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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.
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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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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Alien Enemies Act Case Could Reshape Executive Power
President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.