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Immigration
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April 24, 2025
Harvard Seeks To Move 'Swiftly' In $2B Fund Freeze Suit
Harvard University is seeking to move as quickly as possible to get to the merits of its suit challenging the Trump administration's $2.2 billion funding freeze, asking a Massachusetts federal judge to expedite discovery and briefing.
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April 23, 2025
Trump Admin's Border Cash Reporting Order Halted
A California federal judge has temporarily blocked the Trump administration's order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, saying that, among other things, the plaintiffs have sufficiently pled that the order is arbitrary and capricious.
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April 23, 2025
DOJ, Legal Groups Spar Over Migrant Kids Counsel Funding
Attorneys representing groups that provide legal representation to unaccompanied immigrant children and a government attorney sparred Wednesday over whether the government is legally obligated to fund such legal counsel during a hearing on the groups' motion for preliminary injunction in California federal court.
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April 23, 2025
Sanctuary Cities Near Block Of Trump Plan To Withhold Funds
A California federal judge said Wednesday that he's inclined to block a Trump administration plan to withhold federal funding to "sanctuary jurisdictions," saying the cities and counties who sued have demonstrated a "well-founded fear" that the president's executive order and an attorney general directive will deprive them of critical funding.
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April 23, 2025
Fla. AG Tells Cops TRO Blocking Migrant Law Is Unlawful
Florida's Attorney General on Wednesday informed law enforcement agencies of a federal judge's extension of a temporary restraining order blocking enforcement of a law criminalizing the entry of unauthorized migrants but told them he could not stop them from enforcing the law because "no lawful, legitimate order" prevents them from doing so.
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April 23, 2025
4th Circ. Says Immigration Board Evidence Standard Too High
The Fourth Circuit on Tuesday gave an Ethiopian man another chance to reopen his removal case following his marriage to an American woman, ruling that the Board of Immigration Appeals applied the wrong standard when it required that he provide "clear and convincing evidence" of his marriage's "bona fides."
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April 23, 2025
Judge To Consider Bond For Detained Palestinian Student
A Vermont federal judge asked for more input on Wednesday from the government and a Palestinian green card holder fighting his detention and removal on foreign policy grounds, while scheduling a bond hearing for the Columbia University student for next week.
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April 23, 2025
Standing May Doom Academic Groups' Suit Over Removals
A Massachusetts federal judge on Wednesday declined to consider a request by a group of academic organizations to immediately bar the government from deporting students and faculty over pro-Palestinian activity, and hinted that he may dismiss the complaint for lack of standing.
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April 23, 2025
Feds Ask 1st Circ. To Pause Block On '3rd Country' Removals
The Trump administration has asked the First Circuit to lift an order restricting deportations to countries where migrants have no prior ties and may face safety risks, describing the Massachusetts federal judge's ruling as an "unlawful" overreach.
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April 23, 2025
Immigration Board Won't Halt Removal Of Ex-Gang Member
The Board of Immigration Appeals said a former MS-13 gang member has not met his burden to show that he is more likely than not to be tortured in El Salvador, reversing an immigration judge's decision deferring his removal.
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April 22, 2025
Venezuelan Deportation Ban Extended Amid Due Process Fears
A Manhattan federal judge on Tuesday extended a temporary ban on the deportation of purported Venezuelan gang members targeted for removal by the Trump administration, saying the detainees must be provided with adequate notice and an opportunity to bring a legal challenge against their removals.
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April 22, 2025
Reporters Extend Block On Plan Threatening Voice Of America
A D.C. federal judge on Tuesday extended an earlier order blocking the Trump administration from dismantling the agency that oversees Voice of America, saying the coalition of journalists, unions and a reporter advocacy group seeking the preliminary injunction demonstrated the likelihood of "irreparable harm" absent the relief.
