Immigration

  • November 23, 2020

    7 National Security Names To Watch In The Biden Admin.

    President-elect Joe Biden has so far prioritized both experience and diversity in his choices for a national security team. Here are seven key people likely to take the helm in guiding U.S. foreign policy over the next four years.

  • November 23, 2020

    ​​​​​​​Amid Circuit Split, BIA Says TPS Does Not Equal Admissibility

    The Board of Immigration Appeals took sides in a deep circuit split over temporary protected status Monday when it ordered an immigration judge to resume removal proceedings against a Salvadoran man whose TPS ended in 2012.

  • November 23, 2020

    Chamber Slams Trump's H-1B Rules As 'Regulatory Ambush'

    The U.S. Chamber of Commerce urged a California federal judge on Monday to block the Trump administration's changes to H-1B temporary worker visa requirements, arguing that the proposed rule changes are a "regulatory ambush" that have nothing to do with the COVID-19 pandemic and are "drastically unfair to the public."

  • November 23, 2020

    9th Circ. Revives B&B Owner's Case Against Border Agent

    The Ninth Circuit has revived a Washington state bed and breakfast owner's lawsuit against a U.S. Customs and Border Patrol agent who allegedly shoved him to the ground and retaliated by initiating a tax investigation when the businessman complained.

  • November 23, 2020

    State Dept. To Pilot 'Visa Bond' Program To Deter Overstays

    Foreign citizens may soon have to put up thousands of dollars to secure visitor visas to the U.S. under a new pilot program, announced Monday, to crack down on visa overstays.

  • November 23, 2020

    Judge Backs Sanctions For AWOL EB-5 Fraud Suit Defendant

    A Florida federal judge recommended Monday that a son should follow in his father's footsteps by being sanctioned with the striking of his pleadings and a default judgment for violating court orders and abandoning his defense in a suit accusing him of aiding a $50 million EB-5 investment fraud.

  • November 20, 2020

    Agency Foreign-Labor Reviews To Focus On Big Contractors

    Federal agencies will be expected to focus on their biggest service contractors as part of a mandated review of the use of temporary foreign workers within the contractor workforce, according to a White House directive.

  • November 20, 2020

    Clark Hill Rips 'Whitewash Narrative' In Malpractice Case

    Clark Hill PLC has ripped into a Chinese dissident accusing the firm of using a privilege "whitewash" to withhold records concerning a 2017 cyberattack on the firm's network, telling a D.C. federal judge that its former client's failed bid to compel discovery in his $50 million malpractice suit was based on an inaccurate narrative.

  • November 20, 2020

    Dems Propose DHS Overhaul, Reining In 'Acting' Officials

    Democrats on the House Homeland Security Committee unveiled legislation Thursday that would implement wide-reaching, if modest, changes to the U.S. Department of Homeland Security, a major target for progressives during the Trump administration.

  • November 20, 2020

    Cities Tell High Court Immigrants Belong In Census Count

    Cities and counties in Illinois, Texas and California are urging the U.S. Supreme Court to uphold an order blocking a Trump administration directive to exclude unauthorized immigrants from the census count for political redistricting, saying a failure to do so would deprive the cities of crucial representation.

  • November 20, 2020

    Paralegal Admits To Stealing Immigration Firm Clients' Money

    A Los Angeles paralegal has pled guilty to defrauding clients of local immigration law firms of nearly $200,000 by pocketing their payments for legal services to bankroll her personal expenses, according to an announcement by the U.S. Department of Justice.

  • November 19, 2020

    State Dept.'s Fiancé Visa Suspensions Deemed Unlawful

    The U.S. Department of State can't suspend K-1 fiancé visa processing during the COVID-19 pandemic, a D.C. federal judge ruled on Thursday, but declined to order speedier visa adjudication for more than 150 U.S. citizens and their partners.

  • November 19, 2020

    Tata Workers Tell 9th Circ. Bad Jury Instructions Tanked Trial

    Former Tata Consultancy Services Ltd. workers have urged a Ninth Circuit panel to toss a California jury's verdict that the India-based information technology outsourcing agency did not discriminate against non-South Asian workers in the U.S., arguing Thursday that the district court gave erroneous jury instructions.

  • November 19, 2020

    DOD Denies Clearance Bias Against Naturalized Soldiers

    The Pentagon rebuffed foreign-born soldiers' claims that discrimination hampered their efforts to obtain security clearance for high-level positions, telling a Virginia federal court that naturalized and U.S.-born servicemembers' clearance requests are processed equally.

  • November 19, 2020

    Judge Blocks Policy Expanding Criminal Bars To Asylum

    A California federal judge on Thursday temporarily barred the Trump administration from imposing new restrictions that would disqualify foreigners with certain criminal convictions, including misdemeanors and immigration offenses, from winning asylum.

