Immigration

  • March 05, 2021

    ACLU Pushes For 12-Hour Cap On Border Detention

    The American Civil Liberties Union urged the Biden administration to limit border detention to 12 hours and restrict border officers' use of force, saying hundreds of interviews have revealed a pattern of migrant abuse by U.S. Customs and Border Protection.

  • March 04, 2021

    DC Judge Baffled Why DOJ Won't Stay Immigration Court Rule

    The U.S. Department of Justice won't agree to hold off on enforcing an overhaul of the immigration court appeals process that was crafted in the last months of the Trump administration, and the D.C. federal judge overseeing a challenge to the new rule can't see why.

  • March 04, 2021

    ICE Is Told To Vaccinate Detainees Or Risk Release Order

    A New York federal judge says he would consider ordering U.S. Immigration and Customs Enforcement to release vulnerable individuals from its Batavia detention center if that is the only way they can get access to the COVID-19 vaccine.

  • March 04, 2021

    9th Circ. Says Government Negligence Can Void Asylum Bar

    The Ninth Circuit on Thursday revived a Somali citizen's asylum claim, finding that immigration officials should not have excluded him from consideration based on his resettlement because he was still being persecuted.

  • March 04, 2021

    1st Circ. Won't Vacate Conviction Tied To Rwandan Genocide

    The First Circuit denied a Rwandan woman's habeas corpus petition on Wednesday, finding that a faulty jury instruction that had led to her criminal conviction would not have yielded a different outcome if corrected.

  • March 04, 2021

    Justices Say Immigrants Must Prove Eligibility For Protection

    The U.S. Supreme Court on Thursday held that immigrants with certain convictions must prove their eligibility for deportation relief, even when the record surrounding the conviction is incomplete or unclear.

  • March 03, 2021

    DOL 'Abdicated' Duty To Protect Ag Wages, Judge Says

    The Labor Department "abdicated [its] duty to protect the wages of domestic workers" by using "flawed" data to approve agricultural wage rates, a Washington federal judge has said, ordering the agency to immediately reset the rates to prevent further damage to workers' livelihoods.

  • March 03, 2021

    State Dept. Updates COVID-19 Travel Exceptions For Europe

    Travelers from Europe's Schengen area, the United Kingdom and Ireland whose work supports critical infrastructure may be eligible to travel to the U.S. despite ongoing COVID-19 travel restrictions, according to a U.S. Department of State announcement Tuesday.

  • March 03, 2021

    Staffing Exec Gets Probation In Immigrant Hiring Plot

    An Illinois staffing company executive has been sentenced to two years of probation after admitting his role in a conspiracy to hire unauthorized immigrants for a Chicago-area sheet metal fabrication company.

  • March 03, 2021

    Pandemic Bill To Test Zeal For Giving ITIN Holders Tax Breaks

    Provisions in President Joe Biden's pandemic relief plan that would expand eligibility for the earned income tax credit will provide a key test of efforts by Democrats to extend tax incentives to immigrants holding individual taxpayer identification numbers.

  • March 03, 2021

    Treasury Sanctions Mexican Cocaine, Meth Trafficker

    The U.S. Department of the Treasury sanctioned a suspected narcotics trafficker Wednesday, freezing the assets of a high-level member of Cartel de Jalisco Nueva Generacion, one of Mexico's most notorious drug cartels.

  • March 02, 2021

    Co. Slams CFPB's 'Hyberbolic' Immigration Bond Suit

    A bond services company that caters to individuals leaving immigration detention asked a Virginia federal court to nix a suit alleging predatory business practices, calling the Consumer Financial Protection Bureau and state claims "hyperbolic, inaccurate, and flat-out false."

  • March 02, 2021

    EB-5 Biz Groups Sue Feds Over New Investment Restrictions

    A group of businesses that raise money from foreign investors seeking visas through the EB-5 program sued the government in D.C. federal court Tuesday in a bid to block a new policy that restricts the redeployment of EB-5 investment funds to certain preapproved geographic areas.

  • March 02, 2021

    ​​​​​​​TPS Green Card Case Draws Flood Of Support At High Court

    Advocates inundated the docket this week in a U.S. Supreme Court case concerning green cards for certain temporary protected status holders, with groups including Harvard University and the Service Employees International Union backing permanent residency for all TPS recipients.

  • March 02, 2021

    GOP Senator Seeks More H-2B Visas Under Proposal

    Senator John Thune, R-S.D., reintroduced legislation that would free up to thousands of extra H-2B guest worker visas separate from the annual 66,000 visa cap for states with low unemployment rates.

  • March 02, 2021

    NJ County Asks 3rd Circ. To Ax Immigrant Info-Sharing Curbs

    A New Jersey county urged the Third Circuit to nix a state policy restricting the information it can share with U.S. Immigration and Customs Enforcement, saying the directive illegally "frustrates" local officials' compliance with federal immigration enforcement actions.

