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Immigration
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April 10, 2025
3rd Circ. Judge At 'Crossroads' In H-2A Farmworker Row
A Third Circuit judge suggested Thursday that the outcome of a case alleging that a Garden State farm violated provisions of a temporary guest worker program hinges on whether it's an immigration matter or a labor dispute, a determination that should be made before the panel can view it through a post-Jarkesy lens.
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April 10, 2025
Justices Uphold Order To Return Man Deported To El Salvador
The U.S. Supreme Court on Thursday upheld a federal judge's order requiring the Trump administration to quickly bring back a Maryland man who was mistakenly deported to El Salvador and imprisoned there, ordering the lower court to clarify the government's obligations and requiring the government to share the steps it has taken.
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April 10, 2025
Texas Group Seeks Halt Of Trump Admin Border Cash Order
A Texas trade group has urged a federal judge to immediately block the Trump administration's order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, saying the order is unjustified and discriminates against businesses that serve predominately Latino immigrant communities.
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April 10, 2025
Judge Wary Of DHS Policy On Removal To Unrelated Countries
A Massachusetts federal judge said Thursday he expects to issue a ruling that would require the U.S. Department of Homeland Security to afford greater due process protections to immigrants who the government seeks to deport to countries where they have no ties but could face torture or death, calling the current procedures "troubling."
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April 10, 2025
1st Circ. Says Immigration Board Ignored Key Evidence
The First Circuit has unraveled a Board of Immigration Appeals decision, saying it failed to consider key evidence in a psychological report about the impact the removal of Guatemalan parents would have on the mental health of one of their children.
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April 10, 2025
IRS-ICE Deal Could Cost $25B In Tax Revenue, Report Says
The Internal Revenue Service's agreement to share the taxpayer records of certain non-U.S. citizens with immigration enforcement authorities could lead to a $25 billion loss in tax revenue in 2026, according to research from Yale University.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Asian American Bar To 9th Circ.: Protect Birthright Citizenship
Asian Pacific American bar associations on Wednesday urged the Ninth Circuit to uphold a block on President Donald Trump's executive order on birthright citizenship, saying Trump distorted a seminal 1898 U.S. Supreme Court ruling that affirmed U.S. citizenship to a man born in California to Chinese parents.
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April 09, 2025
House Approves Bill To Restrict Nationwide Injunctions
The House voted 219-213 on Wednesday to approve a bill curbing nationwide injunctions, a move the Trump administration has thrown its support behind after district court judges paused or halted many of the administration's initiatives over the last few months.
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April 09, 2025
DOJ's Stance On Refugee Program Status Vexes Wash. Judge
A Washington federal judge expressed frustration on Wednesday with the U.S. Department of Justice's uncertainty about how long it would take to resume processing of certain refugees, citing two previous orders blocking President Donald Trump's administration from shutting down refugee admissions.
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April 09, 2025
Student From China Says DHS Stripped Visa Status After DUI
A doctoral student from China studying at the University of Washington is suing the U.S. Department of Homeland Security, claiming the federal government unilaterally terminated his Student and Exchange Visitor Information System record based on a pending DUI arrest without conviction, exposing him to potential removal from the U.S.
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April 09, 2025
Tire Co. In Talks With EEOC To Resolve Harassment Case
The owner of a Massachusetts scrap tire facility and the U.S. Equal Opportunity Employment Commission are in the process of drafting an agreement to resolve allegations that Hispanic workers faced harassment and threats on the job, then were fired in retaliation for striking, according to a Wednesday filing.
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April 09, 2025
IRS Acting Chief To Stay On Through Mid-May, Treasury Says
The Internal Revenue Service's interim leader, Melanie Krause, will stay at her post through May 15, the U.S. Treasury Department said Wednesday, after she and other officials reportedly said they would resign following an IRS agreement to share taxpayer information with immigration enforcement agencies.
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April 09, 2025
Feds Seek Judge's Recusal In Migrant Kids Legal Services Row
The Trump administration on Wednesday moved to recuse a California federal judge overseeing a challenge to its decision to cut funding for child migrant legal services programs, saying the judge previously worked as a managing attorney for the lead plaintiff and is therefore biased.
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April 09, 2025
Texas County Says HHS Is Unlawfully Freezing Refugee Funds
Texas' Harris County, which includes Houston, has joined a growing group of programs accusing the Trump administration of unlawfully freezing federal funds, writing that the administration is attempting to "starve" its refugee resettlement programs by cutting off funding already authorized by Congress.
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April 09, 2025
Labor Board Says Hotel Brochure Doesn't Justify H-2B Need
A Rhode Island hotel's marketing brochure could not overcome information deficiencies found in its application to hire three H-2B kitchen workers for its upcoming tourist season, a U.S. Department of Labor appeals board said.
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April 09, 2025
Immigration Board Says Appeal Period Starts On Decision Day
The Board of Immigration Appeals said when an immigration judge issues an oral decision, noncitizens must file an appeal within 30 days from the date the decision is rendered for it to be considered timely.
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April 09, 2025
Texas, NY Judges Halt Trump's Removals Under Wartime Law
Federal judges in Texas and New York barred the Trump administration on Wednesday from deporting alleged Venezuelan gang members under the 1798 Alien Enemies Act, after the U.S. Supreme Court said such individuals are entitled to judicial review.
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April 08, 2025
Jenner & Block, WilmerHale Seek Shutdown Of Trump Orders
Jenner & Block LLP and WilmerHale on Tuesday asked Washington, D.C., federal judges for permanent court orders blocking President Donald Trump's executive orders targeting the firms, saying the directives threaten the firms, their clients and the entire legal system.
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April 08, 2025
ACLU Sues To Block Deportation Of Venezuelan Nationals
The American Civil Liberties Union filed an emergency lawsuit on Tuesday in Manhattan federal court seeking to halt the deportation of Venezuelan nationals under the Alien Enemies Act, after the Supreme Court ruled the Trump administration can proceed with doing so.
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April 08, 2025
Justices Reshape Terrain For Alien Enemies Act Removals
The U.S. Supreme Court's Monday ruling allowing the Trump administration to resume deportations of alleged gang members under the 1798 Alien Enemies Act has experts relieved that the justices affirmed due process rights, but worried about how and where they will be exercised.
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April 08, 2025
DHS Accused Of Illegally Scrapping Foreign Student Records
Three anonymous current and former international students in the U.S. on F-1 visas are suing the U.S. Department of Homeland Security, alleging the agency terminated hundreds of student and exchange visitor information system records, effectively stripping them of their ability to remain in the country without due process.
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April 08, 2025
CFPB Withdraws From MoneyGram Suit, NY AG To Continue
The Consumer Financial Protection Bureau told a New York federal judge that it would like to drop out of its Biden-era enforcement lawsuit against MoneyGram International Inc., a move that would leave behind the New York attorney general as the sole plaintiff in the case.
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April 08, 2025
IRS Acting Chief To Depart Amid ICE Info Sharing Deal
The Internal Revenue Service's acting commissioner Melanie Krause plans to step down, the White House confirmed Tuesday, after the agency struck an agreement with immigration enforcement authorities to share taxpayer records of non-U.S. citizens under criminal investigation.
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April 08, 2025
Farmworkers Fight To Keep Wages Collective Suit Standing
A North Carolina federal judge should reject three farms' attempts to detangle a collective and snag an early win in a suit accusing them of failing to reimburse farmworkers for travel and visa expenses, the workers said, standing by claims they said are timely and well-supported.
Expert Analysis
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Trump's Day 1 Orders Augur Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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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.