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Immigration
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March 28, 2024
House To Push Impeachment Of DHS Head To Senate In April
House Speaker Mike Johnson, R-La., and 11 other House Republicans urged Senate Majority Leader Chuck Schumer, D-N.Y., to quickly schedule the impeachment trial for U.S. Department of Homeland Security Secretary Alejandro Mayorkas because the House will be sending over the articles of impeachment on April 10.
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March 28, 2024
Grading Garland: Attys Give AG Mixed Reviews 3 Years In
U.S. Attorney General Merrick Garland's name won't be on the ticket in November, but his performance three years into his tenure is a subplot in the 2024 presidential election.
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March 27, 2024
CFPB Flags False Advertising Risk For Money Transfer Firms
The Consumer Financial Protection Bureau on Wednesday cautioned international money transfer providers about how they market themselves, saying advertising services as "free" when customers are still required to pay additional fees for converting or delivering funds may violate federal law.
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March 27, 2024
Calif. Judge Decries DOJ's Broken Promises In Travel Ban Suit
A California federal judge reprimanded U.S. Department of Justice attorneys for causing delays, breaking promises and hobbling the administration of justice while granting class certification to individuals who sought waivers to former President Donald Trump's travel ban targeting mostly Muslim-majority countries.
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March 27, 2024
47 House Dems Urge Changing Trade Deal To Stem Migration
A large bloc of U.S. lawmakers has called on the Biden administration to remove what the lawmakers say is a damaging investor-state dispute settlement mechanism from the Central America-Dominican Republic Free Trade Agreement, warning federal government officials that it's a primary reason why migrants are leaving the region.
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March 27, 2024
Foreign Workers Sue Over Alleged Illegal Recruiting Scheme
An Atlanta-based building materials wholesaler and two recruitment and staffing agencies were hit with a proposed class action alleging they lured skilled Mexican engineers and technicians to the U.S. to fill manual labor positions under a temporary visa program for high-skilled workers.
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March 27, 2024
Feds Says Waivers To Fee Hikes Should Sink Legal Orgs' Suit
The Biden administration defended Trump-era increases to immigration court fees, telling a D.C. federal court that the availability of waivers should ease legal service providers' concerns that the higher fees would hinder their ability to help noncitizens fight deportation.
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March 27, 2024
Atlanta Immigration Firm Accused Of Not Paying Paralegal OT
An Atlanta immigration law firm is facing a lawsuit in Georgia federal court from a paralegal who says he was misclassified as an independent contractor and denied overtime pay, despite routinely working upward of 40 hours per week.
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March 27, 2024
Divided 5th Circ. Blocks Texas Migrant Arrest Law
A divided Fifth Circuit blocked a Texas law that would have allowed the state to arrest and deport migrants suspected of having crossed the border unlawfully, ruling in a decision released just after midnight Wednesday that federal immigration authority likely trumps state powers.
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March 26, 2024
Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl
A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.
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March 26, 2024
Feds Say Ruling Doesn't Back Court Review Of EB-5 Visa Denial
The Biden administration has countered an argument from Chinese investors that courts can review the denial of their EB-5 visas, telling the D.C. Circuit that the unrelated case that the investors are relying on involves different facts and issues.
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March 26, 2024
Ohio Health Staffing Co. Settles Visa Fraud Probe For $9.25M
An Ohio healthcare staffing company has agreed to pay a $9.25 million penalty to resolve criminal and civil investigations that the U.S. Department of Justice was conducting into its visa sponsorship program over what the firm's chief executive officer called "problematic conduct in our visa process."
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March 26, 2024
Consulting Biz Can't Show Need For 300 H-2B Workers
A U.S. Department of Labor appeals board affirmed the denial of a consulting services company's dual bids for H-2B visa workers for a controversial oil drilling project in Alaska, saying the company failed to show a need for 50 structural fitters and 250 pipe fitters.