  • March 01, 2021

    ICE's Use Of Local Agencies Lacks Oversight, Watchdog Says

    The Government Accountability Office released a report Friday on an Immigration and Customs Enforcement program to strike agreements with state and local law enforcement agencies to help enforce immigration laws, saying the program lacked effective oversight and adequate performance goals even as it was massively expanded under the Trump administration.

  • March 01, 2021

    99 Hudson Developer Hit With Workplace Bias Claims

    The developer of the 99 Hudson condominium complex in Jersey City, New Jersey, has been hit with whistleblower claims by a former employee who says she was fired for complaining that the company wielded the threat of deportation and used sexual harassment to control its young Chinese employees.

  • March 01, 2021

    Mayorkas Vows To Help Separated Migrant Families Stay In US

    Families separated under the Trump administration's "zero tolerance" policy will be allowed to remain in the U.S. after reuniting as part of President Joe Biden's efforts to repair the immigration system, the secretary of homeland security announced Monday.

  • March 01, 2021

    Asylum-Seeking Families Released From Pa. Detention Center

    The immigrant families formerly detained at the Berks County Residential Facility in Pennsylvania were released to family members and sponsors over the weekend, according to statements from Sen. Bob Casey and groups that had been advocating for the asylum-seekers.

  • March 01, 2021

    ICE Rejects Report Faulting Social Distancing At Fla. Facilities

    U.S. Immigration and Customs Enforcement asked a federal judge to reject a recommendation that the court further scrutinize the agency's social distancing measures in South Florida detention facilities, arguing that the agency has been compliant with distancing and that conditions have improved.

  • March 01, 2021

    2nd Circ. Judge Dings Majority's 'Uncharitable' Asylum Ruling

    A fractured Second Circuit panel tossed an El Salvadoran asylum seeker's appeal, finding that his opposition to gangs was not a political opinion and that he could avoid future beatings, a view the dissenting judge called an "uncharitable" interpretation of the case.

  • February 26, 2021

    Baker Hughes Worker's Visa Denial Overturned On Appeal

    A U.S. Department of Labor appeals board gave the green light for industrial services giant Baker Hughes Inc. to obtain a visa for its training specialist, finding that the certifying officer improperly denied the company's application by citing the wrong sections of the law.

  • February 26, 2021

    GAO Tosses Protest Over $208M Border Wall Deal

    The U.S. Government Accountability Office has denied Fisher Industries' protest over a $208.5 million task order to build a segment of border wall, saying the Army Corps of Engineers wasn't required to give the company the same rating as on a similar deal.

  • February 26, 2021

    ICE Can't Keep Transferred Detainee Out Of Fla. Class Action

    A Florida federal judge ruled Friday that a Mexican citizen can join a class action challenging U.S. Immigration and Customs Enforcement detainee conditions at three South Florida facilities during the COVID-19 pandemic, saying the agency cannot escape jurisdiction by transferring him to a facility across the country.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Republican AGs Likely To Challenge Biden On Multiple Fronts

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    During recent presidential administrations, state attorneys general have challenged federal regulations and obtained nationwide injunctions against executive orders — and there is every reason to believe that Republican attorneys general will continue this trend, resisting Biden administration efforts on climate change, health care, immigration and more, say attorneys at Troutman Pepper.

  • Inside The Immigration Reform Bill's Business Provisions

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    Provisions in the recently introduced U.S. Citizenship Act that aim to reduce the employment-based green card backlog and attract STEM students are welcome business immigration reforms, but the business community is skeptical of its more restrictive provisions, say attorneys at Akin Gump.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Employer-Friendly Changes May Revive H-1B Visa Program

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    Recent H-1B visa program improvements that are favorable to employers — such as e-registration and more predictability in U.S. Citizenship and Immigration Services decision making — may lead companies to reconsider this visa category as a resource for adding foreign-national talent to their workforce, says Matthew Minor at Hammond Neal., says Matthew Minor at Hammond Neal.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • The Employment Immigration Landscape Is Already Changing

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    Recently proposed immigration legislation and other Biden administration actions that suspended or reversed Trump-era orders affecting noncitizens are reforms that may provide stability for some employers of foreign nationals while creating new difficulties for others, says Eleanor Pelta at Morgan Lewis.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • Opinion

    USCIS Is Improperly Denying Visa Change Applications

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    U.S. Citizenship and Immigration Services' special instruction requiring nonimmigrant visitors who apply for a change to F-1 student status to simultaneously apply for an extension of their visitor status should be set aside because it was implemented without following the notice-and-comment requirements of the Administrative Procedure Act, says Rabindra Singh at HSD Immigration.

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