Immigration

  • February 07, 2024

    Biden Admin. Must Face Suit Over Wider Asylum Powers

    A Texas federal judge has refused to toss Texas' lawsuit challenging a Biden administration rule that broadens immigration officers' power over the asylum system, saying Texas has sufficiently alleged that the rule will result in the state spending more on border security and incoming immigrants.

  • February 07, 2024

    Fox Rothschild Must Face Visa Malpractice Suit, Court Told

    Two men who claim they were scammed after hiring Fox Rothschild LLP for immigration work have asked a New Jersey federal court to reject the firm's dismissal bid, saying their racketeering suit should proceed because the firm's "culture of corruption" allegedly led to such brazen fraud that it may even merit criminal prosecution. 

  • February 07, 2024

    NY-Licensed Atty Says NC Bar Lacks Power To Disbar Him

    A New York-licensed immigration attorney has urged the North Carolina Court of Appeals to stay a disciplinary order disbarring him for embezzlement, saying the state bar can't discipline him because he's not licensed there.

  • February 07, 2024

    Farming Nonprofit Supports DOL H-2A Wage Rule At 4th Circ.

    A group of ranches and farms' argument that the new U.S. Department of Labor's rule for H-2A workers' wages would facilitate illegal immigration is speculative and the Fourth Circuit should ignore it, a nonprofit organization helping migrants and seasonal workers said.

  • February 06, 2024

    Disney Settles Job Offer Dispute Linked To Fla. LGBTQ Law

    The Walt Disney Co. told a California federal judge Tuesday that it has settled a lawsuit by a former British Petroleum executive claiming Disney withdrew a job offer after it criticized Florida's so-called Don't Say Gay law.

  • February 06, 2024

    GOP Chided For Turning On Border Policies They 'Demanded'

    Democratic lawmakers on Tuesday criticized Republicans for turning on a $118 billion border security package ahead of a Senate vote scheduled for Wednesday, with Sen. Patty Murray, D-Wash., saying Republican lawmakers were renouncing border policies they themselves insisted on.

  • February 06, 2024

    NYC Says Co. Flouted Filing Rules In Migrant Bus Row

    New York City's Department of Social Services urged a federal judge to reject a letter filed with the court by a charter transportation company that was among others sued by the city to recoup costs from absorbing migrants bused in from Texas, saying the filing was out of turn.

  • February 06, 2024

    House Fails To Impeach DHS Secretary Mayorkas

    House Republicans on Tuesday evening failed in their bid to impeach U.S. Department of Homeland Security Secretary Alejandro Mayorkas on allegations of "willful and systemic refusal to comply with the law" and "breach of public trust" for his management of the Southern border.

  • February 06, 2024

    Migrants' Suit Against Texas 'Lone Star' Border Op Tossed

    A Texas federal judge has tossed a lawsuit accusing state officials of violating the constitutional rights of migrant men who were arrested under Texas Gov. Greg Abbott's Operation Lone Star, saying the men failed to explain exactly how the officials violated their rights.

  • February 05, 2024

    Wash. Labor Dept. Says ICE Facility Operator Blocking Probes

    Washington state's labor department has alleged in a complaint moved to federal court that private prison operator GEO Secure Services LLC is illegally blocking inspectors from enforcing state workplace safety laws at an immigration detention facility.

  • February 05, 2024

    State Department Limits Visas For People Abusing Spyware

    The U.S. Department of State announced a new policy Monday restricting visas for people who use commercial spyware to surveil, harass or suppress journalists, activists and others.

  • February 05, 2024

    4th Circ. Backs 'Beyond Doubt' Rule For Green Card Applicant

    The Fourth Circuit has backed a decision by the Board of Immigration Appeals to hold a Dominican woman applying for permanent U.S. residency from within the country to the evidentiary standards used with individuals seeking to be admitted to the United States from the border. 

