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Immigration
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August 20, 2025
Abrego Garcia Seeks To Toss Feds' 'Vindictive' Charges
Kilmar Abrego Garcia, whom the government erroneously deported to El Salvador in March, has asked a Tennessee federal judge to dismiss federal human smuggling charges he contends constitute retaliation for challenging his removal.
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August 20, 2025
DOJ's Suit Over Ill. E-Verify Restrictions Gets Tossed
An Illinois federal judge on Tuesday denied a bid by the U.S. Department of Justice to block provisions of a recently amended Illinois law restricting the use of systems such as E-Verify to check prospective workers' employment eligibility and dismissed the case outright, calling the DOJ's interpretation of the relevant preemption clause "broad to the point of absurdity."
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August 20, 2025
Judge Accused Of Berating Teens Blames Training Shortfall
A New Jersey municipal judge accused of berating children during truancy hearings, threatening their families with deportation and questioning their immigration status in open court has cited a lack of training in his formal response to the ethics complaint by the state supreme court's judicial conduct committee.
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August 20, 2025
Farmworkers Union Can't Halt Latest Prevailing Wages Survey
A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.
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August 19, 2025
9th Circ. Sides With Wash. In Immigration Detention Law Case
A Ninth Circuit panel has overturned an injunction blocking a Washington state law calling for new health and safety standards at the state's privately run immigration detention center, saying Tuesday the lower court wrongly compared the facility to a prison when ruling in favor of its for-profit operator, GEO Group Inc.
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August 19, 2025
USDOT Flags States' Lapses In Deadly Fla. Truck Crash Probe
The U.S. Department of Transportation on Tuesday called out three states' apparent failures in enforcing licensing standards for commercial truck drivers following last week's deadly highway crash in Florida that left three people dead and instantly became a flash point for the Trump administration's hard-line immigration policies.
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August 19, 2025
USCIS To Vet Immigration Benefit Bids For 'Anti-Americanism'
The Trump administration said Tuesday immigration officers will consider "anti-Americanism" when deciding to grant certain immigration benefit requests, like adjustment of status, saying in a new policy alert that supporting antisemitic ideologies will be an "overwhelmingly negative factor."
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August 19, 2025
Tufts Student Says Feds Can't Dodge Detention Oversight
Turkish student Rümeysa Öztürk, who the Trump administration arrested after she co-wrote a pro-Palestinian column in her university's newspaper, told the Second Circuit on Monday that the government's position that she can't challenge her detention via habeas proceedings is unconstitutional.
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August 19, 2025
Calif. Man Gets 8 Years For Shipping Firearms To North Korea
A Chinese national has been sentenced in Los Angeles federal court to eight years in prison after pleading guilty to illegally exporting firearms, ammunition and other military items to North Korea in exchange for $2 million, prosecutors said Monday.
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August 19, 2025
Texas Court Unwinds Dismissals In Border Crackdown Cases
An en banc Texas appeals court on Tuesday reversed the habeas corpus dismissals of trespassing charges against nine men arrested during state immigration enforcement operations, citing a Court of Criminal Appeals ruling that rejected claims of prosecutorial sex discrimination in a similar case.
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August 19, 2025
DOJ Asks Full 4th Circ. To Rehear Judges' Speech Dispute
The U.S. Department of Justice petitioned the full Fourth Circuit to rehear a June panel decision reviving a free speech suit from an immigration judges union, saying it flouts U.S. Supreme Court precedent and implements a novel legal requirement.
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August 18, 2025
Physicians Call Out ICE Medical Neglect In Detention Facilities
Medical professionals decried U.S. Immigration and Custom Enforcement's denial of medical care inside a makeshift detention space inside 26 Federal Plaza, a federal building in Lower Manhattan, on Aug. 18, 2025. (Marco Poggio | Law360)
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August 18, 2025
College And Students Take Texas Dream Act Suit To 5th Circ.
