Immigration

  • January 27, 2022

    ICE Agrees To Detainee Virus Safety Rules In Class Settlement

    The federal government has agreed to a slew of COVID-19 safety measures at two U.S. Immigration and Customs Enforcement detention facilities in California, according to a bid Thursday for preliminary approval of a class settlement with current and former detainees alleging they were not protected from the virus.

  • January 27, 2022

    Breyer Leaves Legacy Of Extending Constitution To Migrants

    U.S. Supreme Court Justice Stephen Breyer, who announced his retirement after nearly three decades on the bench, leaves behind a legacy of influential legal opinions and dissents that sought to extend constitutional rights and protections to noncitizens.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Texas House Seeks Federal Probe Into Operation Lone Star

    Democrats in the Texas House of Representatives urged the Biden administration to immediately investigate Operation Lone Star, saying that Gov. Greg Abbott's border enforcement program was likely unconstitutional and violates migrants' due process rights.

  • January 27, 2022

    Biden Admin. Hit With FOIA Suit Over US Border Levee Walls

    Environmental advocacy group the Center for Biological Diversity slammed the U.S. Army Corps of Engineers on Thursday for refusing to hand over public records about the construction of what it says are new U.S.-Mexico border walls on levees along the Rio Grande Valley in Texas, according to a suit filed in District of Columbia federal court.

  • January 27, 2022

    DHS Adds 20,000 H-2B Visas Amid Labor Shortage

    The U.S. Department of Homeland Security and U.S. Department of Labor added 20,000 H-2B visas for temporary nonagricultural workers Thursday, after receiving enough applications to exhaust the 53,000 visas already at play in the first half of the fiscal year.

  • January 27, 2022

    Labor Must Face Trimmed H-2B Wage Rule Challenge

    A D.C. federal judge nixed claims in a lawsuit brought by Louisiana crawfish peelers who say the H-2B guest worker program is driving down their pay by allowing employers to submit their own prevailing wage data rather than using figures from the Bureau of Labor Statistics.

  • January 27, 2022

    4th Circ. Asks If Union Free Speech Issue Belongs In Court

    A Fourth Circuit panel grilled counsel for a union of immigration judges seeking to block a U.S. Department of Justice policy barring the jurists from speaking publicly on immigration, questioning why the dispute couldn't follow an administrative procedure for federal labor issues.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    IRS Agents Can't Escape Meatpackers' Immigration Raid Suit

    A Tennessee federal judge denied dismissal motions Wednesday from some Internal Revenue Service agents in a suit over an immigration raid on a meatpacking plant, ruling that the claims are not time-barred because the agency worked to hide the agents' identities and prevented the plaintiffs from naming them within the initial one-year time frame.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Chinese Investors Fight Proposed Axing Of EB-5 Fraud Suit

    A group of Chinese investors has urged a Florida district court to reject a magistrate's recommendation to permanently toss the investors' allegations that the developers of a Miami Beach hotel helped defraud them of millions they thought they were contributing to the project as part of a federal investment visa program.

  • January 26, 2022

    Dems' Competition Bill Would Create New Startup Visa

    The U.S. House of Representatives' sweeping proposal to increase U.S. competitiveness with China would carve out new immigration pathways for foreign entrepreneurs looking to open new businesses in the U.S.

  • January 26, 2022

    Courts Again OK Limits On NJ Migrant Info Sharing With Feds

    A New Jersey state appellate court upheld a directive from the state's former attorney general that restricted local law enforcement's ability to coordinate with federal immigration authorities, finding Wednesday that an exemption to the state's rule-making procedures permits the mandate.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    7th Circ. Asked To Nix Ill. Ban On Migrant Detention Contracts

    Two Illinois counties urged a Seventh Circuit panel Tuesday to reverse a lower court's order dismissing their lawsuit challenging a new Illinois law that phases out immigrant detention contracts, arguing that the statute is preempted and should be invalidated because it conflicts with the federal government's exclusive authority to regulate immigration.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Fixer Who Smuggled Cuban Ballplayers Gets 13 Months

    A Florida federal judge sentenced a fixer in Haiti to 13 months in prison for helping a sports trainer and a baseball agent smuggle Cuban ballplayers into the U.S.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 25, 2022

    State Dept. Boosts Hiring To Address Visa Backlogs

    The U.S. Department of State is planning on hiring dozens of foreign service officers to address staffing shortages that have contributed to long delays in visa processing, according to information posted on its website Tuesday.

  • January 25, 2022

    Va. Insurance Co. Agrees To Settle Hiring Bias Claims

    A Virginia insurance company agreed to a civil penalty and to submit to federal monitoring to end allegations that it refused to consider or hire qualified green card holders for open positions, according to the U.S. Department of Justice.

  • January 25, 2022

    DHS Hears Trump-Era Policies At Fault For Family Separations

    President Joe Biden's administration has contributed to the ongoing separation of migrant families by continuing many policies that started under his predecessor, Donald Trump, commenters said in response to a U.S. Department of Homeland Security request for policy recommendations.

Expert Analysis

  • What Climate Migration Forecast Means For Risk Management

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    Recent reports from international experts confirm that climate change is already causing environmental impacts and spurring migration of affected populations — so organizations must grapple now with how it will affect their operations and increase their risks in coming years, says Austin Pierce at V&E.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Opinion

    US Should Broaden Visa Interview Waivers Amid Pandemic

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    To help ease processing delays, the U.S Department of State and Biden administration should encourage consular posts to implement recently expanded in-person interview waivers for nonimmigrant visa applicants, and extend the policy to include certain immigrant visa applications, says Dominique Pando Bucci​ at Kurzban Kurzban.

  • Mitigating Risks In Virtual Work Immigration Programs

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    As the pandemic accelerates a global shift in immigration policy objectives from boosting tourism toward long-term economic growth, to the benefit of remote workers, employers must implement solid risk mitigation tactics that track evolving requirements that already varied from country to country, says Nofisatu Mojidi at Fragomen.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • A Law Firm Leader's Guide To Seeking Effective Feedback

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    Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.

  • Series

    Embracing ESG: Whirlpool CLO Talks Structural Improvement

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    As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.

  • Opinion

    Fla. High Court Is Wrong To Ban CLE Diversity Requirements

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    The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

  • Lawyers Must Prepare For Contract Tech Co. Consolidation

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    The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

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