Immigration

  • April 08, 2020

    HUD Delays Immigrant Rent Aid Rule Amid FOIA Suit, Virus

    The U.S. Department of Housing and Urban Development told a Manhattan federal court on Wednesday it would delay implementing a new rule under fire by public defenders who say it will cut rental assistance for immigrant families with "devastating, permanent" impact.

  • April 08, 2020

    Woman In CBP Custody Gave Birth Standing, ACLU Says

    A pregnant woman gave birth standing up inside a border patrol station earlier this year, according to an administrative complaint to the U.S. Department of Homeland Security’s Office of Inspector General filed Wednesday by the American Civil Liberties Union, which called for an immediate investigation into the woman’s alleged mistreatment.

  • April 08, 2020

    Attys, Essential Workers At Risk As Visa Deadlines Approach

    The federal government's reluctance to pause immigration deadlines and automatically extend soon-expiring work permits is introducing new hurdles for foreigners doing essential work during the coronavirus pandemic and may be putting attorneys at risk.

  • April 08, 2020

    Pa. Accused Of Failing To Protect Detained Migrant Kids

    Pennsylvania’s child welfare agency has left immigrant families detained at the Berks County Residential Center “sitting ducks” for the coronavirus pandemic, attorneys for the families told the Supreme Court of Pennsylvania on Wednesday in a petition to have the detainees released.

  • April 08, 2020

    Separate Cells Ordered For 2 ICE Detainees Amid Virus

    U.S. Immigration and Customs Enforcement must give two vulnerable detainees at the Buffalo Federal Detention Facility in Batavia, New York, their own cells to protect them from the coronavirus, a New York federal judge ruled Wednesday.

  • April 08, 2020

    Judge Says It's Unclear If ICE Detainees Are Employees

    A prison contractor for U.S. Immigration and Customs Enforcement can’t escape class allegations that it paid detainees below minimum wage in a work program after a Washington federal judge said it was unclear whether the detainees meet the definition of employees.

  • April 08, 2020

    Challengers To Trump's Uninsured Immigrant Ban Win Cert.

    An Oregon federal judge granted class certification Tuesday to U.S. citizens and foreign nationals suing President Donald Trump over his proclamation requiring green card applicants abroad to prove they can afford health insurance, saying there is a credible threat that the proclamation will harm the plaintiffs.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    9th Circ. Orders Bond Hearings For Detained Immigrants

    Some immigrants who have been ordered deported but are nonetheless stuck waiting in detention must be given bond hearings after six months, a divided Ninth Circuit held Tuesday in two class actions on behalf of detained immigrants in the region.

  • April 07, 2020

    House Dems Urge DHS To Free Detainees Over COVID-19 Risk

    The U.S. Department of Homeland Security should release nonviolent detainees, especially those who have preexisting medical conditions, to help prevent the coronavirus from spreading through immigration detention centers, two Democratic House leaders said in a letter Tuesday.

  • April 07, 2020

    Investors Want Ill. Project Owners To 'Start Telling The Truth'

    Chinese investors said Monday that the only way they’ll learn what happened to $49.5 million they poured into a failed Chicago real estate project is if an Illinois federal judge sanctions the project owners until they finally fess up.

  • April 07, 2020

    Afghan, Iraqi Nationals Fight Feds' 4th Bid To Stop Visa Suit

    Foreign nationals who aided the U.S. military have asked a D.C. court to reject the government's latest attempt to sink their visa denial case, asserting that nothing has changed since its last failed bid to decertify the class.

  • April 07, 2020

    Dems Want Visa Rules Lifted For Medical Staff Amid Outbreak

    The Trump administration should speed up the processing of visa applications for foreign medical workers and lift employment restrictions to fill a growing shortage of health care workers needed to fight the coronavirus pandemic, more than 60 House Democrats said.

  • April 06, 2020

    Feds Defend Child Immigrant Detention During Pandemic

    The federal government urged a California federal judge not to order the release of unaccompanied migrant children from custody and ICE family detention centers, arguing that the government is abiding by release terms outlined in a 1997 settlement and the deal shouldn’t be reinterpreted because of the pandemic.

