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Immigration
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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May 08, 2024
Texas Wants Catholic Org. Barred For 'Systemic Violations'
Texas Attorney General Ken Paxton on Wednesday urged a state judge in El Paso County to enjoin Catholic nonprofit Annunciation House Inc. from operating in the state, alleging the organization has been engaging in systemic criminal conduct by illegally harboring noncitizens.
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May 08, 2024
Texas Says Asylum Rule Fight Withstands Toss Of La. Suit
Texas is urging a federal judge to preserve its challenge to a Biden administration rule broadening immigration officers' power to expedite asylum applications, saying a recent decision in Louisiana throwing out nearly identical claims has no bearing on its case.
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May 08, 2024
Legal Access Program Being Set Up For Separated Families
The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.
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May 08, 2024
Fed. Circ. Judge Troubled By Government's Visa Fraud Sting
A Federal Circuit judge on Wednesday said he was troubled by the federal government's argument that it has no liability to foreign students who paid thousands of dollars to attend a fake university the government set up to ensnare visa fraudsters.
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May 08, 2024
GOP Bill Aims To Fund Southwestern States' Border Barriers
States along the southwestern U.S.-Mexican border looking to build physical barriers or update existing ones could receive federal grants to do so under new legislation from a pair of Republican members of the House of Representatives.
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May 08, 2024
Farmworkers Union Says DOL's 2022 Rules Keep Wages Low
A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.
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May 07, 2024
2nd Circ. Weighs Border Wall Fraud Juror's Tie To Prosecution
A Colorado man convicted of scheming to defraud donors to a campaign to build a southern border wall told the Second Circuit on Tuesday that his trial was tainted by a juror's family connection to the prosecution team.
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May 07, 2024
DOJ Says Cross-Border Antitrust Trial Must Stay In Houston
Prosecutors have advised Houston's federal court against transferring a criminal case closer to the border, saying their witnesses fear testifying against defendants charged with using violence to control the cross-border sale of used vehicles and other goods in Central America.
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May 07, 2024
Feds Tell 11th Circ. Justices' Ruling Saves DHS Parole Policies
The Biden administration has urged the Eleventh Circuit to vacate separate decisions from a Florida federal judge striking down two U.S. Department of Homeland Security parole policies, saying U.S. Supreme Court precedent mandates that outcome.
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May 07, 2024
9th Circ. Revives Removal Fight Over Justices' Notice Ruling
A Honduran woman who received a notice to appear in immigration court without a time specified can resume fighting her deportation after the Ninth Circuit leaned on a U.S. Supreme Court ruling requiring all court hearing information to be on a single document.
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May 07, 2024
Fisher Phillips Adds Ex-Lyons HR GC To Employment Group
Employer-side labor and employment law firm Fisher Phillips has brought on the former general counsel and senior vice president of human resources for professional employer organization Lyons HR to its Atlanta office, strengthening its professional employer organization and staffing practice.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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CFPB, DOJ Signal Focus On Fair Lending To Immigrants
New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.