Immigration

  • November 25, 2020

    Despite Union Bust, Immigration Court Revamp Likely Far Off

    A recent agency ruling dismantling the immigration judges' union has left judges more vulnerable to political influences, but with numerous competing priorities in Washington, proponents still face slim odds in the fight to establish an independent immigration court system.

  • November 25, 2020

    Calif. Judge Revives Succession Claim In Public Charge Suit

    A California federal judge revived health clinics' claims that the Trump administration's immigration wealth test is invalid because the policy was issued by an improperly appointed official, saying Wednesday that a "factual conflict" has emerged since she tossed those claims.

  • November 25, 2020

    Up Next At High Court: Census Fight, Child Slavery Claims

    Kicking off its final oral arguments of the year, the U.S. Supreme Court on Monday will hear the Trump administration's efforts to exclude unauthorized immigrants from the population count and a bid by Nestlé and Cargill to escape liability for alleged child slavery.

  • November 25, 2020

    Wisconsin Atty Who Mishandled Clients' Cash Is Reinstated

    Wisconsin's highest state court has reinstated the legal license of an attorney who was suspended in 2018 after he was found to have made unauthorized transfers between client and business accounts.

  • November 25, 2020

    States, Immigrants Ask NY Judge To Order DACA Resumed

    More than a dozen states and a group of immigrants urged a New York federal judge on Tuesday to order the Trump administration to fully reinstate the Deferred Action for Childhood Arrivals program, and to frequently update the court on its compliance with that order.

  • November 25, 2020

    DOJ Releases Last-Minute Flurry Of Immigration Restrictions

    The U.S. Department of Justice on Wednesday proposed regulations that would restrict when immigrants can reopen their cases in court, with mere weeks to go before the Biden administration is expected to take the reins.

  • November 24, 2020

    10th Circ. Bars Green Card For Veteran's Adopted Daughter

    The Tenth Circuit on Tuesday barred a Kansas veteran from sponsoring his adopted daughter for a green card, finding that a legal provision allowing "legitimated" children to get visas through their parents is limited to biological children.

  • November 24, 2020

    DHS Sued Over Environmental Impacts Of Immigration

    Three Minnesota residents sued the federal government Tuesday alleging it has neglected its obligation to consider the environmental impacts of immigration to the U.S. for decades and "turned a blind eye" to how population increases jeopardize natural resources.

  • November 24, 2020

    Durbin Likely To Become Top Dem On Judiciary Committee

    Illinois Sen. Dick Durbin is the leading contender to succeed California Sen. Dianne Feinstein as the top Democrat on the Senate Judiciary Committee, where he would bring a liberal track record and focus on immigration along with a history of crafting bipartisan compromises.

  • November 24, 2020

    Divided DC Circ. Denies Tribes' Bid To Halt Border Wall

    A divided D.C. Circuit panel refused to halt construction of President Donald Trump's border wall on Monday, overriding claims from Native American groups that the project is irreversibly destroying significant archeological sites, in violation of federal law.

  • November 24, 2020

    Prison Operator's Family Separation Defamation Suit Tossed

    A financial investment firm has beaten back a suit brought by CoreCivic Inc. over allegedly false claims about the private prison company's role in the separation of immigrant families, after a California district judge permanently dismissed the suit and found the statements in question were "true enough."

  • November 24, 2020

    NJ Immigrant Detainees Get Class Cert. In COVID-19 Suit

    A New Jersey federal judge on Monday certified a class of Elizabeth Detention Center immigrant detainees who allege the government has violated federal COVID-19 safety guidelines by holding them in cramped quarters that are allegedly perfect for spreading the virus, but held off on deciding the merits of the claims.

  • November 23, 2020

    7 National Security Names To Watch In The Biden Admin.

    President-elect Joe Biden has so far prioritized both experience and diversity in his choices for a national security team. Here are seven key people likely to take the helm in guiding U.S. foreign policy over the next four years.

  • November 23, 2020

    ​​​​​​​Amid Circuit Split, BIA Says TPS Does Not Equal Admissibility

    The Board of Immigration Appeals took sides in a deep circuit split over temporary protected status Monday when it ordered an immigration judge to resume removal proceedings against a Salvadoran man whose TPS ended in 2012.

  • November 23, 2020

    Chamber Slams Trump's H-1B Rules As 'Regulatory Ambush'

    The U.S. Chamber of Commerce urged a California federal judge on Monday to block the Trump administration's changes to H-1B temporary worker visa requirements, arguing that the proposed rule changes are a "regulatory ambush" that have nothing to do with the COVID-19 pandemic and are "drastically unfair to the public."