  • April 06, 2020

    Firm Cost-Cutting Has GCs Watchful But Not Worried — Yet

    Most general counsel aren't yet scared about potential disruptions to their outside counsel services, even as law firms cut staff and pay to reduce the financial impact of COVID-19. But some say their feelings could change if their key lawyers become unavailable.

  • April 06, 2020

    ICE Detainees Denied Release Over COVID-19 Concerns

    A Louisiana federal judge on Monday refused to release U.S. Immigration and Customs Enforcement detainees with medical conditions who argue they could die if they contract COVID-19, finding the court doesn't have the jurisdictional authority to decide their case.

  • April 06, 2020

    ICE Detention Was 'No Routine' Arrest, NY Judge Says

    A New York federal judge said U.S. Immigration and Customs Enforcement must face claims it dealt emotional blows to an HIV-positive immigrant when he was detained at his home, finding that the man's arrest was "no routine" matter.

  • April 06, 2020

    DOJ Allows Digital Signatures On Immigration Court Filings

    The U.S. Department of Justice has relaxed its signature requirements in response to the novel coronavirus pandemic by allowing attorneys to file documents in immigration courts with digital or scanned signatures.

  • April 06, 2020

    1st Circ. OKs 'So Help Me God' In Naturalization Oath

    The First Circuit said a lower court judge correctly found that including the phrase "so help me God" in the U.S. naturalization oath does not run afoul of the Constitution, knocking down a challenge from a prominent atheist attorney.

  • April 03, 2020

    Pandemic Creates Roadblocks During H-1B Visa Cycle

    Businesses seeking to hire foreign workers under H-1B specialty occupation visas are encountering new obstacles as they attempt to predict future hiring needs and file visa petitions remotely in the face of the coronavirus pandemic.

  • April 03, 2020

    Ex-Lawmakers Say Border Wall Emergency Status Was 'Sham'

    Former members of Congress urged the Fifth Circuit on Friday to uphold a ruling blocking the Trump administration from diverting $3.6 billion to border wall construction, arguing that a real national emergency like the COVID-19 outbreak shows that the president's earlier emergency declaration was a "sham."

  • April 03, 2020

    3rd Circ. Revives Immigration Review For Gay Salvadoran

    The Third Circuit on Friday revived a gay Salvadoran man's fight against deportation, finding that both an immigration judge and an immigration court had failed to properly address his evidence and claims that he was raped and threatened by gangs in El Salvador because of his sexual orientation.

  • April 03, 2020

    SEC Rips Boutique Firm’s Bid For $3M From EB-5 Receiver

    The U.S. Securities and Exchange Commission told a California federal judge that a boutique law firm is trying to get $3 million in fees from the receivership estate for an EB-5 investment fraud scheme simply for getting the receiver appointed.

  • April 03, 2020

    Faced With 'Legal Peril,' Attys Seek To Pause Visa Deadlines

    The U.S. Department of Homeland Security has refused to make accommodations for visa applications during the coronavirus pandemic, a decision attorneys say in a Friday lawsuit opens them up to potential legal jeopardy.

  • April 03, 2020

    9th Circ. Pauses Speedy Trial Rights In Calif. Southern District

    The Judicial Council of the Ninth Circuit has suspended Speedy Trial Act rules in the Southern District of California, extending the deadline requiring criminal trials to occur within 70 days to within 180 days, prompting concerns by attorneys for immigrants who are being detained without bond.

Expert Analysis

  • Opinion

    Pandemic Response Should Include Immigration Reboot

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    Congress should take the opportunity created by the current public health crisis to pass immigration reform that does not encourage future illegal immigration by enacting a one-time legalization program for essential workers and others already in the U.S., says Alexandra Dufresne at Zurich University of Applied Sciences.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Troubleshooting Remote I-9 Compliance During COVID-19

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    The recent measure by U.S. Immigration and Customs Enforcement waiving in-person inspection of original employment documents in some cases, while welcome, also falls short of allowing employers to implement social distancing without fear of liability for I-9 violations due to several unclear provisions, say Adam Rosser and Suzan Kern at Hunton.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

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