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Immigration
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October 14, 2025
Judge Slams Feds' 'Ham-Handed' Bid To Skirt DHS Aid Order
The U.S. Department of Homeland Security and other federal agencies did "precisely" what a Rhode Island federal court forbade when they recently told states that they must agree to help with immigration enforcement in order to receive disaster and security funding, a judge ruled Tuesday.
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October 14, 2025
2nd Circ. Weighs Taking 'Novel' ICE Detainee Labor Appeal
A Second Circuit panel mulled Tuesday if it should consider on an interlocutory basis if the New York Labor Law covers a class of detainees who allege they were underpaid by a for-profit company that manages a Buffalo-area immigration detention facility.
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October 10, 2025
9th Circ. Flouting 'Imperial Judiciary' Warning, Judges Assert
A large contingent of Ninth Circuit judges accused colleagues Friday of ignoring recent U.S. Supreme Court decisions limiting legal remedies in politically charged disputes, adding fresh fuel to a heated debate over the judiciary's handling of suits against the Trump administration.
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October 10, 2025
SG Tells Justices Courts Should Defer To BIA On Persecution
Solicitor General D. John Sauer has urged the U.S. Supreme Court to find that courts should defer to Board of Immigration Appeals' determinations on whether asylum seekers suffered persecution or the threat of persecution back home, arguing that it's a factual analysis that appellate courts are "ill-equipped to handle."
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October 10, 2025
FAIR Sues LAPD, LA Sheriff's Dept. Over ICE Records Delays
A conservative nonprofit that advocates for reductions in immigration sued the Los Angeles Police Department and Los Angeles County Sheriff's Department on Friday, saying they have not properly responded to open records requests seeking their communications related to U.S. Immigration and Customs Enforcement.
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October 10, 2025
GOP Reps Back Legality Of Trump Birthright Citizenship Order
Eighteen Republican lawmakers on Friday told the U.S. Supreme Court the Trump administration is right to assert that the 14th Amendment was never meant to confer birthright citizenship to the children of parents who are in the country without legal authorization.
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October 10, 2025
7th Circ. Won't Pause Block Of National Guard Deployment
The Seventh Circuit on Saturday refused to grant the Trump administration's emergency order to stay an Illinois federal judge's ruling blocking the deployment of National Guard troops to Chicago while the appeals court considers the matter, but did pause the ruling as it pertains to the federalization of the National Guard in Illinois.
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October 10, 2025
Experts Doubt Gold Card Will Siphon Off EB-5 Investors
Concerns that President Donald Trump's gold card will siphon off noncitizens who would otherwise seek permanent residency through the EB-5 investor program might be overblown, with experts suggesting the program's 35-year track record and stability will continue attracting foreign investors.
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October 10, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
It is of little solace to general counsel that most big law firms hiked their billing rates this year just slightly less than last year's increase. And it looks like Elon Musk is settling with the former chief legal officer and the general counsel of Twitter, along with two other executives, over their suit to obtain millions in promised severance pay. These are some of the stories in corporate legal news you may have missed in the past week.
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October 09, 2025
Paxton Can Move To Close Houston Nonprofit, Panel Says
Texas appellate court justices on Thursday said Attorney General Ken Paxton can initiate legal proceedings to take away an immigrant-led nonprofit's corporate charter and tax-exempt status, noting his allegations claiming it failed to comply with its purpose by engaging in political activities show there's probable ground to proceed.
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October 09, 2025
ICE Accused Of Warrantless Arrests In Colorado Suit
Secretary of Homeland Security Kristi Noem and two directors with U.S. Immigration and Customs Enforcement were named in a proposed class action in Colorado federal court Thursday accusing immigration officials of making illegal, warrantless arrests of Colorado residents.
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October 09, 2025
Feds Urge 9th Circ. To Allow Portland Troop Deployment
A Ninth Circuit panel appeared split Thursday on the Trump administration's bid to preserve its ability to send Oregon National Guard members to Portland, with one judge suggesting the president's decision is entitled to deference and another panelist skeptical that the federal government would suffer harm if the deployment plan is tabled.
