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Immigration
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March 11, 2024
Biden's 2025 Budget Seeks More Border Funds, Again
The White House unveiled its $7.3 trillion fiscal year 2025 budget Monday, which includes more than $62 billion for the U.S. Department of Homeland Security, some of which would fund initiatives Congress has so far rebuffed President Joe Biden on.
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March 11, 2024
Wash. Law Aimed At GEO's Migrant Facility Partially Barred
A Washington federal judge has halted the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying that a statute authorizing those actions unlawfully discriminates against GEO Group Inc., the facility's operator.
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March 11, 2024
Texas Judge Doubts Paxton's Motive For Shutting Nonprofit
An El Paso, Texas, judge on Sunday put the brakes on Texas Attorney General Ken Paxton's bid to immediately shut down a Catholic nonprofit he has accused of smuggling or harboring migrants, raising questions about Paxton's motives.
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March 08, 2024
Biden Administration Must Use Border Wall Funds, For Now
A Texas federal judge on Friday ordered the Biden administration to use funds Congress specifically designated for the Southwest border wall to continue construction, issuing a preliminary injunction and finding that Texas and Missouri could face substantial harm to their state budgets without the injunction.
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March 08, 2024
Dems Say DHS Watchdog Trying To Evade Their Oversight
House Democrats on Friday said Republican leaders must renounce the U.S. Department of Homeland Security inspector general's claim his leadership isn't being investigated, saying the watchdog head was seemingly trying to shield himself — "in vain" — by claiming to be a whistleblower.
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March 08, 2024
H-1B Season Opens With Mix Of Optimism And Apprehension
A mixed aura of optimism and uncertainty greets the new H-1B season as immigration attorneys express hope that an overhauled lottery process will help level the playing field, while concerns simultaneously loom about how impending fee increases will impact smaller companies.
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March 08, 2024
Explain Prince Harry's US Visa Records, Judge Orders DHS
A D.C. federal judge will review information concerning Prince Harry's U.S. visa records in private to decide if the federal government can withhold records a conservative think tank claims may reveal whether the British royal got special immigration treatment.
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March 08, 2024
Migrant Parole Program Survives GOP States' Challenge
A Texas-led coalition of states lost their bid to challenge a Biden administration program letting Cubans, Haitians, Nicaraguans and Venezuelans temporarily work in the U.S., after a federal judge ruled Friday they lack standing to sue over the program.
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March 08, 2024
Weather Data Revives Lumber Co.'s H-2B Visa Application
An Illinois lumber company's weather reports had helped prove it would face labor shortages during the warmer seasons, a U.S. Department of Labor judge ruled, ordering a certifying officer to revisit the company's request to hire eight seasonal workers.
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March 07, 2024
Biden Blasts 'Hidden Fees' During State Of The Union
During what could be his last State of the Union, President Joe Biden touted on Thursday night his administration's efforts to protect consumers by combating such issues as "junk fees" and price gouging.
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March 07, 2024
House Backs Migrant Detention Bill After Ga. Student Death
The U.S. House of Representatives on Thursday passed legislation that would require the federal government to take into custody undocumented migrants accused of theft, a bill that was crafted in the wake of the killing of a University of Georgia student last month.
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March 07, 2024
9th Circ. Gives Salvadoran Woman 2nd Chance At Asylum
A Ninth Circuit panel unanimously ruled that the U.S. Board of Immigration Appeals must assess the Salvadoran government's ability to protect a woman facing deportation after seeking asylum, saying the agency had only determined that the government was willing to pursue her persecutors.
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March 07, 2024
GOP States Seek To Save Biden's Asylum Limits Rule
Several Republican attorneys general said Thursday their states should get the opportunity to intervene in the Biden administration's attempt to settle a lawsuit over a rule limiting asylum, saying the rule actually helps states deal with unlawful immigration.
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March 07, 2024
9th Circ. Says Board Ignored Salvadoran's Testimony
The Ninth Circuit has ordered the Board of Immigration Appeals to reconsider whether deporting a Salvadoran mother and daughter would expose them to state-condoned gang violence, faulting the board for "entirely" failing to address evidence that local police cooperated with gang members.
