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Immigration
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September 22, 2023
Bid To Nix ICE Doc's Subpoena Of Detainees' Lawyer Punted
A south Georgia federal court has ruled it lacks jurisdiction over a doctor's subpoena seeking to depose the lawyer representing migrant women who accuse the doctor of performing unnecessary procedures on them without consent at an Immigration and Customs Enforcement detention center, punting the motion upstate.
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September 22, 2023
Chevron Doctrine Supporters Flock To High Court In Key Case
Health groups, scientists, a labor union, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.
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September 22, 2023
Texas Tells 5th Circ. Judge 'Imagined Evidence' In Buoy Fight
Texas told the Fifth Circuit that a preliminary injunction requiring it to move a floating barrier in the Rio Grande to the river bank wrongly relied on evidence outside the case record, some of which the Lone Star state called "false."
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September 22, 2023
Ink Maker Loses H-2B Hire Bid For Wrongly Revised Job Order
A U.S. Department of Labor appeals board has refused to revive a printer ink manufacturer's bid to temporarily hire a foreign printer technician and operator, saying Thursday that the company failed to amend a job order in the way it was asked to.
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September 22, 2023
Russian Exec Should Get 21 Mos. For Asylum Fraud, Feds Say
The co-director of an immigration assistance company should get 21 months in prison for facilitating years of asylum fraud, perjuring himself during trial and defending his conduct after his conviction, Manhattan federal prosecutors said in a filing Thursday.
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September 22, 2023
Immigration Judges' Free Speech Challenge Tossed Again
A Virginia federal judge has ruled that the National Association of Immigration Judges has standing to challenge a policy the judges say violates their right to freely discuss their immigration views in public but ultimately nixed their lawsuit, saying it belongs elsewhere.
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September 21, 2023
Protection Extended For Afghan Students, Venezuelans In US
The Biden administration said Thursday that it is extending immigration protections for Afghan students in the U.S. who are experiencing severe economic hardships due to continuous armed conflict in Afghanistan since the Taliban's takeover, acting a day after extending protection from deportation for nearly 500,000 Venezuelans.
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September 21, 2023
Afghan Allies Say Watchdog Rebuke Shows Need For Fast SIVs
Afghan and Iraqi translators called on a Washington, D.C., federal court to take further steps to speed up their applications for special immigrant visas, citing a federal watchdog's recent rebuke of the government's "piecemeal approach" to SIV processing.
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September 21, 2023
UPS Settles With DOJ Over Immigration-Related Bias
UPS will pay nearly $100,000 to rectify allegations that it discriminated against non-U.S. citizens who had valid legal documents rejected by the shipping company when trying to obtain necessary work credentials, the U.S. Department of Justice announced Thursday.
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September 21, 2023
More Asylum-Seekers Heading To Houston, Chicago, LA
As August set a new record for deportation hearings initiated in a single month, statistics also show more asylum-seekers arriving in major cities in Texas, Illinois, Florida and California than in previous months, according to a new report.
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September 21, 2023
DHS Asks Justices Not To Fast-Track H-4 Work Permit Appeal
The federal government has urged the U.S. Supreme Court not to hear arguments by information technology workers contesting a district court's backing of a policy allowing spouses of H-1B visa holders to work, arguing that an appeals court should rule first.
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September 20, 2023
DOL Nixes Bid For H-2B Mechanics At Ohio EV Battery Plant
A U.S. Department of Labor appeals board has backed a decision denying LG Solutions Partner LLC's request to temporarily hire foreign industrial-machinery mechanics to set up machinery for electric-vehicle battery production, saying the company failed to show a one-time hiring need.
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September 20, 2023
DHS Accounts For More Migrants Freed Under Parole Program
The U.S. Department of Homeland Security has told a Florida federal judge that out of 2,572 noncitizens it paroled under a policy he had blocked in another case, 100 have not made required check-ins with immigration officials.
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September 20, 2023
Farm, H-2A Agency Want Out Of Wage Rule Enforcement
A farm and an H-2A visa filing agency said Wednesday that the U.S. Department of Labor's recent rule on wage rates for temporary visa-holding farmworkers is already hurting them, urging a North Carolina federal judge to spare them from following it.