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April 22, 2025
Judge Urged To Return Asylum Applicant Sent To El Salvador
Lawyers representing a class of young asylum-seekers told a Baltimore federal judge Tuesday that the federal government wrongly deported a 20-year-old Venezuelan asylum applicant to an El Salvador prison, arguing the Trump administration should be ordered to facilitate his return, just as it was in Kilmar Abrego Garcia's high-profile case.
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April 22, 2025
Calif. Judge In Migrant Kids' Funding Suit Keeps Aid Flowing
A California federal judge denied Monday the Trump administration's request to dissolve a temporary restraining order blocking the government from cutting off migrant legal services programs for unaccompanied minors, rejecting the government's arguments that the stay runs afoul of a recent U.S. Supreme Court ruling.
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April 22, 2025
In Trump Standoff, Harvard Has Law And Money On Its Side
With strong free-speech arguments and plenty of cash at its disposal, Harvard University appears better positioned than most Trump administration foes to win a high-stakes and closely watched showdown over threats to cut off funding, experts told Law360.
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April 22, 2025
Colo. Judge Extends Halt On Removal Of Venezuelan Migrants
A Colorado federal judge on Tuesday lengthened her temporary bar on the removal of Venezuelan migrants who are or will be detained in the state under a 1798 wartime law, writing in an order that her court "must follow suit" after high court justices issued a stay in a Texas case.
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April 22, 2025
Justices Say Self-Removal Deadlines Don't Include Weekends
The U.S. Supreme Court ruled Tuesday that individuals with a self-deportation deadline that falls on a weekend or federal holiday may move to reopen their removal cases the following business day.
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April 21, 2025
DHS Voids Order Ousting Canadian Cannabis Machinery CEO
The U.S. Department of Homeland Security on Monday urged a Washington federal judge to throw out a lawsuit accusing federal agents of illegally barring the Canadian CEO of a cannabis harvesting equipment company from entering the United States, citing the government's recent decision revoking a removal order against him.
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April 21, 2025
Harvard Sues Trump Admin Over $2B Funding Freeze
Harvard University on Monday hit the Trump administration with a suit in Massachusetts federal court, escalating a high-profile battle after the government slashed more than $2 billion in funding amid allegations the elite school has failed to properly address antisemitism on its campus.
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April 21, 2025
Ga. Judge Orders DHS To Restore Int'l Students' Legal Status
A Georgia federal judge has ordered the U.S. Department of Homeland Security to restore the legal status of more than 130 current and former international college students who said they faced "devastating immigration outcomes such as detention and deportation" after their files were purged from a federal database.
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April 21, 2025
U-Visa Seekers Push For Class Cert. In Processing Delays Suit
U-visa petitioners suing U.S. Citizenship and Immigration Services over alleged unreasonable delays of processing their work authorizations sought class certification Friday, a few months after a Michigan federal judge revived the claims.
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April 21, 2025
Colo. Judge Skeptical She Can't Hear 'Alien Enemies' Case
A Colorado federal judge was dubious on Monday that her court lacks jurisdiction over habeas petitions from two Venezuelan men challenging their potential deportation under the Alien Enemies Act, saying the U.S. Supreme Court's early morning intervention in an "extremely similar" case seems to support extending a block on removing migrants.
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April 21, 2025
Unions Score Block On Orders To Fire Probationary Workers
A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.
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April 21, 2025
Feds Say Expanded Quick Removals Suit Should Be Axed
The Trump administration urged a D.C. federal judge to throw out the American Civil Liberties Union's lawsuit over the government's dramatic expansion of rapid deportations that bypass the immigration court system, saying expedited removal has long been upheld by the courts.
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April 20, 2025
High Court's Pause Of Removals Was 'Premature,' Alito Says
The U.S. Supreme Court's decision early Saturday morning to prohibit the Trump administration from using a 1798 wartime law to remove alleged Venezuelan gang members detained in northern Texas to an El Salvadoran prison was hasty and premature, Justice Samuel Alito wrote in a dissent joined by Justice Clarence Thomas.
Expert Analysis
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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.
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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.