Immigration

  • June 12, 2024

    Landscaper's H-2B App Doomed By Missing Permanent Staff

    A Utah landscaper's efforts to hire 15 construction workers through the H-2B seasonal worker visa program was doomed by evidence that the company hadn't maintained a permanent workforce, according to a recent U.S. Department of Labor decision.

  • June 12, 2024

    USCIS Eases Security Measures For Naturalized Crime Survivors

    U.S. Citizenship and Immigration Services announced Wednesday that foreign-born survivors of crime will no longer be subject to heightened confidentiality measures once they obtain U.S. citizenship, in an effort to ease their ability to apply for more immigration benefits.

  • June 12, 2024

    DHS Watchdog Says Agency Must Improve Vetting, Screening

    The U.S. Department of Homeland Security is unable to effectively and fully screen and vet asylum-seekers with applications that have been pending for a while, along with noncitizens seeking admission to the U.S., the inspector general has found.

  • June 12, 2024

    Feds Urge 5th Circ. Against Fast-Tracking Parole Suit

    The Biden administration rebuked a Texas-led coalition's efforts to fast-track its challenge to an immigration program for Cubans, Haitians, Nicaraguans and Venezuelans, telling the Fifth Circuit the states won't suffer financial injury from the program while the case is underway.

  • June 12, 2024

    Construction Co. Owes $353K For H-2A Violations, DOL Says

    A Nebraska construction company operating in California must pay nearly $353,000 in back wages and fines for denying 43 workers their full wages and rights under the H-2A temporary worker program, the U.S. Department of Labor announced Wednesday.

  • June 11, 2024

    DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say

    The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.

  • June 11, 2024

    Ore. Horse Stable Hasn't Justified Adding 2 H-2B Trainers

    A U.S. Department of Labor judge rejected an Oregon stable's efforts to hire two horse trainers through the H-2B guest worker visa program, saying the stable hadn't shown why it specifically needed two extra workers.

  • June 11, 2024

    4th Circ. Unconvinced Migrant Siblings' Abuse Was Retaliatory

    The Fourth Circuit has refused to revive an asylum application from two Salvadoran siblings fleeing an abusive uncle, unconvinced that the uncle had targeted the pair in retaliation for their mother's reporting him to the police.

  • June 11, 2024

    NC Hair Braiding Biz Loses H-2B Bid Over Year-Round Need

    A North Carolina hair braiding business won't be able to hire three shampoo assistants after a U.S. Department of Labor appeals board found that an increase in business doesn't qualify as temporary need under the H-2B temporary foreign labor program.

  • June 11, 2024

    NY Courts Agree To Boost Translation Services After Bias Case

    New York state court officials instituted reforms and sealed an agreement with federal prosecutors on Tuesday related to claims that an upstate county denied Spanish-speaking defendants translation services in violation of their civil rights.

  • June 11, 2024

    Immigration Firm Says Rival Poached Workers And Stole TM

    A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase it registered a trademark for — "Arreglar sin salir!" — which translates to "fix without leaving."

  • June 10, 2024

    Permanent Residents Say Iowa Removal Law Will Ensnare Them

    Immigrant advocacy group Iowa Migrant Movement for Justice responded on Monday in Iowa federal court to the state's argument that lawful permanent residents are exempted from a law empowering officials to arrest and remove previously deported noncitizens, saying no such exception exists.

  • June 10, 2024

    Labor Shortage Can't Justify Bid For H-2B Caregivers

    A U.S. Department of Labor judge rejected a home healthcare company's efforts to use an alleged national labor shortage to push through an application to hire foreign workers, saying the company hadn't shown the labor issue was likely to end.

  • June 10, 2024

    Ohio Judge Won't Free Feds From Wife's Visa Delay Suit

    An Ohio federal magistrate refused to free the U.S. Department of State from a lawsuit challenging a delayed green card application, rejecting officials' claims that an application pushed into administrative proceedings was outside the court's purview.

  • June 10, 2024

    Migrant Cleaners Rebuff Colo. Hotel's Bid To Ditch Wage Suit

    The migrant contractor staff that cleaned a Colorado luxury hotel slammed the hotel's efforts to escape claims of underpaying its workers, telling a Colorado federal court Monday that the hotel set the terms of their employment.

  • June 10, 2024

    Texas Urges 5th Circ. To Prioritize DHS Parole Program Appeal

    Texas has urged the Fifth Circuit to expedite its bid to revive a challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying time is of the essence because the case has major implications on federal immigration policy.

  • June 07, 2024

    Fla. Urges Judge To Reconsider Block Of Immigration Law

    Florida has urged a federal judge to reconsider an order blocking a state law that criminalizes the transportation of unauthorized immigrants, saying its argument that opposing parties failed to state the law is federally preempted was never addressed by the court.

  • June 07, 2024

    Judge Doubts Ethnicity Questions Deserve Jury Bias Probe

    A Washington appellate judge pushed back Friday against a Filipino family who claimed a hospital's questions about their ethnicity at trial required a bias inquiry, noting race is "something that can't be ignored" in any courtroom filled with people who look different from one another.

  • June 07, 2024

    DC Circ. Won't Let Gov't Toss Sped-Up Timeline For Ally Visas

    The D.C. Circuit on Friday refused to terminate a plan requiring the U.S. Department of State to speed up visa processing for Iraqi and Afghan nationals, ruling that some judicial involvement is still necessary to address delays.

  • June 07, 2024

    Judge Asks Impact Of New Border Policy On CBP App Suit

    A California federal judge has asked for briefing on the impact of a new executive order on asylum seekers who enter between ports of entry on a pending lawsuit ​​​​challenging a requirement that migrants use a smartphone app to submit applications.

  • June 07, 2024

    Vehicle Repair Co. Gets New Shot At Hiring H-2B Mechanic

    A maintenance and vehicle repair company will have another chance to apply for an H-2B certification for a diesel mechanic, a U.S. Department of Labor appeals board ruled, saying that a certifying officer arbitrarily anticipated the deadline for submission.

  • June 07, 2024

    Ex-Director In NYC Mayor's Office Charged With Bank Fraud

    A former director in the New York City Mayor's Office during the Bill de Blasio administration has been indicted on charges that he schemed to defraud over a dozen banks out of about $10 million using illegitimate fraud reports to induce reimbursements.

  • June 06, 2024

    5th Circ. Presses Feds On 'Perplexing' Razor Wire Arguments

    A three-judge Fifth Circuit panel had terse words Thursday for the government's argument that the court couldn't consider new facts on Texas' use of concertina wire at the border when deciding whether to issue a new injunction preventing federal agents from removing the wire, asking how it was "supposed to even react" to that claim during oral arguments

  • June 06, 2024

    7th Circ. Says Courts Can't Help Canadian Waive 10-Year Ban

    The Seventh Circuit on Thursday said its hands were tied on getting a Canadian man a quick decision on whether he can stay in the U.S. while he seeks to waive a requirement he stay abroad for 10 years.

  • June 06, 2024

    Judge Consolidates Suits Targeting Okla. Immigration Law

    A federal judge has combined two lawsuits challenging a new Oklahoma law making it a crime for undocumented immigrants to live in the state, joining separate cases lodged by the Biden administration and a nonprofit immigrant advocacy group.

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Expert Analysis

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Mitigating Incarceration's Impacts On Foreign Nationals

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    Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

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