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Immigration
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December 05, 2023
DOL Board OKs H-2B Bid For Hurricane Recovery Floor Work
An administrative law judge has ordered a U.S. Department of Labor officer to grant a Florida company's request to temporarily hire five foreign flooring installation workers, saying the company demonstrated that the workers wouldn't become part of the company's regular business.
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December 05, 2023
11th Circ. Upholds Summonses For Peruvians' US Bank Docs
The Eleventh Circuit upheld IRS summonses for the U.S. bank records of Peruvian siblings who claimed that a history of corruption in their government should have stopped the IRS from cooperating with it, saying a district court correctly denied the siblings a chance to present evidence of wrongdoing.
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December 05, 2023
H-2A Wages Rule Will Spike Illegal Immigration, 4th Circ. Told
A U.S. Department of Labor rule regulating wages for H-2A workers would make foreign labor unaffordable for employers and increase illegal immigration, a group of ranches and farms told the Fourth Circuit, saying implementation of the rule should be halted.
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December 05, 2023
5th Circ. Temporarily Blocks Feds From Cutting Border Wire
The Fifth Circuit on Tuesday temporarily barred the Biden administration from cutting down the wire fences that Texas installed at the U.S.-Mexico border, overriding a district court's reluctant refusal to issue the same ruling.
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December 05, 2023
Hospitality Groups Push For Visa Changes To Fill Labor Gap
In the last of a three-part series focused on labor shortages, Law360 examines how immigration restrictions are hampering the hospitality industry's recovery from widespread layoffs and resignations during the COVID-19 pandemic.
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December 04, 2023
Justices Weigh Limits Of Possible Ruling Against SEC Courts
While the U.S. Supreme Court recently expressed a willingness to declare the U.S. Securities and Exchange Commission's in-house court system unconstitutional, experts say some justices have shown a desire to keep their ruling from spilling over into the enforcement activities of federal agencies doling out Social Security benefits or punishing alleged tax cheats.
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December 04, 2023
Feds Wrong To Seek Deportation 'At Any Cost,' 9th Circ. Rules
The Ninth Circuit on Monday reopened the removal proceedings of a Mexican family that wasn't notified that their immigration hearing had been rescheduled, with one of the undivided panel's three judges rebuking the government for pursuing the family's deportation anyway.
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December 04, 2023
Workers Seek Partial Win In Turf Farm OT Suit
Former H-2A visa workers alleging that a turf farm avoided paying them overtime by calling them agricultural workers urged a Missouri federal judge to hold the business liable, saying the work was landscaping and it is plainly bound by overtime rules.
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December 04, 2023
Cameroonian Migrant's Credibility Rating Undone By 9th Circ.
The Board of Immigration Appeals must reconsider a Cameroonian asylum-seeker's application for immigration relief, after improperly deeming the man not credible, the Ninth Circuit ruled on Monday.
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December 04, 2023
Semiconductor Goals In Peril Sans Visa Fix For STEM Grads
In the second of a three-part series focused on labor shortages, Law360 examines the types of immigration changes that will likely prove essential to President Joe Biden's ambitions to advance the U.S. as a global leader within the semiconductor industry.
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December 01, 2023
Split 5th Circ. Says Texas Must Move Rio Grande Barrier
A split Fifth Circuit panel on Friday upheld a lower court's order requiring Texas to move a floating barrier in the Rio Grande intended to prevent migrant crossings from Mexico, saying the barrier obstructs navigability and poses a risk to human life.
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December 01, 2023
Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'
Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.
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December 01, 2023
DOJ Wins 10th Conviction In Marriage Fraud Scheme
A Boston jury has convicted a Los Angeles man of participating in a conspiracy to fabricate fraudulent marriages between U.S. citizens and foreign nationals for immigration purposes, according to an announcement from the U.S. Department of Justice.
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December 01, 2023
9th Circ. Won't Kill 'Chicken-And-Egg' Green Card Process
The Ninth Circuit ruled Friday that the federal government has wide latitude to consider the availability of employment-based visas before approving green card applications, rejecting an argument from Indian nationals that doing so conflicts with U.S. immigration law.
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December 01, 2023
Texas Tries Again To Stop Border Razor Wire Cutting By Feds
Texas has launched a new bid to block federal agents from removing razor wire on the U.S.-Mexico border as the state appeals a Texas federal judge's order denying a preliminary injunction on disturbing the fencing while a lawsuit against the Biden administration plays out.
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December 01, 2023
Former Clerks Say Justice O'Connor Still Worth Emulating
BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.
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December 01, 2023
Naturalized Citizen Lied About Torture In Bosnia War, Feds Say
A naturalized U.S. citizen from what is now Bosnia and Herzegovina has been charged with "repeatedly" lying to immigration officials about past human rights abuses, including participation in the torture of Serb prisoners during the Bosnian War.
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December 01, 2023
Mexican Family Victimized By Cartel Loses Asylum Bid
The Board of Immigration Appeals backed an immigration judge's decision to deny asylum to a Mexican family that lost a relative to cartel violence, ruling Friday that the cartel was targeting the family's land and not the family members themselves.
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December 01, 2023
New Evidence Merits New Green Card Bid, Judge Rules
A U.S. man's denied green card petition for his Colombian wife should not be reconsidered in light of new evidence of her divorce from a previous husband, a Florida federal judge decided, saying the evidence belongs in a new petition.
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December 01, 2023
Special Visas Needed To Address Health Labor Shortages
In the first of a three-part series focused on labor shortages, Law360 examines the immigration solutions that could help alleviate the strain on the healthcare sector.
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December 01, 2023
4 Decisions For Which Justice O'Connor Will Be Remembered
Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.
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December 01, 2023
Justice O'Connor Shattered Barriers, Built Bridges
A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.
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December 01, 2023
Sandra Day O'Connor, First Woman On Supreme Court, Dies
Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.
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November 30, 2023
Smithfield's Lack Of Documentation Dooms H-2B Requests
Smithfield Fresh Meats Corp. was denied temporary foreign workers for dozens of various positions related to meatpacking at three facilities because it provided insufficient documentation to support its claimed short-term needs, an appeals judge ruled in four separate decisions.
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November 30, 2023
House Passes Bill Barring Migrants' Housing On Federal Land
The House voted Thursday largely along party lines to pass a Republican bill barring the government from using federal funds to provide temporary housing to asylum-seekers and other immigrants in national parks and on other federal land.
Expert Analysis
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Navigating USCIS' New Minimum EB-5 Investment Period
Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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CFPB, DOJ Signal Focus On Fair Lending To Immigrants
New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Cos. Must Adapt To Calif. Immigration Data Privacy Law
California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Consider Immigration Issues When Hiring Int'l Medical Grads
As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.