A Texas federal judge has ruled that bids by a state community college and a student association to intervene in a suit challenging a Texas law allowing in-state tuition for unauthorized immigrants would be "legally futile," prompting their appeal to the Fifth Circuit.
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August 18, 2025
Fla. Suit Over Atty Access To Detention Center Transferred
A Florida federal judge on Monday transferred a proposed class action lawsuit accusing the government of restricting attorney access to an Everglades immigrant detention center, ruling that the current district isn't proper for the claims against state officials.
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August 18, 2025
Judge Orders Jamaican's Release For Due Process Violations
A New York federal judge ordered immigration officials to immediately release a Jamaican asylum seeker from detention Monday, after ruling last week that the man was afforded no due process whatsoever.
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August 18, 2025
IRS Sharing Tax Info With ICE Amid Legal Challenge
The Internal Revenue Service has begun sharing taxpayer return information with U.S. Immigration and Customs Enforcement, the government told a D.C. federal court, revising the tax agency's previous stance that it had not received or responded to any such requests.
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August 18, 2025
AGs Sue DOJ For Tying Victim Aid To ICE Enforcement
A coalition of 21 state attorneys general, led by Matthew Platkin of New Jersey, filed suit against the Trump administration on Monday, accusing it of unlawfully tying $1 billion in crime victim funding to immigration enforcement, a move they say defies congressional intent and jeopardizes critical support for survivors.
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August 18, 2025
Lawmaker Pans 'Selective' Charges Over ICE Facility Clash
U.S. Rep. LaMonica McIver has moved to dismiss criminal charges against her from a May confrontation with federal agents at an immigrant detention center in Newark, New Jersey, arguing she is immune from prosecution under the U.S. Constitution's speech or debate clause and is being selectively targeted by the government.
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August 18, 2025
DC Circ. Stays District Court's Pause Of Expedited Removals
The D.C. Circuit on Monday stayed a district court order that paused the Trump administration's ability to subject noncitizens paroled into the U.S. to expedited removal proceedings.
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August 18, 2025
Minn. Judge Orders ICE To Release Breastfeeding Mom
A Minnesota federal judge has ordered immigration officials to release a Salvadoran mom of two U.S. citizen children who is still breastfeeding one of them, rejecting the Trump administration's argument that she is subject to mandatory detention.
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August 18, 2025
DOJ Loses Bid To End Custody Protections For Migrant Kids
A California federal judge denied the Trump administration's push to end a decades-old settlement governing the custody of detained immigrant children, urging the government to fulfill its promises if it wants to see the agreement ended.
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August 15, 2025
4th Circ. Revives Asylum-Seeker's Suit Over Her Atty's Error
The Fourth Circuit has revived a Salvadoran woman's bid for asylum based on threats from a gang, saying in a published opinion that the woman's previous attorney proposed a legal theory during her removal proceedings that was "dead on arrival."
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August 15, 2025
Nat'l Guard Deployment In States Won't Be As Easy As In DC
President Donald Trump's power to deploy the D.C. National Guard and federalize local police lays bare the unique vulnerability of the district, but that power may be more limited in states where Trump has threatened to take similar action.
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August 15, 2025
DC Judge Gets City And Feds To Strike Deal On Police Takeover
A federal judge hesitated Friday to restrain the Trump administration from taking over the District of Columbia Metropolitan Police Department, successfully urging the city and government attorneys to iron out an agreement instead to divert the court's immediate intervention.
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August 15, 2025
Trump's Divisive 'China Initiative' May Get A Vigorous Reboot
The Trump administration's ongoing battles with major universities may soon include the revival of an initiative that, with mixed success, targeted professors with ties to China during the president's first term, and experts told Law360 the second incarnation may be even more aggressive.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Opinion
Laken Riley Act Will Not Advance Immigration Reform
By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Preparing For Mexican Drug Cartels' Terrorist Designation
In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Expect A Big Shake Up At The EEOC Under 2nd Trump Admin
During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.