Immigration

  • June 17, 2021

    Sens. Advance BigLaw Picks For Fed Circ., DOJ Criminal Div.

    A Senate panel on Thursday easily advanced the nominations of a Perkins Coie partner for the Federal Circuit and a Morgan Lewis partner to lead the Criminal Division of the U.S. Department of Justice.

  • June 17, 2021

    BREAKING: Mistrial Declared In GEO $1-A-Day Wage Suit

    A Washington federal judge ordered a mistrial Thursday after a jury deliberating for over two days could not agree on whether GEO Group wrongly denied minimum wage to thousands of detained immigrants paid $1 a day.

  • June 17, 2021

    3rd Circ. Won't Halt Deportation Of Jamaican Woman

    A split Third Circuit panel on Thursday refused to halt deportation proceedings for a Jamaican woman who pled guilty to defrauding the elderly in a lottery scam, ruling in a precedential decision that she didn't prove she was likely to face retribution from the scam's ringleader if sent back to her native country.

  • June 16, 2021

    DHS Asks Judge Not To Impose Asylum Work Permit Deadline

    The Biden administration has asked a Maryland federal judge to keep intact a Trump-era asylum work rule that gives the U.S. Department of Homeland Security more time to process work permits, saying the increased flow of asylum-seekers justifies the change.

  • June 16, 2021

    Garland Scraps Ex-AGs' Asylum-Restricting Decisions

    U.S. Attorney General Merrick Garland on Wednesday scrapped binding Trump-era opinions that restricted asylum claims from migrants fleeing domestic and gang violence, citing the White House's plans to address asylum eligibility through the regulatory process.

  • June 16, 2021

    HHS Secretary Becerra Defends $132B Budget Request

    In congressional testimony Wednesday on the Biden administration's proposed budget, Health and Human Services Secretary Xavier Becerra emphasized HHS' commitment to women's reproductive health rights, and to boosting funds to fight the coronavirus pandemic and the worsening opioid crisis.

  • June 16, 2021

    States Still Bearing 'Remain In Mexico' Costs, Justices Told

    Texas, Missouri and Arizona told the U.S. Supreme Court on Tuesday that they should be allowed to intervene in a lawsuit over the Trump-era "Remain in Mexico" program despite the Biden administration's move to formally end the policy.

  • June 16, 2021

    Feds Seek To Ax Trump-Era Suit Over 'Public Charge' Docs

    The U.S. Citizenship and Immigration Services urged a Massachusetts federal judge Wednesday to toss a lawsuit accusing it of stonewalling a request for records about a leaked draft of a Trump administration-era "public charge rule" that scared immigrants away from using welfare benefits to which the law entitles them.

  • June 16, 2021

    Cities Rebuff Texas' Bid To Reinstate Public Charge Rule

    Chicago, Los Angeles and other U.S. cities slammed a Texas-led coalition's request that an Illinois judge consider reinstating the public charge rule, which critics described as enacting an immigration wealth test, saying the policy's revival would profoundly impact their immigrant communities.

  • June 15, 2021

    10th Circ. Says Samoan Citizenship Question Not For Courts

    A split Tenth Circuit panel on Tuesday reversed a Utah federal judge's order finding that American Samoans are birthright U.S. citizens, holding that the issue belongs in the hands of Congress, not the courts.

  • June 15, 2021

    GEO Put Profits Before Labor Laws, Jury Hears In Closings

    The state of Washington made its final argument to a jury Tuesday that GEO Group took advantage of detained immigrants as a captive workforce of nearly free labor because the private prison giant felt it was "answerable only to shareholders," not to state law.

  • June 15, 2021

    Biden Admin. Says It Agrees With Groups Fighting Ariz. Deal

    The Biden administration has urged an Arizona federal court to dismiss a lawsuit by three nonprofits challenging a Trump-era agreement allowing Arizona's input on federal immigration policies, saying the administration shouldn't be a defendant when it ultimately wants the same outcome as the groups.

  • June 15, 2021

    Fla. Asks 11th Circ. To Bar Biden Immigration Policies

    Florida on Monday urged the Eleventh Circuit to bar two Biden administration policies temporarily narrowing the migrants prioritized for removal, saying the policies carried the force of law and could be reviewed by the courts.

