Immigration

  • February 21, 2020

    Trump Admin Can Enforce 'Public Charge' Rule In All 50 States

    The U.S. Supreme Court cleared the way on Friday for the Trump administration to implement its wealth test for immigrants in all 50 states, temporarily lifting the last remaining injunction shielding Illinois residents from the contested immigration rule.

  • February 21, 2020

    Cuomo To Share Some Driver Data With Immigration Agencies

    New York Gov. Andrew Cuomo said Friday he is willing to share the state’s Department of Motor Vehicles database with immigration agencies, but he said he wouldn't share Social Security numbers because doing so would make it as easy as “shooting for fish in the barrel” to arrest undocumented drivers.

  • February 21, 2020

    Clark Hill Can't Duck $50M Malpractice Suit Over Hacked Docs

    A Chinese entrepreneur and prominent dissident may proceed with most of his $50 million malpractice suit against Clark Hill PLC because he has submitted sufficient evidence to suggest the firm mishandled his personal information in an asylum bid and failed to protect the data from hackers, a D.C. federal judge has ruled.

  • February 21, 2020

    Ohio Can't Deny Driver's Licenses To Refugees

    An Ohio federal court has ruled that the Ohio Bureau of Motor Vehicles' policy denying state driver's licenses to refugees with admission documents that are more than two years old is preempted by federal law, while simultaneously certifying a class of refugees.

  • February 21, 2020

    Visa Delays For H-1B Spouses Causing Employment Gaps

    Delays at U.S. Citizenship and Immigration Services have kept the spouses of foreign workers waiting months for their work permits to be approved, forcing unexpected gaps in employment and keeping families and employers in limbo.

  • February 21, 2020

    Veterans, Ex-Lawmakers Join 9th Circ. Border Wall Fund Fight

    Veterans, former lawmakers and ex-federal government officials have called on the Ninth Circuit to stop President Donald Trump from pulling defense funds to finance a border wall, warning that the funding diversion puts soldiers at risk and undermines Congress’ intent.

  • February 21, 2020

    1st Circ. Upholds Asylum Denial Over Lack Of Persecution

    A Chinese native who was arrested back home for being affiliated with a cult can't obtain asylum after the First Circuit upheld a Board of Immigration Appeals finding that the man lacks a strong enough reason to fear returning to China.

  • February 20, 2020

    Watchdog Hammers 'Inconsistent' Asylum Screening Training

    A congressional watchdog knocked U.S. Citizenship and Immigration Services for giving "inconsistent" training to officers before they conduct initial fear screenings of families, urging the agency to offer the same training across offices.

  • February 20, 2020

    Mass. Justices Call ICE Deportation 'An Affront To Justice'

    Top Massachusetts state court justices criticized U.S. Immigration and Customs Enforcement in a letter made public Thursday, calling the recent deportation of a defendant facing drug charges before he could stand trial "an affront to justice."

  • February 20, 2020

    US Attys Ask NY To Nix 'Green Light' Law In Sanctuary Feud

    Two of New York's top federal prosecutors didn't mince words Thursday as they called for the state to nix a recent law that allows unauthorized immigrants to get driver's licenses and blocks immigration agencies from accessing those records.

  • February 20, 2020

    DC Judge Revives Visa Bid For Barchart Analyst

    A market analyst at data and technology services provider Barchart.com had his H-1B visa bid revived after a D.C. federal court found the government had failed to consider key evidence about the job’s requirements.

  • February 20, 2020

    Harvard Law Group Argues ICE Court Arrests Unconstitutional

    Massachusetts officials suing Immigration and Customs Enforcement over warrantless arrests at state courthouses got a boost Thursday from Harvard Law School's immigrant and refugee clinic, whose leadership said state courts are being illegally forced to carry out a federal agenda not enumerated in the Constitution and to sideline Sixth Amendment trial rights.

  • February 20, 2020

    Chinese Man Seeks Exit From SEC's EB-5 Visa Fraud Suit

    A Chinese national accused by the U.S. Securities and Exchange Commission of helping an immigration attorney and her husband defraud foreign investors out of millions of dollars is urging a California federal judge to excuse him from the suit for lack of personal jurisdiction.

  • February 19, 2020

    Calif. Man To Plead Guilty In $147M Gem-Backed Crypto Scam

    A California man will plead guilty in a scam that conned 70,000 people into buying $147 million worth of a sham digital currency that he falsely claimed was backed by amber and  gems, the U.S. Department of Justice said Wednesday.

  • February 19, 2020

    2nd Circ. Revives Cruise Worker's Deportation Relief Bid

    A Romanian citizen who worked on a Florida-based cruise ship got another shot to stay in the United States after the Second Circuit found on Wednesday that the brief time he spent in international waters may not count as a departure from the U.S.

  • February 19, 2020

    Ill. County, Nonprofit Fight To Block Immigrant Wealth Test

    The Trump administration’s bid to implement its wealth test for immigrants in Illinois met with blowback Wednesday when an Illinois county and nonprofit urged the U.S. Supreme Court to prevent the rule from taking effect in the state.

  • February 19, 2020

    Texas Jailers Must Face Suit In Migrant’s Suicide, Wife Says

    The wife of an asylum-seeker who strangled himself in a Texas jail said detention officers and the county can’t get out of her lawsuit because she has sufficiently supported her claims that his death was preventable and the officers are responsible.

