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Immigration
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March 13, 2024
New Co.'s Lack Of Records Dooms Bid For H-2B Truck Drivers
A U.S. Department of Labor appeals board has upheld the denial of a transportation company's request for drivers under the H-2B visa program, ruling the company's payroll records and sales summaries did not prove a need for foreign, temporary workers.
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March 13, 2024
EB-5 Suit Says Hotel Project Tricked Non-English Speakers
A real estate investment company is facing a proposed class action in California federal court alleging it took advantage of immigrant investors' limited English by fraudulently making them agree that the company and an Embassy Suites project could keep their investments indefinitely.
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March 12, 2024
Judiciary Touts New Policy To Rein In Judge Shopping
The Judicial Conference of the United States on Tuesday said it has updated a policy on random case assignments to ensure litigants can't shop for the judge of their choice by going to a one-judge division of a district court.
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March 12, 2024
Texas' Migrant Arrest Law Faces New Suit, Now By Individuals
Texas residents and a local nonprofit on Tuesday challenged the constitutionality of a new Texas law allowing state officers to arrest and deport migrants, the same day the U.S. Supreme Court imposed a second temporary pause on the law.
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March 12, 2024
Judge Lets Feds Appeal 'Novel' Issues In Asylum Bond Suit
A Washington federal judge allowed federal immigration agencies to seek the Ninth Circuit's opinion on whether the district court can hear a class of asylum-seekers' lawsuit alleging deprivation of bond hearings, saying jurisdictional and constitutional issues in the case seem novel.
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March 12, 2024
Judge OKs Deal Ending DACA Holders' Lending Bias Suit
A California federal court gave the all-clear for a $120,000 settlement to resolve claims that a credit union unlawfully denied loans to unauthorized immigrants with Deferred Action for Childhood Arrivals status, including one of its former employees.
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March 12, 2024
Alito Again Delays Effective Date Of Texas' Migrant Arrest Law
U.S. Supreme Court Justice Samuel Alito on Tuesday again barred Texas from immediately arresting and deporting migrants under a new state law, ordering a five-day pause of a Fifth Circuit order allowing the law to take effect.
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March 11, 2024
Texas Fights Bid To Block Migrant Arrest Law At High Court
Texas on Monday urged the U.S. Supreme Court to deny the Biden administration's bid to vacate an administrative stay issued by the Fifth Circuit and allow the Lone Star State's immigration law to take effect, saying it's the first line of defense "against transnational violence" caused by the federal government's inaction.
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March 11, 2024
9th Circ. Orders 2nd Look At Zambian Woman's Asylum Bid
The Ninth Circuit on Monday revived a Zambian woman's asylum bid lodged for fear of being persecuted over her sexual orientation, saying the Board of Immigration Appeals didn't properly evaluate claims she'd previously been persecuted in Zambia for being a lesbian.
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March 11, 2024
Biden's 2025 Budget Seeks More Border Funds, Again
The White House unveiled its $7.3 trillion fiscal year 2025 budget Monday, which includes more than $62 billion for the U.S. Department of Homeland Security, some of which would fund initiatives Congress has so far rebuffed President Joe Biden on.
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March 11, 2024
Wash. Law Aimed At GEO's Migrant Facility Partially Barred
A Washington federal judge has halted the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying that a statute authorizing those actions unlawfully discriminates against GEO Group Inc., the facility's operator.
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March 11, 2024
Texas Judge Doubts Paxton's Motive For Shutting Nonprofit
An El Paso, Texas, judge on Sunday put the brakes on Texas Attorney General Ken Paxton's bid to immediately shut down a Catholic nonprofit he has accused of smuggling or harboring migrants, raising questions about Paxton's motives.
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March 08, 2024
Biden Administration Must Use Border Wall Funds, For Now
A Texas federal judge on Friday ordered the Biden administration to use funds Congress specifically designated for the Southwest border wall to continue construction, issuing a preliminary injunction and finding that Texas and Missouri could face substantial harm to their state budgets without the injunction.
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March 08, 2024
Dems Say DHS Watchdog Trying To Evade Their Oversight
House Democrats on Friday said Republican leaders must renounce the U.S. Department of Homeland Security inspector general's claim his leadership isn't being investigated, saying the watchdog head was seemingly trying to shield himself — "in vain" — by claiming to be a whistleblower.
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March 08, 2024
H-1B Season Opens With Mix Of Optimism And Apprehension
A mixed aura of optimism and uncertainty greets the new H-1B season as immigration attorneys express hope that an overhauled lottery process will help level the playing field, while concerns simultaneously loom about how impending fee increases will impact smaller companies.
