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Immigration
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September 27, 2023
Iowa Man Says DHS Detained Him Over Fake Birth Certificate
An Iowa man has urged a Florida federal court not to dismiss his lawsuit against U.S. officials for detaining him over a fake Mexican birth certificate, saying that he is unlawfully being kept in a detention program even though an immigration judge ruled the government could not prove he wasn't a citizen.
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September 27, 2023
Work Permits For Certain Immigrants Now Good For 5 Years
Employment authorizations are now valid for five years for certain immigrants, including those with refugee status, those seeking or granted asylum and those seeking or granted withholding from removal, U.S. Citizenship and Immigration Services announced Wednesday.
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September 27, 2023
Feds Argue Precedent Bars Immigrants' Enhanced-Vetting Suit
The Biden administration has asked a Washington federal judge to dismiss claims from a class of immigrants who allege that a national security program delays Muslims' benefit applications, arguing that claims related to naturalization are barred by high court precedent.
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September 27, 2023
US-Israel Visa Waiver Rule Is Anti-Palestinian, Group Says
An Arab-American organization has accused the federal government of violating the U.S. visa waiver reciprocity rule by allowing Israel to establish different classes of U.S. citizens, just as the Biden administration officially admitted the country to the program Wednesday.
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September 27, 2023
SpaceX Cites Axon To Seek Halt Of DOJ Immigrant Bias Case
SpaceX asked a Texas federal judge this week to pause the U.S. Department of Justice's underlying administrative proceeding alleging the company discriminated against refugees and asylum-seekers in its hiring practices, referencing the U.S. Supreme Court's Axon Enterprise Inc. v. FTC decision to argue the proceeding is illegitimate.
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September 27, 2023
3rd Circ. Undoes Removal Order For Bosnian's Marijuana DUI
The Third Circuit has reversed an order calling for the removal of a Bosnian immigrant based on a 2018 conviction for driving under the influence of marijuana, saying the Pennsylvania statute under which he was charged is not sufficient to find that his conviction was relating to a federally controlled substance.
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September 26, 2023
Immigration Attys Soothe Client Fears Amid Shutdown Threat
With a partial government shutdown potentially just days away unless Congress reaches a new funding deal, business immigration attorneys are scrambling to file what they can while managing their clients' fears and expectations.
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September 26, 2023
DOL Judge Won't Extend Farm's H-2A Visas For New Project
A U.S. Department of Labor judge refused to extend H-2A visas for two seasonal farmworkers, saying their sponsor hadn't shown an extension was needed for reasons related to their original visa applications.
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September 26, 2023
Ex-Border Agent Admits To Fraudulently Employing Mexicans
A former Border Patrol agent and another man have pled guilty to conspiracy to defraud the United States through a "multi-year scheme" that involved employing Mexican nationals as truck drivers in the U.S. after fraudulently helping the drivers obtain I-94 travel permits, prosecutors announced Monday.
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September 26, 2023
Sessions, Nielsen Face Deposition By Separated Families
Former Attorney General Jeff Sessions and former Homeland Security Secretary Kirstjen Nielsen will undergo questioning by families separated under the Trump-era zero-tolerance policy after a California federal judge ruled their deposition was key to understanding the policy's intent.
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September 26, 2023
NC Judge Won't Let Farms Escape New H-2A Wages Just Yet
A North Carolina federal judge refused to block the Biden administration's new wage calculations for the H-2A agricultural guest worker program, ruling Tuesday that critics of the methodology are unlikely to show the administration acted beyond its authority.
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September 26, 2023
The 2023 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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September 26, 2023
Why Law Firm ESG Is Likely Here To Stay
As backlash to institutional efforts around environmental, social and corporate governance spreads in the U.S., experts say law firms are likely to take a long-term view and continue focusing on ESG principles, even if some of the wording and messaging around those efforts may change.
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September 25, 2023
Biometrics No Longer Needed to Change Nonimmigrant Status
Biometrics will no longer be taken from most foreigners in the U.S. on nonimmigrant visas looking to extend their stay or change their non-immigrant status starting in October, U.S. Citizenship and Immigration Services announced Monday.
