Immigration

April 18, 2024
Feds Say Texas' Asylum Fight Must Go After La. Suit Got Axed

The Biden administration told a Texas federal judge Wednesday that the Lone Star state's lawsuit challenging a Biden administration rule broadening immigration officers' power to expedite asylum applications must be tossed in light of a recent decision in Louisiana throwing out nearly identical claims lodged by 19 Republican-led states.
April 18, 2024
DHS Watchdog Finds Use Of Force Issues In Fla. ICE Facility

Officers at a U.S. Immigration and Customs Enforcement detention facility in Miami used inappropriate force on detainees, including pepper-spraying a harmless and isolated individual through a slot in a cell door, according to a government watchdog report.
April 18, 2024
Immigrant Sues USCIS Over Denial Of I-130 Bids For Children

A naturalized U.S. citizen sued the U.S. Citizenship and Immigration Services on Wednesday, demanding the agency reverse a decision that she said improperly denied her I-130 petitions for permanent residency for her four children.
April 17, 2024
Salvadoran Deported By Mistake Ends Suit Over Injuries Abroad

A Salvadoran man who was wrongly deported by U.S. Immigration and Customs Enforcement has ended his suit over the abuse he suffered in a Salvadoran prison, after reaching a settlement with the federal government, according to Massachusetts federal court documents.
April 17, 2024
Lack Of Standing Sinks GOP States' Asylum Policy Challenge

A Louisiana federal judge dismissed Republican-led states' lawsuit attacking a Biden administration rule that facilitates the quick adjudication of asylum applications at the border, saying the states failed to link an alleged increase in asylees to increased public benefit costs.
April 17, 2024
Senate Dems Make Short Work Of Mayorkas Impeachment

Senate Democrats on Wednesday followed through on a promise to quickly dismiss articles of impeachment against U.S. Department of Homeland Security Secretary Alejandro Mayorkas, sidestepping a trial despite Republican opposition and attempts to postpone the proceedings.
April 17, 2024
WashU Medical School Settles Claims Of Asylee Bias, Firing

The Washington University School of Medicine in St. Louis has settled claims that it fired a worker who complained that he was being forced to prove he held asylum, according to the U.S. Department of Justice.
April 16, 2024
GEO Asks Judge To Again Bar NJ Immigration Detention Law

GEO Group has asked a New Jersey federal judge in a new complaint to enjoin enforcement of a state law prohibiting private detention facilities from contracting with federal immigration authorities, saying the judge had already barred the law's enforcement against a fellow prison operator, CoreCivic.
April 16, 2024
7th Circ. Open To Religious Workers' Visa Rule Challenge

Religious institutions trying to revive their challenge to a visa regulation they contend unfairly strips work authorization from foreign ministers seemed to strike a chord with a Seventh Circuit panel on Tuesday, which suggested the rule might disadvantage religious workers.
April 16, 2024
Son's Health Issues Not Enough To Prevent Dad's Deportation

A father could not convince the Tenth Circuit on Tuesday that his son's medical and educational issues warranted reopening his deportation case, his efforts to stay in the country undercut by evidence that the boy's condition was treatable.
April 16, 2024
Judge Won't Rethink Wash. ICE Detention Hygiene Bill Injunction

A Washington federal judge stood by his month-old ruling that blocked the state from conducting surprise inspections at an immigration detention facility, saying the state hadn't shown that his decision was legally incorrect.
April 16, 2024
Credit Union And 'Dreamers' Get Initial OK To Settle Bias Suit

A California federal judge preliminarily approved a settlement offering cash to individuals who accused Alliant Credit Union of denying them loans for being asylum claimants, recipients of the Deferred Action for Childhood Arrivals program or dependents of employment-based visa holders.
April 15, 2024
Gov't Says Mich. Court Lacks Authority Over U-Visa Delay Suit

The federal government on Friday urged a Michigan federal court to toss a proposed class action alleging unreasonable decision delays in U-visa petitions, saying the court wouldn't be able to cure the visa-seeking plaintiffs' alleged harm of being unable to work.
April 15, 2024
Counties Say Colo. Can't Limit Their Cooperation With ICE

