Immigration

  • 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.

  • January 11, 2024

    Ethiopian Asylum-Seeker Sues USCIS Over 'Delayed' Process

    An Ethiopian man on Thursday sued the U.S. Citizenship and Immigration Services in Texas federal court over the agency's delay in processing his now-seven-year-old asylum application, even though his daughter's application which was based on his persecution in Ethiopia was approved in two years.

  • January 11, 2024

    Farms Demand Look At DOL Justification For H-2A Wage Rule

    Critics challenging the new wage calculations for H-2A workers have asked a North Carolina federal judge if they can look into the U.S. Department of Labor's decision-making process, saying they want a chance to prove the agency overlooked the rule's impact on illegal immigration.

  • January 11, 2024

    NY Man Indicted For Posing As Immigration Attorney

    A New York City resident was indicted Thursday on charges alleging he masqueraded as an immigration attorney and falsely promised to assist clients with their cases when he had no license to do so.​​

  • January 11, 2024

    Biden Admin To Settle Trump-Era Migrant Separation Suit

    The Biden administration and migrant families separated during the Trump era told an Arizona federal judge they have reached a tentative agreement to settle a 2019 lawsuit from the families seeking civil damages for emotional trauma.

  • January 10, 2024

    DHS Loses Bid To Shake Hunger Strike Retaliation Case

    A New York federal judge on Wednesday refused to free the U.S. Department of Homeland Security from a lawsuit claiming it violated the rights of immigrant detainees by transferring them as punishment for a hunger strike, rejecting the government's argument that the court doesn't have jurisdiction over the dispute.

  • January 10, 2024

    House Panel Advances DOL Human Trafficking Detection Bill

    A House panel advanced a bipartisan bill Wednesday to crack down on human trafficking by enhancing training for Department of Labor employees to detect and assist law enforcement in cases of forced labor or sexual exploitation.

  • January 10, 2024

    Impeachment Expert Chills GOP Push To Oust Mayorkas

    An impeachment scholar threw cold water Wednesday on a Republican effort to oust U.S. Homeland Security Secretary Alejandro Mayorkas, saying that mere policy disagreements with the Biden cabinet secretary won't fly as a constitutional basis for impeachment.

  • January 10, 2024

    Group Tells Justices Texas Wire Fence Doesn't Impede Feds

    The Immigration Reform Law Institute has urged the U.S. Supreme Court to uphold a Fifth Circuit decision allowing Texas to keep barbed wire along the southern border, saying the fence does not interfere with federal agents' enforcement of immigration law.

  • January 10, 2024

    Farm Gets Another Go At Foreign Hire Bid For Foaling Season

    A U.S. Department of Labor appeals board has revived a horse farm's quest to hire foreigners to help out during the 2024 horse breeding and foaling season, saying a DOL officer mischaracterized information submitted to prove the farm's temporary worker need.

  • January 10, 2024

    Wash. Health Dept. Says GEO Blocking Probe Of ICE Prison

    Washington's health department has alleged in a complaint moved to federal court that private prison operator GEO Group is refusing to let the state investigate hundreds of detainee complaints concerning health and safety issues like unsafe food and solitary confinement misuse.

  • January 09, 2024

    Texas Tells Justices Feds Waived Border Wire Arguments

    Texas urged the U.S. Supreme Court Tuesday to deny the Biden administration's emergency application to vacate a Fifth Circuit order barring federal agents from disturbing wire border barriers, arguing the federal government is belatedly trying to reformulate the case.

  • January 09, 2024

    11th Circ. Won't Let Advocates Argue In DHS Release Appeal

    Legal service providers lost their bid to participate in oral arguments in support of Biden administration migrant parole programs that were blocked by a Florida federal judge, according to a one-line order from the Eleventh Circuit.

  • January 09, 2024

    Biden Admin Close To Finalizing Immigration Fee Increases

    U.S. Citizenship and Immigration Services' first application fee increases in seven years appear imminent, with the agency sending its final fee schedule to the White House earlier this week.

  • January 09, 2024

    EB-5 Visa Fraud Suit To Stay In Florida State Court

    Two men accused of defrauding millions of dollars from green card hopefuls through a visa program for foreign investors will have to fight allegations in Florida state court after a Florida federal judge refused to send their case to arbitration.

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Expert Analysis

  • 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.

  • Potential Outcomes After E Visa Processing Update

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    A recent update to the Foreign Affairs Manual’s E visa provisions may help ease consular backlogs, but a policy change that will require some applicants and their family members to process renewals overseas at different times creates new administrative burdens for practitioners, say Anna Morzy and Elizabeth Przybysz at Greenberg Traurig.

  • Immigration Program Pitfalls Exacerbate Physician Shortages

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    Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • New Fla. Immigration Law May Have Crippling Effects

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    Florida's new immigration law, which went into effect on July 1, will be especially burdensome in industries where retaining adequate staff is already an issue, so employers must assess their staff and thoroughly examine their employee records to check that all documentation is valid to avoid crippling fines and loss of licenses, says Trent Cotney at Adams and Reese.

  • A Blueprint For Addressing The Immigration Court Backlog

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    Since 2009, far more persons have been placed in removal proceedings than U.S. immigration courts could accommodate, but the government can reduce the 1.9 million-case backlog with steps that include reforming the court and the broader immigration system in a way that still prioritizes both due process and immigration enforcement, says Donald Kerwin at the Center for Migration Studies.

  • How Multiagency Sanctions Enforcement Alters Compliance

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    Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • H-1B Registration System Is Broken But Not Beyond Repair

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    Recent U.S. Citizenship and Immigration Services statistics confirm that the H-1B registration system, the primary path to U.S. employment for high-skilled foreign nationals, is in dire straits, but ongoing transparency, a willingness to seek input from stakeholders and thoughtful regulatory reforms could ensure its continued viability, say attorneys at Berry Appleman.

  • A Midyear Look At Expected Changes In Business Immigration

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    While legislative immigration reform remains a nonstarter this year, U.S. businesses and their advisers should keep an eye on agency-level regulatory efforts that are underway, which may bring significant changes to filing fees, employment verification, visa renewal processing and more, says Rami Fakhoury at Fakhoury Global.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

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