Immigration

  • January 26, 2024

    Biden Admin Broadens Syrian Immigration Protections

    The U.S. Department of Homeland Security on Friday expanded a humanitarian immigration program to provide temporary deportation relief to newly arrived Syrians who can't safely return to their war-torn country.

  • January 26, 2024

    Feds Say Fla. Can't Show Injury From Migrant Parole Policy

    The federal government urged the Eleventh Circuit on Friday to reverse a decision by a district judge who blocked the Biden administration's migrant parole programs, arguing that Florida has no standing to bring its suit because it had failed to show specific damages caused by the program.

  • January 25, 2024

    Dems Press DHS Watchdog For Info On Retaliation Settlement

    Top-ranking Democrats renewed their calls on Thursday for U.S. Department of Homeland Security Inspector General Joseph Cuffari to cooperate in an investigation against him into whether he inappropriately spent $1.2 million in taxpayer money to end allegations of whistleblower retaliation.

  • January 25, 2024

    ICE Allowed Unecessary Hysterectomies, DHS Watchdog Says

    The U.S. Department of Homeland Security inspector general reported Thursday that surgical procedures for noncitizens in government custody were not always properly approved, including two hysterectomies performed without documentation showing they were medically necessary.

  • January 25, 2024

    Investors Call Prison 'The Only Solution' For Collection Bid

    EB-5 investors who've been chasing settlement and sanction judgments for years in an Illinois federal fraud case are arguing that imprisonment "is the only bullet left in the court's gun" against real estate developers who've consistently played "a shell game" to avoid paying up.

  • January 25, 2024

    Texas Urges 5th Circ. To Block Trial In Anti-Migrant Buoy Suit

    Texas raced to the Fifth Circuit to stall a looming trial over the legality of its floating anti-migrant barrier in the Rio Grande at the same time a federal court told the Lone Star State it was time for a final ruling on whether the controversial buoy fence obstructed federal waters.

  • January 25, 2024

    9th Circ. Backs Swift Removal Even Without Entry Application

    The Ninth Circuit has backed the swift deportation of a Mexican citizen who unlawfully entered the U.S. three times, rejecting his contention that he couldn't be deemed inadmissible to the U.S. for expedited removal purposes because he never applied for admission.

  • January 25, 2024

    Feds Say Farms Trying To Delay H-2A Wage Rule Fight

    The federal government called on a North Carolina federal judge to reject a bid by agricultural industry groups to produce the full administrative record related to changes in wage calculations for foreign guest workers, deriding the request as a delay tactic.

  • January 25, 2024

    1st Circ. Rescues Asylum Case Over Migrant's Family Ties

    The First Circuit revived an asylum application from a Salvadoran man who says he fled his country to escape his father's murderous debtors, faulting an immigration appeals board for finding the man's persecution was only loosely connected to his father.

  • January 24, 2024

    Late Visa Extensions Due To Labor Disputes To Be Excused

    Temporary visa holders who miss a deadline to request an extension of their stay or to change their status because of certain labor-related circumstances may be granted another chance to file, U.S. Citizenship and Immigration Services announced Wednesday.

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Feds Meet Court-Ordered Quota For Afghan Asylum Applications

    Attorneys who sued the government over delays in processing asylum claims for Afghans fleeing the Taliban's rule said the Biden administration has met its obligations under a settlement agreement to process at least 65% of the applications pending since August.

  • January 24, 2024

    Immigration Atty Representation Rates Dropped, Report Says

    The average rate of immigration attorneys available to represent noncitizen clients in the rising backlog of cases pending in immigration courts across the country has dropped from 65% five years ago to 30%, according to a report published by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.

  • January 24, 2024

    House GOP Blames White House For Afghans Stuck In UAE

    The top Republican on the House Foreign Affairs Committee has demanded answers from the Biden administration about Afghan allies awaiting vetting in the United Arab Emirates for more than two years, saying the lag puts Afghans in danger.

