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Immigration
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April 03, 2024
US Agrees To Pay Migrant $65K In Family Separation Suit
The federal government has agreed to pay $65,000 to settle the remaining claims in a suit by a Honduran migrant who was separated from his toddler under the Trump-era "zero tolerance" policy, according to a settlement agreement filed Tuesday in New York federal court.
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April 03, 2024
Diversity Visa Winners Can't Get Hold Lifted On Green Cards
A D.C. federal judge kept intact a hold on an order requiring the Biden administration to start processing green cards for 2020 diversity visa lottery winners, saying the winners didn't directly link themselves to increased conflicts in their native countries.
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April 02, 2024
Feds Want 2 Years For Culprit In Fake NASA Contracts Plot
Prosecutors urged a Virginia federal judge to sentence a Michigan man to 25 months in prison Tuesday after he admitted to defrauding investors through fake NASA contracts, seeking a sentence lighter than the guideline range because he spent eight grueling months in a Philippines detention center before he was in U.S. custody.
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April 02, 2024
Biden Urged To Allow Undocumented Immigrants To Work
Business leaders called Tuesday on President Joe Biden to use executive authority to extend work authorization to undocumented essential workers, an act they said was crucial after the Francis Scott Key Bridge collapse in Baltimore last week killed six immigrant workers.
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April 02, 2024
Food Co. Gets New Shot At H-2B Hires For Cinco De Mayo
A U.S. Department of Labor appeals board revived a food producer's bid to hire 55 foreign workers to help out with increased demand during Cinco de Mayo celebrations, saying the company clearly showed there's a production uptick during the spring through the summer.
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April 02, 2024
Security Guard Co. Settles DOJ's Immigration Bias Probe
Nationwide security guard company Securitas Security Services USA Inc. has agreed to pay $175,000 to resolve investigations into its hiring practices that the U.S. Department of Justice was conducting after it received a complaint that the firm was discriminating against non-U.S. citizens, the government announced Tuesday.
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April 02, 2024
DOJ Adds 5 Members To Immigration Appeals Board
The U.S. Department of Justice expanded its Board of Immigration Appeals, adding five jurists to its existing 23-member body to reduce the immigration courts' historic caseload.
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April 01, 2024
Fla. Judge Refuses To Pause Wage Rule For H-2A Workers
A Florida federal judge on Friday adopted a magistrate judge's recommendation to uphold a U.S. Department of Labor rule raising the wages of H-2A agricultural workers, rejecting objections from farm groups that the report was overly deferential to the government's arguments.
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April 01, 2024
Investors Group Says New EB-5 Guidance Violates APA
A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.
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April 01, 2024
Farmworker Org. Seeks Ruling On Fla. Immigrant Transport Law
Attorneys for the Farmworker Association of Florida Inc. have urged a federal judge to get a move on in deciding whether to block a Florida law that makes transporting unauthorized immigrants a crime, saying a recent Fifth Circuit decision provides the impetus.
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April 03, 2024
CORRECTED: Immigration Bond Cos. Owe $811M For Deceptive Practices
A Virginia federal judge ordered Libre by Nexus Inc., a bonding company, to fork over more than $811 million in the Consumer Financial Protection Bureau's suit alleging the company engages in predatory bonding practices targeting cash-strapped immigration detainees.
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April 01, 2024
DeSantis Ducks Mass. Suit Over Migrant Flights
A Massachusetts federal judge has released Florida Gov. Ron DeSantis and most other defendants from a proposed class suit by a group of migrants who claim they were duped into boarding flights to Martha's Vineyard, ruling that the court lacked jurisdiction.
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April 01, 2024
Immigration Atty Can't Challenge Suspension For Phone Use
An immigration attorney can't challenge her suspension before the Board of Immigration Appeals for refusing to stop using her phone in court, as a North Carolina federal judge has found the case moot because she failed to show how her reputation has continued to be harmed.
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April 01, 2024
Dems Urge Biden To Extend Immigrants' Expiring Work Docs
Seventy congressional Democrats signed off on a letter released Monday urging the Biden administration to immediately extend employment authorization for tens of thousands of immigrants who will soon lose their ability to legally work due to processing delays.
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March 29, 2024
Northern Texas Judges Won't Adopt Judge-Shopping Rule
Judges with the Northern District of Texas have opted not to make any changes to how cases are assigned, despite a recent letter from Senate Majority Leader Chuck Schumer urging the district to implement an updated policy aiming to prevent litigants from judge shopping, the district's chief judge said Friday.
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March 29, 2024
High Court SEC Case May Bear On DOJ's Immigration Probes
A highly anticipated Supreme Court decision on the constitutionality of the U.S. Securities and Exchange Commission's tribunal body could lend support to Walmart and SpaceX in immigration enforcement proceedings, and it may even have the potential to strike the foundation of immigration courts.
