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Immigration
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May 01, 2025
Landscaping Co. Must Face Trial In Unpaid OT Suit
A jury should determine whether landscape workers are owed overtime wages or if they fall under an exemption from the premium pay, a Kansas federal judge ruled while finding the H-2B visa applications their employer filed did not include a promise to pay the extra wages.
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May 01, 2025
Wartime Law For Gang Removals Barred In Texas, For Good
A Texas federal judge on Thursday permanently blocked the Trump administration from deporting alleged gang members from Venezuela under the 1798 Alien Enemies Act, ruling that the gang's activities in the U.S. cannot be regarded as an invasion.
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April 30, 2025
ICE Agent Tells 3rd Circ. Jury Can Handle Sig Sauer Defect Suit
The Third Circuit wondered Wednesday why a jury couldn't be allowed to examine the same type of gun, or at least a replica of one, that a U.S. Immigration and Customs Enforcement officer claims spontaneously fired into his leg at a design defect trial that he wants revived.
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April 30, 2025
FTC Transfer Stripped From House Judiciary Reconciliation
A provision to transfer the Federal Trade Commission's antitrust functions to the U.S. Department of Justice was stripped out of the House Judiciary Committee's budget reconciliation bill on Wednesday.
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April 30, 2025
3rd Circ. Preview: NJ To Defend ICE Contractor Law In May
The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.
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April 30, 2025
Judge Says Gov't Can't Move Deportees To Avoid Due Process
A Massachusetts federal judge on Wednesday amended his order requiring that deportees receive meaningful due process before being removed to countries where they have no prior ties to explicitly state that the government cannot escape the requirement by transferring custody to the U.S. Department of Defense or another agency.
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April 30, 2025
Columbia Student Released On Bail After Judge's Order
Columbia University student Mohsen Mahdawi, who was arrested by U.S. Immigration and Customs Enforcement at his citizenship interview in mid-April, was released on bail on Wednesday following a Vermont federal judge's order.
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April 30, 2025
Wis. Justices Suspend Judge Charged With Blocking ICE
The Wisconsin state judge who was arrested and charged for allegedly helping an unauthorized migrant evade arrest by federal immigration officers has been temporarily suspended by the state's highest court.
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April 30, 2025
Dem Reps. Urge Court To Block IRS-ICE Info-Sharing Pact
House Democrats and two organizations that help immigrants prepare tax returns urged a D.C. federal court to block the Internal Revenue Service from sharing with immigration enforcement agencies the names and addresses of people suspected of being in the country illegally.
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April 30, 2025
Feds Must Keep Funding Migrant Kids' Counsel, Judge Says
A California federal judge has ruled the government must keep funding legal representation for unaccompanied children in immigrant hearings for the time being, saying Congress created rules requiring the government to do so as long as funds remain for it.
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April 29, 2025
NJ Court Says It Can Hear Khalil's Unlawful Detention Suit
Columbia University graduate and pro-Palestinian activist Mahmoud Khalil can move forward with his lawsuit claiming the Trump administration is unlawfully detaining him because of his political views, a New Jersey federal judge ruled Tuesday, rejecting the government's argument that immigration law strips the court of its jurisdiction.
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April 29, 2025
DC Judge Wary Of Border Asylum Halt
A D.C. federal judge seemed skeptical Tuesday that a federal immigration law authorizing the president to suspend certain groups of migrants from entering the United States could also be used to expel those individuals after they reach U.S. soil.
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April 29, 2025
10th Circ. Won't Touch Colo. Deportation Stay For Now
A Tenth Circuit panel on Tuesday declined to set aside a Colorado judge's temporary halt on the removal of Venezuelan migrants under the Alien Enemies Act while the Trump administration challenges the order, because the government hasn't shown its interests would be seriously harmed otherwise.
