Immigration

  • April 29, 2024

    Justices To Scrutinize Revoked Visa Petition

    The U.S. Supreme Court agreed Monday to examine an Eleventh Circuit decision that federal courts lack authority to review the revocation of a previously approved visa petition for a Palestinian man whose marriage was found to fraudulently skirt immigration laws.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    DOL Solidifies H-2A Protections For Foreign Farmworkers

    Foreign farmworkers working in the U.S. under the H-2A temporary visa program will now have enhanced protections to advocate for better working conditions without fear of retaliation under a final U.S. Department of Labor rule unveiled Friday.

  • April 26, 2024

    Judge Made Right Call To Save DHS Parole Program, Feds Say

    The Biden administration has assured a Texas federal judge that he made the right call tossing a lawsuit that Republican-led states launched challenging a parole program for Cubans, Haitians, Nicaraguans and Venezuelans, saying evidence showed that the program didn't financially harm the states.

  • April 26, 2024

    Thomas' Long Quest To Undo A 'Grave Constitutional Error'

    A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.

  • April 26, 2024

    11th Circ. Finds No Anti-Black Juror Bias In Murder Trial

    The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.

  • April 26, 2024

    Texas Must Face Feds' Suit Over Anti-Migrant Buoy Barrier

    A Texas federal judge will allow the Biden administration's lawsuit to proceed over Texas' 1,000-foot barrier in the Rio Grande to keep out migrants, ruling Friday that the administration had plausibly alleged its domain over structures in navigable waters.

  • April 26, 2024

    Mass. Justices Dash Deported Man's Hope For Remote Retrial

    Massachusetts' high court ruled Friday that a man deported to the Dominican Republic cannot appear remotely for his retrial on charges that the justices previously vacated, citing court rules.

  • April 25, 2024

    DOJ Pressed On Prosecutions Of Muslim Asylum-Seekers

    The U.S. Department of Justice is facing new questions from Capitol Hill over prosecutions of Muslim asylum-seekers in the wake of a Los Angeles Times report showing that migrants from majority-Muslim countries were disproportionately imprisoned at the U.S.-Mexico border in Texas.

  • April 25, 2024

    South African's Old Convictions Cost Him Deportation Relief

    The Seventh Circuit ruled that an immigration judge appropriately considered two criminal convictions in 2000 and 2002 to deny a South African man's 2015 efforts to stay in the country.

  • April 25, 2024

    Immigrants Poised To Fill Future US Labor Needs, Report Says

    Immigrants in the U.S. are uniquely positioned to help fill future labor needs, particularly in professions that require more education and skills, but many will need to be retrained or upskilled, according to the Migration Policy Institute.

  • April 25, 2024

    US Says Seizure Power Erodes Landowner's Border Wall Suit

    The federal government told the Fifth Circuit that its eminent domain authority should defeat a landowner's claims that she owns a $6.5 million section of border wall that was allegedly built on her farm without authorization in 2008.

  • April 25, 2024

    NJ Couple Convicted Of Luring Immigrants Into Forced Labor

    A New Jersey federal jury has convicted a Burlington County couple on charges related to luring two undocumented immigrants to the United States and forcing them to perform domestic labor and childcare in their home, federal prosecutors announced Wednesday.

  • April 25, 2024

    Judge Puts Texas Arrest Law Case On Ice During Appeal

    A Texas federal court has paused the Biden administration's lawsuit challenging Texas' controversial law allowing state officials to arrest and deport migrants crossing the border unlawfully until the state's appeal of the court's temporary block on the law concludes.

  • April 24, 2024

    Ditching H-1Bs, Foreigners Hone Skills To Get Visas Faster

    U.S. employers and foreigners are increasingly chasing alternatives to the highly coveted but elusive H-1B visa — a turn of events that is leading immigrants to establish themselves as some of the most distinguished experts in their fields.

