Immigration

  • February 29, 2024

    Feds Say High Court Ruling Is Irrelevant To Razor Wire Fight

    The Biden administration told the Fifth Circuit on Thursday that the U.S. Supreme Court's recent ruling rejecting its sovereign-immunity defense in Fair Credit Reporting Act litigation "sheds no light" on its fight with Texas over concertina razor-wire barriers the Lone Star State has erected along the U.S-Mexico border.

  • February 29, 2024

    Fox Rothschild Wants Atty Gag Order In NJ Malpractice Suit

    Fox Rothschild LLP asked a New Jersey federal court Thursday to impose a gag order on an attorney who recently called it a "corrupt organization" and threatened criminal prosecution, claiming those comments — made in a malpractice lawsuit over allegedly botched immigration work — are a cynical ploy to extort the firm into "a lucrative settlement."

  • February 29, 2024

    Texas Judge Bars State's Migrant Arrest Law During Litigation

    A Texas federal judge on Thursday slammed the brakes on a Texas law that would allow the state to arrest and deport migrants, ruling that states can't exercise immigration enforcement power without federal permission.

  • February 28, 2024

    Sbarro Worker Appeals 'Prejudiced' Verdict On Rape Claims

    A former Sbarro employee asked the Ninth Circuit on Wednesday to order a retrial on her allegations that she was sexually assaulted multiple times by a manager and co-workers, claiming a jury verdict favoring the company resulted from a trial tainted by prejudicial assertions, improper evidence and defamatory comments toward her and her counsel.

  • February 28, 2024

    Au Pair Agency Can't Arbitrate Wage Claims, Judge Says

    Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.

  • February 28, 2024

    8th Circ. Won't Review Mexican National's Removal Fight

    A divided Eighth Circuit has backed the Board of Immigration Appeals' rejection of a Mexican national's bid to reopen his challenge to a deportation order, finding that his objections to the Department of Homeland Security's deficient notice to appear in immigration court were submitted too late.

  • February 28, 2024

    Hawaii Resort Gets Another Go At Foreign Staff For Golf Club

    A U.S. Department of Labor administrative law judge revived a luxury Hawaiian organization's application for temporary foreign groundskeepers, saying she was convinced that it needed additional staffers for its golf club's grand opening.

  • February 28, 2024

    Feds Fear Unlimited Discovery In Separated Families' Cases

    The Biden administration cautioned an Arizona federal judge against allowing migrant families separated under the Trump administration to obtain deposition transcripts from another family separation case, saying the request set no limits on how much more evidence could be collected.

  • February 28, 2024

    Coats Rose Atty Fired Over Threatening Letter To Judge

    The Texas law firm Coats Rose PC terminated one of its attorneys believed to have sent intimidating messages on firm letterhead to an immigration judge running for a judgeship in the 151st Civil District Court of Harris County, the firm confirmed to Law360 on Wednesday.

  • February 28, 2024

    2nd Circ. Revives Asylum Bid Over Testimony Interruption

    The Second Circuit ruled that an immigration judge wrongly faulted an asylum-seeking Eritrean man for not testifying about being tied up and left outside after being interrogated by the Eritrean military, saying the judge didn't give the man a chance to.

  • February 27, 2024

    7th Circ. Says Renewed Removal Orders Must Wait On CAT

    The 30-day deadline for people with reinstated deportation orders to go to the circuit courts begins once they've completed the agency appeals process, not when U.S. Department of Homeland Security reinstates the removal order, the Seventh Circuit said Tuesday.

  • February 27, 2024

    Texas Escapes Pregnant Worker Law But Not Migrant Funding

    A Texas federal judge on Tuesday blocked the Pregnant Workers Fairness Act from taking effect in the state, ruling that the U.S. House trampled on the U.S. Constitution's quorum requirements when it allowed some lawmakers to vote on the legislation by proxy.

  • February 27, 2024

    Ga. ICE Facility Dismissed From Forced Labor Suit

    A Georgia federal judge on Tuesday allowed an immigration detention facility to escape a proposed class action accusing it of forcing detainees to work for as little as $1 per day after it argued it couldn't be sued under Georgia law.

