Immigration

  • April 23, 2024

    HHS Formalizes Flores Protections For Immigrating Minors

    The U.S. Department of Health and Human Services will increase oversight of the treatment of children in immigration custody and fund the minors' legal costs, according to a final regulation released Tuesday that adopts congressional recommendations and the bedrock Flores agreement.

  • April 23, 2024

    10th Circ. Backs Mexican Woman's Appeal Of Asylum Denial

    The Tenth Circuit on Tuesday revived the asylum bid of a woman who based her fear of returning to Mexico on her cousin's murder, saying the woman had challenged an immigration judge's ruling properly before the Board of Immigration Appeals.

  • April 23, 2024

    Justices' Doubts May Undo 9th Circ. On Spousal Visa Rights

    The right wing of the U.S. Supreme Court appeared skeptical on Tuesday that a U.S. citizen can challenge her Salvadoran husband's visa denial, but seemed disinclined to rule that she has no constitutional rights in the process either.

  • April 23, 2024

    Judge Overturns Biz's H-2B Ban, Blaming 'Gaslighting' Atty

    A U.S. Department of Labor administrative law judge overturned a decision to debar a Minnesota concessions stand company from the H-2B visa program over its failure to pay back wages and penalties, saying the small business's owner had only followed his attorney's advice — right into a legal disaster.

  • April 23, 2024

    Migrant-Hiring Crimes And Tax Evasion Get Pair Prison, $1.8M Fine

    A Florida federal judge has ordered two men to pay $1.8 million to the U.S. government and sentenced them to three years in prison after they confessed to recruiting migrants without employment authorization and failing to report workers' wages for tax purposes.

  • April 22, 2024

    Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan

    Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.

  • April 22, 2024

    Congress Urged To Fund Attys For Immigrants In Removal

    A coalition of more than 100 immigrant rights groups and several local governments urged congressional appropriators on Monday to allocate funds next fiscal year to increase legal representation for individuals in removal proceedings to protect their due process rights.

  • April 22, 2024

    Justices Reject Asylum Quest Of Man Caught In Transit Ban

    The U.S. Supreme Court turned down a Salvadoran man's petition to look at a Ninth Circuit decision that said the judiciary can't review expedited removal decisions from the executive branch, even though courts had found the Trump administration policy authorizing the man's removal to be unlawful.

  • April 22, 2024

    DC Judge Backs Feds' Power To Sanction Ex-Afghan Officials

    A D.C. federal judge shaved down a lawsuit challenging U.S. financial and immigration sanctions against two former Afghan lawmakers, stressing that the executive branch has sweeping authority to issue sanctions on individuals it finds to be corrupt.

  • April 22, 2024

    Immigration Orgs Fight Feds' Bid To Win Fee Hikes Dispute

    Nonprofit legal service providers fired back Friday against the federal government's bid to defeat the groups' lawsuit challenging Trump-era increases to immigration court fees, arguing that the government's final rule, which could raise certain fees by 700%, is arbitrary, capricious and unlawful.

  • April 19, 2024

    Feds Say Texas' Reliance On Justices In SB 4 Case Is Misplaced

    The U.S. Department of Justice told the Fifth Circuit on Friday that contrary to Texas' contention, two recent U.S. Supreme Court decisions don't knock down a district court injunction stopping Texas officials from arresting and deporting migrants suspected of crossing the border without authorization.

  • April 19, 2024

    Wrongful Detention Suit Illustrates Pitfalls Of ICE Lockups

    A Salvadoran woman's recent lawsuit alleging immigration authorities locked her up for months despite her protected status highlights how authorized immigrants, and sometimes even U.S. citizens, can wind up being wrongfully detained, and how, with no right to counsel in immigration proceedings, it can prove difficult to free them.

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    Fla. Can't Wage Real Estate War On Foreigners, 11th Circ. Told

    A group of Chinese citizens and a brokerage firm urged the Eleventh Circuit on Friday to block Florida from enforcing a law prohibiting certain foreign nationals from owning land while they challenge the statute's constitutionality, saying it's discriminatory and preempted by federal authority.

