Immigration

  • March 26, 2024

    In Abortion Case, Gorsuch Frets 'Rash' Of National Injunctions

    U.S. Supreme Court Justice Neil Gorsuch renewed his criticisms of nationwide injunctions Tuesday, saying a Texas judge's universal order limiting access to popular abortion medication mifepristone turned a potentially small legal challenge into a national debate.

  • March 26, 2024

    Fishery Says Request For DOL Cooperators' Names Is Fair

    The federal government cannot withhold information regarding an ongoing wage theft investigation, a fishery told a Mississippi federal court, because the probe is inextricably linked with claims that the company retaliated against employees who cooperated.

  • March 26, 2024

    Fox Rothschild Wants Gag Order To Silence Atty's 'Bombast'

    Fox Rothschild LLP has doubled down on its request for a gag order against an attorney pursuing a malpractice suit against the firm over allegedly mishandled immigration work, telling a New Jersey federal court that the attorney's "bombast and recklessness needs to end."

  • March 25, 2024

    Walmart Blocks DOJ Proceedings Over Immigration Records

    The federal government cannot continue pursuing proceedings before the U.S. Department of Justice's Office of the Chief Administrative Hearing Officer against Walmart for alleged violations of immigration-related recordkeeping requirements, a Georgia federal judge ruled Monday, saying the office's administrative law judges unconstitutionally carry out federal law without presidential oversight.

  • March 25, 2024

    Wash. Asks Judge To Undo Block Of ICE Detention Center Law

    Washington Gov. Jay Inslee has urged a federal judge to reconsider a recent ruling halting the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying the decision "rests on legal error."

  • March 25, 2024

    Ill. Atty Fights To Keep Reinstatement Dispute In DC Court

    An Illinois attorney argued Monday that her lawsuit challenging the U.S. Department of Justice and its immigration component's refusal to reinstate her practice before federal immigration courts belongs in D.C. federal court, where the DOJ is based, not Virginia.

  • March 25, 2024

    DOJ Slammed For Backing GEO Group In Detainee Wage Fight

    A group of immigrant detainees has urged the Ninth Circuit to reject the federal government's stance that a privately run detention center in Tacoma is exempt from Washington's minimum wage, saying the United States has failed to point to any conflicting federal laws.

  • March 25, 2024

    Kamala Harris Touts Central American Economic Investments

    Vice President Kamala Harris announced Monday that the Partnership for Central America has drawn $5.2 billion in investments to boost economic opportunities and reduce migration from Honduras, El Salvador and Guatemala, with $1 billion of that marking new private-sector funding.

  • March 25, 2024

    DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional

    The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.

  • March 25, 2024

    Texas Judge Extends Stay On Border Wall Funding Order

    A Texas federal judge briefly extended a pause on an injunction directing the Biden administration to use funding Congress appropriated to build physical barriers on the Southwest border for that purpose, as the administration asks for clarification of the order, saying it could otherwise make it hard to build anything.

  • March 22, 2024

    Hostile Rancher Killed Migrant, Az. Prosecutors Tell Jury

    Arizona prosecutors went to trial Friday against a borderlands rancher they allege killed a migrant trespasser after a history of hostility toward border-crossers, while the man's counsel said he properly reported finding a dead body despite his deep fear that blame could be misdirected at him.

  • March 22, 2024

    Watchdog Calls To Redo $896M Migrant Transport Deal

    The U.S. General Services Administration must redo an $896 million contract to transport unaccompanied migrant children, after a federal watchdog determined that the deal was awarded to a company whose proposed contract lead may be unqualified to oversee the contract.

  • March 22, 2024

    9th Circ. Revives Asylum Bid Over Burden Of Proof Error

    The Ninth Circuit revived an Indian man's asylum quest on Friday, saying an immigration appeals board mistakenly concluded that the U.S. government proved the man could safely relocate within India to avoid attacks by members of rival political parties.

