Immigration

  • January 17, 2020

    14 AGs Back Wash. Bid To Stop ICE Courthouse Arrests

    State attorneys general from 13 states plus the District of Columbia are urging a Washington State federal court to block U.S. Immigration and Customs Enforcement from arresting immigrants at state courthouses, arguing the practice is intervening with judicial proceedings.

  • January 17, 2020

    Sen. Wants Homeland Security Info On Iran Visa Scrutiny

    A key U.S. senator on domestic security policy has told the Trump administration he's worried that the visa program allowing entry into the U.S. could pose a threat from Iranian nationals and the regime’s supporters following the recent U.S.-Iran crisis.

  • January 17, 2020

    Tech Giants Join Fight Against Trump 'Public Charge' Policy

    More than 100 businesses and trade associations, including tech giants LinkedIn, Twitter and Microsoft, have thrown their support behind a lawsuit challenging a policy that would penalize low-income green card applicants, arguing that the new restrictions will hurt U.S. employers.

  • January 17, 2020

    Immigrants Win Access To USCIS Data In Vetting Program Suit

    A class of immigrants challenging a national security program that they believe illegally delays immigration applications from Muslims won their bid to take a peek at the internal workings of the vetting process when a Seattle federal judge found that data is directly relevant to the case.

  • January 17, 2020

    DOD To Overhaul Vetting For Foreign Military Students

    A month after a deadly shooting at the Pensacola Naval Air Station by a Saudi military officer in the U.S. for training, the Pentagon on Thursday flagged future changes to the vetting process for foreign military students.

  • January 16, 2020

    DC Judge Appears Wary Of Blocking EB-5 Program Overhaul

    A D.C. federal judge does not seem likely to move to preliminarily block the Trump administration's overhaul of the EB-5 investor visa program after a hearing on Thursday afternoon.

  • January 16, 2020

    Unauthorized Immigrants Can Be Urged To Stay, Justices Told

    The U.S. Supreme Court must strike down a 1986 federal statute making it a felony to encourage unauthorized immigrants to remain in the country because it's too broad and criminalizes a wide range of constitutionally protected speech, an immigration consultant at the center of the dispute has argued.

  • January 16, 2020

    ACLU Fights For Habeas Review For Migrants At High Court

    The American Civil Liberties Union argued that migrants have the constitutional right to challenge early denials in the asylum process at the federal district courts, urging the U.S. Supreme Court on Wednesday to strike down a statute that limits review.

  • January 16, 2020

    DOJ Urges Justices To Back Immigration Court Review Limits

    The federal government fought back against a Lebanese citizen's bid to allow circuit courts to review certain immigration court denials for foreign citizens with criminal histories, urging the U.S. Supreme Court to keep that avenue for judicial review closed.

  • January 16, 2020

    SEC Urges Justices Not To Cuff Its Disgorgement Power

    The U.S. Securities and Exchange Commission told the U.S. Supreme Court that closing off the agency's ability to obtain disgorgement in federal court cases would throw a wrench into enforcing securities law, pushing back against challengers that argue such relief strays beyond the bounds of the agency's statutory authority.

  • January 16, 2020

    Investors Say PNC Was 'Intimately Involved' In EB-5 Fraud

    A group of Chinese investors asked a Florida federal judge on Wednesday not to let PNC Bank walk away from a lawsuit accusing it of being "intimately involved" in a fraud scheme that misappropriated the investors' funds by hijacking the EB-5 visa program.

  • January 15, 2020

    Ex-Stepchild Can't Get Green Card For Abuse Victims Program

    A Honduran woman and longtime U.S. resident who was abused in the U.S. by her then-stepfather can't get a green card under an immigration program for domestic violence survivors after an Illinois federal judge held Wednesday that only current stepchildren qualify.

  • January 15, 2020

    Full 9th Circ. To Review Filipina's Removal From US Territory

    The full Ninth Circuit has agreed to reevaluate a Board of Immigration Appeals ruling over whether a Filipina was lawfully residing in the U.S. after the Northern Mariana Islands became subject to American immigration law.

  • January 15, 2020

    Dems Vow Another Vote To End Trump's Border Emergency

    A group of top Senate Democrats vowed Wednesday to hold another vote to terminate President Donald Trump's national emergency declaration amid reports that he plans to divert another $7.2 billion in defense funds toward the construction of a wall along the U.S.-Mexico border.

  • January 15, 2020

    Migrants Win Atty Access During Credible-Fear Interviews

    Asylum-seekers can access counsel during their immigration interview process after a California federal judge ruled in a class action that depriving them of legal representation would cause irreversible harm.

  • January 15, 2020

    Md. Judge Says Trump Can't Let States Refuse Refugees

    A Maryland federal judge temporarily halted President Donald Trump’s executive order allowing states and local governments to refuse refugees, ruling Wednesday that the order goes against lawmakers’ intent.

