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Immigration
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September 03, 2025
5th Circ. Deems Trump's Use Of Wartime Removal Law Illegal
A split Fifth Circuit panel ruled that President Donald Trump's March proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members likely ran afoul of the wartime law and blocked removals in the Northern District of Texas.
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September 02, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.
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September 02, 2025
4th Circ. Says Cooking For Terrorists Doesn't Bar Asylum
The Fourth Circuit revived a deported Nigerian man's immigration case Tuesday, ruling a brief stint as a cook for a terrorist group did not rise to a level of "material support" to make him ineligible for asylum.
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September 02, 2025
DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens
Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.
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September 02, 2025
Military Lawyers To Work As Temporary Immigration Judges
The U.S. Department of Defense is working to identify military lawyers to serve as temporary immigration judges at the U.S. Department of Justice, according to an agency spokesperson.
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September 02, 2025
Nearly Deported Minors Back In HHS Care, Feds Report
All 76 unaccompanied children whom the Trump administration tried to deport to Guatemala over the weekend are back in the custody of the federal agency that oversees their care after a federal judge halted their removal, the government said.
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September 02, 2025
Feds' Immigration Policy 'Fundamentally Unfair,' Judge Says
A Michigan federal judge ruled that the detention of a longtime Detroit resident by Immigration and Customs Enforcement without a bond hearing violates his due process rights, ordering his immediate release or a hearing by the end of the week and calling the government's recent directive to detain all noncitizens "wrong."
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September 02, 2025
Calif. Judge Rules Trump's Troop Deployment Was Unlawful
A California federal judge ruled Tuesday that President Donald Trump's use of the National Guard to quell protests in Los Angeles over immigration raids was a violation of the Posse Comitatus Act, saying Congress "clearly" limited the military's role in domestic law enforcement.
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August 29, 2025
Logistics Cos. Can't Escape Worker Visa Misuse Class Action
Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.
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August 29, 2025
Full DC Circ. Asked To Revive Inquiry Into El Salvador Flights
The American Civil Liberties Union is asking the full D.C. Circuit to review a panel ruling ending a district judge's investigation into the Trump administration's first flights of Venezuelan citizens to El Salvador in March, claiming that the decision undermines the court's fundamental authority to enforce its orders.
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August 29, 2025
Board Says 'Speculative' Relief No Reason To Delay Hearings
The Board of Immigration Appeals has ruled immigration judges generally can't postpone hearings based on a noncitizen's "speculative assertion" they might be eligible for another form of removal relief they have not previously raised.
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August 29, 2025
Texas Fights Statewide Block Of Migrant Transport Order
Texas has urged a federal court not to issue a statewide injunction against an executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants in the wake of a Supreme Court decision limiting universal injunctive relief.
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August 29, 2025
DOJ Swears In 3 New Board Of Immigration Appeals Members
The Executive Office for Immigration Review announced Friday that three new Board of Immigration Appeals members — Sheila E. Gallow, Marcos Gemoets and Kathleen K. Volkert — were sworn in during a ceremony on Thursday.
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August 28, 2025
Amid Firings, DOJ Opens Temp Judge Eligibility To Any Atty
A new final rule that took effect Thursday removes prior restrictions on who can be a temporary immigration judge, opening the positions to any attorney and waiving the requirement for immigration law experience while the Trump administration continues firing permanent judges.
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August 28, 2025
Trump Admin Backs Harvard Foreign Student Ban At 1st Circ.
The Trump administration defended its attempt to bar foreign students from enrolling at Harvard University, telling the First Circuit in a brief filed Thursday that a federal judge who blocked the move has no business second-guessing immigration decisions made by the executive branch.
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August 28, 2025
Court Blocks Bid To Keep Everglades Detention Center Open
A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location.
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August 28, 2025
Labor Atty Rejoins McGuireWoods After Food Company Stint
McGuireWoods LLP announced Wednesday that it has welcomed an alumnus back to its labor and employment team following his stint as an associate general counsel for packaged meat company Smithfield Foods Inc.
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August 28, 2025
Clark Hill Adds Tafapolsky & Smith Immigration Team In SF
Clark Hill PLC is growing its immigration team, bringing in three Tafapolsky & Smith LLP immigration attorneys in its San Francisco office — two as members, one as a senior attorney — and adding a completely new immigration practice area in the process.
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August 27, 2025
DC Circ. Told Quick Removals For Parolees Rightly Blocked
The D.C. Circuit should not allow the Trump administration to "destroy" the promise that the federal government made to immigrant parolees during the Biden administration by subjecting them to expedited removal, an advocacy group told the appellate court.
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August 27, 2025
DHS Aims To Limit Visa Duration For Foreign Students, Press
The U.S. Department of Homeland Security said Wednesday it intends to change the terms of F, J and I visas for foreign students, exchange visitors and members of the foreign press, respectively, scrapping open-ended admissions in favor of fixed stays.
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August 27, 2025
NYC Prepares For School Year Amid Immigration Crackdown
New York City officials on Wednesday reassured immigrant families that the city's schools are safe for children to attend, despite a wider immigration crackdown that has concerned many New Yorkers.
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August 27, 2025
Texas Firm Hits Feds With Suit Over Unpaid Border Work
A Texas construction company said U.S. Customs and Border Protection has unlawfully refused to pay it $10.5 million for work performed under a contract terminated after a judge blocked the Biden administration from using border wall construction funds for barrier repairs.
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August 27, 2025
Abrego Garcia's Removal Ban Extended Through October
A Maryland federal judge on Wednesday forbade the Trump administration from deporting Kilmar Abrego Garcia or moving him more than 200 miles away from her courthouse through at least October, while his attorneys said he will seek asylum in the U.S.
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August 26, 2025
Judge Won't Pause Order To Reinstate Foreign Aid
A D.C. federal judge denied Monday night the Trump administration's request to stay his preliminary injunction requiring the government to commit certain foreign aid funds by Sept. 30, writing that the administration had said months ago that it could begin obligating money earlier this month if it had to.
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August 26, 2025
Scholars, Others Back Students Facing Foreign Policy Removal
A group of habeas corpus scholars threw their support Tuesday behind Turkish college student Rümeysa Öztürk, whom the Trump administration wants to deport on foreign policy grounds, warning the Second Circuit that the government's tactics threaten to effectively suspend the great writ.
Expert Analysis
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Immigration Atty Tips For Avoiding Prosecution Under Trump
Under the incoming Trump administration, immigration attorneys may need to protect themselves from prosecution when advising clients who may not qualify for relief sought by choosing their words carefully and keeping other key factors in mind, says Michele Carney at Carney & Marchi.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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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.