Immigration

  • January 04, 2024

    NYC Targets Bus Cos. For $708M Texas Migrant Care Costs

    New York City's Department of Social Services claims more than a dozen charter bus companies owe $708 million for the city's expenses providing emergency services to migrants, saying in a lawsuit Thursday that the companies violated state law by transporting migrants from Texas to New York without providing continuing care.

  • January 04, 2024

    Ex-IT Workers Say Precedent Can't Save Spouse Work Permits

    An organization of ex-information technology workers has urged the D.C. Circuit to disregard recent precedent in weighing the group's challenge to an Obama-era program allowing work permits for some spouses of highly skilled foreign workers, saying it conflicts with earlier precedent.

  • January 04, 2024

    Divorce Deal Didn't Erase Dad's Custody, Colo. Panel Finds

    A Colorado appeals panel ruled Thursday that a father can seek his child's return to Mexico under the Hague Abduction Convention, reversing a lower court's finding that he lacked sufficient parental rights to invoke the international pact.

  • January 04, 2024

    Judge Won't Toss CBP Officers' Bid For Overtime Travel Pay

    A U.S. Court of Federal Claims judge allowed specially trained U.S. Customs and Border Protection officers to continue seeking overtime pay for time spent traveling for work, saying the government failed to prove travel time was not compensable.

  • January 03, 2024

    Texas Overstepping With Immigrant Arrest Law, Feds Say

    The Biden administration sued Texas Wednesday to block its controversial new law allowing it to arrest and deport migrants, telling a Texas federal judge the statute is a clear violation of the federal government's mandate to manage immigration.

  • January 03, 2024

    US Agent's Citizenship Marriage Scheme Conviction Tossed

    A U.S. Foreign Service officer and her noncitizen ex-husband had their convictions for fraudulently obtaining his naturalization overturned by the Fourth Circuit, which ruled Wednesday that some of the lies they were charged with couldn't support their guilty verdicts.

  • January 03, 2024

    9th Circ. Finds Miranda Warning In Illegal Entry Case Adequate

    The Ninth Circuit on Wednesday upheld the conviction of a Mexican man who illegally entered the United States, rejecting the man's argument that a border patrol agent confused him when informing him of his right to remain silent or to make his case for asylum during the post-arrest interview.

  • January 03, 2024

    White House Calls Push For Mayorkas Impeachment A 'Stunt'

    House Homeland Security Committee Chairman Mark Green, R-Tenn. said Wednesday the committee will hold a hearing next week to start impeaching U.S. Department of Homeland Security Secretary Alejandro Mayorkas, a move the White House called "a political stunt."

  • January 03, 2024

    Disney Says Exec Who Wasn't Hired Angling For 'Windfall'

    Disney urged a California federal judge to toss a lawsuit from an executive who contends her job offer was withdrawn after the company squabbled with the state of Florida over a law, saying the would-be corporate affairs chief isn't entitled to the hefty severance package she's seeking.

  • January 02, 2024

    Failure To Fight Torture Claim Dooms Revival, 7th Circ. Rules

    An Indian man waived his Convention Against Torture claim by not challenging an immigration judge's finding that he faced torture from India's ruling political party if he returned, the Seventh Circuit ruled Tuesday, backing an appeals board's decision.

  • January 02, 2024

    Feds Appeal 5th Circ.'s Order In Texas Border Wire Dispute

    The U.S. Department of Homeland Security asked the U.S. Supreme Court on Tuesday to vacate a Fifth Circuit order prohibiting border patrol agents from removing razor wire fencing installed by Texas along the Mexico border, arguing the appellate court's decision wrongly places state law above federal law.

  • January 02, 2024

    Trump-Era Suit Over Immigration Protections Declared Moot

    A California federal judge has dismissed a long-running challenge by temporary protected status holders to Trump-era orders terminating the immigration protections for individuals from several countries, ruling that the suit is moot since the Biden administration reversed course in June.

  • January 02, 2024

    Iranian Visa Applicants Sue Feds Over 'Pseudo-Travel Ban'

    A group of U.S. citizens and lawful permanent residents of Iranian descent, along with their family members who hope to immigrate to the U.S., sued Biden administration officials over a Trump-era policy they say amounts to a "pseudo-travel ban."

  • January 02, 2024

    Fragomen Names New Leaders In NJ, DC And Boston

    Immigration firm Fragomen, Del Rey, Bernsen & Loewy LLP is starting off the new year by naming new managing partners for three of its busiest offices — Washington, D.C., Matawan, New Jersey, and Boston.

