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Immigration
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September 30, 2025
ICE Bond Denials Violate Immigration Law, Wash. Judge Finds
A Washington federal judge held on Tuesday that U.S. Immigration and Customs Enforcement's policy of denying bond hearings to certain detainees goes against the Immigration and Nationality Act, echoing the reasoning of other district courts that have made the same determination.
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September 30, 2025
Mass. Judge Issues Stinging Rebuke Of Protester Removals
A Massachusetts federal judge ruled Tuesday that the Trump administration's policy of arresting, detaining and trying to deport foreign students for Palestinian advocacy violates the First Amendment, which the judge said protects the free speech of noncitizens and citizens alike.
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September 30, 2025
TPS Advocates Urge Justices Not To Disturb Lower Court Win
An immigration advocacy organization has urged the U.S. Supreme Court not to halt a district court ruling that found unlawful the Trump administration's attempt to unwind temporary deportation protections for Venezuelans, saying the government had no basis for such emergency relief.
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September 29, 2025
DHS Can't Tie FEMA Funds To Immigration Agenda, AGs Say
A dozen state attorneys general sued the Department of Homeland Security in Rhode Island federal court on Monday, accusing it of holding emergency response funding hostage unless they help enforce federal immigration laws, despite a recent court order blocking the department's attempts to condition funds on such assistance.
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September 29, 2025
Oregon Hits Trump With Suit Over National Guard Deployment
Oregon officials urged a federal judge to block the Trump administration from sending Oregon National Guard members to Portland, accusing the administration of trampling the law to pick a political fight with another Democrat-led community.
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September 29, 2025
Immigration Board Reaffirms Social Group Limits For Asylum
The Board of Immigration Appeals issued a new decision reaffirming earlier limits on perceived social groups, ruling that such asylum claims can only succeed when the underlying group is legally recognized on its own.
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September 29, 2025
Fed. Courts To Operate If Shutdown Hits, But Limits Are Possible
If the government shuts down, the federal courts will operate as usual through Friday — after which judicial activities could be limited, depending on the availability of funds.
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September 29, 2025
NC Judge Tosses Challenge To Biden-Era H-2A Wage Rule
A North Carolina federal judge on Monday threw out a two-year-old lawsuit challenging the U.S. Department of Labor's wage rule for certain temporary farmworkers after a judge in Louisiana permanently blocked the new wage calculations from taking effect.
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September 28, 2025
Trump Asks Justices To Rule On Birthright Order's Legality
President Donald Trump asked the U.S. Supreme Court to rule on the legality of his executive order denying citizenship to American-born babies of unauthorized immigrants, after lower courts ruled the order is likely unconstitutional and barred it across the country.
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September 26, 2025
BIA Releases More Precedential Immigration Decisions
The Board of Immigration Appeals has released two more decisions designated as precedential, adding to the Trump administration's growing tally of opinions that are binding upon the board.
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September 26, 2025
How Attys' Pursuit Of Truth Got ICE To Release An Ohio Imam
Kathryn Brady with the Muslim Legal Fund of America called it a "miracle." With no warning, U.S. Immigration and Customs Enforcement released her client — Egyptian imam and chaplain Ayman Soliman — on Sept. 19 and reinstated his asylum protections after keeping him locked up for 73 days and threatening to deport him to a country where he said he would face certain death.
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September 26, 2025
ICE Blocked From Holding Longtime Immigrant As Newcomer
A Florida federal judge ruled Thursday that immigration officials can't transfer a noncitizen out of the Middle District of Florida until the court rules on his habeas petition, and that the individual has a right to a bond hearing — rather than being subject to mandatory detention — because of his current residency in the U.S.
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September 26, 2025
Judge Wants Clarity On Migrant Green Card Delays
A Massachusetts federal judge on Friday said Trump administration officials may be "wordsmithing," as she asked a government lawyer to explain why some migrants trying to adjust their status from humanitarian parole to legal residency are still being told their applications are on hold despite a court order to resume processing them.
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September 26, 2025
High Court Pauses Distribution Of $4B Foreign Aid
The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.
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September 25, 2025
DOJ Unveils New 'Affirmative Litigation' Civil Division Branch
The U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition.
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September 25, 2025
Stanford Daily Can't Sue Over Deportation Fears, DOJ Says
The Trump administration has moved for a win in The Stanford Daily's lawsuit that seeks to bar the government from deporting noncitizen students who express pro-Palestinian views, telling a California federal court that the student-run newspaper and two students lack standing.
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September 25, 2025
DOJ Fights Colo., Denver Bid To Escape Sanctuary Suit
Colorado and Denver may not have to help enforce immigration laws, but they can't actively obstruct them, the Trump administration said, urging a federal judge to allow its lawsuit challenging their sanctuary policies to proceed.
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September 25, 2025
Rubio Says 'Gang Support' Warrants Haitian's Removal
Secretary of State Marco Rubio said Thursday that he invoked his authority under federal immigration law to start removal proceedings against a Haitian national whose ongoing presence in the U.S. he determined would have adverse consequences on U.S. foreign policy.
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September 25, 2025
SEC's $1.2M Deal In EB-5 Fraud Case Gets Judge's OK
The U.S. Securities and Exchange Commission announced that a Nevada federal court has ordered a real estate developer and one of her companies to pay over $1.2 million to settle the agency's claims that they used $10 million raised from overseas investors hoping to immigrate to the U.S. to instead pay down an unrelated project loan.
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September 25, 2025
Feds Hit With Suit Over Warrantless Immigration Arrests In DC
A group of D.C. residents and an immigrant rights organization sued the Trump administration Thursday over mass warrantless immigration arrests in the city, alleging they were carried out without probable cause, including individualized assessments of immigration status or flight risk.
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September 24, 2025
'Poorly Drafted' Immigration Case Dismissal Email Withdrawn
The Executive Office for Immigration Review on Tuesday formally withdrew an email from May that became central to litigation challenging immigration courthouse arrests and quick dismissals of removal proceedings, saying the email, although "poorly drafted," was never policy.
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
Calif. Judge Urged To Reject Noem's Bid To Escape TPS Suit
An immigrant rights group told a California federal judge that Homeland Security Secretary Kristi Noem is rehashing rejected arguments to try to escape a suit alleging she cut corners to end temporary protected status designations for Honduras, Nicaragua and Nepal.
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September 24, 2025
Calif. Judge Blocks Feds' Transpo, Housing Grant Conditions
A California federal judge has blocked the Trump administration from requiring cities and local governments to follow "impermissibly vague" directives relating to immigration and diversity, equity and inclusion policies in order to receive federal transportation, infrastructure, housing and other grants that had already been appropriated by Congress.
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September 24, 2025
Minn. Judge Suspended For Attempting To Boost Staffer's Pay
A Minnesota state judge should not have presided over proceedings to increase his longtime court reporter's salary, the state Supreme Court said, disciplining him with a public censure and a suspension for nine months without pay.
Expert Analysis
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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.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Opinion
A New Tax On Employers Could Help Curb Illegal Immigration
To better enforce the law against hiring immigrants unauthorized to work in the U.S., Congress should enact a punitive excise tax on compensation paid to such immigrants and amend the False Claims Act to allow qui tam actions against employers for failure to pay such tax, says Ajay Gupta at Moore Tax Law Group.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Green Card Sponsorship Expectations Reset In 2024
In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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9 Things To Expect From Trump's Surprising DOL Pick
The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.