Immigration

  • February 23, 2018

    USCIS Pulls 'Nation Of Immigrants' From Mission Statement

    U.S. Citizenship and Immigration Services announced Thursday that it is dropping the phrase “nation of immigrants” from the agency’s mission statement, a move it says is a reflection of its devotion to American citizens but which advocates have denounced as an anti-immigrant gesture.

  • February 23, 2018

    USCIS Adds Tighter Requirements For H-1B Visa Contractors

    Keeping with the Trump administration’s efforts to combat visa fraud, immigration attorneys said U.S. Citizenship and Immigration Services is making it harder for employers to contract out their skilled workers with H-1B visas to other companies, reacting to a policy memo released Friday. 

  • February 23, 2018

    Trump Argues Dems 'Abandoned' Dreamers, Deal May Fail

    President Donald Trump blamed Democrats for breakdowns in the recent immigration debate Friday, saying they have "abandoned" so-called Dreamers and would be responsible if no deal happens, while echoing campaign rhetoric about "criminal aliens."

  • February 23, 2018

    Feds Look To Nix Challenge To Naturalization Oath's 'God'

    The federal government pressed a Massachusetts federal court on Thursday to toss a lawsuit in which an atheist French citizen who is seeking U.S. citizenship challenges the inclusion of the phrase “so help me God” in the naturalization oath and asks to have its usage prevented in future ceremonies.

  • February 23, 2018

    Immigrants Sue Private Prison Co. Over 'Forced Labor'

    Private prison company CoreCivic Inc. was hit with a proposed class action on Thursday on behalf of immigrant detainees, alleging that CoreCivic is operating forced labor camps that violate the human rights of the detainees while it reaps profits of more than $1.5 billion annually.

  • February 23, 2018

    Immigration Judges Needn’t Warn Of Lack Of Proof: 2nd Circ.

    The Board of Immigration Appeals is entitled to deference in its determination that federal immigration law is ambiguous as to whether immigration judges are required to give asylum petitioners specific notice when their seemingly credible testimony appears to be uncorroborated with actual evidence, the Second Circuit held Friday.

  • February 23, 2018

    NY, Others Back Chicago In Sanctuary City Battle With Feds

    New York, California, 13 other states and the District of Columbia urged an Illinois federal court Thursday to deny the federal government’s bid to toss Chicago’s lawsuit challenging the Trump administration’s efforts to withhold federal public safety grant funds from so-called sanctuary cities, saying the move is unlawful.

  • February 22, 2018

    Trump 'Thinking About' Pulling ICE Out Of California

    President Donald Trump suggested Thursday he is "thinking about" removing U.S. Immigration and Customs Enforcement officers from California in response to policies instituted by the state and several of its communities that he considers provide sanctuary to those unauthorized to be in the United States.

  • February 22, 2018

    Agricultural Visa Overhaul Added To Immigration Package

    Rep. Bob Goodlatte, R-Va., is pushing for an overhaul of temporary agricultural worker visas as part of a House immigration reform package, capturing the support of the House Freedom Caucus and industry groups.

  • February 22, 2018

    USCIS Accused Of Wrongly Denying Green Cards

    Immigrants with temporary protected status on Thursday brought class claims that U.S. Citizenship and Immigration Services wrongfully denied their green card petitions on the basis that they initially entered the U.S. “without inspection.”

  • February 22, 2018

    End Of Protected Status Based On Racial Bias, Suit Says

    The Trump administration’s decision to terminate temporary protected status for immigrants from El Salvador and Haiti is unconstitutional and “tainted by racial animus,” a Boston-based immigrant advocacy group said in a lawsuit filed Thursday in Massachusetts federal court.

  • February 22, 2018

    Au Pair Co.'s Arbitration Clause Is 'One-Sided,' 10th Circ. Told

    An au pair company shouldn’t be allowed to arbitrate individual class members’ claims, au pairs told the Tenth Circuit, saying that the district court judge was right to find arbitration clauses in their contracts unenforceable.

  • February 22, 2018

    Immigration Law Allows Trump's Travel Ban, High Court Told

    The Trump administration on Thursday defended its ban on travel to the U.S. by nationals of several predominantly Muslim countries, telling the U.S. Supreme Court that the president acted at the height of his powers under federal immigration law and the U.S. Constitution.

  • February 21, 2018

    DHS Must Speed Up Travel-Ban Doc Production, Judge Says

    A D.C. federal judge on Wednesday ordered the U.S. Department of Homeland Security to pick up the pace on a Muslim advocacy group’s Freedom of Information Act request for records of border searches of electronic devices of travelers subject to President Donald Trump’s contested travel ban.

  • February 21, 2018

    CBP Wants Out Of FOIA Suit Involving Muslim, Arab Travelers

    U.S. Customs and Border Protection told a D.C. federal judge recently that it’s sufficiently responded to an Arab-American civil rights group’s request for records related to a program that expedites customs clearance for Muslim and Arab individuals, and therefore the lawsuit against it should be eliminated.

  • February 21, 2018

    NY Ramen Joint Settles National Origin Discrimination Claim

    A Manhattan ramen restaurant settled with the federal government over claims that it unlawfully discriminated against a job applicant on the basis that he was not Korean or Japanese, the U.S. Department of Justice announced Wednesday.

  • February 21, 2018

    Gorsuch Quote Shows Why Feds 'May Lose' Sentencing Case

    Justice Elena Kagan on Wednesday cited Justice Neil Gorsuch’s own words from a Tenth Circuit ruling as the U.S. Supreme Court reviewed an immigration case covering how courts should review and potentially correct sentencing errors, telling the Assistant Solicitor General arguing for the government that it "suggests why you may lose."

  • February 21, 2018

    Dreamers Shouldn't Put All Their Hopes In The High Court

    The passage of a bill to offer permanent protections for immigrants who participated in the Deferred Action for Childhood Arrivals program known as Dreamers faltered last week and all eyes have turned to the U.S. Supreme Court to step in, but even if the court takes up the case it is unlikely to offer the lasting relief these young immigrants are seeking, immigration experts told Law360.

  • February 21, 2018

    Feds’ 'Sanctuary' Funding Cut Threat Illegal, Fla. City Says

    West Palm Beach, Florida, on Wednesday urged a Florida federal court to enter an order temporarily barring the Trump administration from withholding or clawing back federal funds because of the municipality’s so-called sanctuary city policies, arguing the government’s move would violate federal laws and the U.S. Constitution.

  • February 21, 2018

    ​​​​​​​Argentine Woman Wins Removal Review At 11th Circ.

    The Eleventh Circuit ruled Tuesday that a drug trafficking conviction against an Argentine woman did not constitute an aggravated felony because the Florida narcotics statute was categorically overbroad, granting her petition for review of a Board of Immigration Appeals decision that disqualified her from cancellation of removal.

Expert Analysis

  • Insights On Immigration Reform From The McCain-Coons Bill

    Yova Borovska​​​​​​​

    Even though the immigration bill recently introduced by Sens. John McCain, R-Ariz., and Chris Coons, D-Del. — as well as other similar proposed measures — was struck down by the Senate, it is helpful to look at its contents in order to better understand the provisions that were created through a bipartisan effort and may have been favorably viewed by representatives from both parties, says Yova Borovska​​​​​​​ of Buchanan Ingersoll & Rooney.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.