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Immigration
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March 18, 2024
Justice Alito Blocks Texas' Migrant Arrest Law Indefinitely
U.S. Supreme Court Justice Samuel Alito on Monday once again prevented Texas from implementing a new law allowing state officials to arrest and deport migrants, issuing an order that will keep the law on ice until the court rules further.
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March 18, 2024
Lack Of Permanent Workers Dooms Bid For H-2B Kitchen Staff
A staffing firm's admission that it doesn't have employees in North Carolina undermined its request to temporarily hire 75 foreign workers to staff a North Carolina restaurant, according to a recent decision from a U.S. Department of Labor administrative law judge.
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March 18, 2024
Farmers Seek Quick Win In H-2A Suit Against DOL
Visa-filing agency USA Farm Labor Inc. and a slew of farms and ranches said the attorney general didn't approve the U.S. Department of Labor's rule regulating wages for foreign H-2A farmworkers, urging a North Carolina federal judge to hand them a win.
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March 15, 2024
Judiciary Clarifies Judge Shopping Policy After Senator Letter
The Judicial Conference of the United States said Friday that its updated policy aimed at preventing litigants from shopping for the judge of their choice is not intended to overstep judges' authority or discretion under the law, issuing guidance one day after Republican senators pushed back against the policy.
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March 15, 2024
NYC Settles Its Challenge Of 'Right-To-Shelter' Mandate
New York City and the Legal Aid Society have settled the city's legal challenge of the "right-to-shelter" mandate that requires shelter to be provided to any homeless person in the city, according to a stipulation filed Friday in New York state court.
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March 15, 2024
Foreign Investors Say New Ruling Supports EB-5 Visa Bid
A group of foreign investors seeking EB-5 visas told the D.C. Circuit on Friday that a recent district court decision opens the door for the appeals court to review a policy they contend wrongly prevented them from obtaining visas immediately.
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March 15, 2024
DOL Fights Fishery's Bid To Unveil Migrant Worker Identities
The U.S. Department of Labor is fighting an attempt by a Mississippi fishery to uncover the identities of temporary foreign workers who claim they were retaliated against during a wage investigation, urging a federal judge to prohibit their disclosure.
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March 15, 2024
CBP Sued For Info On Alleged Outdoor Border Detention Sites
Two organizations that support asylum-seekers and other migrants have sued U.S. Customs and Border Patrol in California federal court, seeking information about what they say are squalid CBP-controlled open-air migrant detention sites along California's southern desert border.
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March 14, 2024
Russian's Asylum Delay Suit Survives Dismissal Effort In Fla.
A Russian national's legal efforts to speed up his 4-year-old asylum application survived a dismissal bid from the Biden administration, after a Florida federal court found the asylum-seeker had plausibly alleged his application had been unreasonably delayed.
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March 14, 2024
Ga. Farm Retreat Fails to Back H-2B Bid With Growing Season
An administrative law judge on Wednesday shot down a Georgia farm retreat's bid to temporarily hire foreign employees during the Peach State's growing period, saying in two decisions that the employer failed to show that either of the job positions were seasonal.
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March 14, 2024
Judge OKs Exclusion Of Late Evidence In Deportation Fight
An appellate immigration judge on Thursday ruled that evidence an El Salvador man fighting deportation submitted after a filing deadline was correctly excluded, saying a statute that would've allowed the late evidence only applied to individuals in expedited removal proceedings.
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March 14, 2024
Atty Rips Fox Rothschild's Gag Order Bid As 'Temper Tantrum'
The attorney for two men suing Fox Rothschild LLP for malpractice has hit back against the firm's request for a gag order — which came after he called the firm a "corrupt organization" and threatened criminal prosecution — calling it a "temper tantrum" and claiming Fox Rothschild is merely trying to distract from the events that led him to make those comments.
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March 14, 2024
Fla. Atty Disbarred For Practicing Law After Suspension
The Florida Supreme Court has disbarred an immigration attorney for practicing law while he was suspended after an investigation found he inappropriately texted and then fired women he worked with as an elected public defender.
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March 14, 2024
In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit
Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.
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March 13, 2024
CoreCivic Beats Asylum-Seeker's Miscarriage Liability Suit
A California federal judge handed CoreCivic Inc. a win Tuesday in a negligence lawsuit filed by an El Salvadorian asylum-seeker who alleged she miscarried while detained at the prison giant's immigration detention center near the U.S.-Mexico border, finding there to be no triable factual dispute over whether she miscarried in custody.
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March 13, 2024
Shipbuilder Created For One Project Can't Get H-2B Staff
A company created solely for one shipbuilding project can't hire dozens of foreign shipbuilders to fulfill the contract, after failing to convince a U.S. Department of Labor judge that its labor needs weren't permanent.