  • February 19, 2020

    $10M Deal To End Claims Motel 6 Helped ICE Gets Final OK

    Motel 6 must fork over $10 million to resolve former guests' claims that the budget motel chain shared their information with federal immigration authorities after an Arizona federal judge gave a final stamp of approval to the settlement agreement Tuesday.

  • February 19, 2020

    Au Pair Co. Hit With FLSA Suit After 1st Circ. Wage Ruling

    Three proposed classes of consultants in Massachusetts, New York and California hit an au pair agency with a suit Wednesday over allegedly unpaid wages and overtime just two months after the First Circuit ruled that the agencies are subject to state wage laws.

  • February 18, 2020

    DC Circ. Wary That House Can't Sue Prez Over Funding Rows

    The D.C. Circuit hammered the Trump administration Tuesday over its position that the House of Representatives could never sue the executive branch over funding disputes, slinging out a series of hypotheticals to test the argument.

  • February 18, 2020

    DHS, USCIS Sanctioned For Wrongly Removing Immigrants

    The U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services have been sanctioned for violating a preliminary injunction in California federal court after they failed to warn a class of young immigrants that U.S. Immigration and Customs Enforcement was removing five of its members from the country.

  • February 18, 2020

    Staffing Co. For Clifford Chance Strikes Deal To End DOJ Case

    A New York staffing firm has agreed to pay more than $27,000 to resolve the U.S. Department of Justice's claims that it discriminated against foreign and dual citizens while helping international law firm Clifford Chance LLP staff a project, according to a settlement agreement published Tuesday.

  • February 18, 2020

    EPA Internal Watchdog Says Mexico Border Program Failing

    The internal watchdog arm of the U.S. Environmental Protection Agency released a report on Tuesday that criticized the regulator for shortcomings in monitoring and implementing a bilateral program with Mexico aimed at protecting the environment along the border.

  • February 18, 2020

    Gov’t Waives Contracting Laws To Speed Up Border Wall

    The Trump administration said Tuesday that it will waive federal procurement laws to speed up construction of a wall along the U.S.-Mexico border, citing high levels of unauthorized border crossings and drug trafficking.

  • February 18, 2020

    Dems Slam Plan To Send Tactical Agents To 'Sanctuary' Cities

    Top House Democrats on Tuesday slammed the Trump administration’s plans to send Border Patrol officers with tactical training to cities that limit local cooperation with federal immigration authorities, in an escalation of the administration’s battle against so-called “sanctuary” policies.

Expert Analysis

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • Coronavirus And Immigration: Tips For The Global Employer

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    As nations implement new border controls and close foreign visa processing locations in response to the coronavirus, global employers should be prepared to swiftly identify foreign workers in affected areas and jobs that can be performed remotely, and adapt existing relocation plans, says Yasmin Mirreh at Erickson Immigration.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • 7 Key Elements Of An Employer Immigration Program

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    With strong international demand for qualified talent, it has never been more critical for companies to develop and maintain robust, comprehensive immigration programs that support their overall business objectives while being nimble enough to accommodate frequent change in government policy, says Emily Allen at Fragomen.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • Opinion

    The Weak Justification For The New Travel Ban

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    The limited nature of President Donald Trump's new travel ban seems to undercut its purported legal justification, says Jeffrey Gorsky at Berry Appleman.

  • Series

    Why I Became A Lawyer: Following A Serendipitous Path

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    I went to law school intending to pursue a career in politics, inspired by Ted Sorensen and Gary Hart — but learning to solve problems in a new and exciting way drew me to litigation, says David Goodman of Goodman Law Group Chicago.

  • 7 Ethics Questions To Ask Before Marketing Your Law Firm

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    While ethics rules for attorney advertising vary by state and are frequently updated, there are several basic principles that all firms should understand, says Michelle King at Reputation Ink.

  • Why National Injunctions Will Survive High Court Scrutiny

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    Despite questions about the constitutionality and practicality of federal courts issuing national injunctions, which have seen an uptick in response to recent legislative and regulatory developments, this legal tool is here to stay — for better or worse, says Adam Shelton at the Institute for Justice.

  • Opinion

    Most Lawyers Do Not Understand How AI Works

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    Clearview AI's problematic attempt to defend its facial recognition and artificial intelligence technology provides a potent case study in potential pitfalls for lawyers working on AI issues, say Albert Fox Cahn and John Veiszlemlein at the Urban Justice Center's Surveillance Technology Oversight Project.

  • 4 Considerations When Moving To A New Law Firm

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    When contemplating a lateral move to a new law firm, lawyers should carefully review questions concerning firm structure, benefits, compensation and binding documents in order to identify obligations and potential red flags, say Amy Richardson and Lauren Snyder at Harris Wiltshire.

  • 'Public Charge' Rule Will Create New Hurdles For Work Visas

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    Implementation of the so-called public charge rule, given a temporary green light earlier this week by the U.S. Supreme Court, raises a host of logistical, regulatory and privacy concerns not previously at issue in employer-based visa sponsorship, say Shannon Donnelly and Jamie Cheung at Morgan Lewis.

  • A Modest Plan To Streamline Civil Cases In LA Superior Court

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    The California Legislature's recent effort to simplify civil litigation is laudable, but working with the Los Angeles Superior Court to make efficient litigation stipulations mandatory, rather than voluntary, would improve the process further, say professor Gary Craig and students Jasmine Gomez and Kennedy Myers at Loyola Law School.

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