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Immigration
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March 22, 2024
2nd Circ. Revives Case Against Man Held By ICE Despite Bail
The Second Circuit said Friday a Brooklyn federal judge overstepped by tossing a case against a Dominican man who was detained by Immigration and Customs Enforcement after being granted bail in an illegal-reentry case, disagreeing with the judge's finding that the government was merely trying to thwart a court order.
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March 21, 2024
Texas Detention Sites Held Migrants Too Long, Report Says
The U.S. Department of Homeland Security's Office of Inspector General published the results Wednesday of unannounced inspections last year of six Customs and Border Protection short-term detention sites in Texas' Rio Grande Valley, finding that certain centers were overcapacity, detained immigrants longer than recommended and had multiple data integrity issues.
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March 21, 2024
Schumer Urges Texas District To Adopt Judge-Shopping Rule
Senate Majority Leader Chuck Schumer on Thursday urged the chief judge of the Northern District of Texas to quickly implement the Judicial Conference of the United States' updated policy that looks to prevent litigants from judge shopping, arguing that the district's current practices are "dangerous."
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March 21, 2024
Mexico Slams Texas Migrant Law As State-Sanctioned Bias
The government of Mexico denounced Texas' law empowering state officials to arrest and deport immigrants, telling the Fifth Circuit on Thursday that allowing the law to take effect would result in "state-sanctioned acts of bias" against its citizens.
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March 21, 2024
Suit Fighting DC Law That Lets Noncitizens Vote Is Tossed
The District of Columbia Board of Elections escaped a lawsuit accusing it of infringing U.S. citizens' right to vote by allowing certain noncitizens to vote in local elections after a federal judge ruled that the plaintiffs failed to show that they'd been harmed.
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March 21, 2024
Rock Quarry's H-2B Bid Fails Over Qualification Requirement
The Board of Alien Labor Certification Appeals has affirmed that a Texas rock quarry's application for 10 rock splitters and quarry workers through the temporary H-2B foreign worker program was rightfully denied because the company's six-month experience requirement wasn't justified.
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March 21, 2024
Bus Co. Will Halt Immigrant Transport To NY During Litigation
Transportation company Roadrunner Charters will stop transporting immigrants from Texas to New York City during a lawsuit in which the city's Department of Social Services is trying to recoup $708 million for providing emergency services to the new arrivals.
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March 21, 2024
New Suit Aims To Block Immigration Fee Hikes
The Biden administration is facing a new lawsuit over its controversial immigration fee increases for employers, with an immigrant investor, an investors' advocacy group and a technology trade group alleging the administration failed to adequately justify the fee hikes.
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March 20, 2024
Feds Say Conflict Zones Irrelevant To Diversity Visa Process
The Biden administration countered a push from winners of the 2020 diversity visa lottery to speed up green card processing, telling a D.C. federal court that ongoing conflicts in the lottery winners' home countries — including Afghanistan, Ukraine and Sudan — have no bearing on their visa applications.
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March 20, 2024
Texas Struggles To Explain Arrest Law Specifics To 5th Circ.
Texas was scant on details as Fifth Circuit judges questioned how it would enforce its law authorizing the arrest and removal of immigrants, while pushing Wednesday for at least parts of the statute to go into immediate effect.
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March 20, 2024
NC Printing Co. Settles DOJ Citizenship Discrimination Claim
A North Carolina printing company has settled allegations leveled by the Justice Department that it unlawfully discriminated against a worker based on her citizenship status.
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March 20, 2024
Republican Bill Targets Colleges Hiring Unauthorized Workers
Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Schumer Scolds McConnell For Judge-Shopping Policy Rebuff
Senate Majority Leader Chuck Schumer on Tuesday lauded the Judicial Conference's updated policy on random case assignments to prevent litigants from judge-shopping, saying that Senate Minority Leader Mitch McConnell is pushing back against the policy since it'd make it tough for hard-right partisans "to hijack our courts for their purposes."
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March 19, 2024
Fishery Says DOL Stonewalling Discovery In H-2A Probe
The U.S. Department of Labor can't strategically walk away from discovery obligations in a suit accusing a Mississippi fishery of threatening to deport workers if they cooperate in a wage investigation, the fishery said, arguing it won't have a chance to properly defend itself.
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March 19, 2024
GEO Fights Wash. Bid For State Inspectors' Entry Into ICE Jail
GEO Group is pushing back against Washington state's request for a preliminary injunction forcing the private prison operator to let inspectors into a Tacoma-area immigrant detention facility, saying the suit is likely to flop, especially given a federal judge's recent decision to partially suspend the state law regulators have relied upon to get inside.
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March 19, 2024
Texas' Border Buoy Argument 'Flummoxes' Austin Judge
A Texas federal judge said Tuesday that he "can't imagine" Congress would agree with the state's position that a federal statute governing navigable waters doesn't authorize actions against Texas over its anti-migrant barrier, and suggested the case is likely headed for the U.S. Supreme Court.
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March 19, 2024
Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor
The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
Migrant Arrest Law On Hold Again Pending 5th Circ. Hearing
Texas' Senate Bill 4 authorizing immigrant deportations by state and local law enforcement is on ice again — just hours after the U.S. Supreme Court let it take effect, only to be followed by the Fifth Circuit restoring a hold on the law and scheduling a hearing for Wednesday morning.
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March 19, 2024
Justices Say Courts Can Review Immigration Hardship Denial
The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.
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March 19, 2024
High Court Won't Moot Suit Over Rescinded No-Fly Listing
The U.S. Supreme Court ruled Tuesday that the federal government cannot moot a challenge to an individual's placement on the federal no-fly list by removing the person from the list, in the absence of a definite declaration that the government will not return them to the list in the future.
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March 18, 2024
Attys Says Haitians Must Be Protected From Deportation
The White House must extend temporary protected status for Haitians currently living in the United States well before that protection expires in August due to spiraling violence in the Caribbean country, the American Immigration Lawyers Association has told the Biden administration.
Expert Analysis
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Litigation Can Facilitate EB-5 Investor Visa Determinations
Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.
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3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense
The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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USCIS Can Take On The Semiconductor Workforce Gap Now
While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Opinion
OFAC Designation Prosecutions Are Constitutionally Suspect
Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Employer Considerations For New I-9 Virtual Verification
A recently implemented Form I-9 option modernizes the process of employment eligibility verification by making pandemic-era virtual verification permanent, though employers will need to understand the option’s procedures and requirements to ensure compliance with all immigration laws, say attorneys at Littler.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.