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Immigration
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May 08, 2025
Trump Can't Do 'End Run' To Stop Funds To Sanctuary Cities
A California federal judge said Thursday he's inclined to issue a clarification to his April 24 preliminary injunction blocking the Trump administration from withholding federal funds from "sanctuary" jurisdictions, saying he doesn't want an executive order President Trump issued April 28 used as an "end run" around it.
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May 08, 2025
ICE Award Termination Dooms Protest, GAO Says
The U.S. Government Accountability Office has dismissed a private investigation company's protest of a deal U.S. Immigration and Customs Enforcement terminated after the protest began, refusing to rule on the company's contention that ICE terminated the deal to avoid review.
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May 08, 2025
Solicitor General Urges Justices To Let Immigrant Parole End
Solicitor General D. John Sauer on Thursday urged the Supreme Court to halt a Boston federal judge's order blocking the Trump administration from ending the parole status of nearly half a million immigrants from Cuba, Haiti, Nicaragua and Venezuela.
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May 08, 2025
2nd Circ. Weighs New Deportation Test Post-Loper Bright
The Second Circuit on Thursday kicked the tires on a new test for immigrant removal proceedings stemming from criminal convictions, mulling the case of a Chinese man with two convictions in light of the U.S. Supreme Court's recent decision ending deference to agency decisions.
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May 08, 2025
Trump Admin Defends Gov't Restructuring As Lawful
The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.
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May 08, 2025
Ill. Judge Again Blocks Deletion Of Immigrant Student Records
An Illinois federal judge on Thursday issued a preliminary injunction barring immigration officials from deleting student and exchange visitor records, finding eight international students who alleged their due process rights were being violated were likely to prevail on their claims.
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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.
Expert Analysis
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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.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.