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March 07, 2024
Long-Distance Truck Drivers Again Found Eligible For H-2B
An administrative law judge has revived a trucking company's bid to temporarily hire foreign drivers, saying the Office of Foreign Labor Certification's answers to frequently asked questions, which a certifying officer relied on when denying the bid, got immigration law wrong.
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March 06, 2024
8th Circ. Rejects Appeal Of Denial Of Pause In Green Card Fight
The Eighth Circuit on Tuesday unanimously rejected a challenge by a group of Indian nationals to a U.S. Citizenship and Immigration Services' refusal to issue final decisions on their status adjustment applications seeking lawful permanent residency, finding the panel lacks subject-matter jurisdiction to hear the case.
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March 06, 2024
Feds Resolve Immigrant Father-Son Border Separation Suit
The U.S. government has finalized a settlement with a Guatemalan father and son to end a $6 million lawsuit alleging federal immigration officers forcibly separated them at the border and blaming the Trump administration's policies for the trauma the two suffered as a result, according to recent court filings.
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March 06, 2024
House Votes To Require DHS Border Contract Reviews
A newly passed bill by the U.S. House of Representatives seeks to ensure accountability of federal contracts for operations and services along the U.S.-Mexico border.
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March 06, 2024
Lottery Winners Say Visa Wait Has Sent Them To The Border
Winners of the diversity visa lottery pressed the Washington, D.C., federal court to order the immediate processing of thousands of green cards, saying visa hopefuls who have waited years to immigrate are now entering through the U.S.-Mexico border instead.
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March 06, 2024
GEO Tries To Keep Immigration Site Inspection Suit In Fed Court
Private prison operator GEO Group argued this week that the Washington state labor department's lawsuit accusing GEO of unlawfully turning away inspectors from an immigrant detention facility should stay in federal court since GEO was merely following U.S. Immigration and Customs Enforcement instructions.
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March 05, 2024
Settlement Gets 'Tire Spinning' EB-5 Fraud Suit Unstuck
Winter thawed in a Florida courthouse on Tuesday when the last remaining defendant in a nearly decade-long $50 million investment fraud suit agreed to settle the case, surprising the judge and opposing counsel after refusing for years to strike a deal.
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March 05, 2024
Fed. Circ. Doubts Whether Atty Fee Suit Has Legs
The Federal Circuit didn't seem convinced Tuesday morning that a U.S. Court of Federal Claims order overturning an attorney fee award was even ripe for appeal, but by the end of oral arguments, the panel's ire was drawn toward an eleventh-hour challenge to jurisdiction.
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March 05, 2024
DocGo Hit With Investor Suit Over 'Limitless' Charter Clause
A mobile-healthcare company under scrutiny after being awarded a $432 million contract to provide services for migrants in New York City has been hit with a stockholder suit in Delaware's Court of Chancery alleging that the company's charter contains "broad and limitless" provisions that run afoul of state corporate law.
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March 05, 2024
8th Circ. Says Minor's Duress From Gang Can't Aid Asylum Bid
The Eighth Circuit has refused to overturn an immigration judge's decision denying asylum to a Honduran man who trafficked guns and drugs for MS-13 as a child, finding that his counsel didn't show how duress was linked to the asylum claim.
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March 05, 2024
ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case
A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.
Expert Analysis
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Tips For Establishing Associational Standing
Based on recent D.C. Circuit decisions, it's no longer a foregone conclusion that trade associations and other coalitions can demonstrate standing to challenge agency actions simply by asserting their members are affected, but additional efforts to explain how members meet the standing requirements can make a difference, say attorneys at Crowell & Moring.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
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Immigration Developments For Employers To Watch
Major reform is a nonstarter with Congress divided, but changes to visa programs for skilled workers, employee verification and the Deferred Action for Childhood Arrivals program are among the significant immigration trends that will unfold in the coming months, says Eileen Lohmann at BAL.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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118th Congress: Investigative Tools And Potential Defenses
As federal lawmakers’ investigative priorities for this term become clearer, potential subjects of congressional investigations must understand the tools at Congress’ disposal, as well as their own available defenses, to effectively navigate these inquiries, say attorneys at Gibson Dunn.
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118th Congress: Investigative Priorities And Rule Changes
Attorneys at Gibson Dunn lay out what companies and individuals can expect with regard to congressional investigations in the 118th Congress, from political priorities to new rules and authorities.