Immigration

  • March 01, 2024

    Iowa Co.'s Ongoing Need For Workers Sinks H-2B Bid

    A U.S. Department of Labor appeals board backed the department's denial of a pre-engineered building manufacturer's bid to temporarily hire 25 foreign workers, saying the Iowa company failed to show that its need for the workers was indeed temporary.

  • March 01, 2024

    GOP Subpoena Of Mayorkas Is Media Grab, DHS Says

    The U.S. Department of Homeland Security says the House Republicans' recent subpoena of its secretary for documents and communications related to the U.S.-Mexico border is just a grab for press attention.

  • March 01, 2024

    Fla. Judge Resigns Amid Ethics Charges Over Ex Parte Chat

    A Florida state judge has resigned, ending an ethics case triggered by his allegedly biased ex parte comments to a prosecutor following a Zoom hearing in August.

  • February 29, 2024

    Veteran Journalist Held In Contempt For Not Divulging Source

    A D.C. federal judge on Thursday found veteran journalist Catherine Herridge in civil contempt of his order to reveal her sources for a series of stories she wrote while at Fox News about a Chinese American scientist who was the subject of a federal investigation.

  • February 29, 2024

    Attys Seek To Get Migrant Kids Out Of 'Unsafe' Open-Air Sites

    A group of human rights organizations urged a California federal court on Thursday to compel the Biden administration to move migrant children out of open-air detention sites along the border, saying the children have been forced to shelter in "extraordinarily unsafe and unsanitary" conditions including portable toilets, dumpsters and trash-filled filled tarps to escape the elements.

  • February 29, 2024

    Texas Hotel Co. Denied H-2B Workers For National Guard Influx

    The Board of Alien Labor Certification Appeals has ruled that a hotel management company seeking foreign housekeepers and cleaners to work in hotels housing National Guard soldiers deployed to the border failed to show they temporarily needed the H-2B workers.

  • February 29, 2024

    Feds Say High Court Ruling Is Irrelevant To Razor Wire Fight

    The Biden administration told the Fifth Circuit on Thursday that the U.S. Supreme Court's recent ruling rejecting its sovereign-immunity defense in Fair Credit Reporting Act litigation "sheds no light" on its fight with Texas over concertina razor-wire barriers the Lone Star State has erected along the U.S-Mexico border.

  • February 29, 2024

    Fox Rothschild Wants Atty Gag Order In NJ Malpractice Suit

    Fox Rothschild LLP asked a New Jersey federal court Thursday to impose a gag order on an attorney who recently called it a "corrupt organization" and threatened criminal prosecution, claiming those comments — made in a malpractice lawsuit over allegedly botched immigration work — are a cynical ploy to extort the firm into "a lucrative settlement."

  • February 29, 2024

    Texas Judge Bars State's Migrant Arrest Law During Litigation

    A Texas federal judge on Thursday slammed the brakes on a Texas law that would allow the state to arrest and deport migrants, ruling that states can't exercise immigration enforcement power without federal permission.

  • February 28, 2024

    Sbarro Worker Appeals 'Prejudiced' Verdict On Rape Claims

    A former Sbarro employee asked the Ninth Circuit on Wednesday to order a retrial on her allegations that she was sexually assaulted multiple times by a manager and co-workers, claiming a jury verdict favoring the company resulted from a trial tainted by prejudicial assertions, improper evidence and defamatory comments toward her and her counsel.

  • February 28, 2024

    Au Pair Agency Can't Arbitrate Wage Claims, Judge Says

    Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.

  • February 28, 2024

    8th Circ. Won't Review Mexican National's Removal Fight

    A divided Eighth Circuit has backed the Board of Immigration Appeals' rejection of a Mexican national's bid to reopen his challenge to a deportation order, finding that his objections to the Department of Homeland Security's deficient notice to appear in immigration court were submitted too late.