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March 29, 2024
Migrant's Death Had To Be Direct Shot, Ariz. Jury Hears
Jurors weighing charges that an Arizona rancher murdered a migrant who was allegedly trespassing on his property heard testimony Friday from a weapons expert who said the fatal wound had to be from a direct shot as opposed to a stray falling bullet.
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March 29, 2024
GEO Group Brass Agree To Reforms To End Derivative Suit
Shareholders who claimed executives of private prison contractor GEO Group Inc. lied about financing deals with major banks told a Florida federal judge that the company has agreed to a host of corporate reforms to end the derivative suit, which will include the appointment of a chief compliance officer.
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March 29, 2024
Bill Would Ease Native American Travel Across Canadian Border
A bipartisan bill recently introduced in the U.S. House of Representatives would simplify the process for indigenous community members to cross the U.S.-Canadian border by eliminating a blood quantum requirement and allowing them to use tribal-issued identification as proof of membership in a federally recognized tribe.
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March 29, 2024
Judge Won't Stop Immigration Fee Hikes From Taking Effect
A Colorado federal judge refused Friday to temporarily halt upcoming immigration fee hikes, saying the $5,775 increase the EB-5 investor will pay is a drop in the bucket compared to the plaintiff's $500,000 capital investment.
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March 29, 2024
Ohio School Beats Race Bias Suit Over Pandemic Layoffs
The University of Akron defeated a lawsuit alleging it targeted two finance professors for layoffs during the pandemic because one is Black and one is Asian, with an Ohio federal judge ruling Friday that the academics relied on faulty statistical analysis to back up their claims.
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March 29, 2024
Varnum Grows Practice With Corporate Immigration Pro
A Michigan law firm has picked up an immigration attorney with more than 25 years of experience helping businesses meet their immediate and long-term immigration needs.
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March 29, 2024
Slew Of Briefs To Justices Chide Feds' Spousal Visa Denial
The U.S. Supreme Court has received a flood of amicus briefs, including from federal lawmakers, former U.S. Department of Homeland Security officials and the American Bar Association, asserting that the government unconstitutionally denied a man's spousal visa application by withholding a detailed explanation.
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March 28, 2024
Ariz. Rancher Appeared 'Calm' Before Body Found, Jury Hears
A Border Patrol agent who responded to an Arizona rancher's call for help before a migrant was found dead admitted Thursday that he would expect a person who had just shot someone to be "nervous, shaken up," and the rancher was the opposite of that.
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March 28, 2024
Staffing Co. Takes $100K DOJ Deal To End Hiring Bias Claims
An information technology staffing group agreed to pay $100,000 to resolve claims that its online job advertisements discouraged and excluded asylum-seekers and refugees from applying, the U.S. Department of Justice announced.
Expert Analysis
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New Fla. Immigration Law May Have Crippling Effects
Florida's new immigration law, which went into effect on July 1, will be especially burdensome in industries where retaining adequate staff is already an issue, so employers must assess their staff and thoroughly examine their employee records to check that all documentation is valid to avoid crippling fines and loss of licenses, says Trent Cotney at Adams and Reese.
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A Blueprint For Addressing The Immigration Court Backlog
Since 2009, far more persons have been placed in removal proceedings than U.S. immigration courts could accommodate, but the government can reduce the 1.9 million-case backlog with steps that include reforming the court and the broader immigration system in a way that still prioritizes both due process and immigration enforcement, says Donald Kerwin at the Center for Migration Studies.
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How Multiagency Sanctions Enforcement Alters Compliance
Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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H-1B Registration System Is Broken But Not Beyond Repair
Recent U.S. Citizenship and Immigration Services statistics confirm that the H-1B registration system, the primary path to U.S. employment for high-skilled foreign nationals, is in dire straits, but ongoing transparency, a willingness to seek input from stakeholders and thoughtful regulatory reforms could ensure its continued viability, say attorneys at Berry Appleman.
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A Midyear Look At Expected Changes In Business Immigration
While legislative immigration reform remains a nonstarter this year, U.S. businesses and their advisers should keep an eye on agency-level regulatory efforts that are underway, which may bring significant changes to filing fees, employment verification, visa renewal processing and more, says Rami Fakhoury at Fakhoury Global.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Pugin Ruling Lowers Bar For Felony-Based Deportation
The U.S. Supreme Court's recent decision in Pugin v. Garland that an offense may constitute an obstruction of justice aggravated felony, even when an investigation or proceeding is not pending, may allow the government to seek deportation for other low-level offenses never intended to be grounds for felony-based deportation, says Peter Alfredson at Capital Area Immigrants' Rights Coalition.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment
Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.