Immigration

May 14, 2024
DOL Appeals Board Nixes Disaster Relief Provider's H-2B Bid

A U.S. Department of Labor appeals board has upheld the denial of H-2B visas for a Louisiana-based company seeking to hire foreign workers for disaster relief services, finding that the company did not show the work to be seasonal.
May 14, 2024
NY Court System Immune To Spanish-Speaker's Bias Case

The New York Unified Court System can't be sued in federal court by a Spanish speaker whose limited English language skills allegedly barred him from a program that could have reduced a drug offense's severity, the New York federal court has ruled.
May 13, 2024
Wall Fraud Conviction Affirmed Despite Juror-Prosecutor Tie

The Second Circuit on Monday affirmed the conviction of a Colorado man found to have siphoned online donations meant to fund a Southern border wall, saying the fact that a federal prosecutor had mentored a juror's daughter didn't warrant vacating the conviction.
May 13, 2024
Celebrated Irish Jockey Sues USCIS For Denying EB-1 Visa

An accomplished jockey and steeplechase champion from Ireland is suing U.S. Citizenship and Immigration Services in Pennsylvania federal court, alleging that the agency wrongly denied his 390-plus page application for an EB-1 visa because he didn't respond to a request for additional evidence despite the original petition having ample evidence to support the classification.
May 13, 2024
DOL Says Policy Disagreement Not Enough To Nix H-2A Rule

The U.S. Department of Labor rejected a group of farms' criticisms of new H-2A agricultural wages as a mere policy disagreement, telling a North Carolina federal court that the rule was appropriately enacted after taking stock of its potential financial effects.
May 13, 2024
Texas, Mo. Say Border Contractors Lack Interests To Defend

Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.
May 13, 2024
Investor Seeks Info On Visa Denied For Money Exchanger Use

A Vietnamese woman challenging U.S. Citizenship and Immigration Services' denial of her EB-5 petition hauled the agency into a D.C. federal court, accusing it of withholding information that may reveal why her use of a money exchanger doomed her petition.
May 10, 2024
Immigration Court Backlog Swells To Nearly 3.6M Cases

The number of pending deportation cases in courts across the country has swelled to almost 3.6 million as of the end of April, almost 1.3 million of which are asylum cases, while many immigrants continue to get deported without legal representation, according to a report issued by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.
May 10, 2024
Cos. Sufficiently Alleged DOL Retaliation Over Atty, Judge Says

The U.S. Department of Labor failed Friday to trim a lawsuit challenging three companies' five-year ban from the H-2B program after a Texas federal judge ruled that the companies sufficiently alleged that the department retaliated against them because of their attorney choice.
May 10, 2024
Lack Of Specificity Dooms Concrete Co.'s H-2B Worker Bid

A U.S. Department of Labor appeals board backed a department certifying officer's decision not to let a concrete solutions company temporarily hire foreign workers to supplement its staff, saying the company failed to adequately explain why it needed the workers.
May 10, 2024
Farm Gets 2nd Go At H-2A Extension After Worker's Aneurysm

A U.S. Department of Labor appeals board has revived a farm's request to extend two foreign workers' employment to finish up work that was delayed after a co-worker suffered a brain aneurysm, saying a certifying officer shouldn't have flat-out denied the extension request.
May 10, 2024
Climate Group Settles DOJ Claims It Shut Out Noncitizens

A Massachusetts-based nonprofit organization focused on climate action agreed to settle claims it discriminated against non-U.S. citizen job seekers including asylees and green-card holders by inviting only U.S. citizens to apply for jobs, the U.S. Department of Justice announced.
May 09, 2024
DHS Unveils Rule To Expedite Certain Asylum Rejections

The U.S. Department of Homeland Security has unveiled a proposed rule that would allow DHS to more quickly determine whether certain asylum-seekers pose a public or national security risk and, if so, deport them, according to an announcement made Thursday.
May 09, 2024
Chinese Tycoon In $500M Debt To Investors To Be Released

A Chinese cinema magnate who owes his investors more than $500 million will no longer be detained on immigration and campaign donor fraud charges, a New York federal court ruled Thursday.
May 09, 2024
DHS Watchdog Flags Holes In Afghan Evacuee Processing

The U.S. Department of Homeland Security's internal watchdog has found vulnerabilities in how the agency resolves potential red flags for Afghan evacuees in the U.S., including a lack of defined guidelines for Afghans who want to extend their humanitarian parole.
May 09, 2024
Iowa Immigration Law Tramples On Feds' Authority, Suits Say

The U.S. Department of Justice and a nonprofit filed separate lawsuits on Thursday challenging Iowa legislation that empowers state officials to arrest and remove noncitizens who were previously deported, arguing the statute usurps federal authority over immigration.
May 09, 2024
Visa Lottery Winners Urge DC Circ. To Finish 2-Yr-Old Review

Attorneys for thousands of diversity visa winners urged the D.C. Circuit to finish reviewing stayed orders mandating the visas' release, saying many clients are losing hope of coming to the U.S.
May 09, 2024
Designer, Hotelier Sued For Allegedly Duping EB-5 Investors

Chinese investors in a luxury California hotel for green cards lodged a potential class action Thursday against a prominent interior designer and her hotelier husband for allegedly duping backers into believing Marriott would manage the hotel.
May 08, 2024
Texas Wants Catholic Org. Barred For 'Systemic Violations'

Texas Attorney General Ken Paxton on Wednesday urged a state judge in El Paso County to enjoin Catholic nonprofit Annunciation House Inc. from operating in the state, alleging the organization has been engaging in systemic criminal conduct by illegally harboring noncitizens.
May 08, 2024
Texas Says Asylum Rule Fight Withstands Toss Of La. Suit

Texas is urging a federal judge to preserve its challenge to a Biden administration rule broadening immigration officers' power to expedite asylum applications, saying a recent decision in Louisiana throwing out nearly identical claims has no bearing on its case.
May 08, 2024
Legal Access Program Being Set Up For Separated Families

The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.
May 08, 2024
Fed. Circ. Judge Troubled By Government's Visa Fraud Sting

A Federal Circuit judge on Wednesday said he was troubled by the federal government's argument that it has no liability to foreign students who paid thousands of dollars to attend a fake university the government set up to ensnare visa fraudsters.
May 08, 2024
GOP Bill Aims To Fund Southwestern States' Border Barriers

States along the southwestern U.S.-Mexican border looking to build physical barriers or update existing ones could receive federal grants to do so under new legislation from a pair of Republican members of the House of Representatives.
May 08, 2024
Farmworkers Union Says DOL's 2022 Rules Keep Wages Low

A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.
May 07, 2024
2nd Circ. Weighs Border Wall Fraud Juror's Tie To Prosecution

A Colorado man convicted of scheming to defraud donors to a campaign to build a southern border wall told the Second Circuit on Tuesday that his trial was tainted by a juror's family connection to the prosecution team.

Expert Analysis

4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
Perspectives

Immigration Detention Should Offer Universal Legal Counsel

Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
What's Ahead For Immigrant Employee Rights Enforcement

The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
How Int'l Student-Athlete Law Would Change The NIL Game

Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
How AI Executive Order Aims To Compete For Foreign Talent

Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.