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Immigration
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May 16, 2025
Trump Calls On Justices To Stay Block Of Gov't Restructuring
President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.
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May 16, 2025
Chicago, Denver Sue DHS To Keep Migrant Funding Flowing
Chicago, Denver and an Arizona county sued the U.S. Department of Homeland Security on Friday for allegedly overstepping Congress' authority by clawing back funds to shelter and assist new migrants, claiming the agency has decided to eliminate the Biden-era program without congressional approval.
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May 16, 2025
11th Circ. Troubled By Feds' Reversal On ALJ Removal Law
Eleventh Circuit arguments on whether Walmart Inc. must face an administrative law judge over alleged immigration recordkeeping violations were derailed Friday by the court's concerns about the Trump administration's decision to no longer defend the statute protecting such judges from removal by the executive branch.
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May 16, 2025
Justices Keep Pause On Some Venezuelan Removals
The U.S. Supreme Court on Friday reasserted that the Trump administration cannot remove from the country alleged Venezuelan gang members who are currently detained in northern Texas under the Alien Enemies Act while they challenge the president's invocation of the 1798 wartime law.
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May 16, 2025
5th Circ. Reverses Intervention Denial For Border Wall Cos.
A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.
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May 15, 2025
Each Justice's Key Comments At Universal Injunction Args
U.S. Supreme Court justices conducted a searching inquiry Thursday regarding the Trump administration's quest to curtail sweeping injunctions against its agenda, sometimes sounding sympathetic but also wary of alternative remedies and the White House's willingness to accept any future courtroom losses.
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May 15, 2025
Judge Rescinds Refugee Order In Trump Shutdown Challenge
A Washington federal judge on Thursday walked back an order instructing the Trump administration to admit thousands of refugees, saying the Ninth Circuit has further clarified its ruling allowing the federal government to largely proceed with the president's suspension of the refugee program pending a legal challenge.
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May 15, 2025
11th Circ. Urged Not To Rush Appeal Of Fla. Migrant Law Block
Immigration organizations have told the Eleventh Circuit there is no need to expedite Florida's appeal of an injunction blocking a state law criminalizing the entry of unauthorized immigrants because the state has produced no practical reason to speed up the appeal.
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May 15, 2025
Nepalese Man's CAT Protection Denied by Appeals Board
The Board of Immigration Appeals affirmed an immigration judge's denial of a Nepalese man's request for protection under the Convention Against Torture, agreeing he did not show that public officials there were likely to acquiesce to his torture.
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May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring
A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
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May 15, 2025
Justices Wary Of Pausing Sweeping Injunctions In Birthright Case
A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.
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May 15, 2025
Harvard Researcher Held By ICE To Be Returned To Mass.
A Harvard Medical School researcher and Russian national taken into custody by immigration officers who found frog embryos in her luggage three months ago will be returned to Massachusetts to face a smuggling charge, a Louisiana federal judge ordered on Thursday.
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May 15, 2025
Judge Puts Buffer Between ICE And Tufts Student After Bail Order
A Vermont federal judge on Thursday said he will require U.S. Immigration and Customs Enforcement to provide at least 48 hours' notice to his court of any future plan to detain Tufts University doctoral student Rümeysa Öztürk, after her lawyers expressed concern that the government could attempt an end-run around his bail order.
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May 15, 2025
Feds, Immigrants Spar Over Defense Dept. Role In Removals
A group of immigrants facing deportation to countries where they have no prior ties and may be at risk of harm urged a Massachusetts federal judge to add the U.S. Department of Defense as a defendant in their pending class action, a move the government says is unnecessary.
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May 15, 2025
Immigration Board Says Email Notice Counts Even If Unread
The Board of Immigration Appeals ruled that email notifications sent through the Executive Office for Immigration Review's case portal constitute sufficient notice of briefing schedules — even if those emails are never opened — placing the burden on attorneys to monitor their inboxes and spam folders.
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May 15, 2025
$92.5M Overdetention Settlement Deadline Extended 3 Months
People who were wrongfully detained too long by immigration authorities have three additional months to file claims under a $92.5 million settlement, one of the largest immigration-related civil rights deals in New York City history, according to an announcement Thursday by the law firm that won the deal.
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May 14, 2025
2 Mothers Fighting 'Inhumane' ICE Conditions To Stay In US
A Maryland federal judge on Wednesday blocked the federal government from deporting two mothers detained in immigration holding cells in Baltimore pending their putative class action challenging the lawfulness of allegedly prolonged, inhumane and punitive detention conditions.
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May 14, 2025
DOJ Tells Judge It's Reshaping, Not Killing, Detainee Legal Aid
A D.C. federal judge suggested he might need more in an administrative record to decide whether to reinstate government-backed legal assistance programs for detained noncitizens after a late filing from the feds suggested congressionally appropriated funds would still go out but to different recipients.
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May 14, 2025
Canadian Pot Gear Exec Fights Feds' Bid To Exit Border Suit
The Canadian CEO of a cannabis agricultural equipment company claims federal authorities have again illegally denied him entry into the United States, despite the U.S. Department of Homeland Security's recent assurance it had revoked a previous removal order while seeking to dodge his lawsuit in Seattle federal court.
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May 14, 2025
ICE Policy Tweak Won't Fix Harm To F-1 Students, Judge Says
A California federal judge issued an injunction Wednesday in multiple cases challenging the Trump administration's termination of foreign students' F-1 visa records, rejecting the government's arguments that its recent policy change eliminates the likelihood students will be irreparably harmed, but he held off on deciding whether to grant nationwide relief.
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May 14, 2025
Virginia Judge Orders ICE To Release Georgetown Academic
A Virginia federal judge on Wednesday ordered the release of a Georgetown University fellow that the Trump administration detained and initiated removal proceedings against while his habeas case is pending.
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May 14, 2025
Harvard Researcher Charged With Smuggling Amid ICE Case
Federal prosecutors on Wednesday unsealed criminal smuggling charges against a Russian national and Harvard Medical School researcher who has been challenging her monthslong detention by U.S. Immigration and Customs Enforcement after she returned to the U.S. from Europe carrying frog embryos.
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May 14, 2025
Texas Judge Latest To Bar Removals Under Wartime Law
A Texas federal judge joined a chorus of other courts that have slammed the brakes on President Donald Trump's proclamation invoking the Alien Enemies Act to remove alleged Tren de Aragua gang members from the United States, saying the policy likely violates a slew of federal laws.
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May 14, 2025
Farm Groups Fight Further Delay In H-2A Wage Rule Suit
Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.
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May 14, 2025
Wis. Judge Seeks To Nix Charges Of Blocking ICE Arrest
The Wisconsin state judge arrested for allegedly helping an undocumented immigrant evade arrest moved to dismiss the "unprecedented" federal criminal case against her on Wednesday, claiming it blatantly violates the separation of powers principles at the heart of the U.S. Constitution.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.