Immigration

  • February 04, 2024

    $118B Senate Bill Proposes Sweeping Border Changes

    A group of bipartisan senators unveiled a $118 billion border security package Sunday that would usher in sweeping changes to the asylum system and boost border security measures, while providing nearly $48.5 billion in aid to Ukraine.

  • February 02, 2024

    ACLU Atty On How To Protect Civil Liberties In The AI Era

    Because artificial intelligence and algorithmic systems often operate in the shadows, there's a new need for legislation, regulation and enforcement to ensure the technology doesn't undercut civil liberties by engaging in discrimination in housing, education or employment, according to Cody Venzke, senior policy counsel for the American Civil Liberties Union.

  • February 02, 2024

    9th Circ. Revives Asylum Bid For Indian Politician's Son

    A split Ninth Circuit panel granted an Indian national and son of a Punjabi legislative assembly member another chance at asylum, faulting an immigration judge's lack of clarity about who carried the burden to show whether he could safely return to India.

  • February 02, 2024

    'Slow Lawyering' Shouldn't Punish Clients, Mich. Judge Says

    A Michigan federal judge on Friday set aside default judgments against two farming companies named alongside other farms in a suit alleging they trafficked Mexican migrant farmworkers, saying he didn't want to punish clients for their lawyers' tardy response to the case.

  • February 02, 2024

    Biden Admin Hits Back At Objections To H-2A Wage Increases

    The administration of President Joe Biden pressed a Florida federal court Friday to keep intact a new U.S. Department of Labor rule raising the salary for foreign agricultural workers, saying it supported the wage hike and the policy doesn't create an "impermissible" attractive wage.

  • February 02, 2024

    Spousal Work Permits Backed By Precedent, DC Circ. Told

    Countering an argument from ex-information technology workers that D.C. Circuit precedent dooms an Obama-era program allowing work permits for spouses of highly skilled foreign workers, the U.S. Department of Homeland Security said the court's precedent is squarely on its side.

  • February 02, 2024

    4th Circ. Backs Reliance On Asylum-Seekers' Partial Truths

    The Fourth Circuit ruled Thursday that immigration judges may rely on asylum-seekers' testimony that they only find partly truthful, instead of having to accept or deny the testimony completely.

  • February 02, 2024

    11th Circ. Sides With Chinese Citizens In Fla. Land-Buy Row

    A unanimous Eleventh Circuit panel granted two of four Chinese citizens' bids to freeze enforcement of a Florida law barring nationals of certain countries from owning land, saying they showed "a substantial likelihood of success" that the state regulation is preempted by federal law.

  • February 01, 2024

    Higher Ed Alliance Says Ending DACA Will Decimate Economy

    More than 150 universities and colleges on Thursday backed the Biden administration's quest to save the Deferred Action for Childhood Arrivals program in the Fifth Circuit, saying the program has allowed its recipients to thrive and ultimately benefit the nation's economy.

  • February 01, 2024

    DOL Says Late Argument Dooms H-2A Wage Rule Challenge

    The Biden administration urged the Fourth Circuit to reject an argument that the U.S. Department of Labor was required to consider the effects of a rule regulating H-2A wages on illegal immigration, saying the argument, attached to a challenge of the rule, came too late.

  • February 01, 2024

    Feds Say Witnesses In Family Separation Suit Are Being Harassed

    An assistant U.S. attorney offered support for the government's bid to keep secret excerpts of depositions in litigation over damages for migrant families separated during the Trump administration, saying a witness in related litigation was harassed.

  • February 01, 2024

    Biden Admin. Sanctions Israeli Settlers In West Bank

    President Joe Biden signed an executive order on Thursday imposing financial and visa restrictions on "extremist" actors in the West Bank, with the first round of sanctions being levied against four Israeli settlers found to have assaulted Palestinian civilians and Israeli activists. 

  • January 31, 2024

    Final Immigration Fee Hikes Seen As 'Tax' On Employers

    U.S. Citizenship and Immigration Services' final fee schedule imposing fee hikes for employment-based visas and a $600 fee to fund the asylum system is drawing ire from attorneys who say it amounts to a tax on talent-strapped employers.