  • April 19, 2024

    Staffing Co. Can't Escape Bar On Task Order Protests

    A staffing firm can't escape the "gravitational field" of a rule restricting the U.S. Court of Federal Claims' authority to review task orders, a judge has said, ditching its challenge to being disqualified from orders reserved for women-owned small businesses.

  • April 18, 2024

    Texas Says Justices' Takings Decision Saves Its Arrest Law

    Texas has pointed the Fifth Circuit to a recent U.S. Supreme Court decision, arguing that it supports the state's bid to undo a district court injunction blocking state officials from arresting and deporting immigrants suspected of crossing the border unlawfully.

  • April 18, 2024

    BNP Paribas Can't Escape Suit Over Sudan's Rights Abuses

    A New York federal judge on Thursday largely denied BNP Paribas SA's request for an early win in a lawsuit accusing it of funding the former Sudan government's human rights violations, saying the Sudanese refugee plaintiffs have pointed to a "multitude of proofs" showing the bank's "conscious assistance" and knowledge of Sudan' genocidal acts.

  • April 18, 2024

    Weather Data Dooms Co.'s H-2B Visa Bid For Warm Months

    A U.S. Department of Labor judge rejected a concrete company's efforts to hire seasonal workers from spring to fall, pointing out that its weather data undermined claims that it was seeking workers during warm-weather months favorable to concrete work.

  • April 18, 2024

    Feds Say Texas' Asylum Fight Must Go After La. Suit Got Axed

    The Biden administration told a Texas federal judge Wednesday that the Lone Star state's lawsuit challenging a Biden administration rule broadening immigration officers' power to expedite asylum applications must be tossed in light of a recent decision in Louisiana throwing out nearly identical claims lodged by 19 Republican-led states.

  • April 18, 2024

    DHS Watchdog Finds Use Of Force Issues In Fla. ICE Facility

    Officers at a U.S. Immigration and Customs Enforcement detention facility in Miami used inappropriate force on detainees, including pepper-spraying a harmless and isolated individual through a slot in a cell door, according to a government watchdog report.

  • April 18, 2024

    Immigrant Sues USCIS Over Denial Of I-130 Bids For Children

    A naturalized U.S. citizen sued the U.S. Citizenship and Immigration Services on Wednesday, demanding the agency reverse a decision that she said improperly denied her I-130 petitions for permanent residency for her four children.

  • April 17, 2024

    Salvadoran Deported By Mistake Ends Suit Over Injuries Abroad

    A Salvadoran man who was wrongly deported by U.S. Immigration and Customs Enforcement has ended his suit over the abuse he suffered in a Salvadoran prison, after reaching a settlement with the federal government, according to Massachusetts federal court documents.

  • April 17, 2024

    Lack Of Standing Sinks GOP States' Asylum Policy Challenge

    A Louisiana federal judge dismissed Republican-led states' lawsuit attacking a Biden administration rule that facilitates the quick adjudication of asylum applications at the border, saying the states failed to link an alleged increase in asylees to increased public benefit costs.

  • April 17, 2024

    Senate Dems Make Short Work Of Mayorkas Impeachment

    Senate Democrats on Wednesday followed through on a promise to quickly dismiss articles of impeachment against U.S. Department of Homeland Security Secretary Alejandro Mayorkas, sidestepping a trial despite Republican opposition and attempts to postpone the proceedings.

  • April 17, 2024

    WashU Medical School Settles Claims Of Asylee Bias, Firing

    The Washington University School of Medicine in St. Louis has settled claims that it fired a worker who complained that he was being forced to prove he held asylum, according to the U.S. Department of Justice.

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Expert Analysis

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Tips For Student Visa Applicants Mired In Processing Delays

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    Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How A Gov't Shutdown Would Affect Immigration Processing

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    While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.

  • Opinion

    Smart Immigration Reform Can Improve Health Care Access

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    With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

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