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April 29, 2025
Feds Have Strong Hand On Judge Charged With Blocking ICE
A Wisconsin state judge faces an uphill battle in defending against federal criminal allegations that she helped a man evade immigration officials at a Wisconsin courthouse, but she may be able to stake out a defense in arguing the government can't prove intent, experts told Law360.
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April 29, 2025
CFPB Aims To Mediate Colony Ridge 'Reverse Redlining' Suit
The Consumer Financial Protection Bureau and a Houston-based real estate developer asked a Texas federal judge Tuesday to pause the bureau's reverse redlining suit so they can engage in mediation to resolve the case.
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April 29, 2025
Feds Urge Dismissal Of Suit Over Halted Refugee Program
The Trump administration on Monday urged a Washington state federal judge to dismiss a lawsuit challenging the government's suspension of the U.S. Refugee Admissions Program, citing a recent Ninth Circuit decision that limited the scope of the judge's preliminary injunction.
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April 29, 2025
Univ. Groups Can Pursue Free-Speech Case Over Removals
A Massachusetts federal judge on Tuesday ruled that he will allow academic organizations to pursue their "novel" First Amendment claims against the Trump administration over the deportation of noncitizen faculty and students who expressed pro-Palestinian views.
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April 29, 2025
Trump Can't Reorganize Gov't Without Congress, Groups Say
President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.
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April 29, 2025
Judge Blocks Fla. Migrant Law, Wants Briefs On TRO Violation
A Florida federal judge on Tuesday issued a preliminary injunction blocking enforcement of a state law criminalizing the entry of unauthorized migrants and set a show cause hearing on whether the attorney general should be held in contempt for possibly violating the judge's temporary restraining order against the law.
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April 29, 2025
DC Judge Gives Due Process Pop Quiz In F-1 Visa Record Suit
A D.C. federal judge gave a surprise pop quiz on the Fifth Amendment's due process clause Tuesday over the Trump administration's termination of an Indian student's visa record, while excoriating the government's "non-process" in throwing the student's academic life into chaos.
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April 29, 2025
Migrants Tell 1st Circ. 3rd Country Removals Can Be Limited
A class of immigrants has urged the First Circuit to reject the Trump administration's attempt to lift an order restricting deportations to countries where they have no prior ties, saying federal law does not bar injunctions concerning protection under the Convention Against Torture.
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April 28, 2025
Gitmo Atty Access Still Lacking, Immigrant Detainees Allege
The Trump administration is still making it difficult for immigrants detained at Guantanamo Bay to access attorneys, including by denying in-person attorney visits and missing scheduled attorney-client phone calls, two detainees alleged in an amended suit filed Friday in D.C. federal court.
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April 28, 2025
DOJ Rips 'Flawed' Wartime Removals Order At 10th Circ.
The U.S. Department of Justice told the Tenth Circuit that no precedent exists for a Colorado federal judge's temporary restraining order to halt removals under the Alien Enemies Act for individuals the DOJ says are not designated under the wartime law.
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April 28, 2025
DHS Says Visa Record Restored For Foreign Student In Wash.
The U.S. Department of Homeland Security told a Washington federal judge on Monday that a preliminary injunction was not needed to restore the student visa record of a University of Washington doctoral candidate from China, because U.S. Immigration and Customs Enforcement has already returned the student's status to active.
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April 28, 2025
Judge 'Commandeered' VOA, DC Circ. Told
The Trump administration is urging the D.C. Circuit to narrow an injunction preserving the agency that oversees Voice of America while the administration appeals a ruling that halted the broadcasting service's dismantling, saying a trial court judge ruled too broadly by reinstating grant agreements and employees.
Expert Analysis
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Haste Is Priority For Participation In New Green Card Program
Immigration practitioners should determine their clients' eligibility under the Biden administration’s new policy to help certain noncitizens, particularly those married to U.S. citizens, to apply for green cards, and do so without delay given uncertainty tied to the upcoming election, says Brad Brigante at Brigante Law.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Opinion
Dreamer Green Card Updates Offer Too Little For Too Few
Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.