Immigration

  • February 14, 2024

    Fox Rothschild Blasts 'Chicanery' Suit As Bid For 'Payday'

    Fox Rothschild LLP ripped into a malpractice lawsuit by two men alleging the firm mishandled their immigration matters as "chicanery" in pursuit of a payout from the firm and urged a New Jersey federal court to dismiss their second amended complaint with prejudice.

  • February 13, 2024

    House GOP Passes Measure To Impeach DHS Secretary

    The U.S. House of Representatives voted Tuesday in favor of impeaching Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, over claims of "willful and systemic refusal to comply with the law" and "breach of public trust" for his management of the southern border, after a failed attempt last week.

  • February 13, 2024

    3rd Circ. Says Evidence Overlooked In Somali's Torture Claims

    The Third Circuit on Tuesday revived a Somali man's deportation relief bid based on claims he'd likely be tortured for returning to Somalia from the U.S. and for belonging to a minority group, ruling that an immigration judge ignored evidence of his risks.

  • February 13, 2024

    Immigrants Seek To Certify Class Of 170,000 With Visa Delays

    A group of immigrants asked a Michigan federal judge Monday to certify a class of more than 170,000 immigrants accusing the government of mishandling its program of distributing so-called U-visas to immigrant victims of crime, arguing that the court can resolve their allegations of unreasonable delays on a classwide basis.

  • February 13, 2024

    Prior Sham Marriage Bars Immigration Bid, 4th Circ. Rules

    U.S. Citizenship and Immigration Services properly denied a Czech man's bid for lawful permanent residency status as the spouse of a U.S. citizen because his earlier marriage to another American woman was fraudulent, the Fourth Circuit ruled.

  • February 13, 2024

    11th Circ. Wants Jurisdiction Review In Migrant Release Suits

    The Eleventh Circuit on Tuesday ordered a Florida federal judge to decide if a U.S. Supreme Court decision reviving the Biden administration's immigration enforcement priorities affects the district court's authority to kill two unrelated policies on letting in migrants at the border.

  • February 13, 2024

    Senate Approves $95B Aid Bill For Ukraine, Israel

    The U.S. Senate passed a $95 billion aid package Tuesday morning after months of delay over failed border security reforms, greenlighting emergency security assistance for Ukraine, Israel and Taiwan, along with humanitarian aid for Gaza.

  • February 13, 2024

    Landscaper Loses H-2B Bid For Not Proving Extra Staff Need

    A U.S. Department of Labor judge rebuffed a Texas landscaper's efforts to temporarily hire 10 foreign workers, ruling that the firm hadn't submitted enough evidence showing it had a peakload need for extra staff.

  • February 12, 2024

    Farmworkers Union Fights Bid To Stop NY Ag Law

    The United Farm Workers urged a New York federal judge to let the union intervene in a dispute over a state law covering protections for agriculture workers, arguing an agricultural organization and family-run farms made claims that implicated the union in their suit to block the law's enforcement.

  • February 12, 2024

    Shepherd's Death Halts Round-The-Clock H-2A Pay Case

    A case on whether Nevada state law requires foreign shepherds working through the H-2A temporary visa program to be paid round-the-clock wages was put on hold Monday after the Western Range Association said the plaintiff had died.

  • February 12, 2024

    Tenn. Dept. Settles Claims It Ignored Kids' Citizenship Options

    A Tennessee federal court on Monday approved a settlement requiring Tennessee's Department of Children's Services to ensure undocumented children in its care can timely pursue legal status, resolving allegations the department irresponsibly let children age out of a special pathway to citizenship.

  • February 12, 2024

    Fla. Migrant Transport Suit Halted For Injunction Ruling

    A Florida federal judge on Sunday paused a suit by immigrant rights advocates against state officials challenging a law that makes transporting unauthorized immigrants a crime, staying the case until he decides whether to temporarily block the law.

  • February 12, 2024

    Farm Wins Bid To Change H-2A Workers' Season

    A U.S. Department of Labor appeals board judge reversed a certifying officer's denial of a Kentucky farm's H-2A application for four temporary workers, finding the farm had justifiably changed the workers' duties and therefore its period of need from previous years.

  • February 12, 2024

    Michigan Eatery Fails To Justify Need for Foreign Temp Cooks

    A U.S. Department of Labor appeals board backed a department decision denying a Michigan restaurant's bid to temporarily hire cooks from Senegal, saying the restaurant failed to show any temporary event or circumstances that would merit a bigger workforce.

