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Immigration
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April 11, 2025
Judge Wants Daily Updates On Man Deported To El Salvador
A Maryland federal judge on Friday said it was "extremely troubling" that a U.S. Department of Justice lawyer could not share the whereabouts of a Maryland man mistakenly deported to an El Salvador prison or the steps being taken to return him, ordering daily updates about whether the government is taking measures to bring the man back.
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April 11, 2025
DOJ Confirms Immigration Board Was Nearly Halved
The U.S. Department of Justice confirmed in an interim final rule on Friday that it slashed the number of board members on the Board of Immigration Appeals from 28 to 15, saying the greater number did not lead to more efficiency.
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April 10, 2025
Immigration Groups Seek Unredacted Tax Data-Sharing Pact
Immigration advocates trying to block the Internal Revenue Service from disclosing taxpayers' information to the U.S. Department of Homeland Security and other agencies urged a D.C. federal court on Thursday to require the Justice Department to hand over an unredacted version of a government agreement to share the confidential data.
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April 10, 2025
9th Circ. Remands Challenge To Biden-Era Asylum Limits
The Ninth Circuit on Thursday remanded a district court's 2023 vacatur of a Biden-era rule placing limits on asylum so that the lower court can address legal developments, but one circuit judge asserted that the remand was the latest move in an "ongoing game of Supreme Court keep-away."
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April 10, 2025
Judge To Stop DHS From Ending Parole For 450K Immigrants
A Boston federal judge said Thursday that she expects to block the U.S. Department of Homeland Security from bringing an early end to a Biden-era decision allowing nearly a half-million immigrants from Cuba, Haiti, Nicaragua and Venezuela to stay in the United States while they seek asylum or other legal status.
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April 10, 2025
ICE Doctor's Defamation Suit Can Stand For Now, Judge Says
A Georgia federal judge has refused to toss a defamation lawsuit filed by a former immigration facility doctor who alleged he was defamed by the release of a true-crime podcast episode that accused him of performing forced hysterectomies on detainees.
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April 10, 2025
Mass. Officials, Feds On A 'Low Boil' After Midtrial ICE Arrest
The midtrial immigration arrest of a Dominican national during his Massachusetts court case has raised tensions between federal and state prosecutors and threatens to injure cooperation between the offices, experts say.
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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.
Expert Analysis
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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.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Expect A Big Shake Up At The EEOC Under 2nd Trump Admin
During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.