Immigration

  • October 18, 2017

    Cuban Ballplayer Smuggler Wants Feds' Visa Records

    A Florida sports trainer awaiting sentencing for smuggling Cuban baseball players into the U.S. on Tuesday asked a federal judge to force the government to hand over visa records for 20 other players granted entry since his conviction, saying they followed a similar path to the country and prove a lack of fraud on his part.

  • October 18, 2017

    Trump Ordered By NY, Calif. Courts To Provide DACA Docs

    Federal judges in California and New York on Tuesday ordered the Trump administration to produce a broad range of internal documents detailing how the government reached the conclusion last month to phase out the Deferred Action for Childhood Arrivals program.

  • October 18, 2017

    Sessions Defends Trump Admin On Immigration At Senate

    Attorney General Jeff Sessions hailed the administration’s halt of the Deferred Action for Childhood Arrivals program, its defense of the travel ban and other administration actions Wednesday, telling a Senate panel Congress should go further to “end the lawlessness” nationwide.

  • October 17, 2017

    States Sue Trump Admin. Over Immigration Records Request

    Nine states and the District of Columbia sued the U.S. Department of Homeland Security in Massachusetts federal court on Tuesday, claiming it had failed to respond to a records request regarding detentions and the Deferred Action for Childhood Arrivals program within the proper time frame.

  • October 17, 2017

    Driver Reverses Not-Guilty Plea In Fatal Immigrant Smuggling

    The driver of a tractor-trailer in which 10 unauthorized immigrants died after being locked inside in extreme heat changed course Monday after entering into an agreement with the federal government and rescinded a not-guilty plea he had entered to the human smuggling charges in August.

  • October 17, 2017

    8th Circ. Finds Kenyan Immigrant's Marriage Was Fraudulent

    An immigration judge correctly ordered a Kenyan native to be deported and be barred for life from receiving any immigration benefits from the U.S. after the federal government established that the man entered into a fake marriage so he could adjust his legal status, the Eighth Circuit held Tuesday.

  • October 17, 2017

    Immigration Cop Wants To Quadruple Workplace Enforcement

    The acting director of U.S. Immigration and Customs Enforcement said Tuesday he has given instructions to ramp up immigration enforcement at workplaces by four to five times current levels, reversing a slowdown that took place toward the end of President Barack Obama’s tenure.

  • October 17, 2017

    Judge Mostly Blocks Trump's 3rd Travel Ban

    A Hawaii federal judge on Tuesday largely blocked the Trump administration’s third travel ban, issuing the order shortly before some of the restrictions were set to take effect, but a representative for the Justice Department has already promised to appeal it.

  • October 16, 2017

    Gov't Hits Back At VC Group In Foreign Entrepreneur Row

    The federal government fired back in a D.C. federal court case over the delay of a rule for foreign entrepreneurs, claiming that a venture capital group and other plaintiffs don’t have standing to bring suit.

  • October 16, 2017

    Judge Leaves Travel Ban Challengers Guessing After Hearing

    The Maryland federal judge who will decide whether to stop President Donald Trump’s third and latest travel ban from going into effect this week gave no hints whether he plans to do so at a preliminary injunction hearing Monday, grilling attorneys from both immigrants challenging the ban and the Department of Justice with targeted legal questions.

  • October 16, 2017

    Trump Fights Hawaii's Bid For Temporary Halt To Travel Ban

    The Trump administration fought back Saturday against a bid by the state of Hawaii to pause the federal government’s latest attempt to install a travel ban against nationals of several countries, asserting that arguments that the move is based on animosity toward Muslims fall flat.

  • October 16, 2017

    Texas Cities Denounce Anti-Sanctuary City Law At 5th Circ.

    In three separate briefs filed with the Fifth Circuit Friday, some of Texas’ largest cities voiced their opposition to a state statute that bars so-called sanctuary city policies, attacking it as an unconstitutional restriction of free speech and a violation of due process and the Fourth Amendment.

  • October 16, 2017

    High Court Won't Hear Immigration Case Over Sex Offense

    The U.S. Supreme Court on Monday refused to hear the government's appeal of a ruling that nixed a deportation order against a Salvadoran man convicted of a sex offense involving a minor, preserving a Fourth Circuit decision in his favor.

