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Immigration
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January 09, 2025
Trump's Return Brings 'Deeper Anxiety' To DOJ Fraud Attys
White collar practitioners say they've heard from U.S. Department of Justice attorneys who are anxiously bracing for the possibility of working with fewer resources while confined to narrower enforcement priorities after Donald Trump returns to the Oval Office.
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January 09, 2025
BakerHostetler Adds 3 Attys In DC, Chicago Offices
A trio of attorneys have moved to BakerHostetler, two of whom work with immigration-related labor and employment matters in Chicago, and another based in the nation's capital, who focuses on trademark and copyrighted intellectual property matters, the firm announced Wednesday.
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January 08, 2025
Unraveling Misconceptions About The H-1B Visa Program
Elon Musk and Vivek Ramaswamy recently defended the H-1B visa program for skilled foreign workers, sparking a fierce debate that has stirred up misconceptions that the program largely supplies cheap indentured labor and displaces American tech workers. Here, Law360 untangles some of those misconceptions.
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January 08, 2025
GAO Backs DHS Picking Low Bidder For $107M Support Deal
A federal watchdog swatted down a company's challenge of a $107 million task order that the U.S. Department of Homeland Security issued to another business, rejecting arguments that the government failed to fairly evaluate its own proposal.
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January 08, 2025
ACLU Launches Media Campaign To Amplify Immigrant Voices
The American Civil Liberties Union announced Wednesday that it is kicking off a new "Letters to America" multimedia campaign to amplify the voices of immigrants and asylum seekers speaking about their experiences traveling across the U.S.-Mexico border as the nation prepares itself for the second Trump administration's sweeping deportation plans.
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January 08, 2025
Feds Fight Bid To Extend Detention Conditions Settlement
The U.S. government urged a California federal judge to let a settlement governing its custody of detained immigrant children to expire at the end of January and reject human rights groups' bid to extend it.
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January 08, 2025
DOL Searching For SC Farm Workers Owed $132K In Wages
The U.S. Department of Labor is trying to restore $132,000 to more than 600 temporary agricultural workers for a South Carolina company who had money illegally deducted from their wages for cleaning fees and political donations.
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January 07, 2025
Federal Agencies Hit With FOIA Suits Over Immigration Records
A Charleston, South Carolina-based immigration attorney and a legal services company he helped found hit the U.S. government with a pair of Freedom of Information Act suits claiming it has routinely failed to respond to their requests for immigration-related information in a timely manner.
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January 07, 2025
9th Circ. To Let Feds Argue In Wash. ICE Inspection Law Fight
The Ninth Circuit has said the U.S. government can participate in oral arguments over a blocked Washington law that allowed the state to inspect conditions at a privately-run immigration detention facility in Tacoma.
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January 07, 2025
Most Recent Detainees In ICE Custody Lack Criminal Record
U.S. Immigration and Customs Enforcement detained 39,152 individuals as of late December, with over half of those detainees lacking any criminal record, and a fifth of the population are held in detention facilities in Mississippi, Texas, Georgia, Louisiana and California, a Syracuse University data research group said Tuesday.
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January 07, 2025
DHS Releases 'Playbook' For AI Public Sector Deployment
The U.S. Department of Homeland Security released a framework on Tuesday for what it referred to as the "reasonable adoption" of generative artificial intelligence technologies based on lessons learned from the agency's various pilot programs.
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January 07, 2025
House Passes Migrant Detention Bill, Senate Next
The House voted 264-159 on Tuesday on a bill to allow U.S. Immigration and Customs Enforcement to take into custody undocumented immigrants accused of theft, which the Senate is expected to take up later this week.
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January 06, 2025
Wash. Labor Dept. Escapes Union's Farm Wage Challenge
A Washington federal judge on Monday cut the state's employment agency loose from a union challenge to policies that have allegedly depressed farmworker wages, saying the U.S. Department of Labor is the only proper defendant in the litigation.
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January 06, 2025
Cos. Accused Of Misusing EB-5 Investor Funds
More than $80 million in EB-5 investor funds that were intended for a Brooklyn real estate project were misused to purchase shares in a related company, a suit claimed in New York federal court.
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January 06, 2025
DOD Tells DC Circ. It's Pondering New Time-In-Service Regs
The U.S. Department of Defense told the D.C. Circuit that litigation over its scrapped time-in-service requirements for immigrant soldiers to be eligible for naturalization is not moot, because it may issue new requirements — an assertion that soldiers who successfully challenged the policy panned.
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January 06, 2025
DOJ Backs Later 30-Day Window For Removal Appeals
The federal government told the U.S. Supreme Court that a 30-day deadline for noncitizens to challenge removal orders only applies for purposes of judicial review when proceedings in lower tribunals conclude, not when the initial removal orders are issued.
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January 06, 2025
7th Circ. Denies Polish Migrant's Removal Appeal Over DUI
A Seventh Circuit panel unanimously rejected a Polish national's attempt to change her immigration status to that of a permanent resident following a 2005 aggravated DUI conviction, saying the Immigration and Nationality Act strips it from reviewing such discretionary determinations.
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January 06, 2025
Chinese Billionaire's Deputy Gets 10 Years For $1.4B Fraud
A Manhattan federal judge sentenced a Chinese business manager to 10 years in prison Monday for her role assisting convicted billionaire Miles Guo's $1.4 billion fraud, saying the lawbreaking was egregious because it leveraged talk of bringing democracy to authoritarian China.
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January 03, 2025
Semiconductor Co. Can't Secure H-2B Visa Certification
A U.S. Department of Labor appeals board has upheld the denial of a semiconductor equipment manufacturer's application for temporary employment certification for 10 engineers, saying the company failed to show that the job opportunity is in fact temporary.
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January 03, 2025
9th Circ. Judge Says Asylum Seekers Can Use Appeals To Stall
A Ninth Circuit judge has called to overturn a 20-year precedent that he said allows people to game their immigration appeals for more time in the country, after a divided panel affirmed the denial of a Ukrainian man's asylum bid.
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January 03, 2025
PayPal's Minority Program Biased Against Asians, Suit Says
A lawsuit filed in New York federal court alleges that PayPal's $535 million investment program for Black- and minority-led businesses is racially biased against Asian Americans and violates federal civil rights laws.
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January 03, 2025
Migrant Aid Co., Ex-Worker Settle Race Bias Suit
A company that provides services to unaccompanied migrant children reached a settlement in Texas federal court resolving a Black former employee's claims she endured racist comments before being demoted and ultimately fired.
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January 02, 2025
3rd Circ. Again Remands Honduran Woman's Removal Order
The Third Circuit on Thursday again remanded a Honduran woman's removal order challenge back to the Board of Immigration Appeals, saying the agency made mistakes when considering whether she rebutted a presumption that an immigration hearing notice was delivered to her.
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January 02, 2025
Rep. Jordan Picks Wis. Lawmaker For House Antitrust Panel
Republicans are moving to install a frequent critic of President Joe Biden's Federal Trade Commission at the head of the House of Representatives' antitrust subcommittee, naming Rep. Scott Fitzgerald, R-Wis., to the post Tuesday.
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January 02, 2025
Hogan Lovells Gets $1.25M Afghanistan Award OK'd
Hogan Lovells won enforcement on Thursday of a $1.25 million arbitral award it won against Afghanistan over its representation of the country in various legal matters, an award that the new Taliban-led government has ignored for two years.
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.