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March 08, 2024
Explain Prince Harry's US Visa Records, Judge Orders DHS
A D.C. federal judge will review information concerning Prince Harry's U.S. visa records in private to decide if the federal government can withhold records a conservative think tank claims may reveal whether the British royal got special immigration treatment.
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March 08, 2024
Migrant Parole Program Survives GOP States' Challenge
A Texas-led coalition of states lost their bid to challenge a Biden administration program letting Cubans, Haitians, Nicaraguans and Venezuelans temporarily work in the U.S., after a federal judge ruled Friday they lack standing to sue over the program.
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March 08, 2024
Weather Data Revives Lumber Co.'s H-2B Visa Application
An Illinois lumber company's weather reports had helped prove it would face labor shortages during the warmer seasons, a U.S. Department of Labor judge ruled, ordering a certifying officer to revisit the company's request to hire eight seasonal workers.
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March 07, 2024
Biden Blasts 'Hidden Fees' During State Of The Union
During what could be his last State of the Union, President Joe Biden touted on Thursday night his administration's efforts to protect consumers by combating such issues as "junk fees" and price gouging.
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March 07, 2024
House Backs Migrant Detention Bill After Ga. Student Death
The U.S. House of Representatives on Thursday passed legislation that would require the federal government to take into custody undocumented migrants accused of theft, a bill that was crafted in the wake of the killing of a University of Georgia student last month.
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March 07, 2024
9th Circ. Gives Salvadoran Woman 2nd Chance At Asylum
A Ninth Circuit panel unanimously ruled that the U.S. Board of Immigration Appeals must assess the Salvadoran government's ability to protect a woman facing deportation after seeking asylum, saying the agency had only determined that the government was willing to pursue her persecutors.
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March 07, 2024
GOP States Seek To Save Biden's Asylum Limits Rule
Several Republican attorneys general said Thursday their states should get the opportunity to intervene in the Biden administration's attempt to settle a lawsuit over a rule limiting asylum, saying the rule actually helps states deal with unlawful immigration.
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March 07, 2024
9th Circ. Says Board Ignored Salvadoran's Testimony
The Ninth Circuit has ordered the Board of Immigration Appeals to reconsider whether deporting a Salvadoran mother and daughter would expose them to state-condoned gang violence, faulting the board for "entirely" failing to address evidence that local police cooperated with gang members.
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March 07, 2024
Long-Distance Truck Drivers Again Found Eligible For H-2B
An administrative law judge has revived a trucking company's bid to temporarily hire foreign drivers, saying the Office of Foreign Labor Certification's answers to frequently asked questions, which a certifying officer relied on when denying the bid, got immigration law wrong.
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March 06, 2024
8th Circ. Rejects Appeal Of Denial Of Pause In Green Card Fight
The Eighth Circuit on Tuesday unanimously rejected a challenge by a group of Indian nationals to a U.S. Citizenship and Immigration Services' refusal to issue final decisions on their status adjustment applications seeking lawful permanent residency, finding the panel lacks subject-matter jurisdiction to hear the case.
Expert Analysis
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Why The Original 'Rocket Docket' Will Likely Resume Its Pace
Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.
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The Discipline George Santos Would Face If He Were A Lawyer
Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.
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A Litigation Move That Could Conserve Discovery Resources
Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
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Navigating DOJ's Fresh Focus On Criminal Monopoly Charges
For the first time in nearly 45 years, the U.S. Department of Justice has brought criminal charges for violations of Section 2 of the Sherman Act in two very different cases, displaying a renewed willingness to level criminal charges for price-fixing or other coordination under both Sections 1 and 2, say attorneys at Foley & Lardner.
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion
Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.
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7 Tips To Increase Your Law Firm's DEI Efforts In 2023
Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.
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Series
Keys To A 9-0 High Court Win: Get Back To Home Base
When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.
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Proposed Immigration Fee Increases May Have A Silver Lining
The recent proposal to increase immigration filing fees may help U.S. Citizenship and Immigration Services improve efficiency, and even the 2,050% increase in the cost of registering for the H1-B lottery may have an upside, say Rebecca Bernhard and Mike Sevilla at Dorsey & Whitney.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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5 Gen X Characteristics That Can Boost Legal Leadership
As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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Immigration Considerations For Employers Planning Layoffs
Employers facing layoffs or wage reductions should take specific steps to identify immigration-related compliance obligations, reduce the impact on foreign national employees' status and protect the company's immigration and mobility program overall, say attorneys at Quarles & Brady.