Immigration

  • March 27, 2024

    Atlanta Immigration Firm Accused Of Not Paying Paralegal OT

    An Atlanta immigration law firm is facing a lawsuit in Georgia federal court from a paralegal who says he was misclassified as an independent contractor and denied overtime pay, despite routinely working upward of 40 hours per week.

  • March 27, 2024

    Divided 5th Circ. Blocks Texas Migrant Arrest Law

    A divided Fifth Circuit blocked a Texas law that would have allowed the state to arrest and deport migrants suspected of having crossed the border unlawfully, ruling in a decision released just after midnight Wednesday that federal immigration authority likely trumps state powers.

  • March 26, 2024

    Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl

    A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.

  • March 26, 2024

    Feds Say Ruling Doesn't Back Court Review Of EB-5 Visa Denial

    The Biden administration has countered an argument from Chinese investors that courts can review the denial of their EB-5 visas, telling the D.C. Circuit that the unrelated case that the investors are relying on involves different facts and issues.

  • March 26, 2024

    Ohio Health Staffing Co. Settles Visa Fraud Probe For $9.25M

    An Ohio healthcare staffing company has agreed to pay a $9.25 million penalty to resolve criminal and civil investigations that the U.S. Department of Justice was conducting into its visa sponsorship program over what the firm's chief executive officer called "problematic conduct in our visa process."

  • March 26, 2024

    Consulting Biz Can't Show Need For 300 H-2B Workers

    A U.S. Department of Labor appeals board affirmed the denial of a consulting services company's dual bids for H-2B visa workers for a controversial oil drilling project in Alaska, saying the company failed to show a need for 50 structural fitters and 250 pipe fitters.

  • March 26, 2024

    In Abortion Case, Gorsuch Frets 'Rash' Of National Injunctions

    U.S. Supreme Court Justice Neil Gorsuch renewed his criticisms of nationwide injunctions Tuesday, saying a Texas judge's universal order limiting access to popular abortion medication mifepristone turned a potentially small legal challenge into a national debate.

  • March 26, 2024

    Fishery Says Request For DOL Cooperators' Names Is Fair

    The federal government cannot withhold information regarding an ongoing wage theft investigation, a fishery told a Mississippi federal court, because the probe is inextricably linked with claims that the company retaliated against employees who cooperated.

  • March 26, 2024

    Fox Rothschild Wants Gag Order To Silence Atty's 'Bombast'

    Fox Rothschild LLP has doubled down on its request for a gag order against an attorney pursuing a malpractice suit against the firm over allegedly mishandled immigration work, telling a New Jersey federal court that the attorney's "bombast and recklessness needs to end."

  • March 25, 2024

    Walmart Blocks DOJ Proceedings Over Immigration Records

    The federal government cannot continue pursuing proceedings before the U.S. Department of Justice's Office of the Chief Administrative Hearing Officer against Walmart for alleged violations of immigration-related recordkeeping requirements, a Georgia federal judge ruled Monday, saying the office's administrative law judges unconstitutionally carry out federal law without presidential oversight.

  • March 25, 2024

    Wash. Asks Judge To Undo Block Of ICE Detention Center Law

    Washington Gov. Jay Inslee has urged a federal judge to reconsider a recent ruling halting the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying the decision "rests on legal error."

  • March 25, 2024

    Ill. Atty Fights To Keep Reinstatement Dispute In DC Court

    An Illinois attorney argued Monday that her lawsuit challenging the U.S. Department of Justice and its immigration component's refusal to reinstate her practice before federal immigration courts belongs in D.C. federal court, where the DOJ is based, not Virginia.

  • March 25, 2024

    DOJ Slammed For Backing GEO Group In Detainee Wage Fight

    A group of immigrant detainees has urged the Ninth Circuit to reject the federal government's stance that a privately run detention center in Tacoma is exempt from Washington's minimum wage, saying the United States has failed to point to any conflicting federal laws.

  • March 25, 2024

    Kamala Harris Touts Central American Economic Investments

    Vice President Kamala Harris announced Monday that the Partnership for Central America has drawn $5.2 billion in investments to boost economic opportunities and reduce migration from Honduras, El Salvador and Guatemala, with $1 billion of that marking new private-sector funding.

  • March 25, 2024

    DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional

    The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.

  • March 25, 2024

    Texas Judge Extends Stay On Border Wall Funding Order

    A Texas federal judge briefly extended a pause on an injunction directing the Biden administration to use funding Congress appropriated to build physical barriers on the Southwest border for that purpose, as the administration asks for clarification of the order, saying it could otherwise make it hard to build anything.

  • March 22, 2024

    Hostile Rancher Killed Migrant, Az. Prosecutors Tell Jury

    Arizona prosecutors went to trial Friday against a borderlands rancher they allege killed a migrant trespasser after a history of hostility toward border-crossers, while the man's counsel said he properly reported finding a dead body despite his deep fear that blame could be misdirected at him.

  • March 22, 2024

    Watchdog Calls To Redo $896M Migrant Transport Deal

    The U.S. General Services Administration must redo an $896 million contract to transport unaccompanied migrant children, after a federal watchdog determined that the deal was awarded to a company whose proposed contract lead may be unqualified to oversee the contract.

  • March 22, 2024

    9th Circ. Revives Asylum Bid Over Burden Of Proof Error

    The Ninth Circuit revived an Indian man's asylum quest on Friday, saying an immigration appeals board mistakenly concluded that the U.S. government proved the man could safely relocate within India to avoid attacks by members of rival political parties.

  • March 22, 2024

    Floral Co. Pays Feds $2M To End Migrant Exploitation Action

    A Washington floral wreath and garland manufacturer will pay $1.9 million to close a U.S. Department of Labor probe into allegations that it underpaid and withheld safe housing and transportation from hundreds of temporary migrant workers.

  • March 22, 2024

    Judge Cuts ICE Contractor, Keeps US In Medical Abuse Suit

    A Georgia federal judge on Friday left standing only a narrow sliver of class claims against the federal government from immigrant women alleging they underwent invasive, unnecessary medical procedures while in federal custody, dismissing the bulk of their lawsuit.

  • March 22, 2024

    Legal Scholar Rips Texas' 'Invasion' Defense Of Border Buoy

    A Cato Institute scholar warned the Fifth Circuit against accepting Texas' claim of a migrant "invasion" to justify installing buoys by the border, saying Friday that accepting the claim could also empower the federal government to arrest people with impunity.

  • March 22, 2024

    GOP States Can't Step Into Asylum Limits Suit, DC Judge Told

    The Biden administration and a group of asylum-seekers say Republican-led states can't intervene in their attempts to settle a lawsuit challenging asylum limits, with both parties saying the states had admitted that the administration adequately represented their interests.

  • 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.

  • 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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Expert Analysis

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Perspectives

    Immigration Detention Should Offer Universal Legal Counsel

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    Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

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