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Immigration
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February 08, 2024
Texas Says New Migrant Arrest Law Mirrors Federal Law
The state of Texas pushed back Wednesday against the Biden administration's effort to block the state's controversial new criminal law allowing the state to arrest and deport migrants, arguing that the state law "mirrors" federal law standards and can't be preempted.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Tips For Establishing Associational Standing
Based on recent D.C. Circuit decisions, it's no longer a foregone conclusion that trade associations and other coalitions can demonstrate standing to challenge agency actions simply by asserting their members are affected, but additional efforts to explain how members meet the standing requirements can make a difference, say attorneys at Crowell & Moring.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
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Immigration Developments For Employers To Watch
Major reform is a nonstarter with Congress divided, but changes to visa programs for skilled workers, employee verification and the Deferred Action for Childhood Arrivals program are among the significant immigration trends that will unfold in the coming months, says Eileen Lohmann at BAL.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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118th Congress: Investigative Tools And Potential Defenses
As federal lawmakers’ investigative priorities for this term become clearer, potential subjects of congressional investigations must understand the tools at Congress’ disposal, as well as their own available defenses, to effectively navigate these inquiries, say attorneys at Gibson Dunn.
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118th Congress: Investigative Priorities And Rule Changes
Attorneys at Gibson Dunn lay out what companies and individuals can expect with regard to congressional investigations in the 118th Congress, from political priorities to new rules and authorities.
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Steps Lawyers Can Take Following Involuntary Terminations
Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.
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High Court Ax Of Atty-Client Privilege Case Deepens Split
The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.