Immigration

  • June 11, 2024

    Immigration Firm Says Rival Poached Workers And Stole TM

    A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase it registered a trademark for — "Arreglar sin salir!" — which translates to "fix without leaving."

  • June 10, 2024

    Permanent Residents Say Iowa Removal Law Will Ensnare Them

    Immigrant advocacy group Iowa Migrant Movement for Justice responded on Monday in Iowa federal court to the state's argument that lawful permanent residents are exempted from a law empowering officials to arrest and remove previously deported noncitizens, saying no such exception exists.

  • June 10, 2024

    Labor Shortage Can't Justify Bid For H-2B Caregivers

    A U.S. Department of Labor judge rejected a home healthcare company's efforts to use an alleged national labor shortage to push through an application to hire foreign workers, saying the company hadn't shown the labor issue was likely to end.

  • June 10, 2024

    Ohio Judge Won't Free Feds From Wife's Visa Delay Suit

    An Ohio federal magistrate refused to free the U.S. Department of State from a lawsuit challenging a delayed green card application, rejecting officials' claims that an application pushed into administrative proceedings was outside the court's purview.

  • June 10, 2024

    Migrant Cleaners Rebuff Colo. Hotel's Bid To Ditch Wage Suit

    The migrant contractor staff that cleaned a Colorado luxury hotel slammed the hotel's efforts to escape claims of underpaying its workers, telling a Colorado federal court Monday that the hotel set the terms of their employment.

  • June 10, 2024

    Texas Urges 5th Circ. To Prioritize DHS Parole Program Appeal

    Texas has urged the Fifth Circuit to expedite its bid to revive a challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying time is of the essence because the case has major implications on federal immigration policy.

  • June 07, 2024

    Fla. Urges Judge To Reconsider Block Of Immigration Law

    Florida has urged a federal judge to reconsider an order blocking a state law that criminalizes the transportation of unauthorized immigrants, saying its argument that opposing parties failed to state the law is federally preempted was never addressed by the court.

  • June 07, 2024

    Judge Doubts Ethnicity Questions Deserve Jury Bias Probe

    A Washington appellate judge pushed back Friday against a Filipino family who claimed a hospital's questions about their ethnicity at trial required a bias inquiry, noting race is "something that can't be ignored" in any courtroom filled with people who look different from one another.

  • June 07, 2024

    DC Circ. Won't Let Gov't Toss Sped-Up Timeline For Ally Visas

    The D.C. Circuit on Friday refused to terminate a plan requiring the U.S. Department of State to speed up visa processing for Iraqi and Afghan nationals, ruling that some judicial involvement is still necessary to address delays.

  • June 07, 2024

    Judge Asks Impact Of New Border Policy On CBP App Suit

    A California federal judge has asked for briefing on the impact of a new executive order on asylum seekers who enter between ports of entry on a pending lawsuit ​​​​challenging a requirement that migrants use a smartphone app to submit applications.

  • June 07, 2024

    Vehicle Repair Co. Gets New Shot At Hiring H-2B Mechanic

    A maintenance and vehicle repair company will have another chance to apply for an H-2B certification for a diesel mechanic, a U.S. Department of Labor appeals board ruled, saying that a certifying officer arbitrarily anticipated the deadline for submission.

  • June 07, 2024

    Ex-Director In NYC Mayor's Office Charged With Bank Fraud

    A former director in the New York City Mayor's Office during the Bill de Blasio administration has been indicted on charges that he schemed to defraud over a dozen banks out of about $10 million using illegitimate fraud reports to induce reimbursements.

