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Immigration
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February 20, 2024
Permanent Need Dooms Request For H-2B Home Health Aides
A U.S. Department of Labor appeals board has upheld the rejection of a business's request to hire four home health aides under the H-2B temporary foreign worker program, determining a certifying officer did not act arbitrarily and capriciously in finding the company failed to show its need for workers was temporary.
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February 20, 2024
Lack Of Evidence Kills Biz Group's Bid To Hire Foreign Janitors
A U.S. Department of Labor appeals board shot down a Las Vegas-based Hispanic business group's bid to hire 100 foreign janitors to work during its event season, saying the group failed to hand over evidence to back its seasonal need.
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February 20, 2024
GOP Sens. Seek Full Impeachment Trial For Mayorkas
A group of Senate Republicans made the case on Tuesday that their constitutional duty compels them to hold a full impeachment trial for Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, despite reservations from other Republicans in the Democrat-led Senate.
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February 16, 2024
Texas County Says State's Migrant Arrest Law Will Raise Costs
Texas' Harris County urged a federal court to grant the Biden administration's bid to block an impending state law that would allow Texas to arrest and deport migrants, saying the law, if enforced, would lead to increased jail-related costs.
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February 16, 2024
DOL Faulted For Not Explaining Ala. Sonic's H-2B Visa Denial
A U.S. Department of Labor appeals board has given the operator of an Alabama Sonic Drive-In another chance at temporarily hiring foreign cooks to help out in warm months, ruling that a certifying officer denied an application for the H-2B visa program without a satisfactory explanation.
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February 16, 2024
Union Can't Intervene In Fight Over NY Farm Laborers Law
The United Farm Workers can't intervene in a case over a state law covering protections for agricultural workers, a New York federal judge ruled Friday, saying the union's interests in organizing and upholding the statute won't be harmed.
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February 16, 2024
House Lawmakers Unveil $66.3B Military, Border Bill
A bipartisan group of U.S. House of Representatives lawmakers introduced legislation on Friday that would provide $66.32 billion to support Ukraine, Israel and Taiwan, as well as enact border reforms.
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February 16, 2024
Green Card Approvals Sink To All Time Low
The United States' green card approval rate hit a historic low amid visa caps, with only 3% of those with pending green card applications on track to receive permanent residency in fiscal year 2024, the Cato Institute reported Thursday.
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February 15, 2024
GAO Rejects Protests Against ICE Air Charter Deal
The U.S. Government Accountability Office denied two protests related to the U.S. Immigration and Customs Enforcement solicitation for air charter services for transportation of noncitizens in federal custody, according to two decisions published Thursday.
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February 15, 2024
Texas Migrant Arrest Law Needs 'A Lot More Care,' Judge Says
A Texas federal judge Thursday seemed poised to block a controversial state law that would permit the state to arrest and deport migrants, telling attorneys for the state that the statute may lead to a patchwork of immigration law akin to "the kind of thing the Civil War said you can't do."
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February 15, 2024
HHS Watchdog Finds Lax Vetting For Migrant Kid Sponsors
The U.S. Department of Health and Human Services was lackadaisical in vetting sponsors taking custody of children who migrated to the U.S. alone and did not always do timely safety checks after their release, according to a report Thursday.
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February 15, 2024
9th Circ. Unconvinced That Theft Doesn't Warrant Removal
A Mexican man fighting deportation after he was convicted of robbery couldn't convince the Ninth Circuit that the state robbery law supporting his conviction was too broad to force his removal.
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February 15, 2024
ICE Reaches Settlement Over Mistaken Raid On Couple
The government has reached a settlement with an elderly Boston woman and the estate of her longtime partner over a mistaken 2019 U.S. Immigration and Customs Enforcement raid on their apartment by agents who had the wrong address for a suspect, according to a Thursday court filing.
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February 14, 2024
NY Judge Sends Migrant Busing Suit Back To State Court
A state court will hear the New York City social services commissioner's $708 million lawsuit seeking to hold charter companies liable for Texas' migrant busing policies, after a New York federal court ruled Wednesday that the case does not raise federal questions.