  • November 19, 2020

    9th Circ. Judge Pans 'Hot Mess' Of Immigration Case Law

    A Ninth Circuit judge has criticized the court's immigration jurisprudence, saying the "absurd" precedent controlling a Mexican couple's deportation case exposes the court's willingness to do whatever it takes to thwart the Board of Immigration Appeals.

  • November 19, 2020

    7th Circ. Tosses Immigration Officer's Bias Suit

    The Seventh Circuit on Thursday backed the dismissal of a longtime U.S. Citizenship and Immigration Services employee's discrimination suit, saying she hadn't shown any connection between her complaints of anti-Italian bias and her troubles at work.

  • November 19, 2020

    New Suit Fights Visa Rejections Over Blank Spaces On Forms

    Immigrant groups filed a proposed class action in California federal court Thursday challenging the U.S. immigration agency's practice of rejecting applications for asylum and other immigration protections over blank spaces on forms, even when those fields aren't applicable.

  • November 19, 2020

    Coronavirus Litigation: The Week In Review

    Governors continue to face legal battles over restrictions to curb the spread of coronavirus cases in their states, FEMA has been sued for moving forward with a disputed $48 million no-bid contract for COVID-19 testing services, and Amazon faces claims that its pandemic response disproportionately harmed workers of color. 

  • November 18, 2020

    4th Circ. Upholds Atty's Conviction For Texting In Court

    The Fourth Circuit on Wednesday upheld an immigration attorney's criminal conviction for disrupting a hearing by repeatedly refusing to stop texting, saying that immigration courts have the authority to impose criminal penalties for such behavior.

  • November 18, 2020

    NY Judge Slams Feds For 'Ignoring' Justices' DACA Revival

    A New York federal judge rebuked the Trump administration Wednesday for refusing to reinstate DACA, saying the administration was "ignoring" court orders that preserved the immigration program while trying to "run out the clock" on the president's remaining time in office.

  • November 18, 2020

    Gov't Urges High Court To Allow $3.6B Border Wall Fund Move

    The Trump administration urged the U.S. Supreme Court to overturn a ruling that the Pentagon couldn't divert $3.6 billion in defense funding for border wall construction, saying groups that challenged the projects shouldn't have been allowed to.

  • November 18, 2020

    Employers Win Class Cert. In Suit Over Denied H-1B Visas

    A California federal court granted class certification to businesses accusing the U.S. government of unlawfully rejecting market research analysts' H-1B visa petitions, but the class was winnowed down under a new policy tightening the eligibility criteria for the visas.

  • November 18, 2020

    DHS Moves To Photograph All Travelers Crossing The Borders

    The U.S. Department of Homeland Security is moving to make photographic records of all immigrants and foreign travelers entering or leaving the United States, with a proposal to end exemptions of some travelers, such as young people and diplomatic visa holders, from biometric collection.

  • November 18, 2020

    Feds Slam Tribes' Request To Halt Trump's Border Wall

    A group of federal agencies has urged the D.C. Circuit not to grant an emergency injunction blocking the Trump administration from building a border wall along federal land in California, arguing the request is "extraordinary and unwarranted."

Expert Analysis

  • What To Expect From DOJ Enforcement Under Biden

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    Companies shouldn't fear a rapid uptick in overall corporate enforcement actions by the U.S. Department of Justice under a new Democratic administration, but should anticipate a shift in focus away from immigration cases toward COVID-19-related fraud and civil rights reform, say Sandra Moser and Kenneth Polite at Morgan Lewis.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • How Biden Might Dismantle Trump-Era Regulations

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    The Biden administration will likely take swift action to undo regulatory actions from the past four years with a variety of tools, including executive orders, the Congressional Review Act and legal challenges under the Administrative Procedure Act, say attorneys at Jenner & Block.

  • Opinion

    Congress Should Take Responsibility For Immigration Reform

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    Lawmakers should stop relying on White House stopgap measures and drive systemic immigration reform by reassessing the current quota system, increasing family and employment-based visas, and creating a simplified temporary worker program to fill agricultural and skilled labor positions, says Rosanna Berardi at Berardi Immigration.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • What The Sports Industry Can Expect Under Biden

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    At the start of President-elect Joe Biden's administration, the sports industry should be prepared to comply with significant policy changes on hot-topic issues like COVID-19 management, immigration, and equality, diversity and inclusion in the workplace, says Elizabeth Polido at Morgan Lewis.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

  • What To Expect From US Trade Policy In The Biden Era

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    President-elect Joe Biden’s administration will shift focus away from transactional relationships, focusing instead on multilateralism and rebuilding relations with key allies, even if a number of Trump administration trade initiatives live on, say attorneys at Squire Patton.

  • Law Firm Biz Development Tips For The Pandemic Era

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    Jessica Starr and Monica Ulzheimer at Alston & Bird look at four areas where business development and other law firm administrative teams can take a leadership role in driving practice growth at a time when attorney interactions with clients and peers are limited.

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