Immigration

  • 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.

  • 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."

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.  

  • 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.

  • 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.

  • 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.

  • 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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Expert Analysis

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • What New DHS Cybersecurity Policy Means For Bid Protests

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    The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Navigating USCIS' New Minimum EB-5 Investment Period

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    Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • CFPB, DOJ Signal Focus On Fair Lending To Immigrants

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    New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

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