Immigration

  • July 02, 2020

    Ex-ICE Atty Tapped As Chief DOJ Immigration Judge

    Tracy Short, who worked most recently as the U.S. Immigration and Customs Enforcement principal legal adviser and as senior adviser to the ICE acting director, has been named as the nation's chief immigration judge, the U.S. Department of Justice announced Thursday.

  • July 02, 2020

    DC Judge Knocks ICE For Detaining Teens, Altering Evidence

    A D.C. federal judge on Thursday found that U.S. Immigration and Customs Enforcement broke the law by not considering less restrictive housing options for migrant teenagers who turn 18 in government custody, and knocked the agency for altering evidence before trial.

  • July 02, 2020

    Calif. Woman Gets 2 Years For False Green Card Promises

    A California woman received a two-year sentence for defrauding four Iranian nationals out of $120,000 with false promises that she could secure them American immigration benefits, including green cards and citizenship, the Justice Department has announced.

  • July 02, 2020

    Border Search Of Cellphones May Need Justices' Input

    American travelers are uncertain of what rights they have when border agents ask to search their cellphones, especially after conflicting rulings from circuit courts, and the U.S. Supreme Court may be the only forum where travelers can get certainty.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    Anonymity Won't Be Allowed In Suit Over COVID-19 Payment

    A man suing U.S. officials claiming that he didn't receive a pandemic stimulus check from the Internal Revenue Service because of his marriage to an immigrant must identify himself before the court, an Illinois federal judge ordered. 

  • July 02, 2020

    Jail's Protection Of Migrants From COVID Found 'Reasonable'

    A New Hampshire federal judge has refused to order expedited bail hearings for migrants held in a county jail who are at low risk for complications from coronavirus, finding that the government's measures to curb the jail's virus risk were "objectively reasonable."

  • July 02, 2020

    High Court Won't Halt Deportations For Iraqi Christians

    The U.S. Supreme Court on Thursday refused to step in to halt the deportations of Iraqi citizens who fear religious persecution, leaving in place tight limits on court review for individuals with long-standing removal orders.

  • July 01, 2020

    Texas Court Frees US From Widow's Family Separation Suit

    A Texas federal judge freed the Trump administration from an asylum-seeker's suit alleging that its family separation policy led to her husband's suicide in government custody, finding that border agents' decisions to enforce the policy are shielded from judicial review.

  • July 01, 2020

    USCIS Announces July Naturalization Drive Before Furloughs

    U.S. Citizenship and Immigration Services will celebrate Independence Day with a series of socially distanced naturalization ceremonies during the first week of July, kicking off a larger effort to catch up on citizenship cases that were delayed by COVID-19 by the end of the month, the agency announced Wednesday.

  • July 01, 2020

    Chinese Man Charged In 'Birth Tourism' Ring Gets 3 Years

    A Chinese man, who has fled the U.S., received a sentence of 37 months after pleading guilty to charges in one of the country's first federal cases targeting a "birth tourism" scheme that allows noncitizens to fraudulently secure American citizenship for their infants, according to prosecutors.

  • July 01, 2020

    Immigration Judges Sue To Rip Off Free Speech 'Muzzle'

    The National Association of Immigration Judges filed suit on Wednesday asking a Virginia federal court to strike down a Trump administration policy that the organization head claimed was the "final nail" in judges' ability to publicly discuss, as private citizens, their views on immigration.

  • July 01, 2020

    DC Judge Blocks Asylum Bar On Transiting Migrants

    A D.C. federal judge has struck down the Trump administration's policy stripping asylum eligibility from migrants who cross through another country en route to the southern border.

  • June 30, 2020

    Asylum, Work Permits Targeted In Trump's Election Year Plan

    The Trump administration is aiming to slash asylum and limit deportation relief as the November presidential election nears, while continuing to pursue plans to restrict highly skilled immigration into the U.S.

  • June 30, 2020

    Unclear Scope Of Trump's Work Visa Ban Makes Travel Iffy

    The White House broadened its freeze on work visas for applicants abroad in an update Monday night, but attorneys say the ban's language continues to confuse visa holders in the U.S. who worry future travel may jeopardize their immigration status.

  • June 30, 2020

    ICE Fights Class Cert. Bid In Detainees' Atty Access Suit

    U.S. Immigration and Customs Enforcement told a New Mexico federal judge that detainees can't bring class claims over their alleged inability to speak with attorneys through free, private calls, arguing that each migrant's case is too particular for class treatment.

  • June 30, 2020

    Gov't Can't Hold Detainee Indefinitely Without Security Risk

    A New York federal judge has ordered the federal government to release a Palestinian man indefinitely held in immigration detention after completing a terrorism-related prison sentence, ruling he poses no security risk and there is no legal basis to hold him.

