Immigration

  • October 08, 2024

    9th Circ. Says Mexican Family Persecuted By Cartel Violence

    A Mexican mother and daughter will get another shot at asylum after the Ninth Circuit ruled on Tuesday that the Board of Immigration Appeals wrongly determined that cartel violence, including kidnapping, physical assault and murder, isn't persecution.

  • October 08, 2024

    Contractors Tell 5th Circ. They Belong In Border Wall Suit

    Border wall construction firms urged the Fifth Circuit to insert them into Texas' suit challenging the Biden administration's border wall spending plan, saying they were barred from the case even though it threatens their financial rights under their old contracts.

  • October 07, 2024

    Trump Primed To Withstand Immigration Litigation If He Wins

    Republican presidential nominee Donald Trump is poised to go full throttle on a restrictive immigration agenda should he win in November, with new federal court precedent more favorable to backing his policies the second time around.

  • October 07, 2024

    9th Circ. Revives Asylum App Denied Over Alleged Plagiarism

    The Ninth Circuit revived an asylum application from an Indian national allegedly persecuted for his membership in a Sikh separatist political party, saying an immigration judge incorrectly denied the application based on its general similarities with other Indian nationals' asylum applications.

  • October 07, 2024

    Fabricator's New Work Site Can't Justify H-2B Bid, Judge Says

    A California-based fabricator couldn't convince the U.S. Department of Labor that a contract in a new location warranted hiring foreign welders and fitters, with an agency judge finding little in the contract that distinguished the job from the company's regular business.

  • October 07, 2024

    Court Punts Case Over Trump's 'Eating The Dogs' Comments

    An Ohio county prosecutor is better suited than a court to decide if criminal charges are warranted against Donald Trump and vice presidential candidate JD Vance for allegedly fueling harassment, including bomb threats, against Haitian migrants, an Ohio court has ruled.

  • October 07, 2024

    High Court Skips On Challenge Of Fair Housing Claims Limits

    The U.S. Supreme Court said Monday that it will not probe the Fourth Circuit's January decision unwinding a summary judgment win for a manufactured-home park in a suit from immigrant families challenging a policy requiring residents to show proof of legal residency.

  • October 07, 2024

    Justices Spurn 'Chicken-And-Egg' Green Card Process

    The U.S. Supreme Court on Monday said it won't review a Ninth Circuit decision finding that the federal government had wide latitude to consider the availability of employment-based visas before approving green card applications.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Jury Finds Cognizant Biased Against Non-Indian Workers

    A California federal jury found Friday that Cognizant Technologies engaged in a "pattern or practice" of intentional discrimination against a class of non-South Asian and non-Indian employees who were terminated, setting the stage for a second phase that will determine damages against the IT giant.

  • October 04, 2024

    Harris, If Elected, Expected To Address Root Migration Causes

    Vice President Kamala Harris has made clear she will make border security and asylum curbs a prominent part of her immigration agenda, and her experience working on the root causes of migration could bolster efforts to suppress migration.

  • October 04, 2024

    US Defends Decision Denying H-1B Visa Relocation Request

    The U.S. government is urging a California federal judge to throw out claims from a company that sells software to cannabis businesses alleging that U.S. Citizenship and Immigration Services arbitrarily denied an H-1B visa worker's relocation request, saying the government was required to determine if the work would violate federal law.

  • October 04, 2024

    EB-5 Partner Accuses NC Atty Of Aiding Investor Coup

    A company created to protect an investment project supporting green card applications for Chinese nationals accused a North Carolina attorney in state court of helping shareholders try to place the company into receivership and take control of a $30 million fund.

  • October 04, 2024

    NY Immigration Boutique Buys Retiring Pro's Firm

    New York immigration boutique Cyrus D. Mehta & Partners LLC has bought the decades-old Claudia Slovinsky & Associates PLLC from its retiring owner and founder.

  • October 03, 2024

    Cognizant Worker Transfers From India Declining, Jury Told

    Cognizant Technologies rested its defense Thursday of class action claims that it is biased toward Indian workers after a company executive testified that the number of employee transfers from India to the U.S. has steadily decreased since 2014, bringing to a close live testimony in the racially charged retrial.

  • October 03, 2024

    UC Regents Sued Over Ban On Undocumented Student Jobs

    The University of California has the authority to hire undocumented students to fill campus jobs, but it's refusing to exercise that authority and thus discriminating against thousands of students enrolled at campuses across the state, according to a petition filed in California appellate court.

  • October 03, 2024

    DHS Won't Turn Over Records About AI Use, Activists Say

    Three immigration-focused nonprofits sued the U.S. Department of Homeland Security on Thursday, alleging the department has yet to provide information they sought concerning how it uses artificial intelligence in its decision-making over immigration-related issues, including asylum and detention matters.

  • October 03, 2024

    DHS Vetting Not Enough To Curb Travel Risks, Watchdog Says

    Gaps in the federal immigration system's vetting policies are creating a risk that noncitizens who pose a public safety threat are being cleared for domestic air travel, the U.S. Department of Homeland Security's internal watchdog reported.

  • October 03, 2024

    Red States Want H-2A Farmworker Rule Gone For Good

    More than a dozen Republican-led states are urging a Georgia federal judge to vacate a U.S. Department of Labor rule that would strengthen protections for foreign farmworkers within the H-2A visa program, arguing that the department clearly overstepped its authorities.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Soldiers Urge DC Circ. Not To Revive DOD Naturalization Rule

    Immigrant soldiers urged the D.C. Circuit to affirm a lower court's order that wiped away a Pentagon requirement to serve for one year before becoming eligible for citizenship, saying lawmakers wanted military personnel enlisting during wartime to reap the benefits of citizenship.

  • October 02, 2024

    Cognizant Exec Cites India's Talent Pool To Explain Workforce

    A Cognizant Technologies vice president repeatedly denied in testimony Wednesday that the company is biased toward Indian workers in a class action brought by former employees, and said the company's high percentage of Indian workers with visas is due to the "vast pool of engineering talent" in that country.

  • October 02, 2024

    Colony Ridge Seeks Quick Appeal In 'Reverse Redlining' Suit

    A Texas real estate developer that recently lost a bid to exit a lending discrimination suit brought by the U.S. government and the Consumer Financial Protection Bureau has moved to begin a Fifth Circuit appeal, arguing the "novelty" of the case's reverse redlining theory warrants immediate appellate review.

  • October 02, 2024

    ACLU Seeks Info On Feds' Ability To Deport People En Masse

    The American Civil Liberties Union on Wednesday sued U.S. government agencies overseeing the nation's immigration system in New York federal court for records outlining their ability to carry out a mass detention and deportation campaign.

  • October 02, 2024

    DOL Judge Remands Rejected Request For Foreign Welders

    A U.S. Department of Labor judge instructed a certifying officer to reconsider the rejection of a ConocoPhillips subcontractor's request to hire 75 welders for 18 months for a controversial oil-drilling project, saying a request of that magnitude could work because the applicant had not previously used seasonal workers.

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Expert Analysis

  • Illinois May Be Gearing Up To Ban E-Verify

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    Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • A Primer On Navigating The Conrad 30 Immigration Program

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    As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

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    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Series

    After Chevron: Courts Will Still Defer To Feds On Nat'l Security

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    Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

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