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March 26, 2024
In Abortion Case, Gorsuch Frets 'Rash' Of National Injunctions
U.S. Supreme Court Justice Neil Gorsuch renewed his criticisms of nationwide injunctions Tuesday, saying a Texas judge's universal order limiting access to popular abortion medication mifepristone turned a potentially small legal challenge into a national debate.
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March 26, 2024
Fishery Says Request For DOL Cooperators' Names Is Fair
The federal government cannot withhold information regarding an ongoing wage theft investigation, a fishery told a Mississippi federal court, because the probe is inextricably linked with claims that the company retaliated against employees who cooperated.
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March 26, 2024
Fox Rothschild Wants Gag Order To Silence Atty's 'Bombast'
Fox Rothschild LLP has doubled down on its request for a gag order against an attorney pursuing a malpractice suit against the firm over allegedly mishandled immigration work, telling a New Jersey federal court that the attorney's "bombast and recklessness needs to end."
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March 25, 2024
Walmart Blocks DOJ Proceedings Over Immigration Records
The federal government cannot continue pursuing proceedings before the U.S. Department of Justice's Office of the Chief Administrative Hearing Officer against Walmart for alleged violations of immigration-related recordkeeping requirements, a Georgia federal judge ruled Monday, saying the office's administrative law judges unconstitutionally carry out federal law without presidential oversight.
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March 25, 2024
Wash. Asks Judge To Undo Block Of ICE Detention Center Law
Washington Gov. Jay Inslee has urged a federal judge to reconsider a recent ruling halting the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying the decision "rests on legal error."
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March 25, 2024
Ill. Atty Fights To Keep Reinstatement Dispute In DC Court
An Illinois attorney argued Monday that her lawsuit challenging the U.S. Department of Justice and its immigration component's refusal to reinstate her practice before federal immigration courts belongs in D.C. federal court, where the DOJ is based, not Virginia.
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March 25, 2024
DOJ Slammed For Backing GEO Group In Detainee Wage Fight
A group of immigrant detainees has urged the Ninth Circuit to reject the federal government's stance that a privately run detention center in Tacoma is exempt from Washington's minimum wage, saying the United States has failed to point to any conflicting federal laws.
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March 25, 2024
Kamala Harris Touts Central American Economic Investments
Vice President Kamala Harris announced Monday that the Partnership for Central America has drawn $5.2 billion in investments to boost economic opportunities and reduce migration from Honduras, El Salvador and Guatemala, with $1 billion of that marking new private-sector funding.
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March 25, 2024
DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional
The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.
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March 25, 2024
Texas Judge Extends Stay On Border Wall Funding Order
A Texas federal judge briefly extended a pause on an injunction directing the Biden administration to use funding Congress appropriated to build physical barriers on the Southwest border for that purpose, as the administration asks for clarification of the order, saying it could otherwise make it hard to build anything.
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March 22, 2024
Hostile Rancher Killed Migrant, Az. Prosecutors Tell Jury
Arizona prosecutors went to trial Friday against a borderlands rancher they allege killed a migrant trespasser after a history of hostility toward border-crossers, while the man's counsel said he properly reported finding a dead body despite his deep fear that blame could be misdirected at him.
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March 22, 2024
Watchdog Calls To Redo $896M Migrant Transport Deal
The U.S. General Services Administration must redo an $896 million contract to transport unaccompanied migrant children, after a federal watchdog determined that the deal was awarded to a company whose proposed contract lead may be unqualified to oversee the contract.
Expert Analysis
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Minimizing Discrimination Risks In Export Control Compliance
A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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EB-5 Reform Continues To Weigh Heavily On Participants
Recent U.S. Citizenship and Immigration Services guidance helps clarify aspects of the 2022 EB-5 Reform and Integrity Act, which increased oversight of EB-5 regional centers, but does not end the industry's continuing state of uncertainty, says Robert Divine at Baker Donelson.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.