  • January 31, 2024

    Immigration Board Rejects Another DHS Fix To Removal Notices

    The Board of Immigration Appeals rejected Wednesday yet another one of the U.S. Department of Homeland Security's efforts to retroactively fix a removal notice that was missing the time and date of the immigration hearing.

  • January 31, 2024

    Bus Co. Says NYC's $708M Suit Over Migrants Is Federal Issue

    A charter transportation company pressed a federal court to hear New York City's lawsuit seeking to hold bus companies financially responsible for migrants bused to the city, arguing the lawsuit threatened the migrants' federal rights to travel between the states.

  • January 31, 2024

    'Glad I'm Not In The House': GOP Sens. Wary Of Ousting Mayorkas

    The House Republican-led efforts to impeach U.S. Department of Homeland Security Secretary Alejandro Mayorkas advanced to the full chamber early Wednesday, but those efforts may face headwinds from unenthused Senate Republicans.

  • January 31, 2024

    4th Circ. Says Migrant Can't Tie MS-13 Extortion To US Dad

    The Fourth Circuit refuted a Salvadoran asylum-seeker's claims that MS-13 extorted him to get its hands on remittances from his American father, finding no evidence showing that gang members even knew the father was in the U.S.

  • January 30, 2024

    Biden Admin. Finalizes Immigration Fee Hikes

    U.S. Citizenship and Immigration Services on Tuesday firmed up immigration fee increases that will significantly raise the costs for employers to hire noncitizen workers, but offered some concessions in response to criticism that earlier proposed rates were too high.

  • January 30, 2024

    Final H-1B Rule Focuses Largely On Thwarting Lottery Abuse

    The U.S. Department of Homeland Security unveiled a final rule Tuesday aimed at modernizing the H-1B visa program for high-skilled foreign workers, with a highly anticipated provision to crack down on fraudulent lottery registrations making the final cut.

  • January 30, 2024

    New Report Says ICE's Digital Monitoring Of Migrants Soaring

    The number of migrants subject to digital surveillance under a U.S. Immigration and Customs Enforcement program has skyrocketed since the program's inception, according to a report released Tuesday, which revealed that figure tripled between 2021 and 2022 alone.

  • January 30, 2024

    GOP States Say Feds Can Be Sued For Asylum Policy's Costs

    A coalition of Republican-led states told a Louisiana federal judge they have standing to challenge a Biden administration rule allowing asylum officers to more quickly grant or deny asylum, saying the rule will encourage migration and strain their public funds.

  • January 30, 2024

    EB-5 Investors Can Probe Atty Accounts In Settlement Search

    Chinese investors looking to collect long-overdue settlement and sanctions judgments in a fraud case can probe the bank accounts for attorneys representing two real estate developers accused of constantly shifting their assets to avoid paying up, an Illinois federal judge said Tuesday.

  • January 29, 2024

    Biden Deal To 'Shut Down' Border Could Spur Chaos

    President Joe Biden's claim that the bipartisan Senate border security deal would give him emergency authority to shut the border down during times it is overwhelmed has alarmed immigration advocates, who say the proposal smacks of politics and will likely cause chaos.

  • January 29, 2024

    Judge Says Notice And Comment Rule Was Met For H-2A Revision

    A D.C. federal judge on Monday rejected an agriculture industry group's contention that the Biden administration skipped notice and comments before promulgating a 2022 rule that amended H-2A regulations, saying the public had been on notice about the rule since 2019.

  • January 29, 2024

    Transport Cos. Fight NYC's $708M Migrant Care Costs Bid

    A group of charter transportation companies denied allegations that they owe New York City $708 million for busing migrants from Texas at the city's expense and claimed the state statute at issue is unconstitutional after a New York federal judge set an expedited injunction briefing schedule in the case.

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Expert Analysis

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    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.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    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.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    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.

  • Proposed Immigration Fee Increases May Have A Silver Lining

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    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.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

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    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.

  • 5 Gen X Characteristics That Can Boost Legal Leadership

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    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.

  • 6 Questions For Boutique Firms Considering Mergers

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    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.

  • Immigration Considerations For Employers Planning Layoffs

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    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.

  • 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.

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