Immigration

  • September 22, 2020

    House Passes Stopgap Extending Gov't Funding To Dec. 11

    The House of Representatives passed a bill Tuesday to fund the federal government beyond September, the end of fiscal year 2020, giving lawmakers until Dec. 11 to negotiate full-year spending bills while avoiding a federal shutdown.

  • September 22, 2020

    2nd Circ. Vacates Ruling Blocking Indefinite Immigration Hold

    The Second Circuit on Tuesday vacated a ruling that a "special circumstance" exception could not be used to indefinitely hold a Palestinian man in immigration detention after he completed a prison sentence for providing material support to terrorists.

  • September 22, 2020

    Feds Take Bid To Cut Immigrants From Census To High Court

    The Trump administration pushed the U.S. Supreme Court on Tuesday for permission to exclude unauthorized immigrants from the census count for political redistricting, after a three-judge panel blocked the effort and found that the case was "not particularly close."

  • September 22, 2020

    Full DC Circ. Won't Rethink Expedited Removal Expansion

    The full D.C. Circuit on Tuesday refused to revisit a panel decision greenlighting the Trump administration's expansion of fast-tracked deportation proceedings, rejecting immigration groups' efforts to maintain a court order blocking the government from broadening its deportation authority.

  • September 22, 2020

    Calif. ICE Detainees Get Class Cert. In COVID-19 Safety Suit

    A California federal judge certified a class of detainees in a suit challenging COVID-19 safety conditions at U.S. Immigration and Customs Enforcement's Adelanto, California, detention center, ruling Tuesday that all the members share a Fifth Amendment substantive due process claim.

  • September 22, 2020

    Trump Admin. Proposes 15-Day Window For Seeking Asylum

    The Trump administration proposed shrinking the window for migrants to apply for asylum from one year in most cases to 15 days from the date of their first immigration court hearing.

  • September 22, 2020

    Feds Can't Delay Order To Stop Putting Migrant Kids In Hotels

    A California federal judge on Monday shot down the government's request to stay her earlier order barring immigration officials from detaining asylum-seeking migrant children in hotels, saying the government made no substantive new arguments in its application while demonstrating "bewildering logic."

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Detainee Suing ICE Reports Getting Virus, Asks To Go Home

    A member of a class of detainees suing over allegedly hazardous conditions at three Florida immigration facilities amid the COVID-19 pandemic has contracted the novel coronavirus and is seeking a move to home detention, according to an emergency motion she filed Monday.

  • September 21, 2020

    ICE Detainees Get Cert., Denied Early Bail In COVID-19 Fight

    A Maryland federal judge has certified a class of medically vulnerable immigrants held in detention facilities who claim that the coronavirus pandemic has created "unconstitutional conditions of confinement," but denied the class expedited bail hearings.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Ginsburg Leaves Legacy Of Due Process For Immigrants

    Justice Ruth Bader Ginsburg, who died on Friday after serving on the U.S. Supreme Court for nearly three decades, leaves behind a legacy of calling for due process rights for immigrants and accountability for law enforcement agencies.

  • September 21, 2020

    Immigration Groups Spar With Feds Over Census Deadline

    The Trump administration and immigration advocacy groups debated whether a Maryland federal court should extend the time frame for 2020 census data collection in a hearing on Monday, with the groups arguing that ending data collection early would compromise accuracy and the government saying there wasn't enough evidence to justify an injunction or court order.

  • September 21, 2020

    House Committee Report Blasts ICE's Detainee Neglect

    Oversight failures have led to ongoing patterns of substandard medical care, abuse of segregated housing and inadequate access to legal resources for migrants detained by U.S. Immigration and Customs Enforcement, according to a report released Monday.

  • September 21, 2020

    US Citizens Say State Dept Illegally Delaying Fiancée Visas

    More than 150 U.S. citizens and their fiancées have sued the State Department for not processing and issuing K-1 fiancée visas during the coronavirus pandemic, alleging that the agency has misinterpreted President Donald Trump's executive orders restricting noncitizens' entry into the U.S.

  • September 21, 2020

    New ICE Complaints Show Need To Save Records, Groups Say

    Nonprofits challenging U.S. Immigration and Customs Enforcement's plans for destroying detainee records pounced on recent allegations of systematic sexual assault and medical malpractice in their response to the agency's push for summary judgment.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

  • September 20, 2020

    5 To Watch As GOP Races To Fill Ginsburg's Seat

    President Donald Trump has said he will name a woman to succeed the late Justice Ruth Bader Ginsburg on the U.S. Supreme Court. Here's a look at five candidates he could pick in the coming days.

  • September 20, 2020

    RBG's Biggest Opinions, From Civil Rights To Civil Procedure

    Justice Ruth Bader Ginsburg was perhaps best known for her dissents, but scholars and those who knew her say her majority opinions may better reflect her judicial philosophy, as well as her time as a law professor and civil rights lawyer.

  • September 18, 2020

    1K Diversity Visa Lottery Winners Join Visa Ban Fight

    More than 1,000 individuals who won the Diversity Visa lottery lodged a last-ditch attempt on Friday to have their green cards processed ahead of a looming Sept. 30 deadline, the latest legal challenge to the president's visa bans.

  • September 18, 2020

    Staffing Co., Law Firm End Fight Over H-1B Pay Advice

    Staffing agency Populus Group LLC and law firm Clark Hill PLC on Friday agreed to end their fight over claims that Clark Hill cost Populus more than a million dollars when it bungled advice on the question of how to pay workers with H-1B visas.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Latest Visa Ban Ruling Is Pyrrhic Victory For Challengers

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    A D.C. federal court's recent ruling, strongly admonishing the government and barring the Trump administration from applying its visa ban to Diversity Visa lottery winners, struck an odd balance by ruling it was without authority to review travel bans — even those predicated on plainly false pretenses, says Jeffrey Gorsky at Berry Appleman.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • 5 Steps To Help Universities Manage Foreign Influence Risk

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    Amid a massive uptick in federal scrutiny of foreign influence, universities can take practical steps to protect their programs, scientists and institutional reputations from risks inherent in international research collaborations, says Robert Roach at Guidepost Solutions.

  • Roundup

    Black Law Firm Leaders On Improving Diversity In BigLaw

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    In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.

  • Opinion

    Ariz. Law Firm Ownership Rule Change Is A Win For Clients

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    Arizona just became the first state to abolish an obscure ethics rule that prohibits nonlawyers from investing in law firms — a change that will lower legal service costs, encourage more innovation in the legal industry and improve access to justice, says William Marra at Validity Finance.

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