  • February 28, 2024

    Hawaii Resort Gets Another Go At Foreign Staff For Golf Club

    A U.S. Department of Labor administrative law judge revived a luxury Hawaiian organization's application for temporary foreign groundskeepers, saying she was convinced that it needed additional staffers for its golf club's grand opening.

  • February 28, 2024

    Feds Fear Unlimited Discovery In Separated Families' Cases

    The Biden administration cautioned an Arizona federal judge against allowing migrant families separated under the Trump administration to obtain deposition transcripts from another family separation case, saying the request set no limits on how much more evidence could be collected.

  • February 28, 2024

    Coats Rose Atty Fired Over Threatening Letter To Judge

    The Texas law firm Coats Rose PC terminated one of its attorneys believed to have sent intimidating messages on firm letterhead to an immigration judge running for a judgeship in the 151st Civil District Court of Harris County, the firm confirmed to Law360 on Wednesday.

  • February 28, 2024

    2nd Circ. Revives Asylum Bid Over Testimony Interruption

    The Second Circuit ruled that an immigration judge wrongly faulted an asylum-seeking Eritrean man for not testifying about being tied up and left outside after being interrogated by the Eritrean military, saying the judge didn't give the man a chance to.

  • February 27, 2024

    7th Circ. Says Renewed Removal Orders Must Wait On CAT

    The 30-day deadline for people with reinstated deportation orders to go to the circuit courts begins once they've completed the agency appeals process, not when U.S. Department of Homeland Security reinstates the removal order, the Seventh Circuit said Tuesday.

  • February 27, 2024

    Texas Escapes Pregnant Worker Law But Not Migrant Funding

    A Texas federal judge on Tuesday blocked the Pregnant Workers Fairness Act from taking effect in the state, ruling that the U.S. House trampled on the U.S. Constitution's quorum requirements when it allowed some lawmakers to vote on the legislation by proxy.

  • February 27, 2024

    Ga. ICE Facility Dismissed From Forced Labor Suit

    A Georgia federal judge on Tuesday allowed an immigration detention facility to escape a proposed class action accusing it of forcing detainees to work for as little as $1 per day after it argued it couldn't be sued under Georgia law.

  • February 27, 2024

    GOP Seeks To Bar DHS From Sending Air Marshals To Border

    Sen. Ted Cruz, R-Texas, introduced legislation on Tuesday that would bar the U.S. Department of Homeland Security from deploying federal air marshals to U.S. borders for border control unless a national immigration crisis has been declared, amid claims that the deployments are stressing resources and making it riskier to fly.

  • February 27, 2024

    Judge Pans 'Voluminous' H-2B Request With Little Explanation

    A U.S. Department of Labor judge called out a landscaping company for expecting the department to sift through 200 pages of documents in support of an application for foreign workers, saying the business should explain the relevance of the documents.

  • February 26, 2024

    Pryor Cashman Adds Immigration Atty To New York Office

    Pryor Cashman LLP added an attorney with experience handling both legal immigration matters and diversity, equity and inclusion, or DEI, efforts to its New York immigration group.

  • February 26, 2024

    Texas Brings High Court Ruling Into Border Wire Removal Suit

    The Lone Star State told the Fifth Circuit that the high court's recent, unanimous decision keeping the federal government on the hook for inaccurate credit reports undermined the Biden administration's claims that its removal of Texas' border wire was protected from court review.

  • February 26, 2024

    AILA Vows Action To Fight Potentially Illegal Asylum Policies

    The American Immigration Lawyers Association warned President Joe Biden that it stands ready to oppose any changes to asylum policy that would be beyond the president's authority and that would violate U.S. and international asylum law.

  • February 26, 2024

    GOP States, Groups Back Texas In Rio Grande Barrier Fight

    Republican-led states and conservative groups have filed briefs supporting Texas in its legal fight with the Biden administration over the 1,000-foot anti-migrant barrier in the Rio Grande, echoing the Lone Star State's argument that it has a constitutional right to defend itself from an "invasion" of migrants from Mexico.

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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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