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Immigration
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July 14, 2025
DC Circ. Temporarily Stays Block Of Trump's Asylum Curbs
The D.C. Circuit agreed to pause a district court injunction blocking federal officials from implementing President Donald Trump's Jan. 20 proclamation declaring an invasion at the southern border while it weighs the government's request for an emergency stay during the appeal.
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July 14, 2025
DC Circ. Says Biden DOL Didn't Improperly Issue H-2A Rule
The D.C. Circuit has said the Biden administration did not flout notice and comment rulemaking procedures when it issued a rule in 2022 revising the H-2A visa worker program because it pulled the Trump administration's 2021 version of the rule before it became final.
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July 14, 2025
Deportation Before Due Process? Mass. Justices To Decide
A Haitian man charged with sexual assault in Massachusetts hopes to be deported home instead of facing a trial, an unusual case where the state's highest court is expected to decide whether judges can use bail to keep a person in state custody out of immigration proceedings.
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July 14, 2025
Privilege Issue Snarls Free-Speech Trial Over Deportations
A Massachusetts federal bench trial in a suit by academic groups accusing the Trump administration of targeting for deportation noncitizens who express support for Palestinians was on hold Monday while the First Circuit considers whether certain government materials are privileged, including some that have already been discussed in open court.
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July 14, 2025
Nonprofit Sues DHS For Info On ICE Actions
Democracy Forward Foundation has launched a lawsuit against the Trump administration in Washington federal court, seeking to compel the U.S. Department of Homeland Security to release documents pertaining to White House official Stephen Miller's role in leading immigration enforcement actions.
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July 11, 2025
Judge Bars Indiscriminate Immigration Stops In SoCal
A California federal judge on Friday temporarily blocked the Trump administration from relying on people's perceived ethnicity or job to stop individuals amid federal immigration raids in Southern California, while also ordering the U.S. Department of Homeland Security to provide detainees with access to lawyers.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
State Dept. Defends Visa Revocations For Anti-Israel Protests
A senior U.S. Department of State official testified Friday that a series of high-profile visa and green card revocations were based on participation in campus protests or other acts that "fostered a hostile environment for Jewish students" and included expressions of support for terrorist organizations.
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July 11, 2025
Judge Considers Halt On Abrego Garcia's Deportation
A Maryland federal judge said Friday she would seek to ensure that Kilmar Abrego Garcia isn't deported without due process again, pressing government attorneys to either adequately guarantee that he'll get sufficient notice and a chance to challenge his removal, or to expect an order from her requiring it.
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July 11, 2025
Feds Urge 1st Circ. To Toss Third Country Injunction
The Trump administration urged the First Circuit to throw out an injunction enforcing due process protections for immigrants facing deportation to third countries, saying the U.S. Supreme Court concluded the government is likely to succeed on the merits of the challenge.
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July 11, 2025
Bove Faults 'Heavy-Handed' Jan. 6 Cases
Third Circuit nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by Law360 on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.
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July 11, 2025
DOJ Slams 'Stingy' Reading Of Trump's Border Authority
Government attorneys told the D.C. Circuit that a lower court's injunction stopping President Donald Trump from restricting asylum at the southern border is based on a "stingy" interpretation of his authority, warning that if it's left to stand, it could thwart border security efforts.
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July 10, 2025
9th Circ. Sides With Civil Aid Attys In H-2A Farm Docs Dispute
A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.
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July 10, 2025
Fla. Lawmakers Sue DeSantis Over Detention Center Access
Democratic state lawmakers in Florida sued Gov. Ron DeSantis on Thursday to demand access to the new immigrant detention center in the Everglades the lawmakers say they were blocked from visiting last week.
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July 10, 2025
HHS Narrows Health Benefits Available To Noncitizens
The U.S. Department of Health and Human Services on Thursday announced that immigrants living in the country without legal authorization and other noncitizens will no longer be eligible for benefits under Head Start and a host of other federal healthcare programs, based on the agency's reinterpretation of a 1996 social welfare law.
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July 10, 2025
Judge Mulls 48-Hour Hold To Protect Abrego Garcia's Rights
An Immigration and Customs Enforcement official testified Thursday that Kilmar Abrego Garcia would be taken into custody as soon as he's released from U.S. Marshals Service custody in Tennessee, but that no determinations had yet been made about where the government might seek to deport him then.
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July 10, 2025
Khalil Seeks $20M For 'Politically Motivated' Detention, Arrest
Mahmoud Khalil, the Columbia University graduate and pro-Palestinian activist whom immigration officials are seeking to deport, is pursuing $20 million in damages for allegedly malicious prosecution and abuse of process, the Center for Constitutional Rights announced Thursday.
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July 10, 2025
DHS Official Walks Back Testimony On Deportation Leads
A U.S. Department of Homeland Security official testified in Massachusetts federal court on Thursday that he was only "speculating" when he said during a deposition last month that the offices of border czar Tom Homan and U.S. Homeland Security Secretary Kristi Noem were behind a decision to use pro-Israel websites to source leads on potential deportation targets.
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July 10, 2025
Dems Say 3rd Circ. Nominee Urged DOJ To Ignore Courts
Senate Democrats on the Judiciary Committee on Thursday unveiled 150 pages of documents, which they say substantiate whistleblower allegations against Third Circuit nominee Emil Bove and raise concerns about his conduct during his tenure at the U.S. Department of Justice.
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July 10, 2025
Judge Blocks Trump's Birthright Citizenship Order Nationwide
A New Hampshire federal judge on Thursday issued a nationwide block of President Donald Trump's executive order limiting birthright citizenship, and granted certification to a nationwide class that will cover all affected children born in the U.S.
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July 09, 2025
DOJ Atty Floats Axing Removal Law As Only Fix For Adversaries
A U.S. Department of Justice attorney suggested that killing the expedited removal statute, which enables the swift expulsion of unauthorized immigrants, is the only hypothetical relief that a court can offer a group challenging President Donald Trump's expansion of the law.
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July 09, 2025
LA County, Cities Want In On Immigration Enforcement Suit
Los Angeles County and several of its cities have urged a California federal court to let them join a proposed class action that seeks to stop the Trump administration from continuing what officials say are unconstitutional immigration raids in their communities.
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July 09, 2025
11th Circ. Rules Against Hotelier In Arbitration Battle
The Eleventh Circuit on Tuesday affirmed a bankruptcy court's annulment of an automatic stay to allow enforcement of an arbitral award issued in a dispute over a failed $250 million hotel conglomerate, rejecting arguments that the order was barred under a 2020 U.S. Supreme Court decision.
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July 09, 2025
Supreme Court Denies Fla. Bid To Enforce Immigration Law
The U.S. Supreme Court on Wednesday denied Florida's request to lift a block on a state law that criminalizes the entry of unauthorized immigrants into the state, leaving in place a ruling that the law is likely preempted by the federal Immigration and Nationality Act.
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July 09, 2025
DHS Used Pro-Israel Sites To Target Activists, Official Testifies
A mid-level U.S. Department of Homeland Security official told a Massachusetts federal court on Wednesday that the agency relied in part on pro-Israel websites that post dossiers on individuals deemed to support Palestine to identify potential targets for visa and green card revocations.
Expert Analysis
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.