  • April 24, 2024

    World Cup Workers' Abuse Suit Still Falls Short, US Cos. Say

    A Texas engineering company and a Colorado subsidiary have asked a federal court to dismiss claims from Filipino workers alleging they were subjected to inhumane labor conditions when helping construct stadiums for the 2022 FIFA World Cup in Qatar, arguing the workers' latest attempt doesn't even show the defendants recruited or hired them.

  • April 24, 2024

    Filipino Workers' $730K Trafficking Deal Gets Judge's Initial OK

    An Oklahoma federal court preliminarily approved a $730,000 settlement on Wednesday that would resolve Filipino workers' claims that a local couple tricked them into paying steep immigration and recruitment fees to come work for them in the U.S.

  • April 24, 2024

    Colombian Actor Says His Visa Denials Are Full Of Mistakes

    A Colombian actor with roles on Netflix and other channels and platforms has hauled U.S. Citizenship and Immigration Services into Florida federal court, alleging USCIS made numerous mistakes when twice denying him an immigrant visa available to actors with extraordinary ability.

  • April 24, 2024

    Watchdog Says ICE Paid $25.3M For Empty Detention Space

    U.S. Immigration and Customs Enforcement agreed to review its contract with private prison operator GEO Group Inc. in California after a federal watchdog found it paid $25.3 million for hundreds of unused beds.

  • April 23, 2024

    HHS Formalizes Flores Protections For Immigrating Minors

    The U.S. Department of Health and Human Services will increase oversight of the treatment of children in immigration custody and fund the minors' legal costs, according to a final regulation released Tuesday that adopts congressional recommendations and the bedrock Flores agreement.

  • April 23, 2024

    10th Circ. Backs Mexican Woman's Appeal Of Asylum Denial

    The Tenth Circuit on Tuesday revived the asylum bid of a woman who based her fear of returning to Mexico on her cousin's murder, saying the woman had challenged an immigration judge's ruling properly before the Board of Immigration Appeals.

  • April 23, 2024

    Justices' Doubts May Undo 9th Circ. On Spousal Visa Rights

    The right wing of the U.S. Supreme Court appeared skeptical on Tuesday that a U.S. citizen can challenge her Salvadoran husband's visa denial, but seemed disinclined to rule that she has no constitutional rights in the process either.

  • April 23, 2024

    Judge Overturns Biz's H-2B Ban, Blaming 'Gaslighting' Atty

    A U.S. Department of Labor administrative law judge overturned a decision to debar a Minnesota concessions stand company from the H-2B visa program over its failure to pay back wages and penalties, saying the small business's owner had only followed his attorney's advice — right into a legal disaster.

  • April 23, 2024

    Migrant-Hiring Crimes And Tax Evasion Get Pair Prison, $1.8M Fine

    A Florida federal judge has ordered two men to pay $1.8 million to the U.S. government and sentenced them to three years in prison after they confessed to recruiting migrants without employment authorization and failing to report workers' wages for tax purposes.

  • April 22, 2024

    Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan

    Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.

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Expert Analysis

  • Consider Immigration Issues When Hiring Int'l Medical Grads

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    As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Key Employer Takeaways From USCIS' H-1B Visa Proposal

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    There are several steps employers can take, like reviewing job descriptions and assessing cap-exempt eligibility, to be well positioned for the sweeping changes that U.S. Citizenship and Immigration Services proposes to implement next year to improve the H-1B visa program, say Brian Coughlin and Angelica Ochoa at Fisher Phillips.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Lost In A Maze Of USCIS Policy On Child Immigration Status

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    A succession of U.S. Citizenship and Immigration Services policy updates, erroneous denials and conflicting messages have limited practitioners' ability to know which clients qualify under a federal law that protects children from aging out of their parents' immigrant petitions, say Jeffrey Galkin and Anna Stepanova at Murthy Law Firm.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • 5 Considerations for Year-End Immigration Budget Planning

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    Courtney Noce and Miriam Thompson at Greenberg Traurig offer insights to help companies with year-end immigration budget planning, a complex process with many factors affecting expenses, from changes in corporate policy or structure, to anticipated fee increases and the uncertainties inherent in visa processing.

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