Immigration

May 15, 2024
Rio Grande Is A 'Creek,' Texas Tells 5th Circ. In Barrier Rehearing

The state of Texas told the full Fifth Circuit on Wednesday that the Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country.
May 15, 2024
Fla. Sheriff Caved To ICE Detainer On American, Atty Says

Attorneys for a Tampa-area U.S. citizen mistaken for a Jamaican national and nearly deported told a Florida federal judge Wednesday that the Monroe County sheriff lacked probable cause to arrest the man, arguing that the police agency blindly followed a federal immigration detainer without checking its accuracy.
May 15, 2024
Staffing Co. Settles Claims It Spurned Immigrant's Work Docs

A medical staffing company agreed to improve employee anti-discrimination training to resolve allegations that it fired an immigrant employee, after refusing to accept valid evidence that she could work in the U.S., the U.S. Department of Justice announced Wednesday.
May 15, 2024
US Accused Of Ditching Refugee Families Without Explanation

Three families the United Nations refugee agency referred to the U.S. for resettlement after they fled to Kenya from Congo are accusing the U.S. government of leaving them in limbo after an eleventh-hour cancellation on their move to the U.S.
May 14, 2024
Asset Manager Cops To $1.2B Venezuelan Oil Co. Fraud

An asset manager pled guilty Tuesday to one count of conspiracy to commit money laundering for his role in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company and launder it through false investment schemes in the U.S. and abroad.
May 14, 2024
4th Circ. Says Attempted Child Sex Abuse Warrants Removal

The Fourth Circuit approved the deportation of a man convicted of attempting to sexually abuse a child, ruling Tuesday that the attempted offense qualified as child abuse crime warranting removal.
May 14, 2024
Iraqis, Feds Seek Settlement OK In Deportation Row

The U.S. government and a class of Iraqi nationals fighting deportation for fear of persecution urged a Michigan federal judge to preliminarily approve a settlement reached after what they said were nearly seven years of vigorous litigation.
May 14, 2024
DOL Appeals Board Nixes Disaster Relief Provider's H-2B Bid

A U.S. Department of Labor appeals board has upheld the denial of H-2B visas for a Louisiana-based company seeking to hire foreign workers for disaster relief services, finding that the company did not show the work to be seasonal.
May 14, 2024
NY Court System Immune To Spanish-Speaker's Bias Case

The New York Unified Court System can't be sued in federal court by a Spanish speaker whose limited English language skills allegedly barred him from a program that could have reduced a drug offense's severity, the New York federal court has ruled.
May 13, 2024
Wall Fraud Conviction Affirmed Despite Juror-Prosecutor Tie

The Second Circuit on Monday affirmed the conviction of a Colorado man found to have siphoned online donations meant to fund a Southern border wall, saying the fact that a federal prosecutor had mentored a juror's daughter didn't warrant vacating the conviction.
May 13, 2024
Celebrated Irish Jockey Sues USCIS For Denying EB-1 Visa

An accomplished jockey and steeplechase champion from Ireland is suing U.S. Citizenship and Immigration Services in Pennsylvania federal court, alleging that the agency wrongly denied his 390-plus page application for an EB-1 visa because he didn't respond to a request for additional evidence despite the original petition having ample evidence to support the classification.
May 13, 2024
DOL Says Policy Disagreement Not Enough To Nix H-2A Rule

The U.S. Department of Labor rejected a group of farms' criticisms of new H-2A agricultural wages as a mere policy disagreement, telling a North Carolina federal court that the rule was appropriately enacted after taking stock of its potential financial effects.
May 13, 2024
Texas, Mo. Say Border Contractors Lack Interests To Defend

Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.
May 13, 2024
Investor Seeks Info On Visa Denied For Money Exchanger Use

A Vietnamese woman challenging U.S. Citizenship and Immigration Services' denial of her EB-5 petition hauled the agency into a D.C. federal court, accusing it of withholding information that may reveal why her use of a money exchanger doomed her petition.
May 10, 2024
Immigration Court Backlog Swells To Nearly 3.6M Cases