  • February 09, 2024

    Immigration Backlog Slowing But Still Growing, Report Says

    New immigration court cases declined sharply in January, dropping by more than 110,000 from December, while case completions hit a record high, which a new report from the Transactional Records Access Clearinghouse suggested could signal the backlog is slowing.

  • February 09, 2024

    Feds Get Support At DC Circ. To Issue Spousal Work Permits

    Two immigration advocacy groups urged the D.C. Circuit to uphold an Obama-era program offering work permits to the spouses of highly skilled workers, calling the embattled program a lawful exercise of the executive branch's decades-old power to authorize noncitizens to work.

  • February 09, 2024

    No Need For Anonymity In Fla. Immigration Suit, Judge Rules

    A Florida federal judge denied a bid by affected individuals to proceed anonymously in their challenge to a state law making transporting unauthorized immigrants a crime, ruling the individuals' privacy concerns aren't exceptional enough to warrant anonymity.

  • February 09, 2024

    EB-5 Visa Fraud Suit Should Be Stayed, Court Hears

    A man accused of defrauding green-card hopefuls of millions of dollars through a visa program for foreign investors has asked a Florida federal court to pause claims against him while he appeals a decision refusing to send the case to arbitration.

  • February 09, 2024

    NC Court Won't Halt Immigration Atty's Disbarment

    The North Carolina Court of Appeals has declined to halt the disbarment of an immigration attorney accused of misusing client funds, over the lawyer's objections that he's licensed by the New York bar and therefore can't be disciplined by Tar Heel State watchdogs.

  • February 08, 2024

    DHS To Propose Employment Visa Updates Later This Year

    The U.S. Department of Homeland Security said Thursday it plans to propose amendments to employment-based immigration regulations later this year, and will increase flexibility for nonimmigrant employees and religious workers, according to a semiannual regulatory agenda.

  • February 08, 2024

    Texas Says New Migrant Arrest Law Mirrors Federal Law

    The state of Texas pushed back Wednesday against the Biden administration's effort to block the state's controversial new criminal law allowing the state to arrest and deport migrants, arguing that the state law "mirrors" federal law standards and can't be preempted.

  • February 08, 2024

    Advocates Ask Garland To Nix 'Overbroad' Asylum Decision

    A coalition of 129 immigrant rights groups and university legal clinics asked Attorney General Merrick Garland on Thursday to vacate a Board of Immigration Appeals decision they contend wrongly disqualifies some noncitizens from asylum for providing material support to terrorists.

  • February 08, 2024

    DHS Can Better Explain Joint Task Force Decisions, GAO Says

    The U.S. Department of Homeland Security is missing criteria for establishing or terminating joint task forces meant to combat security concerns, including along the southern border, making it hard to determine whether a task force is needed, a report revealed.

  • February 08, 2024

    No Proof Of Off Season Sinks Carnival Vendor's H-2B Bid

    A Florida-based carnival food vendor failed to show that its business between January and November justified its request for temporary foreign workers, a U.S. Department of Labor appeals judge ruled, finding the company's documentation lacking.

  • February 08, 2024

    US Officials Must Face Refugee's Processing Delay Suit

    A Minnesota federal judge refused to toss a Somali refugee's lawsuit accusing federal officials of unreasonably delaying his quest to bring his family to the U.S. for over seven years, backing the refugee's contention that his case wasn't yet moot.

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Expert Analysis

  • 5 Tips For Adding Value To Legal Clients' Experience In 2023

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    Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

  • Wage Transparency Laws Create Labor Cert. Hurdles

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    A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

  • 6 Ways To Avoid Compounding Errors When Practicing Law

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    For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

  • What Will Keep Legal Talent Professionals Up At Night In 2023

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    Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2022

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

  • What 3 Legal Industry Trends From 2022 Mean For Next Year

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    Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.

  • Learning From This Year's Legal Industry Discrimination Suits

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    To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

  • Series

    The Future Of Legal Ops: AI Has Important Role To Play

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    Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.

  • 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

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    With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

  • Opinion

    Increasing Law Firm Polarization Will Degrade Rule Of Law

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    As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.

  • How To Deal With Difficult Clients, Practically And Ethically

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    Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.

  • Opinion

    Federal Courts Should Adopt Supreme Court's Amicus Stance

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    The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

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