Immigration

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • March 11, 2024

    9th Circ. Orders 2nd Look At Zambian Woman's Asylum Bid

    The Ninth Circuit on Monday revived a Zambian woman's asylum bid lodged for fear of being persecuted over her sexual orientation, saying the Board of Immigration Appeals didn't properly evaluate claims she'd previously been persecuted in Zambia for being a lesbian.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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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Expert Analysis

  • Fla. Foreign Real Estate Law Brings Broad Investment Risks

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    Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.

  • Roundup

    Inside Immigration Court

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    In this Expert Analysis series, immigration judges discuss best practices for attorneys who appear before them and important developments in immigration court practice.

  • Opinion

    Federal Law Should Recognize And Protect Stateless People

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    The government should protect the 200,000-plus people living in the U.S. with no recognized claim to citizenship under any country's laws by defining statelessness, providing benefits like green card eligibility and a path to citizenship, and issuing guidelines for federal officers evaluating statelessness cases, say Samantha Sitterley at United Stateless and Charles Johnson at Akin Gump.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • Series

    Inside Immigration Court: The Pros, Cons Of Remote Hearings

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    Technology introduced during the pandemic has improved the quality and efficiency of virtual immigration court hearings, but concerns still linger over the court system's ability to provide full and complete simultaneous interpretation in these hearings, as well as its effect on due process, says Immigration Judge Mimi Tsankov.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • New Foreign Labor Certification Form Brings Complications

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    Ambiguities in a question on the Office of Foreign Labor Certification's new application for permanent employment certification could serve as a trap for attorneys and sponsoring employers, as it's unclear how it will be interpreted by both the OFLC and the U.S. Citizenship and Immigration Services, says Michael Morton at Fakhoury Global.

  • Ensuring I-9 Compliance As Remote Flexibility Sunsets

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    Employers that took advantage of remote document inspection in their I-9 employment eligibility verification processes under COVID-19 accommodations must physically reinspect such documents and make other adjustments to bring their records into compliance before Aug. 30, say attorneys at Duane Morris.

  • A Lawyer's Guide To Approaching Digital Assets In Discovery

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    The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

  • Opinion

    High Court's Ethics Statement Places Justices Above The Law

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    The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

  • Series

    Inside Immigration Court: Making The Case For Bond Release

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    Immigration Judge Samuel Cole offers a guide to help attorneys practicing in immigration court — against a backdrop of high stakes and fast-moving dockets — better prepare for bond hearings, so proceedings run more smoothly and with less delay.

  • Opinion

    Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

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