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February 14, 2024
GOP Senator Wants Confirmation Hearing On Labor Secretary
Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.
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February 14, 2024
Investors Urge Prison As Developers Seek More Briefing Time
Two real estate developers on Wednesday asked for more time to respond to EB-5 investors' request that they be imprisoned for hiding their money instead of paying overdue settlements and sanctions judgments, telling an Illinois federal judge their attorney wrote down the court's deadline incorrectly.
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February 14, 2024
House Rep. Green Plans Retirement After Mayorkas Fight
Rep. Mark Green, R-Tenn., chair of the U.S. House Committee on Homeland Security, said Wednesday evening he will not seek reelection, an announcement that comes one day after he led the impeachment of the U.S. Department of Homeland Security secretary.
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February 14, 2024
DHS Warns Of Reduced Operations With Budget Shortfall
The U.S. Department of Homeland Security is warning it may have to pare back border security initiatives and removal procedures, while green card and asylum backlogs worsen, if Congress doesn't provide additional funding, per a Wednesday email to Law360.
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February 14, 2024
Va. Farms Settle H-2A Workers' Allegations Of OT Violations
A wage dispute lodged by two Mexican farmworkers who accused a Virginia agricultural association and two farms of cheating them and other temporary agricultural workers out of over $2.5 million in overtime pay is now settled, the parties said Wednesday.
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February 14, 2024
Deputy AG Warns Of Harsher Penalties For Crimes Aided By AI
Deputy Attorney General Lisa Monaco on Wednesday said the U.S. Department of Justice will seek harsher penalties for crimes committed with the aid of artificial intelligence, calling the technology a "double-edged sword" that can be exploited by criminals but utilized by prosecutors with the right controls in place.
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February 14, 2024
DOL Extends Deadline For Input On Foreign Worker Jobs
The U.S. Department of Labor said Wednesday that it is giving the public more time to provide comments on its plan to expand its list of occupations eligible for employment-based green cards based on domestic worker shortages.
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February 14, 2024
NY Immigrant Settles Green Card Case Alleging Atty Fraud
A New York resident has reached an agreement with several immigration officials concerning the denial of his green card application on fraud grounds, which he blamed on a consultancy firm and a disbarred attorney, according to a stipulation of dismissal filed in New York federal court.
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February 14, 2024
Fox Rothschild Blasts 'Chicanery' Suit As Bid For 'Payday'
Fox Rothschild LLP ripped into a malpractice lawsuit by two men alleging the firm mishandled their immigration matters as "chicanery" in pursuit of a payout from the firm and urged a New Jersey federal court to dismiss their second amended complaint with prejudice.
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February 13, 2024
House GOP Passes Measure To Impeach DHS Secretary
The U.S. House of Representatives voted Tuesday in favor of impeaching Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, over claims of "willful and systemic refusal to comply with the law" and "breach of public trust" for his management of the southern border, after a failed attempt last week.
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February 13, 2024
3rd Circ. Says Evidence Overlooked In Somali's Torture Claims
The Third Circuit on Tuesday revived a Somali man's deportation relief bid based on claims he'd likely be tortured for returning to Somalia from the U.S. and for belonging to a minority group, ruling that an immigration judge ignored evidence of his risks.
Expert Analysis
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Opinion
Student Visas Should Allow Int'l Athletes' NIL Opportunities
The U.S. Department of Homeland Security should heed a recent request by U.S. Sens. Richard Blumenthal and Chris Murphy, Democrats from Connecticut, for changes to visa regulations that would allow foreign student athletes to take full advantage of name, image and likeness opportunities without jeopardizing their immigration status, say Gabriel Castro and Tiffany Derentz at Berry Appleman.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Using International Arb. To Settle Cannabis Industry Disputes
As cannabis legalization continues in the U.S. and other countries, overseas investors and business owners should consider international arbitration for dispute resolution and assess the enforceability of relevant treaties and arbitration provisions, says Ramsey Schultz at Duane Morris.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Employment-Related Litigation Risks Facing Hospitality Cos.
A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.