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Immigration
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January 17, 2024
US Moves Ahead With Visa-Free Travel from China To Territory
The U.S. Department of Homeland Security is on track to implement a program allowing pre-screened Chinese nationals to travel to the Commonwealth of the Northern Mariana Islands visa-free for up to 14 days, DHS said in an interim final rule.
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January 17, 2024
Texas Tells 5th Circ. Feds Not Immune In Fence 'Property' Row
Texas has urged the Fifth Circuit to block federal agents from removing concertina-wire barriers it placed along the U.S.-Mexico border, saying in its quest to permanently block removals that the state, like ordinary landowners, has a right to protect its property.
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January 17, 2024
Full 5th Circ. Vacates Order For Texas To Move River Barrier
The full Fifth Circuit on Wednesday vacated a divided panel decision requiring Texas to remove a 1,000-foot floating barrier placed in the Rio Grande to deter migrants crossing from Mexico, granting the state's request to rehear the case.
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January 17, 2024
High Court Majority Shows No Eagerness To Overturn Chevron
U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.
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January 16, 2024
6 Opinions To Read Before High Court's Chevron Arguments
The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.
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January 16, 2024
Asylum-Seekers Slam Feds' Use Of 'Flawed' App At Border
Asylum-seekers have fired back at the Biden administration's bid to end their California proposed class action challenging the government's use of a smartphone app to book appointments, arguing they've sufficiently alleged they were forced to wait "indefinitely in dangerous conditions with a flawed app as their only lifeline."
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January 16, 2024
Fake Atty Bilked Immigrant Investors Of $700K, Feds Say
A Brazilian woman is charged with posing as an immigration lawyer and defrauding her purported clients of roughly $700,000 under the guise of helping them obtain visas reserved for foreigners who invest in U.S. businesses, according to federal prosecutors.
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January 16, 2024
Marriott Says Former Foreign Intern Can't Prove Forced Labor
Marriott International Inc. has urged a Colorado federal judge to toss a Mexican citizen's proposed class action accusing the company of exploiting foreign interns for cheap labor at its St. Regis Hotel in Aspen, saying he lodged nothing but "bald accusations."
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January 16, 2024
Feds Tell Justices Texas Made Migrant Rescue 'Impossible'
The Biden administration has told the U.S. Supreme Court that recent migrant drownings in the Rio Grande only underscore the urgency of its effort to undo a Fifth Circuit order blocking federal officials from interfering with Texas' border barriers.
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January 16, 2024
Feds Say Texas Migrant Arrest Law Is Like Nixed Ariz. Law
The Biden administration has argued that a new Texas law allowing the state to arrest and deport migrants couldn't stand since the U.S. Supreme Court had struck down an Arizona immigration law for similarly intruding on the federal government's immigration authority.
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January 12, 2024
Justices' Broad Ruling Key To Settling Removal Notice Issues
The government keeps getting hauled into court, and losing, over inadequate immigration removal notices, but narrow rulings from the U.S. Supreme Court and a lack of resources may be preventing it from falling into full compliance.
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January 12, 2024
Talks Stall In Fla. Suit Over Immigrants Denied Atty Access
Settlement talks have stalled in a Florida federal lawsuit brought by the American Civil Liberties Union against Baker County Sheriff's Office members, who are accused of preventing attorneys from seeing immigrants who've been detained at a county detention center without a valid reason despite having pre-approved visits.
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January 12, 2024
Puerto Rican Soccer League Can't Stop Media Chief's Ban
A Puerto Rico federal judge Friday allowed soccer's governing body on the island to ban the head of a broadcaster from games, finding the media executive's emergency motion was insufficiently tied to an antitrust lawsuit accusing the federation of a corrupt scheme to monopolize the game and block rivals.
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January 12, 2024
Board Says Immigration Courts Can Detain People On Bail
Immigration courts that are reviewing release applications from individuals who were placed in immigration detention while released on bail don't need to defer to the judges who released them from pretrial criminal detention, the Board of Immigration Appeals said.
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January 12, 2024
Up Next At High Court: Chevron Deference, Corp. Filings
The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes.
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January 12, 2024
Justices Take Up Citizens' Rights In Spousal Visa Applications
The U.S. Supreme Court granted the Biden administration's petition on Friday to review whether the government must provide a timely detailed explanation for denying spousal visa applications and whether citizens can seek judicial review of those denials.
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January 12, 2024
High Court Eyes Chevron Deference: What You Need To Know
Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.