  • June 30, 2020

    US Gov't Challenges Anonymity In Suit Over COVID-19 Check

    A man suing U.S. officials claiming he didn't receive a stimulus check from the IRS because of his marriage to an immigrant should be required to reveal his identity, the government has told an Illinois federal court.

  • June 29, 2020

    Chinese Investor Sues Grocery GC Over Soured EB-5 Bid

    A New York attorney — and the grocery store and subsidiary that he represents — were hit with a lawsuit in Manhattan federal court accusing the lawyer of tricking a Chinese investor into shelling out cash into the company for an EB-5 visa that never came to fruition.

  • June 29, 2020

    Visa Seekers Rip Trump's Bid To Duck Insurance Rule Row

    Visa applicants slammed the Trump administration's move to toss a challenge to a proclamation targeting uninsured green card seekers, telling an Oregon federal judge that the government's dismissal bid simply rehashes old arguments that haven't previously held up.

  • June 29, 2020

    Tesla Factory Workers Denied Default Win In Visa Fraud Suit

    Workers at a Tesla manufacturing plant can't win a default judgment against certain overseas subcontractors in a suit alleging they illegally procured low-cost foreign labor for the plant, a California federal judge ruled Friday, saying the workers haven't shown the court can grant their request.

  • June 29, 2020

    7th Circ. Rejects Sessions' Immigration Case Closure Limits

    The Seventh Circuit has held that immigration judges may temporarily table cases while immigrants pursue other relief, rejecting former Attorney General Jeff Sessions' decision that judges don't have that authority.

  • June 29, 2020

    House Passes Dems' ACA Booster Bill Despite Veto Threat

    The U.S. House of Representatives voted largely along party lines Monday to approve a Democratic bill that would bolster the Affordable Care Act by making more Americans eligible for health insurance subsidies and pushing holdout states to expand Medicaid.

  • June 29, 2020

    9th Circ. Says Mexican Woman A Target For Cartel Retribution

    In a published decision, the Ninth Circuit has ruled that a lesbian Mexican woman is entitled to deportation relief, finding that Mexico's efforts to quell cartel violence couldn't guarantee her safety after she sent an operative, her abuser, to prison.

  • June 29, 2020

    High Court Won't Touch Trump's Border Wall Waivers

    The U.S. Supreme Court on Monday refused to take up environmental groups' challenge to the Trump administration's power to bypass federal laws to speed up construction of the U.S.-Mexico border wall.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Are False Accusations Of Racism A Form Of Defamation?

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    Racism is so repugnant that it is tempting to suggest that falsely labeling someone as racist should be legally considered defamation — but courts and litigants have struggled with such cases given the strict requirements of defamation law, says Phillip Zisook at Schoenberg Finkel.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Opinion

    Nonimmigrant Worker Ban Exceeds Presidential Authority

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    President Donald Trump's recent proclamation banning nonimmigrant workers from entering the U.S. overreaches by failing to include an exception for nonworking family members who pose no threat to U.S. jobs, says Jeffrey Gorsky at Berry Appleman.

  • Justices' Asylum Ruling Further Limits Migrant Protections

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    The U.S. Supreme Court’s recent decision in Thuraissigiam v. Barr eliminates the only avenue for challenging the propriety of early denials in the asylum process at a time when the standards for determining a migrant's credible fear of persecution are increasingly uncertain, says former immigration judge Jeffrey Chase.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Cos. Must Prep For More DOJ Probes To Protect US Workers

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    Employers should review the Immigration and Nationality Act, understand the evolution of enforcement, and take steps to mitigate risk in order to prepare for a potential increase in U.S. Department of Justice investigations into perceived preferential treatment of foreign workers due to the economic downturn, say Ginger Solon Partee and Matthew Gorman at Baker McKenzie.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Employers More Likely To Fight Visa Denials Amid Pandemic

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    In the past, employers would commonly refile when U.S. Citizenship and Immigration Services denied employee visa petitions, but pandemic-related travel bans and suspended visa processing have made challenging such denials more attractive, say Lynn O'Brien and Kane Vongsavanh at Berry Appleman.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • The Research Compliance Landscape Is Evolving Quickly

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    Government actions against researchers with undisclosed connections to China, as well as legislation designed to safeguard U.S. research, reinforce the probability that new rules for global collaboration and foreign engagement are on the horizon, say attorneys at Ropes & Gray.

  • Opinion

    Trump's Broader Visa Suspension Won't Help US Unemployed

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    Were one intent on protecting U.S. workers in the wake of the pandemic, it is difficult to believe that one would select for suspension the work visa categories President Donald Trump suspended this week, say Amy Haberman and Zlatko Hadzismajlovic at McCarter & English.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

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