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Immigration

  • December 14, 2018

    SG Rips 'Routine' Nationwide Injunctions Of Trump Policies

    U.S. Solicitor General Noel Francisco on Thursday went after the “disturbing but accelerating trend” of trial courts striking down President Donald Trump's policies with nationwide injunctions while trying to preserve the military’s recent transgender ban in new filings to the U.S. Supreme Court.

  • December 14, 2018

    DNA Test Saves Mexican Man's Removal Case At 6th Circ.

    The Sixth Circuit on Friday found that the Board of Immigration Appeals had wrongly refused to reopen a Mexican national’s removal proceedings after evidence came out that he had another U.S.-citizen child, finding that the board had to accept the man’s earlier claims of difficulty in obtaining a paternity test.

  • December 14, 2018

    Girl's Death In Border Patrol Custody Sparks DHS OIG Inquiry

    The U.S. Department of Homeland Security's Office of Inspector General announced Friday that it would launch an investigation into a 7-year-old girl's recent death due to dehydration and exhaustion while in U.S. Customs and Border Protection custody.

  • December 14, 2018

    Trump Asylum Rule Should Be Blocked, Sens. Tell Court

    A D.C. federal court should enter an order temporarily barring the federal government from implementing President Donald Trump’s bid to strip asylum eligibility from migrants who cross the southern border outside a designated port of entry, seven Democratic U.S. senators said Thursday.

  • December 14, 2018

    9th Circ. Upholds BIA Snub Of Pakistani's Bad Counsel Claim

    The Ninth Circuit determined Thursday that it does not have the authority to review whether the Board of Immigration Appeals erred in declining to certify a Pakistani man's claim that an attorney's alleged ineffective assistance hindered his immigration case, holding that the decision is squarely within the agency's discretion.

  • December 14, 2018

    4 Biggest Illinois Decisions Of 2018

    The Illinois Supreme Court made it easier to pursue judgments against distributors in product liability suits, State Farm agreed to pay $250 million to end accusations it bought an Illinois Supreme Court judge, and the Seventh Circuit upheld Chicago's win of a nationwide injunction blocking an anti-sanctuary cities policy. Here, Law360 highlights some of the biggest Illinois decisions in 2018.

  • December 14, 2018

    African Workers Denied Cert. In Gov't Contractor Bias Suit

    A California federal judge on Friday tentatively denied a bid to certify a class of refugees from several East African countries who allege a government contractor discriminated against them because of their race, national origin and religion, finding their allegations to be too individualized.

  • December 14, 2018

    The Biggest Immigration Policy Changes Of 2018

    The Trump administration has unveiled sweeping policy changes across every immigration agency impacting student visa holders, immigrants on certain public benefits, immigration court proceedings and unauthorized border-crossers over the past year. Here, Law360 examines the major policy changes of 2018.

  • December 13, 2018

    USCIS Reaches H-2B Visa Cap for First Half of Fiscal Year

    U.S. Citizenship and Immigration Services said Wednesday that it had swiftly reached the congressionally prescribed cap of 33,000 on H-2B temporary nonagricultural visas for the first half of the 2019 fiscal year.

  • December 13, 2018

    Feds Can't Ditch Fliers' Suit Over CBP Identity Checks

    A New York federal judge on Thursday refused to trim a suit over an incident in which two U.S. Customs and Border Protection officers forced people to show ID while getting off a domestic flight, ruling the plaintiffs had plausibly alleged they were likely to encounter this "routine" search practice again in the future. 

  • December 13, 2018

    Gov't Seeks To Ax Extra-Record Info On Trump's Asylum Rule

    The Trump administration asked a California federal court Wednesday to strike extra-record evidence, including declarations and news articles, in a case over its rule stripping asylum eligibility from immigrants who cross the southern border outside of a designated port of entry.

  • December 13, 2018

    The Top Immigration Cases Of 2018

    This year, the courts were the battleground over the Trump administration's immigration policies, including the president's travel ban, the separation of noncitizen families at the border and attempts to undermine so-called sanctuary policies. Here are some of the biggest immigration cases from 2018.