Two Colorado counties filed a lawsuit Monday challenging state laws that restrict how local governments can work with federal immigration authorities, arguing that the state constitution forbids such interference with a local government's ability to cooperate with the federal government.
April 15, 2024
Bond Co. Asks For Life-Saving Pause On $811M Fine

Immigration bonding company Libre by Nexus Inc. has begged a Virginia federal court for more time to pay an $811 million judgment for predatory bonding practices, saying it would collapse if forced to pay before it can execute its transfer to a new owner.
April 15, 2024
Feds Tells Justices US Citizen Lacks Interest In Spouse's Visa

The U.S. State Department told the U.S. Supreme Court on Friday that U.S. citizens don't have a constitutional right to know why consular officers deny their spouses' visas, saying that any requirement to provide an explanation would raise national security concerns.
April 15, 2024
Justices Revive 7 Immigration Appeals After Hardship Ruling

The U.S. Supreme Court on Monday granted certiorari in seven cases and remanded all of them in light of its recent ruling that circuit courts have the authority to review hardship determinations in immigration appeals.
April 15, 2024
Justices Won't Hear Challenge To Wash. Voting Rights Law

The U.S. Supreme Court declined Monday to consider whether Washington's voting rights law made race the predominant factor in redistricting, in a case involving a rural county with a slim majority of Latino voters.
April 12, 2024
GEO Seeks Wash. ICE Detention Law's Permanent End

Private prison operator GEO Group Inc. told a Washington federal court judge that the fact the court found parts of a law aimed at improving private prison standards unconstitutional meant the court should permanently bar the law's enforcement.
April 12, 2024
Berry Appleman Faces Disability Bias Suit By Ex-Tech Lead

Global immigration law firm Berry Appleman & Leiden is facing a disability discrimination suit filed Friday in Texas federal court by its former software tech lead, who says the firm set him up to fail when he sought reasonable accommodations for a coding project due to side effects from his medication.
April 12, 2024
House To Retry Spy Bill After Warrant Measure Fails By 1 Vote

The U.S. House of Representatives on Friday voted to reauthorize government surveillance of foreigners without warrants, only to have a Florida Republican call for a reconsideration vote for Monday to require warrants for spying on Americans' communications caught up in the surveillance.
April 12, 2024
Split 6th Circ. Orders BIA To Rethink Iraqi Man's Asylum Bid

A divided panel of the Sixth Circuit has published an opinion ruling that the U.S. Board of Immigration Appeals did not properly consider new evidence in an Iraqi man's asylum petition under the Convention Against Torture, with one judge dissenting to say the board did not abuse its discretion.
April 12, 2024
SEC Says Developer Pulled EB-5 Funds From Nursing Homes

The U.S. Securities and Exchange Commission accused a Las Vegas developer of using $10 million raised by overseas investors hoping to immigrate to the U.S. to pay down a loan for a project unconnected to their immigration applications.
April 12, 2024
Feds Say Texas' Razor Wire Blocks Immigration Enforcement

The Biden administration urged a Texas federal court to toss the Lone Star State's lawsuit to maintain barbed wire fencing along the border with Mexico, saying the barrier prevents border agents from arresting individuals crossing unlawfully and providing emergency aid to migrants in distress.
April 11, 2024
Iowa Makes Illegal U.S. Reentry A State Crime

Iowa Gov. Kim Reynolds has signed into law a bill that will let state police arrest individuals suspected of having entered the country illegally, raising the prospect of another legal battle over the federal government's jurisdiction over immigration affairs.

Expert Analysis

4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
Perspectives

Immigration Detention Should Offer Universal Legal Counsel

Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
What's Ahead For Immigrant Employee Rights Enforcement

The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
How Int'l Student-Athlete Law Would Change The NIL Game

Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
How AI Executive Order Aims To Compete For Foreign Talent

Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.