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March 13, 2024
Don't Let Texas 'Rewrite' Immigrant Arrest Law, SG Tells Justices
The Biden administration has told the U.S. Supreme Court that Texas is trying to recast a law allowing the state to arrest and deport immigrants in a more palatable light when it argued for the first time it doesn't require removal.
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March 13, 2024
New Co.'s Lack Of Records Dooms Bid For H-2B Truck Drivers
A U.S. Department of Labor appeals board has upheld the denial of a transportation company's request for drivers under the H-2B visa program, ruling the company's payroll records and sales summaries did not prove a need for foreign, temporary workers.
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March 13, 2024
EB-5 Suit Says Hotel Project Tricked Non-English Speakers
A real estate investment company is facing a proposed class action in California federal court alleging it took advantage of immigrant investors' limited English by fraudulently making them agree that the company and an Embassy Suites project could keep their investments indefinitely.
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March 12, 2024
Judiciary Touts New Policy To Rein In Judge Shopping
The Judicial Conference of the United States on Tuesday said it has updated a policy on random case assignments to ensure litigants can't shop for the judge of their choice by going to a one-judge division of a district court.
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March 12, 2024
Texas' Migrant Arrest Law Faces New Suit, Now By Individuals
Texas residents and a local nonprofit on Tuesday challenged the constitutionality of a new Texas law allowing state officers to arrest and deport migrants, the same day the U.S. Supreme Court imposed a second temporary pause on the law.
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March 12, 2024
Judge Lets Feds Appeal 'Novel' Issues In Asylum Bond Suit
A Washington federal judge allowed federal immigration agencies to seek the Ninth Circuit's opinion on whether the district court can hear a class of asylum-seekers' lawsuit alleging deprivation of bond hearings, saying jurisdictional and constitutional issues in the case seem novel.
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March 12, 2024
Judge OKs Deal Ending DACA Holders' Lending Bias Suit
A California federal court gave the all-clear for a $120,000 settlement to resolve claims that a credit union unlawfully denied loans to unauthorized immigrants with Deferred Action for Childhood Arrivals status, including one of its former employees.
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March 12, 2024
Alito Again Delays Effective Date Of Texas' Migrant Arrest Law
U.S. Supreme Court Justice Samuel Alito on Tuesday again barred Texas from immediately arresting and deporting migrants under a new state law, ordering a five-day pause of a Fifth Circuit order allowing the law to take effect.
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March 11, 2024
Texas Fights Bid To Block Migrant Arrest Law At High Court
Texas on Monday urged the U.S. Supreme Court to deny the Biden administration's bid to vacate an administrative stay issued by the Fifth Circuit and allow the Lone Star State's immigration law to take effect, saying it's the first line of defense "against transnational violence" caused by the federal government's inaction.
Expert Analysis
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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New Fla. Immigration Law May Have Crippling Effects
Florida's new immigration law, which went into effect on July 1, will be especially burdensome in industries where retaining adequate staff is already an issue, so employers must assess their staff and thoroughly examine their employee records to check that all documentation is valid to avoid crippling fines and loss of licenses, says Trent Cotney at Adams and Reese.
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A Blueprint For Addressing The Immigration Court Backlog
Since 2009, far more persons have been placed in removal proceedings than U.S. immigration courts could accommodate, but the government can reduce the 1.9 million-case backlog with steps that include reforming the court and the broader immigration system in a way that still prioritizes both due process and immigration enforcement, says Donald Kerwin at the Center for Migration Studies.
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How Multiagency Sanctions Enforcement Alters Compliance
Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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H-1B Registration System Is Broken But Not Beyond Repair
Recent U.S. Citizenship and Immigration Services statistics confirm that the H-1B registration system, the primary path to U.S. employment for high-skilled foreign nationals, is in dire straits, but ongoing transparency, a willingness to seek input from stakeholders and thoughtful regulatory reforms could ensure its continued viability, say attorneys at Berry Appleman.
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A Midyear Look At Expected Changes In Business Immigration
While legislative immigration reform remains a nonstarter this year, U.S. businesses and their advisers should keep an eye on agency-level regulatory efforts that are underway, which may bring significant changes to filing fees, employment verification, visa renewal processing and more, says Rami Fakhoury at Fakhoury Global.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Pugin Ruling Lowers Bar For Felony-Based Deportation
The U.S. Supreme Court's recent decision in Pugin v. Garland that an offense may constitute an obstruction of justice aggravated felony, even when an investigation or proceeding is not pending, may allow the government to seek deportation for other low-level offenses never intended to be grounds for felony-based deportation, says Peter Alfredson at Capital Area Immigrants' Rights Coalition.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.