Immigration

  • November 21, 2019

    House Committee Subpoenas DHS For Southern Border Info

    The U.S. Department of Homeland Security had been subpoenaed for documents about how it’s managing the U.S.-Mexico border after not complying with requests by the House Committee on Homeland Security for information on its practices.

  • November 21, 2019

    Contested 9th Circ., Trial Court Picks Move Forward

    Republicans on the Senate Judiciary Committee advanced two Ninth Circuit picks Thursday despite opposition from home-state Democratic senators, while the chamber's majority leader teed up confirmation votes for eight district court nominees, including one who's drawn bipartisan opposition over her anti-abortion advocacy.

  • November 21, 2019

    3rd Circ. Nixes Ex-Atty's New Trial Bid Over Billing Scam

    The Third Circuit on Thursday shot down a disbarred immigration attorney’s bid for a new trial on charges of bilking two multinational companies out of hundreds of thousands of dollars for advertising services that were never provided, saying his purportedly newly discovered evidence would not likely lead to an acquittal.

  • November 21, 2019

    Refugee Resettlement Order Faces Constitutional Challenge

    A recent executive order from President Donald Trump making refugee resettlement contingent upon advance approval from state and local lawmakers runs afoul of the federal government's constitutional authority to set immigration policy, three nonprofits argued in a new suit Thursday.

  • November 21, 2019

    House Panel Approves Bipartisan Migrant Farmworker Bill

    The House Judiciary Committee advanced a rare bipartisan immigration bill to the floor on Thursday that would provide migrant farmworkers with a path to legal status in exchange for having businesses check their eligibility for agricultural employment.

  • November 20, 2019

    Orgs Say Trump's Ban On Uninsured Immigrants Is Overstep

    The American Immigration Lawyers Association and immigration advocacy groups urged an Oregon federal judge to continue temporarily blocking the Trump administration's move to ban uninsured immigrants from entering the U.S., saying the order exceeds the president's executive power.

  • November 20, 2019

    Skeptical Rakoff Says ICE Arrest Power 'Unusual'

    U.S. District Judge Jed Rakoff appeared skeptical Wednesday of the federal government's position that U.S. Immigration and Customs Enforcement officers have full, unreviewable discretion to arrest suspected unauthorized immigrants wherever officers see fit.

  • November 20, 2019

    Dems Target Trump's 'Remain In Mexico' Asylum Policy

    Three Democratic U.S. representatives on Wednesday decried the human impact of a Trump administration policy requiring asylum-seekers to stay in Mexico while they wait for hearings, touting legislation that would remove the program's legal basis.

  • November 20, 2019

    GOP Lawmaker's Bill Would Let States Offer Work Visas

    A Republican lawmaker from Utah has proposed legislation in the U.S. House of Representatives that would allow states to offer their own work visa programs.

  • November 20, 2019

    9th Circ. Says ICE Detainer Not A Factor In Pretrial Detention

    The Ninth Circuit has determined that a California federal court was correct not to consider a U.S. Immigration and Customs Enforcement detainer when deciding to issue a pretrial detention order against a Mexican immigrant who was arrested for allegedly reentering the U.S. illegally.

  • November 19, 2019

    Migrants Waiting In Mexico Shielded From Asylum Bar

    The Trump administration can’t impose asylum restrictions on migrants who passed through a third country if they had presented themselves at the border before the policy took effect but were forced to wait in Mexico, a California federal judge held on Tuesday.

  • November 19, 2019

    ‘Remain In Mexico’ Hammered In First Congressional Hearing

    In Congress’ first hearing on the Trump administration’s Remain in Mexico policy, immigration attorneys and others called for the policy to be rolled back, saying that it tramples on migrants’ due process rights and returns them to dangerous border cities in Mexico.

  • November 19, 2019

    Investors Rush To File EB-5 Petitions Before Minimums Jump

    The upcoming increases to the EB-5 visa program's minimum investment amounts are pushing foreigners to rush to file their visa applications and developers to rethink their funding models, experts say.

  • November 19, 2019

    Travel Ban Waiver Process Can Be Challenged, Court Hears

    Three Syrian-American couples have urged a California federal court not to toss their suit challenging how travel ban waivers are processed, arguing the court has the authority to review the U.S. Department of State’s implementation of the policy.

  • November 19, 2019

    Construction Co. Can't Get Migrant Workers For Framing Work

    A South Dakota building framing company can't get certification for 35 H-2B workers because it didn't prove a peakload temporary need for additional helpers, the Board of Alien Labor Certification Appeals has found.

