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Immigration
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May 08, 2025
DOJ Says Judge Can't Certify Subclasses In Wartime Law Row
The Trump administration has called on a D.C. federal judge to reject the American Civil Liberties Union's attempt to certify two subclasses of noncitizens subject to the president's proclamation invoking the Alien Enemies Act, citing "jurisdictional defects."
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May 08, 2025
Full DC Circ. Restores International Media Funding, For Now
The en banc D.C. Circuit on Wednesday restored federal grant funding to international broadcasters while the Trump administration appeals a lower court ruling blocking cuts to the agency that oversees Voice of America.
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May 07, 2025
Judge Seeks Details On U.S.-El Salvador Detainee Deal
A D.C. federal judge on Wednesday said the Trump administration would have to turn over more information about its arrangement with El Salvador to imprison alleged Venezuelan gang members deported under the Alien Enemies Act, as he considers whether they should be returned to the United States.
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May 07, 2025
10th Circ. Affirms Toss Of Suit Over Worship Leader's Visa
The Tenth Circuit has refused to revive a New Mexico church's bid to get a South African worship leader a religious worker visa, saying in a published opinion that a consular officer had a genuine reason for denying the visa.
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May 07, 2025
Judge Warns Feds Impending Libya Flights Would Defy Order
The federal government's reported plan to imminently deport migrants to Libya "would clearly violate" a court order requiring that the U.S. Department of Homeland Security provide due process protections for immigrants facing deportation to countries where they have no prior ties, a Massachusetts federal judge ruled Wednesday.
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May 07, 2025
Feds Seek Ax Of Haiti, Venezuela TPS Vacatur Challenge
The Trump administration has called on a Massachusetts federal judge to dismiss litigation brought by immigrants from Haiti and Venezuela seeking to block the government from vacating their temporary protected status, saying the court lacks jurisdiction over their claims.
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May 07, 2025
Judge Says ICE 'Spirited' Academic Away To Avoid Challenge
A Virginia federal judge allowed a jailed Georgetown University fellow's suit accusing the government of illegally detaining him to proceed and be heard in Virginia, saying the government appears to have rapidly and repeatedly moved him between detention facilities in order to delay a habeas petition and to forum shop.
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May 07, 2025
Feds Must Return Detained Student To Vt., 2nd Circ. Says
The Second Circuit on Wednesday ordered that detained Tufts University graduate student Rümeysa Öztürk be returned to Vermont from Louisiana while a district court weighs her claims that the government jailed her for expressing pro-Palestinian views.
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May 07, 2025
3rd Circ. Rejects Feds' Bid To Challenge Venue In Khalil Case
A Third Circuit panel rejected the Trump administration's last-ditch attempt to transfer Columbia University graduate student Mahmoud Khalil's challenge to his detention by U.S. Immigration and Customs Enforcement from New Jersey federal court to Louisiana federal court.
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May 07, 2025
Mass. Justices May Bless Use Of High Bail To Block Removal
Justices on Massachusetts' highest court appeared reluctant on Wednesday to second-guess a lower court's decision to dramatically increase the bail of a defendant facing imminent deportation solely to keep him in the state for trial.
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May 06, 2025
Judges Block Trump's Wartime Law Removals In Colo., SDNY
Federal judges in Colorado and New York on Tuesday blocked deportations of noncitizens in their respective districts under President Donald Trump's proclamation aimed at expelling alleged Venezuelan gang members, with one saying Trump's assertion of absolute power over immigration policy "staggers."
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May 06, 2025
Judge Rejects DOJ's 'Jiggery-Pokery' On Refugee Admissions
A Washington federal judge has ordered the Trump administration to take immediate steps to facilitate travel and admissions for about 12,000 refugees blocked by the president's ban, saying the government was not free to disobey statutory and constitutional law and federal court orders.
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May 06, 2025
2nd Circ. Suggests Students Can Challenge Detention In Court
A Second Circuit panel on Tuesday voiced doubts about the U.S. Department of Justice's position that immigrant detainees cannot immediately file constitutional challenges in district courts, amid arguments by lawyers for two students that such a policy amounts to suspending the Great Writ.Â
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May 06, 2025
Mich. Judge To Extend Order Restoring Student Visa Records
A Michigan federal judge said Tuesday she would extend an April order restoring foreign students' terminated visa records after the students said they feared the administration could reverse course without a court order protecting their legal status.
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May 06, 2025
Judge Warns He Wants 'Candor' In Free-Speech Removal Suit
A Massachusetts federal judge on Tuesday told counsel that he expects "absolute candor" as he presides over a suit challenging the Trump administration's practice of arresting and removing noncitizen students and faculty from the United States over pro-Palestinian speech.
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May 06, 2025
Newark Raises Safety Concerns About ICE Detention Center
The city of Newark told a New Jersey federal judge that the GEO Group has started housing immigration detainees at Delaney Hall, even though the city's building department found numerous safety concerns after conducting an initial visual inspection last month.
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May 06, 2025
Judge Won't Reverse Order To Bring Back Asylum-Seeker
A Baltimore federal judge Tuesday rejected the Trump administration's request that she vacate her April ruling ordering the return of a 20-year-old Venezuelan asylum-seeker sent to a Salvadoran prison, giving the government 48 hours to appeal before she starts demanding regular updates on what's been done to comply.
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May 05, 2025
Judge Details Block On Trump Targeting Sanctuary Cities
A California federal judge on Friday elaborated on why he preliminarily blocked the Trump administration from withholding federal funds from local jurisdictions that limit their law enforcement's involvement in federal immigration enforcement, saying it doesn't matter that the administration has not yet withheld funds.
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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.
Expert Analysis
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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.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.