  • January 14, 2020

    DC Circ. Urged To Revive Suit Over SPLC 'Hate Group' Label

    A nonprofit think tank that pushes for restrictionist immigration policies asked the D.C. Circuit for another chance to challenge its designation on the Southern Poverty Law Center's website as a "hate group," claiming the label amounts to wire fraud.

  • January 14, 2020

    House Launches Probe Of 'Remain In Mexico' Asylum Policy

    Democrats on the House Judiciary Committee launched an investigation on Tuesday into the Trump administration's controversial "Remain in Mexico" policy that sends asylum-seekers south of the border while the government processes their cases, demanding documents and statistics about the year-old program.

  • January 14, 2020

    Justices Asked To Permit DHS's 'Public Charge' Rule, For Now

    The Trump administration asked the U.S. Supreme Court for permission to enforce a policy penalizing immigrants who may need public benefits, saying in an urgent request that a Second Circuit decision blocking the policy negates two earlier circuit decisions.

  • January 14, 2020

    Dems Call For Pause On Detention Center Bid Solicitation

    A group of House Democrats has asked the Trump administration to suspend its call for bids for immigration detention centers in Texas until it turns over information about the deals, saying the solicitation violates federal procurement laws.

  • January 14, 2020

    DC-Led Group Blasts Trump's Proposed Asylum Worker Rule

    A coalition of 21 attorneys general, led by the District of Columbia, California and New Jersey, said Monday they are opposing a proposed Trump administration rule the states say illegally obstructs asylum-seekers from applying for work permits.

  • January 13, 2020

    Ruling Lets Feds Separate Families At Border For Any Crime

    The Trump administration has the authority to separate families at the Mexican border based on any criminal history in the parent’s background even if it is minor, a California federal judge ruled Monday while finding the government has been using proper overall discretion since the “zero tolerance” border policy ended.

  • January 13, 2020

    Justices Invite Gov’t To Weigh In On Special Immigrant Status

    The U.S. Supreme Court asked the federal government on Monday for input on whether to toss a Kentucky high court’s ruling that state courts do not have to investigate an immigrant minor’s eligibility for lawful permanent residency.

  • January 13, 2020

    9th Circ. Says False Docs Don't Count As 'Moral Turpitude'

    The Ninth Circuit on Monday reversed a Board of Immigration Appeals decision that a Mexican national wasn't eligible for deportation relief, saying her conviction for using false documents to hide citizenship status doesn't amount to a "crime involving moral turpitude."

  • January 13, 2020

    Asylum-Seeker Who Miscarried In ICE Detention Sues Gov't

    The federal government has been sued in California federal court by an asylum-seeker who said she suffered a miscarriage as a result of the harsh conditions at a U.S. Immigration and Customs Enforcement detention center.

Expert Analysis

  • Don't Let Moonlighting Undermine Employment Visa Status

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    Employees with nonimmigrant visas should be educated about the parameters of lawful U.S. employment because they may not know that earning extra income through a side gig could render them ineligible for permanent residence down the road, say Douglas Halpert and Jessica Cadavid at Hammond Law Group.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • OFAC's New Iran Sanctions May Not Signal Seismic Change

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    While President Donald Trump’s recent executive order expands the ability of the U.S. Office of Foreign Assets Control to sanction non-U.S. entities doing business with Iran, it remains to be seen whether OFAC will pursue aggressive enforcement of its strengthened secondary sanctions authority, say attorneys at Ropes & Gray.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Highlights From Trump's New Nonimmigrant Visa Proposals

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    Continuing its rollout of comprehensive immigration reform, the Trump administration recently pivoted from enforcement to rulemaking, proposing changes that would limit the availability and scope of some of the most depended-upon employment-based visa categories, says Jordan Gonzalez at Klasko.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

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    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Perspectives

    USCIS Work Proposals Add To LGBTQ Asylum Seekers' Risks

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    Pending U.S. Citizenship and Immigration Services proposals to prolong employment ineligibility and charge for employment authorization documents would be particularly detrimental to already-vulnerable LGBTQ asylum seekers, says Richard Kelley at the DC Volunteer Lawyers Project.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • 4 Simple Rules For Witness Note Taking

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    Witness notes that form the center of a plaintiff’s case have largely been replaced by digital systems, but they remain on defense counsel’s radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.

  • Opinion

    2 Overlooked Advantages Of Hourly Fees

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    Alternative-fee disputes like Bartlit Beck v. Okada in Illinois federal court may tell us something about the reasons for the continued vitality of the hourly fee, especially among clients who have the wherewithal to pay, says attorney J.B. Heaton.

  • 5 Things To Watch In Litigation Finance This Year

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    As 2020 arrives, we may see new products and initiatives in litigation finance that we can’t imagine yet, but one thing is clear — this industry is well past its earliest stage and is entering a very active growth spurt, says Ralph Sutton of Validity Finance.