  • February 05, 2024

    Feds Pay $1.2M To End Suit Accusing Judge Of Lewdness

    The U.S. Department of Justice will pay $1.2 million to resolve a suit from a former staff assistant who said a California immigration judge routinely subjected her to explicit, lewd comments and once told her he would "make her straight" if they had sex.

  • February 05, 2024

    Cities, Advocacy Groups Say DACA Is Vital For US Communities

    Dozens of local governments and advocacy groups have thrown their support behind the Biden administration's appeal to save the Deferred Action for Childhood Arrivals program, telling the Fifth Circuit both families and economies will suffer if DACA dies.

  • February 04, 2024

    $118B Senate Bill Proposes Sweeping Border Changes

    A group of bipartisan senators unveiled a $118 billion border security package Sunday that would usher in sweeping changes to the asylum system and boost border security measures, while providing nearly $48.5 billion in aid to Ukraine.

  • February 02, 2024

    ACLU Atty On How To Protect Civil Liberties In The AI Era

    Because artificial intelligence and algorithmic systems often operate in the shadows, there's a new need for legislation, regulation and enforcement to ensure the technology doesn't undercut civil liberties by engaging in discrimination in housing, education or employment, according to Cody Venzke, senior policy counsel for the American Civil Liberties Union.

  • February 02, 2024

    9th Circ. Revives Asylum Bid For Indian Politician's Son

    A split Ninth Circuit panel granted an Indian national and son of a Punjabi legislative assembly member another chance at asylum, faulting an immigration judge's lack of clarity about who carried the burden to show whether he could safely return to India.

  • February 02, 2024

    'Slow Lawyering' Shouldn't Punish Clients, Mich. Judge Says

    A Michigan federal judge on Friday set aside default judgments against two farming companies named alongside other farms in a suit alleging they trafficked Mexican migrant farmworkers, saying he didn't want to punish clients for their lawyers' tardy response to the case.

  • February 02, 2024

    Biden Admin Hits Back At Objections To H-2A Wage Increases

    The administration of President Joe Biden pressed a Florida federal court Friday to keep intact a new U.S. Department of Labor rule raising the salary for foreign agricultural workers, saying it supported the wage hike and the policy doesn't create an "impermissible" attractive wage.

  • February 02, 2024

    Spousal Work Permits Backed By Precedent, DC Circ. Told

    Countering an argument from ex-information technology workers that D.C. Circuit precedent dooms an Obama-era program allowing work permits for spouses of highly skilled foreign workers, the U.S. Department of Homeland Security said the court's precedent is squarely on its side.

  • February 02, 2024

    4th Circ. Backs Reliance On Asylum-Seekers' Partial Truths

    The Fourth Circuit ruled Thursday that immigration judges may rely on asylum-seekers' testimony that they only find partly truthful, instead of having to accept or deny the testimony completely.

  • February 02, 2024

    11th Circ. Sides With Chinese Citizens In Fla. Land-Buy Row

    A unanimous Eleventh Circuit panel granted two of four Chinese citizens' bids to freeze enforcement of a Florida law barring nationals of certain countries from owning land, saying they showed "a substantial likelihood of success" that the state regulation is preempted by federal law.

  • February 01, 2024

    Higher Ed Alliance Says Ending DACA Will Decimate Economy

    More than 150 universities and colleges on Thursday backed the Biden administration's quest to save the Deferred Action for Childhood Arrivals program in the Fifth Circuit, saying the program has allowed its recipients to thrive and ultimately benefit the nation's economy.

  • February 01, 2024

    DOL Says Late Argument Dooms H-2A Wage Rule Challenge

    The Biden administration urged the Fourth Circuit to reject an argument that the U.S. Department of Labor was required to consider the effects of a rule regulating H-2A wages on illegal immigration, saying the argument, attached to a challenge of the rule, came too late.

  • February 01, 2024

    Feds Say Witnesses In Family Separation Suit Are Being Harassed

    An assistant U.S. attorney offered support for the government's bid to keep secret excerpts of depositions in litigation over damages for migrant families separated during the Trump administration, saying a witness in related litigation was harassed.

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Expert Analysis

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • 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.

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