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Immigration
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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.Â
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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.
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June 23, 2025
Justices Drop 'Third Country' Removal Due Process, For Now
A divided U.S. Supreme Court ruled Monday that the Trump administration can send noncitizens facing deportation to countries where they have no prior ties without providing due process protections, including written notice or a chance to raise concerns about their future safety.
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June 23, 2025
DOL Suspends Biden-Era H-2A Farmworker Protection Rule
The U.S. Department of Labor has put a Biden-era regulation protecting union-related activities for agricultural workers on seasonal H-2A visas on ice while litigation over the rule continues and the agency considers new rulemaking.
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June 23, 2025
Tenn. Judge Orders Abrego Garcia's Release Pending Trial
A Tennessee federal judge denied the Trump administration's bid to keep Kilmar Abrego Garcia behind bars pending trial, finding there are ways to ensure the community's safety and that he will show up for court.
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June 23, 2025
Texas Authorizes Tax Break For Border Safety Infrastructure
Texas authorized a property tax exemption for real property used to install border security infrastructure in counties that border Mexico, pending voter approval of a proposed amendment to the state constitution, under a bill signed by Gov. Greg Abbott.
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June 20, 2025
Wash. AG Says Hops Farm Favored H-2A Workers Over Locals
Washington state's attorney general launched a lawsuit on Friday accusing a hops grower of illegally firing local employees, often women, and replacing them with foreign farmworkers, abusing the federal H-2A temporary visa program for seasonal agricultural labor.
Expert Analysis
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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.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.