Immigration

  • January 18, 2024

    Texas Denies Troops Stopped Feds From Helping Migrants

    Texas said it isn't true that armed troops prevented federal agents from providing emergency aid to migrants on the U.S.-Mexico border last week, and told the U.S. Supreme Court that the Biden administration's inaccurate depiction of the incident couldn't justify removing barriers installed by the state.

  • January 18, 2024

    AI Tool Updated To Help Immigration Attys With Legal Tasks

    The American Immigration Lawyers Association and software platform Visalaw.ai released an updated version of an artificial intelligence legal research tool that now has an expanded library and a document upload feature.

  • January 17, 2024

    'Chaos' Warning Resonates As Justices Mull Chevron's Fate

    A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.

  • January 17, 2024

    Thomas Gets Laugh, Agrees Prior Ruling Is 'Embarrassment'

    The specter of a major 2005 telecommunications ruling hung over U.S. Supreme Court Justice Clarence Thomas on Wednesday as he and his colleagues considered whether to toss the court's decades-old precedent instructing judges to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 17, 2024

    5 Key Takeaways From Supreme Court's Chevron Arguments

    U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.

  • January 17, 2024

    US Moves Ahead With Visa-Free Travel from China To Territory

    The U.S. Department of Homeland Security is on track to implement a program allowing pre-screened Chinese nationals to travel to the Commonwealth of the Northern Mariana Islands visa-free for up to 14 days, DHS said in an interim final rule.

  • January 17, 2024

    Texas Tells 5th Circ. Feds Not Immune In Fence 'Property' Row

    Texas has urged the Fifth Circuit to block federal agents from removing concertina-wire barriers it placed along the U.S.-Mexico border, saying in its quest to permanently block removals that the state, like ordinary landowners, has a right to protect its property.

  • January 17, 2024

    Full 5th Circ. Vacates Order For Texas To Move River Barrier

    The full Fifth Circuit on Wednesday vacated a divided panel decision requiring Texas to remove a 1,000-foot floating barrier placed in the Rio Grande to deter migrants crossing from Mexico, granting the state's request to rehear the case.

  • January 17, 2024

    High Court Majority Shows No Eagerness To Overturn Chevron

    U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.

  • January 16, 2024

    6 Opinions To Read Before High Court's Chevron Arguments

    The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.

  • January 16, 2024

    Asylum-Seekers Slam Feds' Use Of 'Flawed' App At Border

    Asylum-seekers have fired back at the Biden administration's bid to end their California proposed class action challenging the government's use of a smartphone app to book appointments, arguing they've sufficiently alleged they were forced to wait "indefinitely in dangerous conditions with a flawed app as their only lifeline."

  • January 16, 2024

    Fake Atty Bilked Immigrant Investors Of $700K, Feds Say

    A Brazilian woman is charged with posing as an immigration lawyer and defrauding her purported clients of roughly $700,000 under the guise of helping them obtain visas reserved for foreigners who invest in U.S. businesses, according to federal prosecutors.

  • January 16, 2024

    Marriott Says Former Foreign Intern Can't Prove Forced Labor

    Marriott International Inc. has urged a Colorado federal judge to toss a Mexican citizen's proposed class action accusing the company of exploiting foreign interns for cheap labor at its St. Regis Hotel in Aspen, saying he lodged nothing but "bald accusations."

  • January 16, 2024

    Feds Tell Justices Texas Made Migrant Rescue 'Impossible'

    The Biden administration has told the U.S. Supreme Court that recent migrant drownings in the Rio Grande only underscore the urgency of its effort to undo a Fifth Circuit order blocking federal officials from interfering with Texas' border barriers.

  • January 16, 2024

    Feds Say Texas Migrant Arrest Law Is Like Nixed Ariz. Law

    The Biden administration has argued that a new Texas law allowing the state to arrest and deport migrants couldn't stand since the U.S. Supreme Court had struck down an Arizona immigration law for similarly intruding on the federal government's immigration authority.