  • November 23, 2020

    9th Circ. Revives B&B Owner's Case Against Border Agent

    The Ninth Circuit has revived a Washington state bed and breakfast owner's lawsuit against a U.S. Customs and Border Patrol agent who allegedly shoved him to the ground and retaliated by initiating a tax investigation when the businessman complained.

  • November 23, 2020

    State Dept. To Pilot 'Visa Bond' Program To Deter Overstays

    Foreign citizens may soon have to put up thousands of dollars to secure visitor visas to the U.S. under a new pilot program, announced Monday, to crack down on visa overstays.

  • November 23, 2020

    Judge Backs Sanctions For AWOL EB-5 Fraud Suit Defendant

    A Florida federal judge recommended Monday that a son should follow in his father's footsteps by being sanctioned with the striking of his pleadings and a default judgment for violating court orders and abandoning his defense in a suit accusing him of aiding a $50 million EB-5 investment fraud.

  • November 20, 2020

    Agency Foreign-Labor Reviews To Focus On Big Contractors

    Federal agencies will be expected to focus on their biggest service contractors as part of a mandated review of the use of temporary foreign workers within the contractor workforce, according to a White House directive.

  • November 20, 2020

    Clark Hill Rips 'Whitewash Narrative' In Malpractice Case

    Clark Hill PLC has ripped into a Chinese dissident accusing the firm of using a privilege "whitewash" to withhold records concerning a 2017 cyberattack on the firm's network, telling a D.C. federal judge that its former client's failed bid to compel discovery in his $50 million malpractice suit was based on an inaccurate narrative.

  • November 20, 2020

    Dems Propose DHS Overhaul, Reining In 'Acting' Officials

    Democrats on the House Homeland Security Committee unveiled legislation Thursday that would implement wide-reaching, if modest, changes to the U.S. Department of Homeland Security, a major target for progressives during the Trump administration.

  • November 20, 2020

    Cities Tell High Court Immigrants Belong In Census Count

    Cities and counties in Illinois, Texas and California are urging the U.S. Supreme Court to uphold an order blocking a Trump administration directive to exclude unauthorized immigrants from the census count for political redistricting, saying a failure to do so would deprive the cities of crucial representation.

  • November 20, 2020

    Paralegal Admits To Stealing Immigration Firm Clients' Money

    A Los Angeles paralegal has pled guilty to defrauding clients of local immigration law firms of nearly $200,000 by pocketing their payments for legal services to bankroll her personal expenses, according to an announcement by the U.S. Department of Justice.

  • November 19, 2020

    State Dept.'s Fiancé Visa Suspensions Deemed Unlawful

    The U.S. Department of State can't suspend K-1 fiancé visa processing during the COVID-19 pandemic, a D.C. federal judge ruled on Thursday, but declined to order speedier visa adjudication for more than 150 U.S. citizens and their partners.

  • November 19, 2020

    Tata Workers Tell 9th Circ. Bad Jury Instructions Tanked Trial

    Former Tata Consultancy Services Ltd. workers have urged a Ninth Circuit panel to toss a California jury's verdict that the India-based information technology outsourcing agency did not discriminate against non-South Asian workers in the U.S., arguing Thursday that the district court gave erroneous jury instructions.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 3 Fed. Circ. IP Cases For Gov't Contractors To Watch

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    Nathaniel Castellano at Arnold & Porter discusses recent oral arguments at the Federal Circuit in three cases — Boeing v. Secretary of the Air Force, Bitmanagement Software v. U.S. and Harmonia Holdings v. U.S. — and the broad implications the decisions will have on government contractors and agencies dealing in proprietary data and software.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • What To Expect From DOJ Enforcement Under Biden

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    Companies shouldn't fear a rapid uptick in overall corporate enforcement actions by the U.S. Department of Justice under a new Democratic administration, but should anticipate a shift in focus away from immigration cases toward COVID-19-related fraud and civil rights reform, say Sandra Moser and Kenneth Polite at Morgan Lewis.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • How Biden Might Dismantle Trump-Era Regulations

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    The Biden administration will likely take swift action to undo regulatory actions from the past four years with a variety of tools, including executive orders, the Congressional Review Act and legal challenges under the Administrative Procedure Act, say attorneys at Jenner & Block.

  • Opinion

    Congress Should Take Responsibility For Immigration Reform

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    Lawmakers should stop relying on White House stopgap measures and drive systemic immigration reform by reassessing the current quota system, increasing family and employment-based visas, and creating a simplified temporary worker program to fill agricultural and skilled labor positions, says Rosanna Berardi at Berardi Immigration.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • What The Sports Industry Can Expect Under Biden

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    At the start of President-elect Joe Biden's administration, the sports industry should be prepared to comply with significant policy changes on hot-topic issues like COVID-19 management, immigration, and equality, diversity and inclusion in the workplace, says Elizabeth Polido at Morgan Lewis.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

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