  • June 15, 2021

    GAO Says Border Wall Funding Freeze Was Legal

    The U.S. Government Accountability Office said Tuesday that a U.S. Department of Homeland Security freeze on border wall construction was legal, distinguishing it from a Trump administration pause on Ukraine military assistance that the watchdog previously found unlawful.

  • June 15, 2021

    Biden Names 2nd Circ. Nominee In Latest Judicial Picks

    President Joe Biden unveiled his fourth slate of judicial nominations Tuesday, tapping a voting rights attorney for the Second Circuit along with four district court picks for Connecticut and Washington, D.C., including three former public defenders and one BigLaw alum from Munger Tolles & Olson.

  • June 14, 2021

    Advocates Pan Feds' Bid To Erase 'Remain In Mexico' Order

    Legal services providers urged the U.S. Supreme Court to keep intact a lower court block on the now-defunct "Remain in Mexico" program, saying the Biden administration couldn't easily rid itself of the court order.

  • June 14, 2021

    Prison Co. Exec Says ICE Approval Needed To Pay Min. Wage

    GEO Group rested in a wage trial Monday after its compliance czar testified that although U.S. Immigration and Customs Enforcement doesn't block it from paying detainees more than $1 a day, the private prison company feels federal approval would be necessary to make a "material change" in operations like paying them minimum wage.

  • June 14, 2021

    ​​​​​​​Biden Admin. Asks Justices To Erase Border Wall Rulings

    The federal government has asked the U.S. Supreme Court to vacate Ninth Circuit wins for the Sierra Club and states that challenged barrier construction along the U.S.-Mexico border under the previous administration, citing a sea change in policy.

  • June 14, 2021

    Judge Urged To OK Plan To End ICE Teen Detention

    A class of migrant teens asked a D.C. federal judge on Friday to sign off on a plan to ensure U.S. Immigration and Customs Enforcement follows the law and attempts to place migrant teens who turn 18 in government custody in less-restrictive housing options than ICE's current default: adult detention facilities.

  • June 14, 2021

    High Court Contender Jackson Confirmed To DC Circ.

    The Senate on Monday narrowly confirmed Judge Ketanji Brown Jackson to the D.C. Circuit, with three Republicans joining Democrats to elevate the potential future U.S. Supreme Court candidate to the "second-highest court in the land."

  • June 14, 2021

    Feds Shorten Work Permit Wait For Foreign Crime Victims

    U.S. Citizenship and Immigration Services announced Monday it will provide work permits to certain immigrants who submit "bona fide" requests for the U visa, which provides legal status to crime victims who assist law enforcement.

  • June 14, 2021

    Feds Say Foreign Student Work Permits Don't Harm US Jobs

    The U.S. Department of Homeland Security has urged the D.C. Circuit to toss the latest appeal from a technology workers union aiming to restrict work permits for foreign students, saying there was no evidence they compete for jobs.

  • June 11, 2021

    DOD Issues $2.2B Building Plan After Canceling Border Wall

    The U.S. Department of Defense plans to use the $2.2 billion remaining after it canceled border wall projects that had been funded with money diverted from the agency to instead fund 66 military construction projects, it announced on Friday.

  • June 11, 2021

    DOJ Presses Immigration Judges To Use 'All Docketing Tools'

    As immigration courts are log-jammed with 1.3 million cases, the U.S. Department of Justice encouraged immigration judges on Friday to use "all docketing tools available" to quickly resolve cases.

  • June 11, 2021

    Low Wage Is Fine When State Is Paying, GEO Witness Says

    GEO Group sought Friday to bolster its claim that Washington state's trial over immigrant wages at a detention center it runs is hypocritical, bringing a witness who testified that the state itself pays just a couple of dollars an hour for resident work at a different non-criminal commitment facility.

Expert Analysis

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • 2 Paths To Green Cards For Employment-Based Immigrants

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    In light of immigration policy changes by the Biden administration and pandemic-related consular processing delays, Cynthia Perez and Douglas Halpert at Hammond Neal lay out the pros and cons of two procedural paths to lawful permanent resident status for employment-based immigrants.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

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