Immigration

  • 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.

  • February 08, 2024

    Advocates Ask Garland To Nix 'Overbroad' Asylum Decision

    A coalition of 129 immigrant rights groups and university legal clinics asked Attorney General Merrick Garland on Thursday to vacate a Board of Immigration Appeals decision they contend wrongly disqualifies some noncitizens from asylum for providing material support to terrorists.

  • February 08, 2024

    DHS Can Better Explain Joint Task Force Decisions, GAO Says

    The U.S. Department of Homeland Security is missing criteria for establishing or terminating joint task forces meant to combat security concerns, including along the southern border, making it hard to determine whether a task force is needed, a report revealed.

  • February 08, 2024

    No Proof Of Off Season Sinks Carnival Vendor's H-2B Bid

    A Florida-based carnival food vendor failed to show that its business between January and November justified its request for temporary foreign workers, a U.S. Department of Labor appeals judge ruled, finding the company's documentation lacking.

  • February 08, 2024

    US Officials Must Face Refugee's Processing Delay Suit

    A Minnesota federal judge refused to toss a Somali refugee's lawsuit accusing federal officials of unreasonably delaying his quest to bring his family to the U.S. for over seven years, backing the refugee's contention that his case wasn't yet moot.

  • February 08, 2024

    Sham Marriage Dooms Man's Bid To Avoid Deportation

    The Board of Immigration Appeals rejected an Argentine man's bid to remove conditions on his permanent residence because the U.S. citizen he married said their union was fraudulent, invalidating the joint petition his appeal was based on.

  • February 07, 2024

    Asylum Limits Suit Paused For Possible Settlement

    A D.C. federal judge on Wednesday temporarily paused a suit by asylum seekers challenging a Biden administration rule limiting asylum at the southern border after the parties said they are exploring a settlement.

  • February 07, 2024

    Staffing Co. Resolves DOJ Claims Of US Citizen Hiring Bias

    A Maryland staffing and recruiting company has settled claims it violated federal immigration law by refusing to refer, recruit or hire non-U.S. citizens for a client company, the U.S. Department of Justice announced Wednesday.

  • February 07, 2024

    Board Says Facts Need Sussing In ICE, Charter Biz $64M Battle

    The U.S. Civilian Board of Contract Appeals has refused to grant summary judgment to either U.S. Immigration and Customs Enforcement or an airline charter in a $64 million fight over canceled flights, saying too many factual disputes remain in the case.

  • February 07, 2024

    Biden Admin. Must Face Suit Over Wider Asylum Powers

    A Texas federal judge has refused to toss Texas' lawsuit challenging a Biden administration rule that broadens immigration officers' power over the asylum system, saying Texas has sufficiently alleged that the rule will result in the state spending more on border security and incoming immigrants.

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Expert Analysis

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Navigating USCIS' New Minimum EB-5 Investment Period

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    Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • CFPB, DOJ Signal Focus On Fair Lending To Immigrants

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    New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Cos. Must Adapt To Calif. Immigration Data Privacy Law

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    California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Consider Immigration Issues When Hiring Int'l Medical Grads

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    As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

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