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September 25, 2023
Biden Admin Says It's Not Separating Families Like Trump Did
The Biden administration has responded to concerns about family units that have been split up in migrant holding facilities in the Rio Grande Valley, saying the separations differed from those that occurred during the Trump presidency, as they were only temporary measures taken to alleviate overcrowding and keep children safe.
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September 25, 2023
Watchdog Says DHS Needs Better Biometrics Strategy Plan
The inspector general for the U.S. Department of Homeland Security said in a new report that the agency lacks a strategic plan to manage its biometric capabilities across its components, with no updates to the strategy made in eight years.
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September 25, 2023
DHS Monitoring Of Its Major Systems Falls Short, OIG Says
The U.S. Department of Homeland Security and its sub-agencies should better monitor major systems they acquire once they are in use, according to DHS' internal watchdog, which found shortcomings in analyses of systems that cost $1.1 billion to run in 2021.
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September 25, 2023
Jailed Engineer Rips Quinn Emanuel, WilmerHale Legal Bill
A former Analog Devices Inc. engineer convicted of trade secrets theft slammed prosecutors' request that he cover his ex-employer's $600,000-plus legal tab with WilmerHale and Quinn Emanuel, pointing to "staggering" rates including the $1,685 per hour former acting U.S. Attorney William Weinreb billed to sit in on the monthlong trial.
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September 22, 2023
Bid To Nix ICE Doc's Subpoena Of Detainees' Lawyer Punted
A south Georgia federal court has ruled it lacks jurisdiction over a doctor's subpoena seeking to depose the lawyer representing migrant women who accuse the doctor of performing unnecessary procedures on them without consent at an Immigration and Customs Enforcement detention center, punting the motion upstate.
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September 22, 2023
Chevron Doctrine Supporters Flock To High Court In Key Case
Health groups, scientists, a labor federation, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.
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September 22, 2023
Texas Tells 5th Circ. Judge 'Imagined Evidence' In Buoy Fight
Texas told the Fifth Circuit that a preliminary injunction requiring it to move a floating barrier in the Rio Grande to the river bank wrongly relied on evidence outside the case record, some of which the Lone Star state called "false."
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September 22, 2023
Ink Maker Loses H-2B Hire Bid For Wrongly Revised Job Order
A U.S. Department of Labor appeals board has refused to revive a printer ink manufacturer's bid to temporarily hire a foreign printer technician and operator, saying Thursday that the company failed to amend a job order in the way it was asked to.
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September 22, 2023
Russian Exec Should Get 21 Mos. For Asylum Fraud, Feds Say
The co-director of an immigration assistance company should get 21 months in prison for facilitating years of asylum fraud, perjuring himself during trial and defending his conduct after his conviction, Manhattan federal prosecutors said in a filing Thursday.
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September 22, 2023
Immigration Judges' Free Speech Challenge Tossed Again
A Virginia federal judge has ruled that the National Association of Immigration Judges has standing to challenge a policy the judges say violates their right to freely discuss their immigration views in public but ultimately nixed their lawsuit, saying it belongs elsewhere.
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September 21, 2023
Protection Extended For Afghan Students, Venezuelans In US
The Biden administration said Thursday that it is extending immigration protections for Afghan students in the U.S. who are experiencing severe economic hardships due to continuous armed conflict in Afghanistan since the Taliban's takeover, acting a day after extending protection from deportation for nearly 500,000 Venezuelans.
Expert Analysis
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How A Gov't Shutdown Would Affect Immigration Processing
While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.
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Opinion
Smart Immigration Reform Can Improve Health Care Access
With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Opinion
Time To End Double Standard On Kids' Green Cards
Recent changes to the U.S. Citizenship and Immigration Services rules have helped many children qualify for green cards, but the government's failure to extend these changes to consular processing unfairly leaves out children stuck abroad who need visas to join their parents in the U.S., says Edward Ramos at Kurzban Kurzban.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Litigation Can Facilitate EB-5 Investor Visa Determinations
Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.
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3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense
The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.