  • January 02, 2024

    Suit Claims Creditor Denied Home Loan Over DACA Status

    A recipient of the Deferred Action for Childhood Arrivals program alleged that an Oregon-based credit union unlawfully denied him a home equity loan based on his immigration status, claiming the financial institution violated federal and state anti-discrimination statutes.

  • January 01, 2024

    5 Supreme Court Cases To Watch This Spring

    "Blockbuster," "momentous" and "historic" are all words that have been used to describe the U.S. Supreme Court's current term as the justices prepare for a spring docket jam-packed with questions over the level of deference courts should give federal agencies, whether and how social media companies should be regulated and whether government efforts to combat misinformation crosses the line between persuasion and coercion.

  • January 01, 2024

    Hospitality Cases And Trends To Watch In 2024

    People in the hospitality industry work to project the image that they enjoy nothing more than making customers happy and serving them tirelessly, but the reality can be a darker one — especially in courts of law and at regulatory agencies, where issues involving hotels, restaurants and other businesses reveal what goes on behind the scenes.

  • January 01, 2024

    Election Politics Likely To Drive Immigration Policy In 2024

    Immigration policy in the new year will likely be driven by election politics, with attorneys bracing for further limits to asylum while simultaneously hoping President Joe Biden will keep flexing his executive authority to expand immigration avenues. Here, Law360 looks ahead to some of the immigration policy issues likely to dominate during a presidential election year.

  • January 01, 2024

    Top 4 Immigration Cases To Watch In 2024: A Preview

    Federal courts could render decisions on key immigration policies in 2024, including the Biden administration’s migrant release policies, while a U.S. Supreme Court case completely unrelated to immigration could nonetheless have a major impact on immigration appeals. Here, Law360 examines four pending court cases that could make waves in 2024.

  • January 01, 2024

    Appellate Outlook: Circuit Splits & Hot Topics To Track In 2024

    The 2024 appellate almanac is looking lively after eye-popping opinions and arguments in 2023's homestretch. As the new year begins, several circuit splits seem more serious, ideological imbalances are in the spotlight, and luminaries of the U.S. Supreme Court bar are locked in a burgeoning battle over alleged corporate complicity in terrorism.

  • December 22, 2023

    DeSantis Freed From Florida Migrant Transport Law Suit

    Florida Gov. Ron DeSantis can't be sued over a state law criminalizing the transport of unauthorized immigrants, a federal court ruled, saying the bill's critics hadn't shown that the governor was personally responsible for enforcing the law.

  • December 21, 2023

    Immigration Courts Must Create New Dockets For Children

    Immigration courts must create specialized juvenile dockets to help young children navigate the immigration system, according to a Thursday memo from the Executive Office for Immigration Review.

  • December 21, 2023

    NYC Calls For State Law Giving Migrants Right To Counsel

    The New York City Council voted Thursday to formally call on the state's leaders to pass a law giving noncitizens the Sixth Amendment's right to counsel in immigration court, urging Albany to make New York the first state to do so.

  • December 21, 2023

    Feds Urge Texas Court To Soldier On With Buoy Barrier Suit

    The Biden administration fired back Wednesday against Texas' attempt to dismiss its lawsuit challenging its floating barrier in the Rio Grande, telling a Texas federal judge the state has presented no valid grounds for dismissal.

  • December 21, 2023

    GEO Detainees Entitled to Minimum Wage, Wash. Justices Say

    The Washington Supreme Court said Thursday that civil detainees confined to a privately run facility and working while behind bars are considered employees and entitled to the state minimum wage — a decision that will likely ripple across other cases on the same issue.

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Expert Analysis

  • Pugin Ruling Lowers Bar For Felony-Based Deportation

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    The U.S. Supreme Court's recent decision in Pugin v. Garland that an offense may constitute an obstruction of justice aggravated felony, even when an investigation or proceeding is not pending, may allow the government to seek deportation for other low-level offenses never intended to be grounds for felony-based deportation, says Peter Alfredson at Capital Area Immigrants' Rights Coalition.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Opinion

    Congress Should Pass Bipartisan Immigration Reform Bill

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    By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Foreign Labor Certification Website Still Structurally Limited

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    Though the U.S. Department of Labor's Office of Foreign Labor Certification has shown encouraging responsiveness in correcting at least one major issue with its online portal, several sources of frustration — including employers' limited access to filed applications — still require fixing, says Michael Morton at Fakhoury Global.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • Perspectives

    Immigration Board Must Mend Choice Of Law Post-Garcia

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    The Board of Immigration Appeals must revisit the choice of law standard recently established in Matter of Garcia, which fails to establish predictability, upsets the settled expectations of parties' remanded cases and unfairly tips the scale in the government's favor, says Monica Mananzan at the Capital Area Immigrants' Rights Coalition.

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