  • November 19, 2019

    9th Circ. Upholds BIA False Imprisonment Removal Order

    The Ninth Circuit has denied a Micronesian man's challenge of a Board of Immigration Appeals removal order based on an unlawful imprisonment conviction, saying unlawful imprisonment is a crime that warrants removal.

  • November 18, 2019

    Auditor Calls On DOL To Process Guest-Worker Apps Faster

    A government watchdog on Monday called on the U.S. Department of Labor to speed up the processing of migrant guest-worker petitions and ramp up its authority to crack down on H-1B visa fraud.

  • November 18, 2019

    Trump Admin To Enforce Northern Triangle Asylum Deals

    The Trump administration released a rule on Monday to enforce its recent asylum deals with El Salvador, Honduras and Guatemala, paving the way for asylum-seekers to be sent to the dangerous Northern Triangle region.

  • November 18, 2019

    Cuccinelli Is Out At USCIS After Joining DHS In No. 2 Spot

    Ken Cuccinelli will no longer lead U.S. Citizenship and Immigration Services after five months on the job, with the No. 2 official at the agency, Mark Koumans, temporarily taking over on Monday.

  • November 18, 2019

    EB-5 Investors Accuse Feds Of Delaying Green Card Petitions

    More than 70 foreign investors in the Jay Peak ski resort projects, which have been tied to an alleged EB-5 investor visa fraud scheme, accused the government of delaying the processing of their applications to become full-fledged permanent residents.

  • November 18, 2019

    Guest Worker Can Pursue Trafficking Claims Despite Release

    A Pennsylvania federal judge has ruled that a deal barring a Mexican guest worker from bringing claims against a trucking company where he worked was too one-sided to prevent him from moving forward with labor trafficking claims.

  • November 17, 2019

    Immigration Courts' Video Evolution Stirs Due Process Fears

    The U.S. government has said video teleconferencing has helped it more efficiently process immigration cases, but some attorneys contend that technological breakdowns and communication troubles have meant individuals at the center of these proceedings are not getting a fair shake.

  • November 15, 2019

    New Records Fuel ACLU Sanctions Bid In Census Query Row

    A New York federal judge will consider new evidence that calls into question the Trump administration's explanations behind its attempt to add a citizenship question to the Census, after the American Civil Liberties Union accused the federal government of concealing those records in court.

  • November 15, 2019

    Feds Can't Enforce 'Public Charge Rule' Amid 4th Circ. Appeal

    A Maryland federal judge has rejected the Trump administration's request to allow a rule penalizing immigrants for using public assistance programs to proceed, finding that the government is unlikely to win its Fourth Circuit appeal.

  • November 15, 2019

    Racetrack Employers Pony Up $1M For NY Labor Law Abuses

    The New York State Department of Labor’s investigation into backstretch employers at racetracks has led to the recovery of nearly $1 million in stolen wages, damages and penalties for 350 workers, Gov. Andrew Cuomo said Friday.

Expert Analysis

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • High Court Hears DACA: Procedure, Practicalities, Predictions

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    At oral argument last week, the U.S. Supreme Court justices seemed likely to rule that the Trump administration had sufficient reasons to rescind the Deferred Action for Childhood Arrivals program, which would leave the lives of DACA recipients and their families in limbo, says Jaclyn Kelley-Widmer at Cornell Law School.

  • High Court's Pass On 1 SEC Case Offers Insight Into Another

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    The U.S. Supreme Court effectively recognized the U.S. Securities and Exchange Commission's extraterritorial reach in denying certiorari in Scoville v. SEC. The move may foreshadow the high court's eventual ruling in Liu v. SEC, which will determine the regulator's authority to seek disgorgement, say Adam Schwartz and Russell Koonin at Homer Bonner.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • High Court's Disgorgement Ruling Could Curb SEC Authority

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    The U.S. Supreme Court recently agreed to review Liu v. U.S. Securities and Exchange Commission, which challenges the SEC's ability to obtain disgorgement from federal courts, and has the potential to significantly restrict the regulator's enforcement power, say attorneys at Cleary.

  • Opinion

    Trump Adviser's Influence Should Sound Alarm In DACA Case

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    Next week, the Trump administration goes before the U.S. Supreme Court to support its cancellation of the Deferred Action for Childhood Arrivals program, but the troubling record of immigration adviser Kris Kobach should raise concerns about how legally sound the administration’s case will be, says Liz Mair of Mair Strategies.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • Preemption Issues High Court Is Considering In I-9 Fraud Case

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    Questions from the bench at last week's U.S. Supreme Court oral argument in Kansas v. Garcia appear to show the court's core understanding of the respondent's argument that a state cannot, by means of identity theft statutes, create its own immigration enforcement process, says Amy Peck at Jackson Lewis.