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Immigration
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April 18, 2025
DOJ Defends 'Common Sense' Memo On ICE Church Arrests
The U.S. Department of Justice urged a Maryland federal judge to throw out the challenge from a number of religious groups to the government's rollback of limits on immigration enforcement activities near places of worship, saying the policy change doesn't constitute a final agency action.
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April 18, 2025
DHS Ordered To Restore Visa Status For Student From China
The U.S. Department of Homeland Security must restore the student visa status of a doctoral student from China and refrain from trying to deport him, a Washington federal judge has ordered, saying the agency actions based on a DUI arrest appear unlawful and likely to cause irreparable harm.
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April 18, 2025
Mich. Judge Rejects Students' Plea To Restore SEVIS Records
A Michigan federal judge said he wouldn't order the government to restore four international students' Student and Exchange Visitor Information System records, finding the students couldn't prove the record termination automatically revoked their F-1 status and that they were at risk of imminently being removed from the country.
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April 18, 2025
Judge Blocks 'Third Country' Removals Without Due Process
A Massachusetts federal judge on Friday ordered the U.S. Department of Homeland Security to provide due process protections for immigrants facing deportation to countries where they have no prior ties, saying they must receive written notice and a meaningful opportunity to raise concerns about their safety.
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April 18, 2025
Judge Nixes Feds' DQ Bid In Migrant Kids Legal Funding Case
A California federal judge has denied the Trump administration's bid to remove her from a lawsuit challenging funding cuts that prevent attorneys from representing child migrants, ruling her employment at one of the plaintiffs nearly seven years ago doesn't undermine her impartiality.
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April 18, 2025
Fla.'s Take On Order Over Migrant Law 'Astounded' Judge
A Florida federal judge was incredulous Friday at the state's argument that her temporary restraining order blocking enforcement of a law criminalizing the entry of unauthorized migrants did not extend to law enforcement officers because they were not parties to the lawsuit challenging the statute.
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April 18, 2025
Student Visa Crackdown Sparks Fears Of Talent Shortage
The Trump administration's aggressive push to revoke student visas and terminate their records in a government database that tracks international students is rattling employers that rely on a pipeline of foreign students to fill key high-skilled labor needs.
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April 17, 2025
6th Circ. Says No Naturalization When Removal Pending
The Sixth Circuit in a split decision has held that a lower court rightfully dismissed a lawful permanent resident's request for naturalization while he was concurrently in removal proceedings, ruling that U.S. Citizenship and Immigration Services correctly delayed his application to become a citizen.
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April 17, 2025
Texas Judge Denies Relief For Venezuelan Men Facing Removal
A Texas federal judge on Thursday refused to bar the Trump administration from deporting two Venezuelan men under a 1798 wartime statute, departing from other judges in Texas, New York and Colorado who granted injunctions to protect due process and maintain jurisdiction.
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April 17, 2025
4th Circ. Refuses To Halt Abrego Garcia Probe In Sharp Order
A Fourth Circuit panel on Thursday rejected the Trump administration's "extraordinary" emergency motion to stay a discovery order in litigation over Kilmar Abrego Garcia's deportation to El Salvador, while cautioning the administration against ignoring federal courts, saying it could degrade both executive and judicial branch powers and that "law in time will sign its epitaph."
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April 17, 2025
Feds Say Estonians Won't Be Deported Before Fraud Sentence
Prosecutors told a Washington federal judge Thursday that they had secured approval for "deferred action" from the Department of Homeland Security on potential immigration proceedings against two Estonian men awaiting sentencing for a cryptocurrency fraud scheme.
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April 17, 2025
6th Circ. Revives Fight For Docs In Prison Co. Investors' Suit
The Sixth Circuit ordered a do-over of a judge's decision to shield court records in a securities lawsuit against private prison operator CoreCivic on Thursday, saying it isn't enough to invoke unspecified "confidentiality" interests.
