Immigration

  • February 13, 2024

    Prior Sham Marriage Bars Immigration Bid, 4th Circ. Rules

    U.S. Citizenship and Immigration Services properly denied a Czech man's bid for lawful permanent residency status as the spouse of a U.S. citizen because his earlier marriage to another American woman was fraudulent, the Fourth Circuit ruled.

  • February 13, 2024

    11th Circ. Wants Jurisdiction Review In Migrant Release Suits

    The Eleventh Circuit on Tuesday ordered a Florida federal judge to decide if a U.S. Supreme Court decision reviving the Biden administration's immigration enforcement priorities affects the district court's authority to kill two unrelated policies on letting in migrants at the border.

  • February 13, 2024

    Senate Approves $95B Aid Bill For Ukraine, Israel

    The U.S. Senate passed a $95 billion aid package Tuesday morning after months of delay over failed border security reforms, greenlighting emergency security assistance for Ukraine, Israel and Taiwan, along with humanitarian aid for Gaza.

  • February 13, 2024

    Landscaper Loses H-2B Bid For Not Proving Extra Staff Need

    A U.S. Department of Labor judge rebuffed a Texas landscaper's efforts to temporarily hire 10 foreign workers, ruling that the firm hadn't submitted enough evidence showing it had a peakload need for extra staff.

  • February 12, 2024

    Farmworkers Union Fights Bid To Stop NY Ag Law

    The United Farm Workers urged a New York federal judge to let the union intervene in a dispute over a state law covering protections for agriculture workers, arguing an agricultural organization and family-run farms made claims that implicated the union in their suit to block the law's enforcement.

  • February 12, 2024

    Shepherd's Death Halts Round-The-Clock H-2A Pay Case

    A case on whether Nevada state law requires foreign shepherds working through the H-2A temporary visa program to be paid round-the-clock wages was put on hold Monday after the Western Range Association said the plaintiff had died.

  • February 12, 2024

    Tenn. Dept. Settles Claims It Ignored Kids' Citizenship Options

    A Tennessee federal court on Monday approved a settlement requiring Tennessee's Department of Children's Services to ensure undocumented children in its care can timely pursue legal status, resolving allegations the department irresponsibly let children age out of a special pathway to citizenship.

  • February 12, 2024

    Fla. Migrant Transport Suit Halted For Injunction Ruling

    A Florida federal judge on Sunday paused a suit by immigrant rights advocates against state officials challenging a law that makes transporting unauthorized immigrants a crime, staying the case until he decides whether to temporarily block the law.

  • February 12, 2024

    Farm Wins Bid To Change H-2A Workers' Season

    A U.S. Department of Labor appeals board judge reversed a certifying officer's denial of a Kentucky farm's H-2A application for four temporary workers, finding the farm had justifiably changed the workers' duties and therefore its period of need from previous years.

  • February 12, 2024

    Michigan Eatery Fails To Justify Need for Foreign Temp Cooks

    A U.S. Department of Labor appeals board backed a department decision denying a Michigan restaurant's bid to temporarily hire cooks from Senegal, saying the restaurant failed to show any temporary event or circumstances that would merit a bigger workforce.

  • February 09, 2024

    Immigration Backlog Slowing But Still Growing, Report Says

    New immigration court cases declined sharply in January, dropping by more than 110,000 from December, while case completions hit a record high, which a new report from the Transactional Records Access Clearinghouse suggested could signal the backlog is slowing.

  • February 09, 2024

    Feds Get Support At DC Circ. To Issue Spousal Work Permits

    Two immigration advocacy groups urged the D.C. Circuit to uphold an Obama-era program offering work permits to the spouses of highly skilled workers, calling the embattled program a lawful exercise of the executive branch's decades-old power to authorize noncitizens to work.

  • February 09, 2024

    No Need For Anonymity In Fla. Immigration Suit, Judge Rules

    A Florida federal judge denied a bid by affected individuals to proceed anonymously in their challenge to a state law making transporting unauthorized immigrants a crime, ruling the individuals' privacy concerns aren't exceptional enough to warrant anonymity.