  • March 22, 2024

    Floral Co. Pays Feds $2M To End Migrant Exploitation Action

    A Washington floral wreath and garland manufacturer will pay $1.9 million to close a U.S. Department of Labor probe into allegations that it underpaid and withheld safe housing and transportation from hundreds of temporary migrant workers.

  • March 22, 2024

    Judge Cuts ICE Contractor, Keeps US In Medical Abuse Suit

    A Georgia federal judge on Friday left standing only a narrow sliver of class claims against the federal government from immigrant women alleging they underwent invasive, unnecessary medical procedures while in federal custody, dismissing the bulk of their lawsuit.

  • March 22, 2024

    Legal Scholar Rips Texas' 'Invasion' Defense Of Border Buoy

    A Cato Institute scholar warned the Fifth Circuit against accepting Texas' claim of a migrant "invasion" to justify installing buoys by the border, saying Friday that accepting the claim could also empower the federal government to arrest people with impunity.

  • March 22, 2024

    GOP States Can't Step Into Asylum Limits Suit, DC Judge Told

    The Biden administration and a group of asylum-seekers say Republican-led states can't intervene in their attempts to settle a lawsuit challenging asylum limits, with both parties saying the states had admitted that the administration adequately represented their interests.

  • March 22, 2024

    2nd Circ. Revives Case Against Man Held By ICE Despite Bail

    The Second Circuit said Friday a Brooklyn federal judge overstepped by tossing a case against a Dominican man who was detained by Immigration and Customs Enforcement after being granted bail in an illegal-reentry case, disagreeing with the judge's finding that the government was merely trying to thwart a court order.

  • March 21, 2024

    Texas Detention Sites Held Migrants Too Long, Report Says

    The U.S. Department of Homeland Security's Office of Inspector General published the results Wednesday of unannounced inspections last year of six Customs and Border Protection short-term detention sites in Texas' Rio Grande Valley, finding that certain centers were overcapacity, detained immigrants longer than recommended and had multiple data integrity issues.

  • March 21, 2024

    Schumer Urges Texas District To Adopt Judge-Shopping Rule

    Senate Majority Leader Chuck Schumer on Thursday urged the chief judge of the Northern District of Texas to quickly implement the Judicial Conference of the United States' updated policy that looks to prevent litigants from judge shopping, arguing that the district's current practices are "dangerous."

  • March 21, 2024

    Mexico Slams Texas Migrant Law As State-Sanctioned Bias

    The government of Mexico denounced Texas' law empowering state officials to arrest and deport immigrants, telling the Fifth Circuit on Thursday that allowing the law to take effect would result in "state-sanctioned acts of bias" against its citizens. 

  • March 21, 2024

    Suit Fighting DC Law That Lets Noncitizens Vote Is Tossed

    The District of Columbia Board of Elections escaped a lawsuit accusing it of infringing U.S. citizens' right to vote by allowing certain noncitizens to vote in local elections after a federal judge ruled that the plaintiffs failed to show that they'd been harmed.

  • March 21, 2024

    Rock Quarry's H-2B Bid Fails Over Qualification Requirement

    The Board of Alien Labor Certification Appeals has affirmed that a Texas rock quarry's application for 10 rock splitters and quarry workers through the temporary H-2B foreign worker program was rightfully denied because the company's six-month experience requirement wasn't justified.

  • March 21, 2024

    Bus Co. Will Halt Immigrant Transport To NY During Litigation

    Transportation company Roadrunner Charters will stop transporting immigrants from Texas to New York City during a lawsuit in which the city's Department of Social Services is trying to recoup $708 million for providing emergency services to the new arrivals.

  • March 21, 2024

    New Suit Aims To Block Immigration Fee Hikes

    The Biden administration is facing a new lawsuit over its controversial immigration fee increases for employers, with an immigrant investor, an investors' advocacy group and a technology trade group alleging the administration failed to adequately justify the fee hikes.

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Expert Analysis

  • 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.

  • 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.

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