Immigration

  • February 14, 2024

    Va. Farms Settle H-2A Workers' Allegations Of OT Violations

    A wage dispute lodged by two Mexican farmworkers who accused a Virginia agricultural association and two farms of cheating them and other temporary agricultural workers out of over $2.5 million in overtime pay is now settled, the parties said Wednesday.

  • February 14, 2024

    Deputy AG Warns Of Harsher Penalties For Crimes Aided By AI

    Deputy Attorney General Lisa Monaco on Wednesday said the U.S. Department of Justice will seek harsher penalties for crimes committed with the aid of artificial intelligence, calling the technology a "double-edged sword" that can be exploited by criminals but utilized by prosecutors with the right controls in place.

  • February 14, 2024

    DOL Extends Deadline For Input On Foreign Worker Jobs

    The U.S. Department of Labor said Wednesday that it is giving the public more time to provide comments on its plan to expand its list of occupations eligible for employment-based green cards based on domestic worker shortages.

  • February 14, 2024

    NY Immigrant Settles Green Card Case Alleging Atty Fraud

    A New York resident has reached an agreement with several immigration officials concerning the denial of his green card application on fraud grounds, which he blamed on a consultancy firm and a disbarred attorney, according to a stipulation of dismissal filed in New York federal court.

  • February 14, 2024

    Fox Rothschild Blasts 'Chicanery' Suit As Bid For 'Payday'

    Fox Rothschild LLP ripped into a malpractice lawsuit by two men alleging the firm mishandled their immigration matters as "chicanery" in pursuit of a payout from the firm and urged a New Jersey federal court to dismiss their second amended complaint with prejudice.

  • February 13, 2024

    House GOP Passes Measure To Impeach DHS Secretary

    The U.S. House of Representatives voted Tuesday in favor of impeaching Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, over claims of "willful and systemic refusal to comply with the law" and "breach of public trust" for his management of the southern border, after a failed attempt last week.

  • February 13, 2024

    3rd Circ. Says Evidence Overlooked In Somali's Torture Claims

    The Third Circuit on Tuesday revived a Somali man's deportation relief bid based on claims he'd likely be tortured for returning to Somalia from the U.S. and for belonging to a minority group, ruling that an immigration judge ignored evidence of his risks.

  • February 13, 2024

    Immigrants Seek To Certify Class Of 170,000 With Visa Delays

    A group of immigrants asked a Michigan federal judge Monday to certify a class of more than 170,000 immigrants accusing the government of mishandling its program of distributing so-called U-visas to immigrant victims of crime, arguing that the court can resolve their allegations of unreasonable delays on a classwide basis.

  • February 13, 2024

    Prior Sham Marriage Bars Immigration Bid, 4th Circ. Rules

    U.S. Citizenship and Immigration Services properly denied a Czech man's bid for lawful permanent residency status as the spouse of a U.S. citizen because his earlier marriage to another American woman was fraudulent, the Fourth Circuit ruled.

  • February 13, 2024

    11th Circ. Wants Jurisdiction Review In Migrant Release Suits

    The Eleventh Circuit on Tuesday ordered a Florida federal judge to decide if a U.S. Supreme Court decision reviving the Biden administration's immigration enforcement priorities affects the district court's authority to kill two unrelated policies on letting in migrants at the border.

  • February 13, 2024

    Senate Approves $95B Aid Bill For Ukraine, Israel

    The U.S. Senate passed a $95 billion aid package Tuesday morning after months of delay over failed border security reforms, greenlighting emergency security assistance for Ukraine, Israel and Taiwan, along with humanitarian aid for Gaza.

  • February 13, 2024

    Landscaper Loses H-2B Bid For Not Proving Extra Staff Need

    A U.S. Department of Labor judge rebuffed a Texas landscaper's efforts to temporarily hire 10 foreign workers, ruling that the firm hadn't submitted enough evidence showing it had a peakload need for extra staff.

  • February 12, 2024

    Farmworkers Union Fights Bid To Stop NY Ag Law

    The United Farm Workers urged a New York federal judge to let the union intervene in a dispute over a state law covering protections for agriculture workers, arguing an agricultural organization and family-run farms made claims that implicated the union in their suit to block the law's enforcement.

  • February 12, 2024

    Shepherd's Death Halts Round-The-Clock H-2A Pay Case

    A case on whether Nevada state law requires foreign shepherds working through the H-2A temporary visa program to be paid round-the-clock wages was put on hold Monday after the Western Range Association said the plaintiff had died.

  • February 12, 2024

    Tenn. Dept. Settles Claims It Ignored Kids' Citizenship Options

    A Tennessee federal court on Monday approved a settlement requiring Tennessee's Department of Children's Services to ensure undocumented children in its care can timely pursue legal status, resolving allegations the department irresponsibly let children age out of a special pathway to citizenship.

  • February 12, 2024

    Fla. Migrant Transport Suit Halted For Injunction Ruling

    A Florida federal judge on Sunday paused a suit by immigrant rights advocates against state officials challenging a law that makes transporting unauthorized immigrants a crime, staying the case until he decides whether to temporarily block the law.