The number of pending deportation cases in courts across the country has swelled to almost 3.6 million as of the end of April, almost 1.3 million of which are asylum cases, while many immigrants continue to get deported without legal representation, according to a report issued by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.
May 10, 2024
Cos. Sufficiently Alleged DOL Retaliation Over Atty, Judge Says

The U.S. Department of Labor failed Friday to trim a lawsuit challenging three companies' five-year ban from the H-2B program after a Texas federal judge ruled that the companies sufficiently alleged that the department retaliated against them because of their attorney choice.
May 10, 2024
Lack Of Specificity Dooms Concrete Co.'s H-2B Worker Bid

A U.S. Department of Labor appeals board backed a department certifying officer's decision not to let a concrete solutions company temporarily hire foreign workers to supplement its staff, saying the company failed to adequately explain why it needed the workers.
May 10, 2024
Farm Gets 2nd Go At H-2A Extension After Worker's Aneurysm

A U.S. Department of Labor appeals board has revived a farm's request to extend two foreign workers' employment to finish up work that was delayed after a co-worker suffered a brain aneurysm, saying a certifying officer shouldn't have flat-out denied the extension request.
May 10, 2024
Climate Group Settles DOJ Claims It Shut Out Noncitizens

A Massachusetts-based nonprofit organization focused on climate action agreed to settle claims it discriminated against non-U.S. citizen job seekers including asylees and green-card holders by inviting only U.S. citizens to apply for jobs, the U.S. Department of Justice announced.
May 09, 2024
DHS Unveils Rule To Expedite Certain Asylum Rejections

The U.S. Department of Homeland Security has unveiled a proposed rule that would allow DHS to more quickly determine whether certain asylum-seekers pose a public or national security risk and, if so, deport them, according to an announcement made Thursday.
May 09, 2024
Chinese Tycoon In $500M Debt To Investors To Be Released

A Chinese cinema magnate who owes his investors more than $500 million will no longer be detained on immigration and campaign donor fraud charges, a New York federal court ruled Thursday.
May 09, 2024
DHS Watchdog Flags Holes In Afghan Evacuee Processing

The U.S. Department of Homeland Security's internal watchdog has found vulnerabilities in how the agency resolves potential red flags for Afghan evacuees in the U.S., including a lack of defined guidelines for Afghans who want to extend their humanitarian parole.
May 09, 2024
Iowa Immigration Law Tramples On Feds' Authority, Suits Say

The U.S. Department of Justice and a nonprofit filed separate lawsuits on Thursday challenging Iowa legislation that empowers state officials to arrest and remove noncitizens who were previously deported, arguing the statute usurps federal authority over immigration.
May 09, 2024
Visa Lottery Winners Urge DC Circ. To Finish 2-Yr-Old Review

Attorneys for thousands of diversity visa winners urged the D.C. Circuit to finish reviewing stayed orders mandating the visas' release, saying many clients are losing hope of coming to the U.S.
May 09, 2024
Designer, Hotelier Sued For Allegedly Duping EB-5 Investors

Chinese investors in a luxury California hotel for green cards lodged a potential class action Thursday against a prominent interior designer and her hotelier husband for allegedly duping backers into believing Marriott would manage the hotel.

Expert Analysis

Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
How AI Executive Order Aims To Compete For Foreign Talent

Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
Series

Performing Music Makes Me A Better Lawyer

The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
Expect CFPB Flex Over Large Nonbank Payment Cos.

A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.
Breaking Down High Court's New Code Of Conduct

The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
What New DHS Cybersecurity Policy Means For Bid Protests

The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
Opinion

Legal Profession Gender Parity Requires Equal Parental Leave

To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
Series

Writing Thriller Novels Makes Me A Better Lawyer

Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
What Lawyers Must Know About Calif. State Bar's AI Guidance

Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
Industry Must Elevate Native American Women Attys' Stories

The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
Understanding Discovery Obligations In Era Of Generative AI

Excerpt from Practical Guidance

Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
Navigating USCIS' New Minimum EB-5 Investment Period

Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.
The Case For Post-Bar Clerk Training Programs At Law Firms

In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.