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Immigration
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June 26, 2025
Md. Judge Won't Rush Abrego Garcia's Bid To Avoid Removal
A federal judge declined Thursday to rule immediately on Kilmar Armando Abrego Garcia's emergency request to bar the government from quickly deporting him once he's released from detention in his criminal case in Tennessee, expressing concern about her jurisdiction.
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June 26, 2025
Trump Admin. Moves To Fast-Track Immigration Fines
The U.S. Department of Justice and U.S. Department of Homeland Security released an interim final rule on Thursday aimed at making it easier to impose civil monetary penalties on noncitizens who enter the country without authorization or fail to voluntarily depart.
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June 26, 2025
ICE Agents Could Testify Anonymously In 1st Am. Trial
A Massachusetts federal judge suggested Thursday he is open to allowing U.S. Immigration and Customs Enforcement agents to testify anonymously at an upcoming bench trial in a suit brought by academic groups challenging the detention of noncitizen students and faculty who express pro-Palestinian views.
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June 26, 2025
Justices Say DHS Orders Final In Withholding-Removal Cases
The U.S. Supreme Court held Thursday that the 30-day statutory deadline for challenging deportation orders in withholding of removal cases starts when the U.S. Department of Homeland Security issues a final administrative review order, not when Board of Immigration Appeals proceedings conclude.
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June 25, 2025
Judge Blocks Colo. Gov. From Forcing Cooperation With ICE
A Colorado state judge on Wednesday blocked Gov. Jared Polis from forcing certain state labor department employees to comply with a U.S. Immigration and Customs Enforcement subpoena, but he stopped short of prohibiting Polis from cooperating with the federal agency.
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June 25, 2025
4th Circ. Won't Revive Honduran's Bid To Cancel Removal
The Fourth Circuit rejected a Honduran national's claim that the Executive Office of Immigration Review's unlawfully delayed granting his application for cancellation of removal, saying no binding policy requires the agency to act within a certain time frame.
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June 25, 2025
Judge Rejects Feds' Bid To Thwart Abrego Garcia's Release
A Tennessee federal judge Wednesday denied the Trump administration's bid to stay Kilmar Abrego Garcia's release from detention on certain conditions, saying the government's contention it would suffer irreparable injury should he be released "defies logic."
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June 25, 2025
DOJ Says OC Won't Provide Noncitizen Voter Cancellation Info
The Orange County Registrar of Voters is illegally withholding unredacted information of noncitizens whose registrations were voided, according to a lawsuit filed Wednesday in California federal court by the U.S. Department of Justice, which recently received a complaint from the relative of a noncitizen who purportedly received a mail-in ballot.
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June 25, 2025
DOL Urges Judge Not To Block H-2A Prevailing Wage Rules
The U.S. Department of Labor defended its 2022 H-2A prevailing wage regulations against claims from a farmworker union in Washington federal court, arguing the agency's rules are lawful and must be upheld.
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June 25, 2025
Community College Fights DOJ's Bid To End Texas Dream Act
A Texas community college wants to intervene in the Trump administration's lawsuit challenging a state law allowing in-state tuition for unauthorized immigrants, arguing that the federal government colluded with the state to deprive the court of the opportunity to consider the law's constitutionality.
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June 25, 2025
Watchdog Targets US Atty Over Arrests, Probes Of NJ Officials
The legal ethics watchdog Campaign for Accountability on Wednesday accused interim U.S. Attorney for New Jersey Alina Habba of an "abuse of power" over her office's recent investigations and arrests of New Jersey officials and called for an ethics investigation.
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June 25, 2025
NJ Rep. McIver Pleads Not Guilty In ICE Facility Incident
U.S. Rep. LaMonica McIver pled not guilty Wednesday in New Jersey federal court to assault and interference charges stemming from an incident at an immigration detention center in Newark on May 9.
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June 25, 2025
9th Circ. Says Mexican Man Can't Vacate Firearm Conviction
A split Ninth Circuit panel has refused to vacate a Mexican national's conviction for possession of a firearm while present in the U.S. without authorization, saying there's no reasonable likelihood that the jury would have reached a different conclusion with different instructions.
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June 25, 2025
DOJ Sues Md. Federal Judges Over 'Lawless' Habeas Orders
The Trump administration is suing the Maryland federal district court and all of its judges over a standing order that temporarily staves off the deportation of detained noncitizens who file habeas petitions.
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June 24, 2025
Colo. Gov.'s Enforcement Of ICE Subpoena Called A 'Disaster'
The state director who sued Colorado Gov. Jared Polis over an order to comply with a U.S. Immigration and Customs Enforcement subpoena said Tuesday in Colorado state court that the testimony given the day prior by a Polis appointee was not fully accurate.
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June 24, 2025
2nd Circ. Tells Feds To 'Facilitate' Another Deportee's Return
The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison.
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June 24, 2025
E-Verify Restrictions Are Not Preempted, Illinois Argues
The federal court handling the U.S. government's lawsuit targeting a recent Illinois statute restricting the use of electronic employment verification systems on prospective hires should reject the government's injunction request and dismiss the case instead, because the statute steers clear of federal immigration law, the state asserted.
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June 24, 2025
2nd Circ. Says Salvadoran Man Derived Citizenship Via Mom
A divided Second Circuit panel vacated a more than decade-old removal order for a Salvadoran man convicted of robbery and burglary, saying he derived U.S. citizenship when his mother was naturalized 40 years ago.
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June 24, 2025
Judge Slams Feds' Grant Terms In Sanctuary Funding Fight
A California federal judge said federal grants that condition funding on states' cooperation with the Trump administration's immigration crackdown flout a court order blocking the administration from withholding funds from so-called sanctuary jurisdictions that limit their cooperation with federal immigration officials.
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June 24, 2025
Judge Torn On Afghan, Cameroonian TPS Removal
A Maryland federal judge appeared torn on how much — if anything — of the Trump administration's move to strip temporary protected status from Afghans and Cameroonians he could review Tuesday, with the government insisting that the termination was unreviewable and immigrant rights advocates claiming that the decision was arbitrary and capricious.
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June 24, 2025
3rd Circ. Pick Told DOJ To Defy Courts, Whistleblower Says
A top career official at the U.S. Department of Justice who was fired has come forward with a whistleblower complaint alleging Third Circuit judicial nominee Emil Bove, who was acting deputy attorney general at the beginning of the year, sought to defy court orders.
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June 24, 2025
DHS Says District Court Defying Justices' Third Country Order
The Trump administration asked the U.S. Supreme Court on Tuesday to clarify its order allowing the government to send noncitizens to countries they have no connection to with little or no prior warning, after a Massachusetts federal judge ruled the decision doesn't apply to men currently held at a U.S. military base in Djibouti.
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June 23, 2025
Colo. Attack Suspect's Family Calls Out Detention Conditions
Attorneys representing the wife and children of an Egyptian man accused of attacking demonstrators demanding the release of Israeli hostages pressed for his family's release from a Texas detention center, pointing to court documents laying out what they called "heartbreaking" conditions at the facility.
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June 23, 2025
Judge Skeptical Over Colo. Gov.'s Claim ICE Subpoena Legal
A Colorado state judge appeared unconvinced Monday with Gov. Jared Polis' argument that a U.S. Immigration and Customs Enforcement subpoena requesting information about 35 sponsors of unauthorized immigrant children was for criminal investigations and therefore not in violation of state law.
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June 23, 2025
Michigan Must Face Christian Refugee Aid Provider's Bias Suit
A federal judge said a Christian refugee resettlement agency may move ahead with claims that Michigan sought to force the agency to agree to hire non-Christians to be eligible for contracts.
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.