  • January 12, 2024

    Justices' Broad Ruling Key To Settling Removal Notice Issues

    The government keeps getting hauled into court, and losing, over inadequate immigration removal notices, but narrow rulings from the U.S. Supreme Court and a lack of resources may be preventing it from falling into full compliance.

  • January 12, 2024

    Talks Stall In Fla. Suit Over Immigrants Denied Atty Access

    Settlement talks have stalled in a Florida federal lawsuit brought by the American Civil Liberties Union against Baker County Sheriff's Office members, who are accused of preventing attorneys from seeing immigrants who've been detained at a county detention center without a valid reason despite having pre-approved visits.

  • January 12, 2024

    Puerto Rican Soccer League Can't Stop Media Chief's Ban

    A Puerto Rico federal judge Friday allowed soccer's governing body on the island to ban the head of a broadcaster from games, finding the media executive's emergency motion was insufficiently tied to an antitrust lawsuit accusing the federation of a corrupt scheme to monopolize the game and block rivals.

  • January 12, 2024

    Board Says Immigration Courts Can Detain People On Bail

    Immigration courts that are reviewing release applications from individuals who were placed in immigration detention while released on bail don't need to defer to the judges who released them from pretrial criminal detention, the Board of Immigration Appeals said.

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 12, 2024

    Justices Take Up Citizens' Rights In Spousal Visa Applications

    The U.S. Supreme Court granted the Biden administration's petition on Friday to review whether the government must provide a timely detailed explanation for denying spousal visa applications and whether citizens can seek judicial review of those denials.

  • January 12, 2024

    High Court Eyes Chevron Deference: What You Need To Know

    Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.

  • January 12, 2024

    ICE Agrees To Post Bond Policies Online To Settle FOIA Suit

    A California federal judge approved a settlement between U.S. Immigration and Customs Enforcement and bond-funding organizations that demanded the agency post its immigration bond policies online, which ICE agreed to do as well as pay $15,000 in attorney fees.

  • January 12, 2024

    Texas Blocking Fed Agents From Border Areas, Justices Told

    The Biden administration told the U.S. Supreme Court early Friday that Texas was blocking border agents from accessing U.S.-Mexico border areas used to monitor migrant safety, saying Texas' actions warrant nixing an injunction prohibiting agents from disturbing Texas' concertina-wire barriers.

  • January 11, 2024

    Separated Families Say Feds Can't Keep Depositions Secret

    Migrant families separated at the border under the Trump-era federal zero-tolerance policy urged a California federal judge to publicly release the depositions of senior officials.

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Expert Analysis

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Opinion

    OFAC Designation Prosecutions Are Constitutionally Suspect

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    Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Employer Considerations For New I-9 Virtual Verification

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    A recently implemented Form I-9 option modernizes the process of employment eligibility verification by making pandemic-era virtual verification permanent, though employers will need to understand the option’s procedures and requirements to ensure compliance with all immigration laws, say attorneys at Littler.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Canada's H-1B Policy Leverages U.S. Green Card Backlog

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    Canada’s new policy allowing U.S. H-1B visa holders and their families to relocate and seek work in Canada takes advantage of the backlog in U.S. green card processing, and other countries seeking highly skilled workers trained in the U.S. are likely to follow suit, says Sarah Hawk at Barnes & Thornburg.

  • Ch. 11 Ruling Sets New Standard For Using Reinstatement

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    A New York bankruptcy court’s recent ruling in Golden Seahorse, which concluded that Section 365(b)(2)(D) of the U.S. Bankruptcy Code only creates a cure exception for nonmonetary defaults, sets a high bar for challenging the requirement to pay default interest as a condition to reinstatement of a loan agreement under a Chapter 11 plan, says Debra Dandeneau at Baker McKenzie.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Trends Emerge In High Court's Criminal Law Decisions

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    In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

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