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Immigration
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May 05, 2025
Judge Backs Biden-Era Protections For H-2A Farmworkers
A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.
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May 05, 2025
Judge Demands Answers About Student Visa Restoration
A D.C. federal judge demanded answers from the government on the status of more than 5,000 international students who were stripped of their student immigration records last month, saying she was getting conflicting information on whether they'd been reinstated retroactively to avoid any lapses in their right to remain in the U.S.
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May 05, 2025
Ex-NY Gov. Aide Can't Ax Foreign Agent Charges
A Brooklyn federal judge said Monday that a former aide to New York Gov. Kathy Hochul can't ditch charges of money laundering and acting as an unregistered agent of the Chinese government, saying prosecutors sufficiently alleged she knowingly used her position to advance that nation's interests.
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May 05, 2025
Ga. Judge Extends Visa Protections For International Students
A Georgia federal judge has temporarily extended the restoration of the legal status of more than 130 current and former international college students who allege they were put at risk of deportation when their files were purged from a federal database.
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May 05, 2025
DHS Offers Migrants Financial Incentives To Self-Deport
The U.S. Department of Homeland Security announced Monday that it will foot part of the bill for immigrants to self-deport if they are in the country unlawfully by providing travel assistance and a $1,000 stipend.
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May 05, 2025
Groups Urge DC Circ. To Halt Noncitizen Registration Rule
Immigrants rights groups called on the D.C. Circuit to pause the Trump administration's interim final rule requiring all noncitizens to register with the federal government or face criminal prosecution, after a lower court declined to issue a preliminary injunction.
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May 02, 2025
Fla. Says It's Likely To Appeal Block Of Migrant Transport Law
The Florida attorney general indicated Friday that he is likely to appeal an injunction blocking a state law that criminalizes the transportation of immigrants living in the country illegally and asked a Florida federal judge to pause the proceedings until the Eleventh Circuit had looked at the case.
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May 02, 2025
DOJ Says Ill. Law Encroaches On Feds' Immigration Powers
The U.S. Department of Justice has sued Illinois over recently enacted legislation restricting the use of systems such as E-Verify to check prospective workers' employment eligibility, saying the changes impede the federal government's ability to identify unauthorized foreigners.
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May 02, 2025
Judge Blocks Feds' Appeal In Khalil's Unlawful Detention Suit
A New Jersey federal judge refused to pave the way for the government to appeal his opinion that the court has jurisdiction over Columbia University graduate and pro-Palestinian activist Mahmoud Khalil's lawsuit claiming the Trump administration is unlawfully detaining him for his political views, reasoning that he issued an opinion, not an appealable order.
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May 02, 2025
DC Circ. Allows Feds To Halt Funding To Int'l Media Outlets
A D.C. Circuit panel has paused a lower court order that restored federal grant funding to international broadcasters while leaving intact other aspects of a ruling preserving the agency that oversees Voice of America.
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May 02, 2025
Feds Urge Judge To Deny ACLU's Broader Injunction Request
The Trump administration said a Washington, D.C., federal judge can't order the government to facilitate the return of Venezuelan nationals deported from the U.S. to El Salvador's Terrorism Confinement Center "in a district in which none of the affected individuals are located."
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May 02, 2025
Groups Seek Order Halting Trump's Restructuring Of Gov't
A California district court must stop federal agencies from moving ahead with President Donald Trump's directive to reorganize and terminate government workers, unions and other groups argued, calling for a temporary restraining order based on alleged harms from the administration's "radical restructuring."
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May 01, 2025
DOJ Grilled On 'Bottleneck' After Refugee Processing Orders
A Washington federal judge expressed frustration with the federal government Thursday for moving "with one hand behind its back" to resume processing of certain refugees after the Ninth Circuit clarified the scope of a partial block on the Trump administration's refugee program shutdown.
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May 01, 2025
DHS Urges Justices To Let Venezuelan Protections Be Undone
The U.S. Department of Homeland Security turned to the nation's highest court on Thursday, asking the justices to pause a nationwide injunction blocking the agency from undoing the Biden administration's extension of temporary protected status for Venezuela during its appeal.
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May 01, 2025
3rd Circ. Unsure Defunct NJ Law Blocked ICE Detentions
The Third Circuit appeared skeptical of prison operator CoreCivic Inc.'s argument Thursday that a defunct New Jersey law barring detention centers from contracting with U.S. Immigration and Customs Enforcement is unconstitutional, questioning whether the statute actually blocked the federal government from detaining migrants.
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May 01, 2025
DOJ To Take Over Legal Services For Separated Families
The Executive Office for Immigration Review told a California federal judge it plans to take over the direct administration of legal access services for thousands of immigrant families that were separated under the first Trump administration's "zero-tolerance" policy.
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May 01, 2025
Rancher, Counties Drop Suit Over Biden Immigration Policies
A pair of Texas counties and a ranch owner agreed to drop a suit against the U.S. government after they sued last year over Biden-era immigration policies, which they said conflicted with congressional goals of having "zero illegal entries."
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May 01, 2025
Rubio Named As Nat'l Security Adviser After Waltz Reshuffle
President Donald Trump announced on Thursday that he will nominate Mike Waltz to be the next U.S. ambassador to the United Nations, while choosing Secretary of State Marco Rubio to take over Waltz's role as national security adviser.
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May 01, 2025
Landscaping Co. Must Face Trial In Unpaid OT Suit
A jury should determine whether landscape workers are owed overtime wages or if they fall under an exemption from the premium pay, a Kansas federal judge ruled while finding the H-2B visa applications their employer filed did not include a promise to pay the extra wages.
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May 01, 2025
Wartime Law For Gang Removals Barred In Texas, For Good
A Texas federal judge on Thursday permanently blocked the Trump administration from deporting alleged gang members from Venezuela under the 1798 Alien Enemies Act, ruling that the gang's activities in the U.S. cannot be regarded as an invasion.
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April 30, 2025
ICE Agent Tells 3rd Circ. Jury Can Handle Sig Sauer Defect Suit
The Third Circuit wondered Wednesday why a jury couldn't be allowed to examine the same type of gun, or at least a replica of one, that a U.S. Immigration and Customs Enforcement officer claims spontaneously fired into his leg at a design defect trial that he wants revived.
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April 30, 2025
FTC Transfer Stripped From House Judiciary Reconciliation
A provision to transfer the Federal Trade Commission's antitrust functions to the U.S. Department of Justice was stripped out of the House Judiciary Committee's budget reconciliation bill on Wednesday.
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April 30, 2025
3rd Circ. Preview: NJ To Defend ICE Contractor Law In May
The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.
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April 30, 2025
Judge Says Gov't Can't Move Deportees To Avoid Due Process
A Massachusetts federal judge on Wednesday amended his order requiring that deportees receive meaningful due process before being removed to countries where they have no prior ties to explicitly state that the government cannot escape the requirement by transferring custody to the U.S. Department of Defense or another agency.
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April 30, 2025
Columbia Student Released On Bail After Judge's Order
Columbia University student Mohsen Mahdawi, who was arrested by U.S. Immigration and Customs Enforcement at his citizenship interview in mid-April, was released on bail on Wednesday following a Vermont federal judge's order.
Expert Analysis
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Opinion
Laken Riley Act Will Not Advance Immigration Reform
By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Preparing For Mexican Drug Cartels' Terrorist Designation
In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Expect A Big Shake Up At The EEOC Under 2nd Trump Admin
During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.