  • February 27, 2024

    GOP Seeks To Bar DHS From Sending Air Marshals To Border

    Sen. Ted Cruz, R-Texas, introduced legislation on Tuesday that would bar the U.S. Department of Homeland Security from deploying federal air marshals to U.S. borders for border control unless a national immigration crisis has been declared, amid claims that the deployments are stressing resources and making it riskier to fly.

  • February 27, 2024

    Judge Pans 'Voluminous' H-2B Request With Little Explanation

    A U.S. Department of Labor judge called out a landscaping company for expecting the department to sift through 200 pages of documents in support of an application for foreign workers, saying the business should explain the relevance of the documents.

  • February 26, 2024

    Pryor Cashman Adds Immigration Atty To New York Office

    Pryor Cashman LLP added an attorney with experience handling both legal immigration matters and diversity, equity and inclusion, or DEI, efforts to its New York immigration group.

  • February 26, 2024

    Texas Brings High Court Ruling Into Border Wire Removal Suit

    The Lone Star State told the Fifth Circuit that the high court's recent, unanimous decision keeping the federal government on the hook for inaccurate credit reports undermined the Biden administration's claims that its removal of Texas' border wire was protected from court review.

  • February 26, 2024

    AILA Vows Action To Fight Potentially Illegal Asylum Policies

    The American Immigration Lawyers Association warned President Joe Biden that it stands ready to oppose any changes to asylum policy that would be beyond the president's authority and that would violate U.S. and international asylum law.

  • February 26, 2024

    GOP States, Groups Back Texas In Rio Grande Barrier Fight

    Republican-led states and conservative groups have filed briefs supporting Texas in its legal fight with the Biden administration over the 1,000-foot anti-migrant barrier in the Rio Grande, echoing the Lone Star State's argument that it has a constitutional right to defend itself from an "invasion" of migrants from Mexico.

  • February 23, 2024

    Over 150 Orgs Warn Biden Asylum Ban Would 'Stain' Legacy

    More than 150 organizations warned President Joe Biden that his administration was embracing policies that mirror those of former President Donald Trump, citing what they said has been a shift to cruel immigration policies from when Biden first took office.

  • February 23, 2024

    9th Circ. Says Asylum Rightly Denied Over UK Assault Record

    The Ninth Circuit on Friday ruled that a noncitizen was ineligible for asylum, finding reliable the U.S. Department of Homeland Security's evidence that he had sexually assaulted minors while living in the United Kingdom.

  • February 23, 2024

    ABA Report Says Electronic Monitoring Of Migrants Is Punitive

    The electronic monitoring of noncitizens by immigration authorities amounts to a form of detention that imposes a "considerable human toll" on immigrants and their families and may even violate constitutional guarantees of due process, according to a report commissioned by the American Bar Association that was released Friday.

  • February 23, 2024

    Feds Back ICE Contractor In 9th Circ. Detainee Wage Fight

    The federal government told the Ninth Circuit that immigrant detainees at contractor-run facilities aren't covered by state labor laws, backing GEO Group Inc.'s effort to overturn $23.2 million in judgments that found a detainee work program violated Washington's minimum wage law.

  • February 23, 2024

    Post-Conviction Relief Can't Save Immigrant From Removal

    A Kansas state court order vacating an immigrant's theft convictions was found insufficient to undo a deportation order, with the Board of Immigration Appeals saying Friday that the Kansas court hadn't provided a reason for walking back the convictions.

  • February 22, 2024

    Texas Developer Battles DOJ's 1st Predatory Mortgages Suit

    A Texas land developer is fighting back against a high-profile predatory lending lawsuit filed by the U.S. Department of Justice and Consumer Financial Protection Bureau, telling a Houston federal judge that the government's "reverse redlining" theory isn't legally sound and relies on sloppy loan comparisons.

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Expert Analysis

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • 5 Considerations for Year-End Immigration Budget Planning

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    Courtney Noce and Miriam Thompson at Greenberg Traurig offer insights to help companies with year-end immigration budget planning, a complex process with many factors affecting expenses, from changes in corporate policy or structure, to anticipated fee increases and the uncertainties inherent in visa processing.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Tips For Student Visa Applicants Mired In Processing Delays

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    Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

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