Immigration

  • February 02, 2024

    'Slow Lawyering' Shouldn't Punish Clients, Mich. Judge Says

    A Michigan federal judge on Friday set aside default judgments against two farming companies named alongside other farms in a suit alleging they trafficked Mexican migrant farmworkers, saying he didn't want to punish clients for their lawyers' tardy response to the case.

  • February 02, 2024

    Biden Admin Hits Back At Objections To H-2A Wage Increases

    The administration of President Joe Biden pressed a Florida federal court Friday to keep intact a new U.S. Department of Labor rule raising the salary for foreign agricultural workers, saying it supported the wage hike and the policy doesn't create an "impermissible" attractive wage.

  • February 02, 2024

    Spousal Work Permits Backed By Precedent, DC Circ. Told

    Countering an argument from ex-information technology workers that D.C. Circuit precedent dooms an Obama-era program allowing work permits for spouses of highly skilled foreign workers, the U.S. Department of Homeland Security said the court's precedent is squarely on its side.

  • February 02, 2024

    4th Circ. Backs Reliance On Asylum-Seekers' Partial Truths

    The Fourth Circuit ruled Thursday that immigration judges may rely on asylum-seekers' testimony that they only find partly truthful, instead of having to accept or deny the testimony completely.

  • February 02, 2024

    11th Circ. Sides With Chinese Citizens In Fla. Land-Buy Row

    A unanimous Eleventh Circuit panel granted two of four Chinese citizens' bids to freeze enforcement of a Florida law barring nationals of certain countries from owning land, saying they showed "a substantial likelihood of success" that the state regulation is preempted by federal law.

  • February 01, 2024

    Higher Ed Alliance Says Ending DACA Will Decimate Economy

    More than 150 universities and colleges on Thursday backed the Biden administration's quest to save the Deferred Action for Childhood Arrivals program in the Fifth Circuit, saying the program has allowed its recipients to thrive and ultimately benefit the nation's economy.

  • February 01, 2024

    DOL Says Late Argument Dooms H-2A Wage Rule Challenge

    The Biden administration urged the Fourth Circuit to reject an argument that the U.S. Department of Labor was required to consider the effects of a rule regulating H-2A wages on illegal immigration, saying the argument, attached to a challenge of the rule, came too late.

  • February 01, 2024

    Feds Say Witnesses In Family Separation Suit Are Being Harassed

    An assistant U.S. attorney offered support for the government's bid to keep secret excerpts of depositions in litigation over damages for migrant families separated during the Trump administration, saying a witness in related litigation was harassed.

  • February 01, 2024

    Biden Admin. Sanctions Israeli Settlers In West Bank

    President Joe Biden signed an executive order on Thursday imposing financial and visa restrictions on "extremist" actors in the West Bank, with the first round of sanctions being levied against four Israeli settlers found to have assaulted Palestinian civilians and Israeli activists. 

  • January 31, 2024

    Final Immigration Fee Hikes Seen As 'Tax' On Employers

    U.S. Citizenship and Immigration Services' final fee schedule imposing fee hikes for employment-based visas and a $600 fee to fund the asylum system is drawing ire from attorneys who say it amounts to a tax on talent-strapped employers.

  • January 31, 2024

    Immigration Board Rejects Another DHS Fix To Removal Notices

    The Board of Immigration Appeals rejected Wednesday yet another one of the U.S. Department of Homeland Security's efforts to retroactively fix a removal notice that was missing the time and date of the immigration hearing.

  • January 31, 2024

    Bus Co. Says NYC's $708M Suit Over Migrants Is Federal Issue

    A charter transportation company pressed a federal court to hear New York City's lawsuit seeking to hold bus companies financially responsible for migrants bused to the city, arguing the lawsuit threatened the migrants' federal rights to travel between the states.

  • January 31, 2024

    'Glad I'm Not In The House': GOP Sens. Wary Of Ousting Mayorkas

    The House Republican-led efforts to impeach U.S. Department of Homeland Security Secretary Alejandro Mayorkas advanced to the full chamber early Wednesday, but those efforts may face headwinds from unenthused Senate Republicans.

  • January 31, 2024

    4th Circ. Says Migrant Can't Tie MS-13 Extortion To US Dad

    The Fourth Circuit refuted a Salvadoran asylum-seeker's claims that MS-13 extorted him to get its hands on remittances from his American father, finding no evidence showing that gang members even knew the father was in the U.S.