  • February 09, 2024

    EB-5 Visa Fraud Suit Should Be Stayed, Court Hears

    A man accused of defrauding green-card hopefuls of millions of dollars through a visa program for foreign investors has asked a Florida federal court to pause claims against him while he appeals a decision refusing to send the case to arbitration.

  • February 09, 2024

    NC Court Won't Halt Immigration Atty's Disbarment

    The North Carolina Court of Appeals has declined to halt the disbarment of an immigration attorney accused of misusing client funds, over the lawyer's objections that he's licensed by the New York bar and therefore can't be disciplined by Tar Heel State watchdogs.

  • February 08, 2024

    DHS To Propose Employment Visa Updates Later This Year

    The U.S. Department of Homeland Security said Thursday it plans to propose amendments to employment-based immigration regulations later this year, and will increase flexibility for nonimmigrant employees and religious workers, according to a semiannual regulatory agenda.

  • February 08, 2024

    Texas Says New Migrant Arrest Law Mirrors Federal Law

    The state of Texas pushed back Wednesday against the Biden administration's effort to block the state's controversial new criminal law allowing the state to arrest and deport migrants, arguing that the state law "mirrors" federal law standards and can't be preempted.

  • February 08, 2024

    Advocates Ask Garland To Nix 'Overbroad' Asylum Decision

    A coalition of 129 immigrant rights groups and university legal clinics asked Attorney General Merrick Garland on Thursday to vacate a Board of Immigration Appeals decision they contend wrongly disqualifies some noncitizens from asylum for providing material support to terrorists.

  • February 08, 2024

    DHS Can Better Explain Joint Task Force Decisions, GAO Says

    The U.S. Department of Homeland Security is missing criteria for establishing or terminating joint task forces meant to combat security concerns, including along the southern border, making it hard to determine whether a task force is needed, a report revealed.

  • February 08, 2024

    No Proof Of Off Season Sinks Carnival Vendor's H-2B Bid

    A Florida-based carnival food vendor failed to show that its business between January and November justified its request for temporary foreign workers, a U.S. Department of Labor appeals judge ruled, finding the company's documentation lacking.

  • February 08, 2024

    US Officials Must Face Refugee's Processing Delay Suit

    A Minnesota federal judge refused to toss a Somali refugee's lawsuit accusing federal officials of unreasonably delaying his quest to bring his family to the U.S. for over seven years, backing the refugee's contention that his case wasn't yet moot.

  • February 08, 2024

    Sham Marriage Dooms Man's Bid To Avoid Deportation

    The Board of Immigration Appeals rejected an Argentine man's bid to remove conditions on his permanent residence because the U.S. citizen he married said their union was fraudulent, invalidating the joint petition his appeal was based on.

  • February 07, 2024

    Asylum Limits Suit Paused For Possible Settlement

    A D.C. federal judge on Wednesday temporarily paused a suit by asylum seekers challenging a Biden administration rule limiting asylum at the southern border after the parties said they are exploring a settlement.

  • February 07, 2024

    Staffing Co. Resolves DOJ Claims Of US Citizen Hiring Bias

    A Maryland staffing and recruiting company has settled claims it violated federal immigration law by refusing to refer, recruit or hire non-U.S. citizens for a client company, the U.S. Department of Justice announced Wednesday.

  • February 07, 2024

    Board Says Facts Need Sussing In ICE, Charter Biz $64M Battle

    The U.S. Civilian Board of Contract Appeals has refused to grant summary judgment to either U.S. Immigration and Customs Enforcement or an airline charter in a $64 million fight over canceled flights, saying too many factual disputes remain in the case.

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Expert Analysis

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • What New DHS Cybersecurity Policy Means For Bid Protests

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    The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Navigating USCIS' New Minimum EB-5 Investment Period

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    Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.

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