  • October 16, 2017

    Accused ICE Impersonator Denies Role In Bribery Scheme

    A Florida resident on Monday pled not guilty to charges he impersonated a U.S. Immigration and Customs Enforcement agent as part of an alleged scheme by employees of a GEO Group Co. subsidiary to charge immigrants thousands of dollars to prematurely remove their electronic monitoring braces.

  • October 16, 2017

    ‘Dysfunctional’ Immigration Atty Faces 9th Circ. Sanctions

    An immigration attorney was ordered Friday to show cause why he should not be sanctioned or possibly disbarred for misconduct, after a review of 96 of his cases before the Ninth Circuit revealed a “lack of diligence,” recycled excuses and “canned” briefs.

  • October 16, 2017

    BIA Nixes Felon's Waiver Bid Based On Timing Of Green Card

    The Board of Immigration Appeals on Friday upheld an immigration judge’s determination that an Italian native is removable, rejecting the immigrant’s argument that he is eligible for a waiver of inadmissibility despite his aggravated felony conviction because he was already in the U.S. the most recent time he got his green card.

  • October 13, 2017

    Passengers Sue Gov't Over CBP Identity Checks After Landing

    Nine airline passengers sued the government in New York federal court Thursday over an incident this year in which two U.S. Customs and Border Protection officers reportedly forced people to show ID while getting off a domestic flight, claiming their Fourth Amendment rights had been violated.

  • October 13, 2017

    Ill. Judge Blocks New Grant Terms Targeting Sanctuary Cities

    An Illinois federal judge allowed a nationwide injunction against new terms attached to a federal public safety grant to go forward Friday, saying the terms targeting so-called sanctuary cities are likely unconstitutional and must be barred while the U.S. Department of Justice appeals.

  • October 13, 2017

    Feds Slam Researcher's Bid To Revive FCA Counterclaims

    The federal government on Thursday slammed an energy researcher’s request that a South Dakota federal court reconsider its August decision tossing his counterclaims against the U.S. in a False Claims Act suit over claims the researcher fraudulently obtained a $100,000 National Science Foundation grant, saying his arguments are “little more than nonsense.”

  • October 13, 2017

    7th Circ. References Sherlock Holmes In Deportation Case

    The Seventh Circuit on Thursday referenced a foe of Sherlock Holmes in determining that a Mexican native may not be deemed deportable for his conviction of an Illinois weapons possession law, as it is not equivalent to a federal aggravated felony.

Expert Analysis

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and even demand that their external lawyers provide advice that is tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • A 6-Month Reflection On 'Buy American And Hire American'

    Jacob Cherry

    Reading the text of President Donald Trump’s “Buy American and Hire American" executive order, most commentators believed that the likelihood of immediate and substantive changes to the employment-based immigration system were minimal. However, as we cross the order’s six-month anniversary, the reality has been sharply different, says Jacob Cherry of Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Trump Admin Adds New Hurdle To US Green Card Process

    Brian Coughlin

    U.S. Citizenship and Immigration Services recently announced a sweeping change to the employment-based lawful permanent residence process with the introduction of mandatory interviews for applicants. The agency has touted expected improvements to national security and the overall process, but it has also admitted that the change presents a logistical challenge, says Brian Coughlin of Davis Malm & D'Agostine PC.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Trump's Immigration Priorities: What Employers Should Know

    Elizabeth Espín Stern

    Three immigration policy objectives recently announced by the Trump administration align with earlier White House pronouncements, including the “Buy American, Hire American” executive order. However, two aspects of these policy objectives merit close evaluation by employers, say Elizabeth Espín Stern and Paul Virtue of Mayer Brown LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Assessing Constitutional Constraints On Immigrant Detention

    Ava Benach

    Jennings v. Rodriguez — which questions whether the U.S. Constitution allows for open-ended and limitless mandatory detention of an immigrant without a hearing — made its way to the U.S. Supreme Court for the second time last week. During a spirited oral argument, the justices seemed to suggest that there are constitutional constraints on the government’s ability to detain immigrants, says Ava Benach of Benach Collopy LLP.