  • June 06, 2024

    5th Circ. Presses Feds On 'Perplexing' Razor Wire Arguments

    A three-judge Fifth Circuit panel had terse words Thursday for the government's argument that the court couldn't consider new facts on Texas' use of concertina wire at the border when deciding whether to issue a new injunction preventing federal agents from removing the wire, asking how it was "supposed to even react" to that claim during oral arguments

  • June 06, 2024

    7th Circ. Says Courts Can't Help Canadian Waive 10-Year Ban

    The Seventh Circuit on Thursday said its hands were tied on getting a Canadian man a quick decision on whether he can stay in the U.S. while he seeks to waive a requirement he stay abroad for 10 years.

  • June 06, 2024

    Judge Consolidates Suits Targeting Okla. Immigration Law

    A federal judge has combined two lawsuits challenging a new Oklahoma law making it a crime for undocumented immigrants to live in the state, joining separate cases lodged by the Biden administration and a nonprofit immigrant advocacy group.

  • June 06, 2024

    Wash. Labor Dept. Wants To Back AG In ICE Inspections Suit

    The Washington state labor and health departments want to throw their support behind efforts in the Ninth Circuit by the state's governor and attorney general to defend a state law that allows surprise inspections at private immigration detention centers.

  • June 06, 2024

    'Brothel' Manager Violated Bail After $5.7M Sting, Feds Say

    A manager and bookkeeper facing federal charges connected to a COVID-19 grant and tax fraud scheme at a Connecticut strip club violated his bail conditions by showing up at the facility and "hanging out" with a potential witness, federal probation authorities have alleged.

  • June 06, 2024

    Cleaning Co. Must Undergo Assisted Recruitment For H-2B

    A U.S. Department of Labor appeals board affirmed an order requiring a cleaning and restoration company to undergo assisted recruitment until late April 2026 to hire H-2B workers, saying the company, which sought foreign janitors, failed to follow regulatory recruitment requirements.

  • June 06, 2024

    Kurzban Law Firm Launches DC Office In Farragut Square

    Kurzban Kurzban Tetzeli & Pratt PA has launched an office in Washington, D.C., and named a Mayer Brown LLP attorney who was assistant secretary of state for consular affairs as its managing partner, the firm announced Wednesday.

  • June 05, 2024

    Biden Asylum Halt Contradicts Border Wire Suit, Texas Says

    Texas tore into the U.S. Department of Homeland Security on Wednesday, saying a new executive order that halts asylum claims from immigrants who cross the border illegally directly contradicts the agency's argument before the Fifth Circuit over Texas' use of concertina wire fencing at the border.

  • June 05, 2024

    Exceptions May Help New Border Rules Survive Litigation

    The new border regime that President Joe Biden rolled out this week relies on legal provisions that courts largely barred the Trump administration from using to restrict entry, but exceptions in Biden's policy could offer insulation from adverse rulings this time.

  • June 05, 2024

    Hiring Pattern Dooms Mo. Spa's Quest For Foreign Waitstaff

    A lakeside Missouri resort and spa lost in its quest to hire 15 foreign waitstaff for its tourist season after a U.S. Department of Labor appeals board ruled the resort failed to show its need for the foreign staff was temporary.

  • June 05, 2024

    Federal Judges Facing Scrutiny For Clerk-Hiring Boycotts

    The federal judiciary must take a look at its judges' hiring practices in the wake of some jurists' public refusal to hire students from certain law schools over on-campus political activity over the Israel-Hamas war, a nonprofit government watchdog said Wednesday.

  • June 05, 2024

    7th Circ. Affirms Toss Of Mexican National's Widow Petition

    The Seventh Circuit upheld U.S. Citizenship and Immigration Services' decision to deny a Mexican woman's bid for a visa as the widow of a U.S. citizen, saying the agency properly faulted her for misrepresenting her continued relationship with her ex-husband.

  • June 04, 2024

    House DHS Budget Bill Takes Aim At Biden Priorities

    The House Appropriations Committee released a $64.8 billion funding bill for the U.S. Department of Homeland Security for next fiscal year, with a bevy of priorities and policy riders aimed at countering or undoing Biden administration immigration priorities.

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Expert Analysis

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

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