiary standards used with individuals seeking to be admitted to the United States from the border. 

  • February 05, 2024

    Feds Pay $1.2M To End Suit Accusing Judge Of Lewdness

    The U.S. Department of Justice will pay $1.2 million to resolve a suit from a former staff assistant who said a California immigration judge routinely subjected her to explicit, lewd comments and once told her he would "make her straight" if they had sex.

  • February 05, 2024

    Cities, Advocacy Groups Say DACA Is Vital For US Communities

    Dozens of local governments and advocacy groups have thrown their support behind the Biden administration's appeal to save the Deferred Action for Childhood Arrivals program, telling the Fifth Circuit both families and economies will suffer if DACA dies.

  • February 04, 2024

    $118B Senate Bill Proposes Sweeping Border Changes

    A group of bipartisan senators unveiled a $118 billion border security package Sunday that would usher in sweeping changes to the asylum system and boost border security measures, while providing nearly $48.5 billion in aid to Ukraine.

  • February 02, 2024

    ACLU Atty On How To Protect Civil Liberties In The AI Era

    Because artificial intelligence and algorithmic systems often operate in the shadows, there's a new need for legislation, regulation and enforcement to ensure the technology doesn't undercut civil liberties by engaging in discrimination in housing, education or employment, according to Cody Venzke, senior policy counsel for the American Civil Liberties Union.

  • February 02, 2024

    9th Circ. Revives Asylum Bid For Indian Politician's Son

    A split Ninth Circuit panel granted an Indian national and son of a Punjabi legislative assembly member another chance at asylum, faulting an immigration judge's lack of clarity about who carried the burden to show whether he could safely return to India.

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Expert Analysis

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

  • Proposed Immigration Fee Increases May Have A Silver Lining

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    The recent proposal to increase immigration filing fees may help U.S. Citizenship and Immigration Services improve efficiency, and even the 2,050% increase in the cost of registering for the H1-B lottery may have an upside, say Rebecca Bernhard and Mike Sevilla at Dorsey & Whitney.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

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    Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 5 Gen X Characteristics That Can Boost Legal Leadership

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    As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

  • 6 Questions For Boutique Firms Considering Mergers

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    To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

  • Immigration Considerations For Employers Planning Layoffs

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    Employers facing layoffs or wage reductions should take specific steps to identify immigration-related compliance obligations, reduce the impact on foreign national employees' status and protect the company's immigration and mobility program overall, say attorneys at Quarles & Brady.

  • 5 Tips For Adding Value To Legal Clients' Experience In 2023

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    Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

  • Wage Transparency Laws Create Labor Cert. Hurdles

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    A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

  • 6 Ways To Avoid Compounding Errors When Practicing Law

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    For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

  • What Will Keep Legal Talent Professionals Up At Night In 2023

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    Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2022

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

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