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January 12, 2024
ICE Agrees To Post Bond Policies Online To Settle FOIA Suit
A California federal judge approved a settlement between U.S. Immigration and Customs Enforcement and bond-funding organizations that demanded the agency post its immigration bond policies online, which ICE agreed to do as well as pay $15,000 in attorney fees.
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January 12, 2024
Texas Blocking Fed Agents From Border Areas, Justices Told
The Biden administration told the U.S. Supreme Court early Friday that Texas was blocking border agents from accessing U.S.-Mexico border areas used to monitor migrant safety, saying Texas' actions warrant nixing an injunction prohibiting agents from disturbing Texas' concertina-wire barriers.
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January 11, 2024
Separated Families Say Feds Can't Keep Depositions Secret
Migrant families separated at the border under the Trump-era federal zero-tolerance policy urged a California federal judge to publicly release the depositions of senior officials.
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January 11, 2024
Ethiopian Asylum-Seeker Sues USCIS Over 'Delayed' Process
An Ethiopian man on Thursday sued the U.S. Citizenship and Immigration Services in Texas federal court over the agency's delay in processing his now-seven-year-old asylum application, even though his daughter's application which was based on his persecution in Ethiopia was approved in two years.
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January 11, 2024
Farms Demand Look At DOL Justification For H-2A Wage Rule
Critics challenging the new wage calculations for H-2A workers have asked a North Carolina federal judge if they can look into the U.S. Department of Labor's decision-making process, saying they want a chance to prove the agency overlooked the rule's impact on illegal immigration.
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January 11, 2024
NY Man Indicted For Posing As Immigration Attorney
A New York City resident was indicted Thursday on charges alleging he masqueraded as an immigration attorney and falsely promised to assist clients with their cases when he had no license to do so.
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January 11, 2024
Biden Admin To Settle Trump-Era Migrant Separation Suit
The Biden administration and migrant families separated during the Trump era told an Arizona federal judge they have reached a tentative agreement to settle a 2019 lawsuit from the families seeking civil damages for emotional trauma.
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January 10, 2024
DHS Loses Bid To Shake Hunger Strike Retaliation Case
A New York federal judge on Wednesday refused to free the U.S. Department of Homeland Security from a lawsuit claiming it violated the rights of immigrant detainees by transferring them as punishment for a hunger strike, rejecting the government's argument that the court doesn't have jurisdiction over the dispute.
Expert Analysis
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Perspectives
How Civilian Attorneys Can Help Veterans
With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.
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Series
My Favorite Law Prof: How I Learned That Culture Shapes Law
U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.
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9 Legal Ethics Considerations In Natural Disaster Preparation
Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.
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A Divided Congress May Increase Companies' Political Risks
If the impending midterm elections result in a divided government, companies will have to recalibrate their perceptions of political risk so that they can avoid getting caught between competing policy agendas and investigations, say Kristina Moore and Alexander Miehls at FTI Consulting.
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Series
My Favorite Law Prof: How I Learned To Put Law Into Practice
Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.
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State AG Consumer Protection Priorities Beyond The Election
Even if some states flip parties in the upcoming midterm elections, bipartisanship will continue to be a cornerstone of state attorney general consumer protection efforts — including data security, public health and price-gouging enforcement — in 2023, say Paul Singer and Beth Chun at Kelley Drye.
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What To Consider When Leaving BigLaw To Go Solo
Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.
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Opinion
A Legal Response To DeSantis Migrant Flights May Not Suffice
The U.S. Supreme Court's 2020 analysis in the Bridgegate case may foreshadow challenges in carrying out the legal consequences of Florida Gov. Ron DeSantis’ alleged misuse of funds while relocating Venezuelan migrants to Massachusetts, making it an issue more for voters than the courts, says Bianca Forde at Otis Elevator.
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Opinion
Ohio Workers' Suit Could Distort RICO And Trafficking Laws
An Ohio federal court case over employment contract provisions — Carmen v. Health Carousel — may dramatically expand the scope of trafficking laws and the Racketeer Influenced and Corrupt Organizations Act, which could put ordinary employment disputes under the purview of statutes meant to target organized crime and forced labor, says Noah Peters at Brewer, Attorneys & Counselors.
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Series
My Favorite Law Prof: How I Learned Education Never Ends
D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.
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Opinion
New-Parent Attorneys Need Automatic Litigation Stays
To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.
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Associate Skills That Impress Firms In A Cooling Job Market
With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.
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High Court Could Resolve Thorny Atty-Client Privilege Issue
The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.
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Minn.'s New Common Interest Doctrine: A Primer
In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.