As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more
11/16/2023
/ Admissible Evidence ,
Border Searches ,
Cell Phones ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Electronically Stored Information ,
FBI ,
Fourth Amendment ,
Judge Rakoff ,
Law Enforcement ,
Precedential Opinion ,
Reasonable Suspicion ,
Split of Authority ,
Travelers ,
Warrantless Searches
The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more
The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas for highly skilled workers, though the...more
With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more
1/6/2021
/ Administrative Procedure Act ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Notice and Comment ,
Presidential Proclamations ,
Time Extensions ,
Trump Administration ,
Visas
Judge Jeffrey S. White of the District Court for the Northern District of California on December 1, 2020, set aside two new rules promulgated by the Trump Administration aimed at significantly curtailing the H-1B visa program...more
12/3/2020
/ Administrative Procedure Act ,
Appeals ,
Department of Homeland Security (DHS) ,
Good Cause ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Interim Final Rules (IFR) ,
New Regulations ,
Notice and Comment ,
Preliminary Injunctions ,
Prevailing Wages ,
Trump Administration ,
Visas
The Department of Homeland Security (DHS) has proposed abandoning its long-standing practice of allocating H-1B visas for highly skilled workers through a random lottery in favor of a system that would give preference to...more