Immigration

  • May 18, 2018

    Justices Urged To Spurn Mexican Man's Appeal Of Removal

    The Trump administration on Friday urged the U.S. Supreme Court not to take up a Mexican man's appeal of a Fifth Circuit decision rejecting his argument that a state drug conviction did not make him removable under federal law relating to controlled substances.

  • May 18, 2018

    No Warrant Needed For IPhone Border Probe, 4th Circ. Says

    The Fourth Circuit found Customs and Border Protection agents' reasonable suspicion of a man caught with a suitcase full of weapons parts trying to board a plane was enough to justify the forensic analysis of his iPhone, finding that no warrant was needed since the search was technically at the border.

  • May 18, 2018

    Foreign Detainees Have Right To Bond Hearings, ACLU Says

    The American Civil Liberties Union on Friday told a Manhattan federal judge that foreigners detained by immigration authorities for six months or more have a constitutional right to bond hearings, arguing that Second Circuit law demands it.

  • May 18, 2018

    Calif. Judge Urged To Block Suit Over 'Sanctuary' Policies

    A number of immigrant advocacy groups have urged a California federal judge to consider the “tragic state” of immigration detention centers in light of the U.S. Department of Justice’s suit challenging statutes in California that allegedly obstruct federal immigration law enforcement.

  • May 18, 2018

    Sanctuary Cities May Win Big With High Court Gaming Ruling

    The U.S. Supreme Court's ruling that struck down federal restrictions on sports betting turned on states' rights in a way that could have ripple effects in the ongoing debate over so-called sanctuary cities, attorneys say. 

  • May 18, 2018

    Farm Subsidy, Welfare Bill Tanks Over Immigration Issues

    A conservative revolt over immigration and Democratic opposition to food stamp work requirements drove the U.S. House of Representatives’ effort to pass a five-year reauthorization of farm policy into the dirt Friday.

  • May 18, 2018

    Sessions Limits How Immigration Judges Can Close Cases

    U.S. Attorney General Jeff Sessions on Thursday ordered that immigration judges may not close administrative proceedings in immigration cases without issuing decisions on the matters, ending a tool that had been used during an era of expanding dockets in part to focus limited judicial resources on cases deemed more pressing.

  • May 17, 2018

    NYC Atty Threatening To Call ICE Faces Complaint From Pols

    The man who was filmed screaming at employees of a New York City restaurant for speaking Spanish, then later identified as a complex commercial and insurance coverage attorney, is facing a formal complaint filed in the state court system’s Departmental Disciplinary Committee.

  • May 17, 2018

    2nd Circ. RFRA Damages Ruling Doesn't Erase Controversy

    The Second Circuit this month demonstrated the Religious Freedom Restoration Act’s power to hold federal officials accountable in ruling that several Muslim immigrants can seek damages for allegedly being placed on the no-fly list after refusing to be informants. But experts say the decision doesn’t ease concerns that companies and other powerful groups are co-opting the statute to justify discriminatory behavior.

  • May 17, 2018

    Immigration Standoff Threatens Farm Bill Passage In House

    Congress’ long-simmering immigration debate boiled over Thursday, potentially upsetting the five-year reauthorization of many farm and food stamp programs in the House as conservative members threatened to vote down the legislation.

  • May 17, 2018

    Lawmakers Urge DHS To Keep H-4 Work Authorization

    A bipartisan group of 130 lawmakers urged the U.S. Department of Homeland Security to keep in place an Obama-era rule that allows spouses of H-1B visa holders to work in the U.S., following the Trump administration's announcement that it would rescind their work authorization in June.

  • May 17, 2018

    9th Circ. Remands Asylum Petition For Transgender Woman

    The Ninth Circuit ruled Wednesday that the Board of Immigration Appeals must address an individual's status as transgender separately from sexual orientation when considering petitions for asylum and other protections, sending the case back to the immigration court for further proceedings.

  • May 17, 2018

    Trump Says 'Animals' Remark Only Meant Gang Members

    President Donald Trump on Thursday tried to reframe comments he made Wednesday that referred to some immigrants as "animals," saying he really meant to use the dehumanizing term only for members of gangs, not for immigrants in general.

  • May 17, 2018

    BALCA Affirms Texas Concrete Co. Can’t Hire Foreign Help

    The Board of Alien Labor Certification Appeals on Wednesday upheld the denial of a Texas concrete company’s bid to hire temporary foreign workers under the H-2B visa program, saying the business failed to show a need for the employees.

  • May 17, 2018

    ICE, CBP Hit With Suit Over Docs On 'Matador' Initiative

    An immigrant advocacy group accused U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection in New York federal court Wednesday of refusing to hand over records relating to an anti-gang initiative known as “Operation Matador,” which the group says is a pretext to target and detain immigrant youth of color.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    3 Things To Watch During The Latest EB-5 Extension Period

    On the heels of the latest recent failed attempt to make changes to the EB-5 visa program that allows foreigners to invest in a U.S. project, the development community is somewhat bifurcated in how it may respond to yet another short-term period of uncertainty, according to experts. Here, Law360 looks at three ways the next period in the EB-5 saga may unfold.

  • May 16, 2018

    Cos. In $22.5M EB-5 Fraud Row Barred From Selling Securities

    A California federal judge on Wednesday permanently restrained from selling securities two companies that the U.S. Securities and Exchange Commission claims participated in a scheme to fraudulently raise $22.5 million from Chinese investors looking to obtain green cards through the federal EB-5 visa program.

  • May 16, 2018

    Immigration Bill Roundup: Detention Sites, Visa Overstays

    Both federal and state lawmakers have pushed legislation this month that would reduce the practice of immigration detention, tackle visa overstays and limit the disclosure of immigration status in California courts. Here, we examine their proposals.

  • May 16, 2018

    ICE Arrests 78 In 5-State Sweep Across Midwest

    U.S. Immigration and Customs Enforcement arrested 78 undocumented immigrants in a five-state sweep last week in the Midwest, ICE officials announced Tuesday, as part of the Trump administration's attempt to crack down on illegal immigration in the name of public safety.

Expert Analysis

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Is The Attempt To Rescind DACA Lawful?

    Steven Gordon

    A D.C. federal court recently invalidated the Trump administration’s effort to end the Deferred Action for Childhood Arrivals program, highlighting two important issues about the limits of judicial review over such policy changes, says Steven Gordon of Holland & Knight LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • F-1 Visa Holders Changing To H-1B Face New Risks

    Xavier Francis

    U.S. Citizenship and Immigration Services recently announced it will temporarily suspend premium processing for all fiscal year 2019 H-1B cap petitions. While this move affects many stakeholders, F-1 visa holders may be exposed to more collateral harm in the long run unless policy changes are made, says Xavier Francis of Erickson Immigration Group.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.