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Immigration
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September 23, 2025
Feds Tell Justices GEO Can't Rush Detainee Labor Row Appeal
The federal government told the U.S. Supreme Court that immigrant detention contractor The GEO Group Inc. is wrong when it asserts that a federal judge's rejection of its immunity defense to a detainee class action could be appealed immediately.
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September 23, 2025
1st Circ. Calls BIA's Handling Of Late Filing 'Troubling'
The First Circuit on Monday faulted the Board of Immigration Appeals for refusing to consider a Guatemalan asylum applicant's appeal brief that was inadvertently filed in the wrong forum, finding the decision "troubling," and saying the BIA abused its discretion by not offering an explanation.
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September 23, 2025
ACLU Says ICE Won't Provide Records On Colo. Expansion
The American Civil Liberties Union Foundation of Colorado claimed in federal court on Tuesday that U.S. Immigration and Customs Enforcement is refusing to comply with a request for information on plans to expand operations in the state.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
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September 23, 2025
Religious Orgs Ask DC Circ. To Revive Bid To Block ICE Raids
Christian and Jewish religious organizations urged the D.C. Circuit to vacate a denial of their preliminary injunction request to stop immigration raids on places of worship, arguing Monday their injuries caused by attendance drops are traceable to the "unprecedented assault on their religious exercise" by the Department of Homeland Security.
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September 23, 2025
Feds Illegally Denying Immigrant Bond Hearings, Suit Says
The Trump administration is deliberately misclassifying immigrants marked for removal proceedings in an effort to illegally skirt their right to a bond hearing, according to a proposed class action filed Tuesday in Massachusetts federal court.
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
Justices Urged To Narrow Liability Defense In GEO Wage Row
Public Citizen urged the U.S. Supreme Court on Monday to rein in lower courts' interpretation of the 85-year-old Yearsley ruling, arguing it doesn't provide government contractors sovereign immunity derived from the government.
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September 22, 2025
DC Circ. Mulls International Media Funding, Firings
The D.C. Circuit is set to decide whether or not to allow the Trump administration to continue dismantling the agency that oversees state news broadcaster Voice of America after hearing consolidated arguments Monday morning in a quartet of cases challenging the shutdown.
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September 22, 2025
Feds Urge No Injunction In Ill. Migrant Shelter Fund Fight
An Illinois federal judge hearing Chicago and other municipalities' dispute over migrant-focused grant funds the U.S. Department of Homeland Security stopped reimbursing should not halt that decision while the parties' case plays out, because the funds aren't being moved or used elsewhere, the federal government argued Monday.
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September 22, 2025
NC Farms Didn't Jointly Employ Migrant Farmers, Judge Says
Three farm operators didn't jointly employ two Mexican migrant farmers who accused them of failing to reimburse workers for travel and visa expenses and requiring illegal kickbacks for meal charges, even though the farms filed H-2A visa applications together, a North Carolina federal judge ruled.
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September 22, 2025
Feds Say Banning Canadian CEO From US Was Legal
The federal government is urging a Washington federal court to throw out a suit from Eteros Technologies USA Inc. and its officers claiming U.S. Customs and Border Protection wrongly deported and revoked their trusted traveler status over the company's cannabis-related merchandise, saying CBP's actions are in keeping with federal law.
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September 22, 2025
DOJ Fights Dismissal Bid In NY ICE Courthouse Arrests Case
The Trump administration has doubled down on its challenge to a New York law that blocks immigration officials from making arrests near state courthouses, saying the law poses "intolerable obstacles" to immigration enforcement and must be swept aside.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
NY County Says It's Immune From Immigrant Detention Suit
Long Island officials on Friday asked a New York federal judge to throw out a class action brought by immigrants who say they were unlawfully detained past their release dates at the request of federal immigration authorities, saying local law enforcement has federal sovereign immunity when acting in cooperation with the feds.
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September 19, 2025
Trump Signs 'Gold Card' Visa Order Giving Priority For Cash
President Donald Trump signed an executive order Friday launching a "gold card" visa program that provides a pricier but speedier pathway for foreigners to reside in the U.S. "by voluntarily providing a significant financial gift to the nation," touting it as a step toward undoing the prior administration's "disastrous" immigration policies and bringing wealth to the nation.
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September 19, 2025
Detention Facility Contract Able To Proceed Amid Protest
A U.S. Court of Federal Claims judge refused to block the Army's decision to have construction proceed at an immigration detention facility at Fort Bliss, Texas, while a company protests the task order at the U.S. Government Accountability Office.
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September 19, 2025
Trump Administration Takes TPS Fight Back To Supreme Court
The Trump administration took its fight to end temporary protected status for Venezuela back to the U.S. Supreme Court on Friday, urging the justices to stay a district court decision that found the U.S. Department of Homeland Security's attempt to unwind those protections unlawful.
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September 19, 2025
9th Circ.: Feds Can't Give Up On 'Unclaimed' Hearing Notices
The Ninth Circuit has ruled the government cannot merely "throw up its hands and do nothing" when it learns a removal hearing notice has been returned unclaimed, vacating a lower court's denial of a Mexican immigrant's dismissal bid in a case accusing him of reentering the United States illegally.
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September 19, 2025
Under Trump, Hiring Immigration Lawyers Is Often Impossible
As the Trump administration follows through on campaign promises to arrest and deport millions, immigrants are increasingly finding that hiring an immigration lawyer is impossible. And without lawyers, they usually lose, no matter how strong their case is.
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September 19, 2025
NJ Shipyard Agrees To Pay $4M To Settle FCA Allegations
A New Jersey shipyard will pay $4 million to settle False Claims Act allegations that it employed immigrants without work authorizations to repair Navy vessels as part of its federal contract, prosecutors said.
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September 19, 2025
Former Immigration Judge's Bias Suit Gets Trimmed In Fla.
A Florida federal judge has trimmed multiple counts from a former immigration judge's discrimination lawsuit, finding that she failed to back up her bias claims.
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September 19, 2025
Trump Asks High Court To Lift Block On Trans Passport Ban
The Trump administration asked the U.S. Supreme Court on Friday to lift a nationwide order requiring the U.S. Department of State to issue passports to transgender and nonbinary individuals that reflect their gender identity, arguing the mandate wrongly compels the government to express speech it disagrees with.
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September 19, 2025
ICE Leaders Sued For Calif. Court Arrests, Custody Conditions
A class action complaint filed Thursday accused Trump administration officials of turning Northern California's immigration courts into "a trap" where masked agents ambush and needlessly arrest immigrants who must then endure squalid conditions in a makeshift San Francisco holding facility.
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September 19, 2025
2nd Circ. Lets Students Facing Removal Stay Free, For Now
The Second Circuit on Friday declined to revisit its earlier decisions that allowed two foreign students facing deportation, allegedly for their pro-Palestinian advocacy, to stay out of detention, rejecting the Trump administration's bid to find it lacks jurisdiction over their cases.
Expert Analysis
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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A Foreign Currency Breach Won't Always Sink EB-5 Cases
Recent court decisions show that, while EB-5 investors must be able to show the lawfulness of their funds and methods of transfer, a third-party currency exchanger's violation of another country’s currency export control law does not, by itself, taint the funds for purposes of U.S. investment, says Jun Li at Reid & Wise.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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What New ÃÛÌÒÊÓÆµ Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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Navigating Conflicts Of Interest In H-1B Worker Terminations
Given a current uptick in removal proceedings and shortened lawful grace periods for terminated H-1B workers, immigration attorneys should take specific steps in order to effectively manage dual representation and safeguard the interests of both employers and employees, says Cyrus Mehta at Cyrus D. Mehta & Partners.