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Immigration
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March 04, 2024
5th Circ. Order May Let Migrant Arrest Law Take Effect
The Fifth Circuit on Saturday stayed a federal judge's injunction on a Texas law that authorizes the arrest and deportation of migrants, but gave the Biden administration one week to convince the U.S. Supreme Court to consider the case.
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March 01, 2024
Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed
A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.
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March 01, 2024
Wash. Seeks Injunction To Force GEO ICE Prison Inspections
The Washington state labor and health departments have urged a Washington federal judge to compel GEO Group to let inspectors inside a Seattle-area immigrant detention facility, saying the private prison giant will otherwise continue to block entry and keep regulators from investigating complaints about unsafe and unsanitary conditions.
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March 01, 2024
Afghan Allies' Visa Processing On The Rise, Watchdog Says
The U.S. Department of State was able to increase the number of special immigrant visas issued to Afghan allies during the last months of 2023, the U.S. Department of Defense watchdog recently reported.
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March 01, 2024
Iowa Co.'s Ongoing Need For Workers Sinks H-2B Bid
A U.S. Department of Labor appeals board backed the department's denial of a pre-engineered building manufacturer's bid to temporarily hire 25 foreign workers, saying the Iowa company failed to show that its need for the workers was indeed temporary.
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March 01, 2024
GOP Subpoena Of Mayorkas Is Media Grab, DHS Says
The U.S. Department of Homeland Security says the House Republicans' recent subpoena of its secretary for documents and communications related to the U.S.-Mexico border is just a grab for press attention.
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March 01, 2024
Fla. Judge Resigns Amid Ethics Charges Over Ex Parte Chat
A Florida state judge has resigned, ending an ethics case triggered by his allegedly biased ex parte comments to a prosecutor following a Zoom hearing in August.
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February 29, 2024
Veteran Journalist Held In Contempt For Not Divulging Source
A D.C. federal judge on Thursday found veteran journalist Catherine Herridge in civil contempt of his order to reveal her sources for a series of stories she wrote while at Fox News about a Chinese American scientist who was the subject of a federal investigation.
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February 29, 2024
Attys Seek To Get Migrant Kids Out Of 'Unsafe' Open-Air Sites
A group of human rights organizations urged a California federal court on Thursday to compel the Biden administration to move migrant children out of open-air detention sites along the border, saying the children have been forced to shelter in "extraordinarily unsafe and unsanitary" conditions including portable toilets, dumpsters and trash-filled filled tarps to escape the elements.
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February 29, 2024
Texas Hotel Co. Denied H-2B Workers For National Guard Influx
The Board of Alien Labor Certification Appeals has ruled that a hotel management company seeking foreign housekeepers and cleaners to work in hotels housing National Guard soldiers deployed to the border failed to show they temporarily needed the H-2B workers.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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EB-5 Reform Continues To Weigh Heavily On Participants
Recent U.S. Citizenship and Immigration Services guidance helps clarify aspects of the 2022 EB-5 Reform and Integrity Act, which increased oversight of EB-5 regional centers, but does not end the industry's continuing state of uncertainty, says Robert Divine at Baker Donelson.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Opinion
Student Visas Should Allow Int'l Athletes' NIL Opportunities
The U.S. Department of Homeland Security should heed a recent request by U.S. Sens. Richard Blumenthal and Chris Murphy, Democrats from Connecticut, for changes to visa regulations that would allow foreign student athletes to take full advantage of name, image and likeness opportunities without jeopardizing their immigration status, say Gabriel Castro and Tiffany Derentz at Berry Appleman.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.