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September 20, 2023
DC Judge Says Feds' Visa Rule Defense Defeats Fee Bid
A D.C. federal judge denied a bid for attorney fees Wednesday from diversity visa lottery candidates who successfully challenged a Trump administration rule requiring program applicants to hold valid passports, ruling fees aren't warranted despite their victory.
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September 20, 2023
Post-Conviction Appeal Won't Stop Deportation, 1st Circ. Says
A Trinidadian woman's bid to overturn her conviction for an attack on another woman does not block her from being removed, the First Circuit held, finding an appeals board was right that her conviction was considered final for immigration purposes.
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September 20, 2023
Migrant Facility Visits Reveal Cramming, Extended Detentions
The U.S. Department of Homeland Security's internal watchdog revealed problems it found from surprise inspections at migrant holding facilities, citing prolonged detention times and overcrowding in Texas facilities, and long volunteer work hours in a Virginia facility.
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September 19, 2023
Farms Defend Delay, Fight Default Ruling In Trafficking Suit
Two farming companies are urging a Michigan federal court to toss a default judgment penalizing them for being seven days late in responding to a complaint alleging they were among six companies involved in trafficking Mexican migrant farmworkers.
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September 19, 2023
Texas Anti-Migrant Barrier Back On US Side Of Rio Grande
A floating anti-immigrant barrier in the Rio Grande erected by Texas and challenged by the Biden administration is now on the U.S. side of the river after it was repositioned from Mexican waters, according to the results of a binational survey filed in federal court on Tuesday.
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September 19, 2023
Agent In Botched ICE Raid Accused Of Misleading Magistrate
A U.S. Immigration and Customs Enforcement agent investigating identity fraud "deliberately falsified a search warrant application" that turned out to be for the wrong apartment, the plaintiffs in a lawsuit over a botched 2019 raid alleged Monday in response to the government's efforts to end the case before trial.
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September 19, 2023
IT Firm Says NJ Court Can't Hear Ex-Exec's Termination Suit
Information technology firm LTIMindtree has asked a federal judge to dismiss a former executive's lawsuit claiming he was fired after blowing the whistle on the company's alleged illegal immigration policies, saying the matter doesn't belong in New Jersey federal court.
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September 19, 2023
'Bare Assertions' Doom Bid For H-2B Worker, Judge Rules
An administrative law judge with a U.S. Department of Labor appeals board has affirmed a certifying officer's denial of a power systems maintenance and repair company's request for a temporary foreign field technician, finding the company failed to show a peak-load need.
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September 18, 2023
DHS Proposes Rule To Bolster Foreign-Worker Protections
The U.S. Department of Homeland Security announced a proposed rule Monday that it said would modernize the H-2A and H-2B programs for temporary agricultural and nonagricultural workers — providing more flexibility, boosting foreign-worker protections and promoting program efficiency.
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September 18, 2023
Texas, Missouri Say DHS Must Use Border Funds As Intended
Texas and Missouri further urged a Lone Star State federal judge to preliminarily block the Biden administration from halting construction of the Southwest border wall, saying the administration is using funds Congress specifically designated for border wall construction "for anything but walls."
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September 18, 2023
Biden Admin, States Seek Wins In 'Remain In Mexico' Suit
Texas and Missouri and the federal government filed dueling briefs in the Lone Star State's federal court Friday, with each party seeking a win on the states' challenge to the Biden administration's rescission of a Trump-era program requiring asylum-seekers to stay in Mexico while their immigration claims are processed.
Expert Analysis
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How A Gov't Shutdown Would Affect Immigration Processing
While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.
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Opinion
Smart Immigration Reform Can Improve Health Care Access
With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Opinion
Time To End Double Standard On Kids' Green Cards
Recent changes to the U.S. Citizenship and Immigration Services rules have helped many children qualify for green cards, but the government's failure to extend these changes to consular processing unfairly leaves out children stuck abroad who need visas to join their parents in the U.S., says Edward Ramos at Kurzban Kurzban.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Litigation Can Facilitate EB-5 Investor Visa Determinations
Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.
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3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense
The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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USCIS Can Take On The Semiconductor Workforce Gap Now
While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.