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April 17, 2025
Fla. Arrest Defies Court Order Blocking Anti-Migrant Law
Florida authorities have arrested an individual under a new law criminalizing the entry of unauthorized migrants into the state despite a federal court order temporarily barring enforcement of the law.
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April 17, 2025
Trump Can't Reboot 'Remain In Mexico' Policy Amid Litigation
A California federal judge on Wednesday blocked the Trump administration from re-implementing its so-called Remain in Mexico policy while an immigrants' rights group challenges it, finding the group's "core" business activities will be irreparably harmed without a stay and the group is likely to win its First Amendment claims.
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April 17, 2025
Man's Deportation Looms After Tax Evasion Plea Stands
A Connecticut federal judge denied a man's attempt to vacate his guilty plea for tax evasion, despite accepting that his lawyers had misled him into believing that if he received no prison time he could avoid mandatory detention and likely deportation by U.S. Immigration and Customs Enforcement.
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April 17, 2025
Students Sue DHS In Ill. Over Terminated Records And Visas
Eight unnamed international students sued President Donald Trump and the U.S. Department of Homeland Security in Illinois federal court Thursday, saying DHS terminated student and exchange visitor information system records without due process or legal justification, barring them from continuing to study or work and risking their detention and deportation.
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April 17, 2025
Trump Admin Resumes Funding Texas Refugee Program
The Trump administration has released funding for Harris County, Texas' refugee resettlement program following a lawsuit the county filed last week against the U.S. Department of Health and Human Services, the county's attorney announced Wednesday.
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April 17, 2025
Ga. Judge Leaning Toward Foreign Students In DHS Suit
A Georgia federal judge said on Thursday that she was likely to grant an injunction restoring more than 130 international current and former college students to a U.S. Department of Homeland Security database after their records were allegedly deleted, a move the students said made them ineligible to attend school and put them at risk of wrongful deportation.
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April 17, 2025
High Court Sets Arguments Over Birthright Pause
The U.S. Supreme Court on Thursday ordered special oral arguments over President Donald Trump's bid to pause or limit three nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, keeping the president's mandate on hold until at least mid-May.
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April 17, 2025
Detained Tufts Student Denied Bond By Immigration Judge
An Immigration Court judge in Louisiana has denied bond to a Tufts University graduate student who was taken into custody in Massachusetts last month after her visa was revoked over an op-ed in a campus newspaper, her lawyers said.
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April 16, 2025
Ex-NYPD Sgt. Gets 18 Months On China Foreign Agent Rap
A former New York City Police Department sergeant turned private investigator was sentenced Wednesday to 18 months in prison, after being convicted at trial last year on stalking and foreign agent charges stemming from his alleged role in a scheme led by Chinese government officials to coerce a U.S. resident to return to his native China to face prosecution.
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April 16, 2025
Ex-Judges Say BIA Wrongly Looking For 'Sushi-Grade Tuna'
Former immigration judges and members of the Board of Immigration Appeals told the Eleventh Circuit on Wednesday that the BIA has recently departed from the clear error standard to reverse relief to those seeking protection under the Convention Against Torture, emphasizing that the error needs to smell like "five-week-old, unrefrigerated dead fish."
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April 16, 2025
GAO Backs Protest Of $68M DHS Task Order
The Government Accountability Office said U.S. Citizenship and Immigration Services should reevaluate proposals for a $68.5 million task order to provide data strategy support services after having unreasonably evaluated technical proposals.
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April 16, 2025
Interior Transfers 110,000 Acres To Army For Border Security
The U.S. Department of the Interior is transferring 110,000 acres of federal land along the southern border to the U.S. Army to support Border Patrol as part of a sweeping effort by the Trump administration to crack down on illegal immigration.
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April 16, 2025
DC Judge Considers Bid To Block IRS Info Sharing With ICE
A D.C. federal judge on Wednesday questioned whether immigrant advocacy groups have standing to block a tax information-sharing agreement between the IRS and immigration enforcement agencies, but she also outlined concerns that the agreement could be abused.
Expert Analysis
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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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.