  • December 13, 2018

    EB-5 Investor Sues Developer For Alleged Fla. Project Fraud

    A Russian man contended Wednesday that a Florida resident defrauded him of $500,000 and the opportunity to obtain a green card by promoting a development project through the EB-5 visa program that was never completed, according to a complaint filed in Florida federal court.

  • December 13, 2018

    5th Circ. Won't Revive Texas' Suit Over Anti-Sanctuary Law

    The Fifth Circuit on Wednesday refused to revive a preemptive lawsuit filed by the state of Texas to enforce a recently enacted statute barring so-called sanctuary policies, finding that the Texas federal court does not have jurisdiction to hear the suit.

  • December 12, 2018

    SEC Settles Fraud Claims With Developers Over EB-5 Offering

    Three Texas developers must pay over $51 million to settle securities fraud charges that they duped 90 Chinese investors into funding what they believed was a real estate project that would allow them to obtain permanent residency in the United States, the U.S. Securities and Exchange Commission announced Wednesday.

  • December 12, 2018

    H-1B Lottery Proposal Gives Attys Hope For Efficiencies

    Attorneys are cautiously optimistic that a recent U.S. Citizenship and Immigration Services proposal to revamp how the agency processes H-1B visa petitions and applicants with advanced U.S. educational degrees could promote efficiency in adjudications.

  • December 12, 2018

    Ex-Judges Urge ICE Not To Detain Immigrants In Courthouses

    U.S. Immigration and Customs Enforcement should refrain from making arrests or conducting other enforcement activities at the nation’s courthouses, 68 former state and federal judges argued Wednesday in a letter to the federal agency.

  • December 12, 2018

    NYCLU Wants Feds' Docs On Bonds For Immigrant Detainees

    A New York federal court should order the Trump administration to detail how it determines whether to recommend that detained immigrants be released on bonds, according to the New York Civil Liberties Union, which believes an algorithm change has prompted detention lengths to increase.

  • December 12, 2018

    Mass. US Atty Sees No Issue With ICE Courthouse Arrests

    Massachusetts’ top federal prosecutor said Wednesday that U.S. Immigration and Customs Enforcement agents have a right to make arrests at courthouses, weighing in on the matter after a Boston-area judge was accused of helping an undocumented immigrant escape ICE custody last week.

  • December 12, 2018

    Workplace Investigations, Arrests Up Since 2017, ICE Says

    U.S. Immigration and Customs Enforcement has been cracking down on employers suspected of hiring unauthorized immigrants, with the number of worksite investigations, internal audits and arrests jumping by 300 to 750 percent over the past fiscal year, the agency has announced.

Expert Analysis

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Insights From 2017-2018 High Court Term And What's Ahead

    Chad Eggspuehler

    Many expect the U.S. Supreme Court's new conservative majority to track rightward, while others wonder if any justices might assert a moderating influence as the new “swing vote.” The court’s recent decisions and upcoming docket provide the best clues about its trajectory, says Chad Eggspuehler of Tucker Ellis LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • Perspectives

    Blockchain Can Empower Stateless Refugees

    Amy Schmitz

    Innovative blockchain-based projects providing stateless refugees with forms of identification, digital assets and educational opportunities could change the rules for this vulnerable population, say Amy Schmitz of the University of Missouri School of Law and Jeff Aresty of Internetbar.org.

  • Congressional Forecast: December

    Layth Elhassani

    During its current lame duck session, Congress must compromise on government funding legislation or face a shutdown. It may also endeavor to move additional legislation and continue to confirm Trump administration nominees before the close of the 115th Congress later this month, says Layth Elhassani of Covington & Burling LLP.

  • Revised DOL Form Will Impact Upcoming H-1B Cap Season

    Miatrai Brown

    The U.S. Department of Labor recently issued a new edition of its Labor Condition Application — a prerequisite for the proper filing of an H-1B petition — prompting several changes that will impact future filings, says Miatrai Brown of Erickson Immigration Group.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.