Immigration

  • May 21, 2025

    Democrats Wary of Nominees' Pledge To Honor Court Orders

    Nominees for top roles at the U.S. Department of Justice and the U.S. Department of Homeland Security fended off questions from Democrats on Wednesday about the Trump administration's willingness to defy court orders and pledged that the White House would at least follow rulings of the Supreme Court.

  • May 21, 2025

    Gov't Violated Court Order With Removals, Judge Says

    A Massachusetts federal judge on Wednesday found that the government violated his order requiring due process protections for individuals facing removal to countries where they have no ties and may face harm, after a group of migrants were put on a plane bound for war-torn South Sudan with just hours' notice.

  • May 20, 2025

    'Not A Denny's': 5th Circ. Judge Chides High Court Stopwatch

    The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.

  • May 20, 2025

    Chancery Orders EB-5 Co. Head To Pay Ousted Member $6.9M

    A Delaware vice chancellor has ordered the founder and controller of a Philadelphia-based center that oversees an investment incentive program for foreign nationals to pay nearly $6.9 million to a member who was obliged to cash out under what the court found to be unfair, conflicted terms.

  • May 20, 2025

    Gov't Says Unions Too Slow In Calling For Halt Of Restructure

    President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.

  • May 20, 2025

    The Alien Enemies Act Cases: A Roundup

    Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.

  • May 20, 2025

    9th Circ. Says Dad Didn't Show Sons' Hardships If Deported

    The Ninth Circuit on Tuesday rejected a Mexican father's bid for deportation relief based on extreme hardships he claimed his sons would face if they accompanied him to Mexico, saying in a published opinion that substantial evidence suggested otherwise.

  • May 20, 2025

    Feds Ignored Order With South Sudan Removals, Judge Told

    Lawyers for immigrants at risk of being deported to countries where they have no prior ties and may face harm told a Boston federal judge Tuesday that the government removed at least two class members to South Sudan in violation of a court order.

  • May 20, 2025

    9 Students Can Keep F-1 Visa Status, NJ Judge Says

    A New Jersey federal judge has blocked the U.S. Department of Homeland Security from detaining or deporting a group of nine international students or terminating their F-1 immigration status, finding that there is no evidence the students failed to maintain it.

  • May 20, 2025

    4th Circuit Won't Halt Order For Asylum-Seeker's Return

    A divided Fourth Circuit denied the Trump administration's request to halt a district court order requiring the government to bring back a 20-year-old Venezuelan with a pending asylum application who was deported to a Salvadoran prison despite a class settlement barring his removal.

  • May 20, 2025

    Trump Case May Bolster Wis. Judge's Pitch For Immunity

    The Wisconsin judge accused of obstructing federal immigration authorities' arrest of an unauthorized migrant in her courtroom has a strong argument that judicial immunity protects her after the U.S. Supreme Court's presidential immunity ruling, some experts say, while others say judicial immunity does not extend to criminal prosecutions.

  • May 19, 2025

    Feds Want Full 2nd Circ. To Toss Student Removal Challenges

    The U.S. Department of Justice has asked the full Second Circuit to reconsider a pair of decisions siding with students who say they were detained by immigration officials for expressing pro-Palestinian views, doubling down on its argument that courts don't have the jurisdiction to consider the government's removal decisions.

  • May 19, 2025

    Feds Denied Stay In 1st Circ. Third Country Removal Suit

    The First Circuit rejected the Trump administration's attempt to halt a federal court order directing the U.S. Department of Homeland Security to provide due process protections for immigrants facing deportation to third countries where they have no ties.

  • May 19, 2025

    2nd Circ. Tosses Case Of 30-Year Undocumented Immigrant

    The Second Circuit on Monday affirmed the dismissal of a Chinese woman's lawsuit challenging the denial of her adjustment of status, saying the denial triggered a bar on judicial review, even if it wasn't an immigration court that denied her application.

  • May 19, 2025

    21 AGs Join Fight To Keep DHS Oversight Offices Open

    A group of 21 attorneys general joined nonprofits Friday in urging a D.C. federal judge to force the Trump administration to reopen offices that oversee various U.S. Department of Homeland Security programs and investigate related civil rights claims, arguing that the DHS' abrupt closure of the offices could have devastating consequences.

  • May 19, 2025

    ICE Can't Deport Day Laborers Arrested In Home Depot Lot

    A California federal judge has temporarily barred the Trump administration from deporting a group of Guatemalan immigrant day laborers who claim they were unconstitutionally arrested in a Home Depot parking lot hundreds of miles from the U.S.-Mexico border and illegally forced into expedited deportation proceedings.

  • May 19, 2025

    Justices Allow End Of Temporary Protections For Venezuelans

    The U.S. Supreme Court ruled Monday that the Trump administration may rescind temporary protected status for Venezuelans, lifting a California federal judge's order requiring the government to keep Biden-era removal protections and work authorizations in place during a legal battle over a policy change.

  • May 16, 2025

    Woman Can't Get Bond After Arrest Near Border, Board Rules

    The Board of Immigration Appeals affirmed Friday that a woman who Interpol wanted to be arrested is ineligible for release on bond, rejecting her contention that she was detained near the border under a certain section of federal immigration law that allows for her release.

  • May 16, 2025

    9th Circ. Revives Nicaraguan Family's Asylum Bid

    A split Ninth Circuit panel on Friday revived a Nicaraguan family's bid for deportation relief, saying an immigration judge improperly handled their claims of persecution stemming from a mother's participation in a 2018 march protesting the country's Ortega regime.

  • May 16, 2025

    DOJ's Privilege Claim Questioned In Abrego Garcia Case

    A Maryland federal judge said Friday that the Trump administration had provided scant explanation for invoking state secrets privilege to shield information in litigation challenging the removal of Kilmar Abrego Garcia to El Salvador.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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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Expert Analysis

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    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.

  • Immigration Atty Tips For Avoiding Prosecution Under Trump

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    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.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    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.

  • Series

    Gardening Makes Me A Better Lawyer

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    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.

  • How Trump's 2nd Term May Alter The Immigration Landscape

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    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.

  • Litigation Inspiration: Reframing Document Review

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    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.

  • Rank-And-File DOJ Attorneys Will Keep Calm And Carry On

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    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.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    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.

  • How Boards And Officers Should Prep For New Trump Admin

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    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.

  • Series

    Flying Makes Me A Better Lawyer

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    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.

  • 'Reverse Redlining' Suit Reveals Language Risks For Lenders

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    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.

  • What Trump's Next Term May Mean For Biz Immigration

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    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.

  • Series

    Circus Arts Make Me A Better Lawyer

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    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.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    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.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    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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