  • January 23, 2024

    Texas Border Tensions Show Need For Justices' Input

    The U.S. Supreme Court's endorsement of federal officials removing razor wire Texas is using to keep out migrants at the border could spur more litigation, highlighting a need for the justices to clearly define the limits of states' power.

  • January 23, 2024

    8th Circ. Again Denies Honduran Man Deportation Relief

    The Eighth Circuit on Tuesday refused to revive a Honduran father's bid to avoid deportation under a rule reserved for those who were harmed by a lawful permanent resident parent, rejecting the man's contention that an appeals board had considered facts it wasn't supposed to.

  • January 23, 2024

    Low H-1B Approval Rates Stifle Tech Startups, Report Says

    Economic researchers released a new report Tuesday finding that lower H-1B visa approval rates and additional visa-application restrictions significantly and directly impact the survival rate of young startups in technology-intensive industries and allow older, less productive companies to maintain market dominance.

  • January 23, 2024

    4th Circ. Unravels RV Park Win In Housing Discrimination Suit

    A Fourth Circuit panel unanimously decided Tuesday to rescind a Virginia RV park's summary judgment win in a housing discrimination suit from immigrant families who challenged the park's policy requiring residents to show proof of their legal status.

  • January 23, 2024

    House GOP Turns Up Heat On Becerra For Migrant Child Data

    The chair of the House Judiciary Committee subpoenaed the head of the U.S. Department of Health and Human Services Tuesday for answers about the Biden administration's vetting of unaccompanied children found crossing the border, accusing the agency of stonewalling the committee.

  • January 23, 2024

    Immigration Judges Ask 4th Circ. To Revive Free Speech Suit

    The National Association of Immigration Judges is asking the Fourth Circuit to revive its suit challenging a policy it claims prevents judges from publicly discussing their personal views on immigration, arguing that a federal statute doesn't prevent a Virginia federal court from hearing its case.

  • January 22, 2024

    World Cup Workers' Abuse Claims Are Misdirected, US Co. Says

    Filipino laborers who claimed they were subjected to abusive work and living conditions while helping build facilities for the 2022 FIFA World Cup in Qatar aimed their ire in the wrong direction, a U.S. construction company told a Colorado federal judge in a bid to dismiss the suit.

  • January 22, 2024

    Immigration Atty Hit With Charges Over Green Card Scheme

    The U.S. Department of Justice and the New York attorney general have charged a Bronx immigration attorney and his son with fraud, alleging they sought green cards for clients based on false claims of domestic abuse.

  • January 22, 2024

    Ex-DHS Official Wants Probation For Software Theft Case

    A former senior official with the U.S. Department of Homeland Security's watchdog asked a D.C. federal judge to spare him prison time for stealing proprietary software he helped design for the government, saying he never profited from the theft.

  • January 22, 2024

    Nearly Year-Round Labor Need Kills Fla. Farm's H-2A Bid

    A U.S. Department of Labor appeals board judge affirmed a decision Friday rejecting a Florida employer's request for temporary workers under the H-2A program, finding its need for workers is nearly year-round and it hasn't shown its request for tree farm labor is different than labor in prior applications.

  • January 22, 2024

    Farms Object To Magistrate Judge Condoning H-2A Rule

    Agricultural groups objected to a magistrate judge's recommendation to keep intact a U.S. Department of Labor rule raising the salaries of H-2A agricultural workers, telling a Florida federal judge that the magistrate judge had been "excessively" deferential to the government's arguments.

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Expert Analysis

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    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.

  • How A Gov't Shutdown Would Affect Immigration Processing

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    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.

  • Opinion

    Smart Immigration Reform Can Improve Health Care Access

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    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.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    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.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    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.

  • How New Lawyers Can Leverage Feedback For Growth

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    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.

  • Opinion

    Time To End Double Standard On Kids' Green Cards

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    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.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    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.

  • Litigation Can Facilitate EB-5 Investor Visa Determinations

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    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.

  • 3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense

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    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.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    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.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    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.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    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.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    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.

  • USCIS Can Take On The Semiconductor Workforce Gap Now

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    While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.

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