  • February 12, 2024

    Farm Wins Bid To Change H-2A Workers' Season

    A U.S. Department of Labor appeals board judge reversed a certifying officer's denial of a Kentucky farm's H-2A application for four temporary workers, finding the farm had justifiably changed the workers' duties and therefore its period of need from previous years.

  • February 12, 2024

    Michigan Eatery Fails To Justify Need for Foreign Temp Cooks

    A U.S. Department of Labor appeals board backed a department decision denying a Michigan restaurant's bid to temporarily hire cooks from Senegal, saying the restaurant failed to show any temporary event or circumstances that would merit a bigger workforce.

  • February 09, 2024

    Immigration Backlog Slowing But Still Growing, Report Says

    New immigration court cases declined sharply in January, dropping by more than 110,000 from December, while case completions hit a record high, which a new report from the Transactional Records Access Clearinghouse suggested could signal the backlog is slowing.

  • February 09, 2024

    Feds Get Support At DC Circ. To Issue Spousal Work Permits

    Two immigration advocacy groups urged the D.C. Circuit to uphold an Obama-era program offering work permits to the spouses of highly skilled workers, calling the embattled program a lawful exercise of the executive branch's decades-old power to authorize noncitizens to work.

  • February 09, 2024

    No Need For Anonymity In Fla. Immigration Suit, Judge Rules

    A Florida federal judge denied a bid by affected individuals to proceed anonymously in their challenge to a state law making transporting unauthorized immigrants a crime, ruling the individuals' privacy concerns aren't exceptional enough to warrant anonymity.

  • February 09, 2024

    EB-5 Visa Fraud Suit Should Be Stayed, Court Hears

    A man accused of defrauding green-card hopefuls of millions of dollars through a visa program for foreign investors has asked a Florida federal court to pause claims against him while he appeals a decision refusing to send the case to arbitration.

  • February 09, 2024

    NC Court Won't Halt Immigration Atty's Disbarment

    The North Carolina Court of Appeals has declined to halt the disbarment of an immigration attorney accused of misusing client funds, over the lawyer's objections that he's licensed by the New York bar and therefore can't be disciplined by Tar Heel State watchdogs.

  • February 08, 2024

    DHS To Propose Employment Visa Updates Later This Year

    The U.S. Department of Homeland Security said Thursday it plans to propose amendments to employment-based immigration regulations later this year, and will increase flexibility for nonimmigrant employees and religious workers, according to a semiannual regulatory agenda.

  • February 08, 2024

    Texas Says New Migrant Arrest Law Mirrors Federal Law

    The state of Texas pushed back Wednesday against the Biden administration's effort to block the state's controversial new criminal law allowing the state to arrest and deport migrants, arguing that the state law "mirrors" federal law standards and can't be preempted.

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Expert Analysis

  • Roundup

    Inside Immigration Court

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    In this Expert Analysis series, immigration judges discuss best practices for attorneys who appear before them and important developments in immigration court practice.

  • Opinion

    Federal Law Should Recognize And Protect Stateless People

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    The government should protect the 200,000-plus people living in the U.S. with no recognized claim to citizenship under any country's laws by defining statelessness, providing benefits like green card eligibility and a path to citizenship, and issuing guidelines for federal officers evaluating statelessness cases, say Samantha Sitterley at United Stateless and Charles Johnson at Akin Gump.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • Series

    Inside Immigration Court: The Pros, Cons Of Remote Hearings

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    Technology introduced during the pandemic has improved the quality and efficiency of virtual immigration court hearings, but concerns still linger over the court system's ability to provide full and complete simultaneous interpretation in these hearings, as well as its effect on due process, says Immigration Judge Mimi Tsankov.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • New Foreign Labor Certification Form Brings Complications

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    Ambiguities in a question on the Office of Foreign Labor Certification's new application for permanent employment certification could serve as a trap for attorneys and sponsoring employers, as it's unclear how it will be interpreted by both the OFLC and the U.S. Citizenship and Immigration Services, says Michael Morton at Fakhoury Global.

  • Ensuring I-9 Compliance As Remote Flexibility Sunsets

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    Employers that took advantage of remote document inspection in their I-9 employment eligibility verification processes under COVID-19 accommodations must physically reinspect such documents and make other adjustments to bring their records into compliance before Aug. 30, say attorneys at Duane Morris.

  • A Lawyer's Guide To Approaching Digital Assets In Discovery

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    The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

  • Opinion

    High Court's Ethics Statement Places Justices Above The Law

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    The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

  • Series

    Inside Immigration Court: Making The Case For Bond Release

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    Immigration Judge Samuel Cole offers a guide to help attorneys practicing in immigration court — against a backdrop of high stakes and fast-moving dockets — better prepare for bond hearings, so proceedings run more smoothly and with less delay.

  • Opinion

    Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • Minimizing Discrimination Risks In Export Control Compliance

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    A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.

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