Immigration

  • March 26, 2024

    Consulting Biz Can't Show Need For 300 H-2B Workers

    A U.S. Department of Labor appeals board affirmed the denial of a consulting services company's dual bids for H-2B visa workers for a controversial oil drilling project in Alaska, saying the company failed to show a need for 50 structural fitters and 250 pipe fitters.

  • 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.

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Expert Analysis

  • CFPB, DOJ Signal Focus On Fair Lending To Immigrants

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    New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Cos. Must Adapt To Calif. Immigration Data Privacy Law

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    California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Consider Immigration Issues When Hiring Int'l Medical Grads

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    As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Key Employer Takeaways From USCIS' H-1B Visa Proposal

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    There are several steps employers can take, like reviewing job descriptions and assessing cap-exempt eligibility, to be well positioned for the sweeping changes that U.S. Citizenship and Immigration Services proposes to implement next year to improve the H-1B visa program, say Brian Coughlin and Angelica Ochoa at Fisher Phillips.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Lost In A Maze Of USCIS Policy On Child Immigration Status

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    A succession of U.S. Citizenship and Immigration Services policy updates, erroneous denials and conflicting messages have limited practitioners' ability to know which clients qualify under a federal law that protects children from aging out of their parents' immigrant petitions, say Jeffrey Galkin and Anna Stepanova at Murthy Law Firm.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

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