  • January 30, 2024

    Biden Admin. Finalizes Immigration Fee Hikes

    U.S. Citizenship and Immigration Services on Tuesday firmed up immigration fee increases that will significantly raise the costs for employers to hire noncitizen workers, but offered some concessions in response to criticism that earlier proposed rates were too high.

  • January 30, 2024

    Final H-1B Rule Focuses Largely On Thwarting Lottery Abuse

    The U.S. Department of Homeland Security unveiled a final rule Tuesday aimed at modernizing the H-1B visa program for high-skilled foreign workers, with a highly anticipated provision to crack down on fraudulent lottery registrations making the final cut.

  • January 30, 2024

    New Report Says ICE's Digital Monitoring Of Migrants Soaring

    The number of migrants subject to digital surveillance under a U.S. Immigration and Customs Enforcement program has skyrocketed since the program's inception, according to a report released Tuesday, which revealed that figure tripled between 2021 and 2022 alone.

  • January 30, 2024

    GOP States Say Feds Can Be Sued For Asylum Policy's Costs

    A coalition of Republican-led states told a Louisiana federal judge they have standing to challenge a Biden administration rule allowing asylum officers to more quickly grant or deny asylum, saying the rule will encourage migration and strain their public funds.

  • January 30, 2024

    EB-5 Investors Can Probe Atty Accounts In Settlement Search

    Chinese investors looking to collect long-overdue settlement and sanctions judgments in a fraud case can probe the bank accounts for attorneys representing two real estate developers accused of constantly shifting their assets to avoid paying up, an Illinois federal judge said Tuesday.

  • January 29, 2024

    Biden Deal To 'Shut Down' Border Could Spur Chaos

    President Joe Biden's claim that the bipartisan Senate border security deal would give him emergency authority to shut the border down during times it is overwhelmed has alarmed immigration advocates, who say the proposal smacks of politics and will likely cause chaos.

  • January 29, 2024

    Judge Says Notice And Comment Rule Was Met For H-2A Revision

    A D.C. federal judge on Monday rejected an agriculture industry group's contention that the Biden administration skipped notice and comments before promulgating a 2022 rule that amended H-2A regulations, saying the public had been on notice about the rule since 2019.

  • January 29, 2024

    Transport Cos. Fight NYC's $708M Migrant Care Costs Bid

    A group of charter transportation companies denied allegations that they owe New York City $708 million for busing migrants from Texas at the city's expense and claimed the state statute at issue is unconstitutional after a New York federal judge set an expedited injunction briefing schedule in the case.

  • January 29, 2024

    5th Circ. Stays Trial On Buoy Barrier At Border In Rio Grande

    The Fifth Circuit sided with Texas on Saturday and agreed to stay a March trial in federal court over a buoy barrier meant to prevent illegal border crossings, creating a setback for the U.S. government as it tries to argue that Texas can't create a waterway barrier without federal permission.

  • January 29, 2024

    Couple To Pay $730K To End Filipino Workers' Trafficking Case

    An Oklahoma couple has agreed to pay $730,000 to end allegations that they made false promises of fair wages to lure Filipino workers and then charged steep recruitment fees that made the workers indebted to them, according to a federal court filing.

  • January 29, 2024

    The Top Attys In Clinton's Impeachment Trial, 25 Years Later

    One of them just went to federal prison, and another famously beat a federal indictment. One has been seeking the White House, and another has been steering a BigLaw powerhouse. Each was among the two dozen attorneys who litigated President Bill Clinton's historic impeachment trial 25 years ago this month — and then saw their lives go in dramatically different directions.

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Expert Analysis

  • What 3 Legal Industry Trends From 2022 Mean For Next Year

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    Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.

  • Learning From This Year's Legal Industry Discrimination Suits

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    To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

  • Series

    The Future Of Legal Ops: AI Has Important Role To Play

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    Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.

  • 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

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    With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

  • Opinion

    Increasing Law Firm Polarization Will Degrade Rule Of Law

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    As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.

  • How To Deal With Difficult Clients, Practically And Ethically

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    Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.

  • Opinion

    Federal Courts Should Adopt Supreme Court's Amicus Stance

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    The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Digital Nomads: Key Considerations For Global Businesses

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    As employers and employees embrace remote, location-independent work arrangements enabled by technology, they must be mindful of the employment law and tax consequences such arrangements may trigger, say Hannah Wilkins and Audrey Elliott at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Employee Immigration Considerations For M&A Due Diligence

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    For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.

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