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Immigration
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December 05, 2024
Feds Defend Asylum Rule And 'Manifestation' Standard
The Biden administration on Wednesday defended its recent rule curtailing asylum at the southern border, telling a D.C. federal court that it acted reasonably in putting the "onus" on noncitizens to express a fear of persecution or torture.
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December 05, 2024
Ally Visa Seekers Say Feds Are Trying To Add Delay To Delay
A certified class of Afghans and Iraqis who aided U.S. troops and are waiting for the government to process their already unreasonably delayed special immigrant visas told a D.C. federal judge on Wednesday the government shouldn't be able to add even more time to the plan to deliver their visas.
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December 05, 2024
3 Texas Soldiers Smuggled Unauthorized Migrants, Feds Say
Three U.S. Army soldiers stationed at Fort Cavazos in Texas have been arrested on charges alleging that they orchestrated a conspiracy to pick up and transport unauthorized immigrants further into the United States, the U.S. Department of Justice announced Wednesday.
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 05, 2024
Migrants Told 'Asylum No Longer Exists,' Report Says
U.S. border agents are mistreating asylum-seeking families under President Joe Biden's June border restrictions, denying them access to asylum and returning them to Mexico in violation of domestic and international law, Human Rights Watch said Thursday in a new report.
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December 05, 2024
SC Biz Fined After DOJ Alleges Immigration Bias
A South Carolina senior living group must pay a fine and verify the work authorizations of prospective foreign employees rather than rejecting them outright when faced with technical difficulties, after the U.S. Department of Justice accused it of discrimination.
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December 04, 2024
Separated Migrants Say ICE Contractor Can't Claim Immunity
A father and son seeking to hold transportation services provider MVM Inc. responsible for its role in a Trump-era policy that separated them and thousands of other immigrant family members are hitting back against the company's bid to duck their class action claims.
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December 04, 2024
Heritage Foundation Pitches More Immigration Curbs
The Heritage Foundation has issued dozens of policy recommendations for the incoming Trump administration, including due process limitations for migrants, an end to birthright citizenship and empowering judges to more quickly dismiss immigration claims.
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December 04, 2024
NY Judge Says ICE Must Open Files Over 'No Release' Policy
A New York federal judge has ordered the U.S. government to produce files on eight noncitizens that the New York Civil Liberties Union says show the government is breaking its promise to stop preventing people suspected of civil immigration offenses from posting bail.
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December 04, 2024
Feds Say 5th Circ. Ruling Can't Save Iowa's Immigration Law
The Biden administration told the Eighth Circuit on Wednesday that a recent Fifth Circuit decision barring federal border agents from removing Texas' wire barriers has no relevance to its challenge to Iowa's law criminalizing the presence of previously deported noncitizens.
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
Texas Continues Fighting Public Charge Definition In 5th Circ.
Texas is appealing a federal judge's ruling that it can't challenge the Biden administration's reversal of a Trump-era immigration wealth test, even though the U.S. Supreme Court previously passed on an earlier bid by the state to revive the policy.
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December 03, 2024
Iowa Says 5th Circ. Decision Supports State Immigration Law
Iowa's attorney general told the Eighth Circuit that the Fifth Circuit's recent decision barring federal agents from interfering with barriers Texas erected at the Southern border bolsters Iowa's defense of its law criminalizing the presence of previously deported noncitizens.
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December 03, 2024
ICE Contractor Workers Are Guards Who Can't Vote On Union
Some employees of a U.S. Immigration and Customs Enforcement contractor who transport migrants on the Texas-Mexico border can't vote on Teamsters representation, a National Labor Relations Board official concluded, saying the workers cannot be in the same union as nonguards under federal labor law.
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December 03, 2024
Tax, Insurance Cos. Owner Gets 3 Years For $1M Tax Evasion
The owner of a tax business who also ran an insurance company the government says provided fraudulent vehicle registrations for unauthorized immigrants was sentenced to three years in prison for failing to pay more than $1 million in taxes, federal authorities in North Carolina announced Tuesday.
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December 02, 2024
Newsom Wants $25M For Expected Legal Fights With Trump
California Gov. Gavin Newsom announced Monday that he wants up to $25 million for litigation and legal fights he foresees with the administration of President-elect Donald Trump, kicking off the first day of a special session the state Legislature held at the governor's request after Trump's win.
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December 02, 2024
Mich. Justices To Mull Immigrant Org.'s Workers' Comp Fight
The Michigan Supreme Court said Monday it would review whether a one-year filing deadline bars an immigrant legal aid organization from forcing the state to stop denying workers' compensation benefits based on immigration status.
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December 02, 2024
Mexico Says Okla. Immigration Law Would Weaken Diplomacy
Mexico has told the Tenth Circuit that it would be forced to expend diplomatic and consular resources to deal with the fallout of an Oklahoma law barring unauthorized immigrants from residing in the state if it was allowed to take effect.
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December 02, 2024
Wash. Airport Deportation Ban Unconstitutional, 9th Circ. Says
Ninth Circuit judges have determined that a Washington county's ban on deportation flights departing from a Seattle-area airport was an unconstitutional interference with federal government operations, as well as a breach of a World War II-era agreement.
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December 02, 2024
5th Circ. Bars Feds From Messing With Texas' Wire Barriers
A split Fifth Circuit panel said federal agents can't interfere with concertina razor wire barriers Texas erected to deter illegal border crossings, ruling that the federal government isn't immune from Texas' state law claims for trespass and conversion.
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December 02, 2024
EB-5 Visa Scam Suit Against Fla. Immigration Atty Ends
A Florida federal judge on Monday dismissed with prejudice a lawsuit against an immigration attorney over a $500,000 visa scam after the two parties filed a stipulation of dismissal.
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November 27, 2024
Arkansas Can't Bring Suit Against Crypto Miner For Now
An Arkansas federal judge has temporarily barred state officials from taking action against a Chinese-born U.S. citizen's crypto mining operation after he challenged the investigation against him and the laws underpinning it as discriminatory and unconstitutional.
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November 27, 2024
Biden Administration Adds 65K Additional H-2B Work Visas
The Biden administration announced Wednesday that it has created a temporary rule to add 64,716 additional temporary H-2B work visas for the third year in a row to be doled out to businesses struggling with staffing issues.
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November 27, 2024
Better, Faster, Stranger: What Attys Think Of Our AI Future
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
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November 27, 2024
4th Circ. Rejects Asylum Bid By Son Of Ex-Guinean Politician
The Fourth Circuit on Wednesday rejected a petition to halt the removal of the son of a former prominent political figure in the Republic of Guinea, ruling the Board of Immigration Appeals was right in finding he failed to prove a likelihood of torture if he returned to his home country.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.