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Immigration
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June 04, 2025
Scalia Invoked Against Trump's Citizenship Stance At 9th Circ.
A panel of Ninth Circuit judges scrutinized the Trump administration's take on the citizenship clause as the government argued Wednesday to preserve the president's push to curb birthright citizenship, with one judge suggesting the late U.S. Supreme Court Justice Antonin Scalia would've rejected the attempt to read "beyond the mere words" of the 14th Amendment.
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June 04, 2025
Trump Ordered To Explain Why Layoffs Don't Flout Injunction
A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.
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June 04, 2025
Venezuelans Say End To Removal Protections Was 'Contrived'
The National TPS Alliance and several Venezuelans have asked a California federal judge to set aside U.S. Department of Homeland Security Secretary Kristi Noem's vacatur of temporary protected status for Venezuela and Haiti, saying the underlying rationale is concocted.
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June 04, 2025
Deportees Urge Justices To Keep 'Basic Measure Of Fairness'
A class of deportees who are being sent to countries where they have no prior ties asked the U.S. Supreme Court on Wednesday to leave in place a preliminary injunction requiring that they be provided a meaningful opportunity to challenge their destinations, calling it "a basic measure of fairness."
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June 04, 2025
Press Groups Get Some Abrego Garcia Case Docs Unsealed
A Maryland federal judge gave a partial win Wednesday to more than a dozen news organizations pushing to intervene in the suit challenging the removal of Kilmar Abrego Garcia to El Salvador, ordering some sealed documents to be made public.
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June 04, 2025
Cognizant Granted Some DHS Docs In Visa Fraud Case
A New Jersey federal judge has ordered the U.S. Department of Homeland Security to confer with attorneys for Cognizant Technology Solutions Corp. on how much to broaden a search for materials related to two types of visas, in a case brought by a former executive alleging the company defrauded the government through its visa applications.
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June 04, 2025
NJ Mayor Expands False Arrest Suit Against US Atty
Mayor Ras Baraka of Newark, New Jersey, on Wednesday added a false light count to his defamation and malicious prosecution complaint against interim U.S. Attorney Alina Habba over his May 9 arrest outside an immigration detention center.
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June 03, 2025
4th Circ. Revives Immigration Judges' Free Speech Suit
The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.
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June 03, 2025
5th Circ. Panel Says Child Must Be Returned To Venezuela
A split Fifth Circuit panel vacated a district court order barring the removal of a Venezuelan child who was brought by her mother to the U.S. without authorization, saying the child should be returned to Venezuela under the Hague Convention.
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June 03, 2025
Chinese Postdoc Accused Of Smuggling Crop-Blight Fungus
Federal prosecutors in Detroit have charged a University of Michigan researcher and her boyfriend, both Chinese citizens, with smuggling a fungus that causes crop disease into the United States.Â
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June 03, 2025
NJ Mayor Accuses US Atty Habba Of Defamation, False Arrest
Newark, New Jersey, Mayor Ras Baraka filed suit Tuesday against interim U.S. Attorney Alina Habba over his May 9 arrest outside a U.S. Immigration and Customs Enforcement facility he was visiting with three members of Congress, claiming false arrest, malicious prosecution and defamation.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 03, 2025
Mass. 'Sanctuary' Cities Ask To Keep Federal Funds Flowing
A pair of Massachusetts cities on Tuesday asked a judge to block the Trump administration's efforts to strip them of all federal funding if they continue to act as so-called sanctuary cities that limit local authorities' involvement in federal immigration enforcement.
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June 02, 2025
Calif. Judge Lets Some Venezuelans Keep Work Authorization
A California federal judge has barred President Donald Trump's administration from invalidating the legal documents of about 5,000 Venezuelans whose temporary protected status was terminated, finding U.S. Department of Homeland Security Secretary Kristi Noem likely exceeded her authority in doing so.
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June 02, 2025
Calif. Judge Certifies Class In Alien Enemies Act Suit
A California federal judge has blocked the Trump administration from deporting people detained in his district under the Alien Enemies Act, granting certification to a class of Venezuelan detainees and ruling that they are likely to succeed in claiming that due process is required before their removal.
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June 02, 2025
Trump Renews Call For Justices To Lift Gov't Overhaul Pause
President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.
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June 02, 2025
Chief Fed. Judge Bans Conn. Courthouse Arrests, With Limits
The chief federal judge for the District of Connecticut has issued a standing order banning law enforcement officers from arresting or detaining individuals in the state's three federal courthouses, with some exceptions for courtroom security functions and federal offices housed in shared buildings.
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June 02, 2025
Feds To Face Discovery, Trial In Free-Speech Removals Case
A Massachusetts federal judge on Monday denied the Trump administration's bid to foreclose discovery and a July 7 bench trial in a free-speech lawsuit by academic organizations challenging deportations of some of their members apparently based on their pro-Palestinian views.
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June 02, 2025
Retired Judges Call Wis. Judge's Prosecution 'Dangerous'
The Trump administration's prosecution of a Wisconsin state judge who refused to help federal agents arrest an immigrant is an "extraordinary and direct assault on the independence of the entire judicial system," according to a bipartisan group of 138 former state and federal judges.
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June 02, 2025
DHS To Waive Environmental Laws For Border Wall In Arizona
The U.S. Department of Homeland Security on Monday said it will waive a slew of environmental laws to facilitate border wall construction near Yuma, Arizona, an area the government says has a high amount of border crossing and drug trafficking.
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June 02, 2025
Justices To Probe GEO's Immunity Claim In Forced Labor Suit
The U.S. Supreme Court on Monday agreed to take up GEO Group Inc.'s bid for review of a Tenth Circuit decision dismissing the private prison company's immediate appeal of an adverse immunity determination in a forced labor class action.
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May 30, 2025
Split 9th Circ. Won't Unblock Trump's Gov't Overhaul
A split Ninth Circuit on Friday refused to lift a California federal judge's preliminary block of President Donald Trump's executive order directing layoffs at federal agencies, handing a win to a coalition of unions, nonprofits and cities that argue the order exceeded the president's authority.
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Texas Justices Back Bid To Close Migrant-Aiding Nonprofit
The Texas Supreme Court ruled on Friday that the state attorney general can initiate legal proceedings, known as a quo warranto action, to shut down a nonprofit, saying that a lower court's injunctions barring the proceedings were "premature at best."
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May 30, 2025
DHS Targets Sanctuary Cities In Noncompliance Notice
The U.S. Department of Homeland Security has put hundreds of cities and counties in 35 states and the District of Columbia on notice for being what the department deems as unlawful safe havens for undocumented immigrants, advancing the Trump administration's April vow to target sanctuary cities.
Expert Analysis
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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What To Do When ICE Shows Up At The Hospital
In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.
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Unpacking The Legal Foundation Of Trump's New Trade War
President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.