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October 09, 2025
Feds' E-Verify System Resumes Operation During Shutdown
The federal E-Verify system for employers to check people's eligibility to work in the U.S. has resumed operation, a little over a week after it went offline with the start of the ongoing government shutdown.
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October 09, 2025
Ineffective Counsel Claim Could Afford Immigrant Legal Status
A Guatemalan man who lost his path to U.S. citizenship after being convicted of breaking into a car has been offered another chance at a new trial if he can show his attorney failed to inform him of his right to appeal, Massachusetts' intermediate appeals court said Thursday.
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October 09, 2025
Florida Says Its Immigration Law Doesn't Preempt Federal Law
Florida asked the Eleventh Circuit on Thursday to overturn a block on a state law that criminalizes the entry of unauthorized immigrants into the state, arguing that there is no preemption of federal immigration law.
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October 09, 2025
Ill. Judge Blocks Trump's Deployment Of National Guard To Chicago
An Illinois federal judge Thursday partially granted a temporary restraining order over the objection of the Trump administration blocking the deployment of National Guard troops to Illinois, saying the presence of those officers would "only add fuel to the fire defendants themselves have started."
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October 09, 2025
2nd Circ. Says Immigration Board Ignored Torture Evidence
The Board of Immigration Appeals glossed over evidence and failed to justify its decision to overturn an immigration judge who granted an El Salvador man protection from removal under the Convention Against Torture, a Second Circuit panel said.
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October 08, 2025
ICE Can't Use Force Vs. Ill. Press, Peaceful Protesters, Judge Says
An Illinois federal judge said Wednesday that she will temporarily restrain federal agents from using allegedly violent silencing tactics against press and peaceful protesters, and she won't limit her order to the detention facility U.S. Immigration and Customs Enforcement operates in the Chicago suburb of Broadview.
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October 08, 2025
Mich. Justice Unsure Gov. Exempt From 1-Year Claim Deadline
Michigan's chief justice said Wednesday she was "struggling" with an immigration legal assistance group's contention that a one-year notice deadline for claims against the state doesn't apply to suits against the governor.
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October 08, 2025
Immigration Judges Can Reject Stipulations, BIA Rules
The Board of Immigration Appeals has backed an immigration judge's decision to reject an agreement between the U.S. Department of Homeland Security and a Honduran transgender woman seeking to avoid deportation, holding that judges are free to accept or reject such agreements.
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October 08, 2025
ICE Violating Settlement With Warrantless Arrests, Judge Says
A federal judge in Illinois has ruled that the use of informal administrative warrants by agents from ICE's Chicago field office in recent immigration enforcement actions violates a 2022 settlement with unauthorized immigrants that requires the agency to use warrants signed by a judge when making most arrests.
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October 08, 2025
Feds Drop Charges Against Ill. Couple Arrested At ICE Protest
Federal prosecutors on Wednesday moved to dismiss assault charges against a married couple who were recently arrested while protesting in front of a Chicago-area ICE detention center, following a grand jury's refusal to prosecute them, according to the protesters' attorneys and court filings.
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October 07, 2025
Attys Urge Mass. Courts To Protect Immigrants' Court Access
Civil rights lawyers urged the Massachusetts trial court system to better protect migrants' due process rights amid increasing arrests by federal immigration officers inside and outside courthouses, saying Tuesday the court is "well within its right" to do so.
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October 07, 2025
10th Circ. Rejects Colombian Family's Asylum Appeal
A Tenth Circuit panel said Tuesday that four Colombian family members failed to show that death threats made by allies of a narcotics trafficking group's leader amounted to persecution or stemmed from protected political activities, and refused to revisit rulings denying their bid for asylum.
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October 07, 2025
Judge Concerned As Feds Keep Immigration Atty's Phone Data
A federal prosecutor told a Massachusetts judge on Tuesday that the government has returned a phone it seized from an immigration lawyer but does not intend to delete data it pulled from the device, prompting the court to raise concerns that the information could be used to identify and arrest immigrants.
Expert Analysis
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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The Political Branches Can't Redefine The Citizenship Clause
The U.S. Supreme Court’s Wong Kim Ark opinion and subsequent decisions, and the 14th Amendment’s legislative history, establish that the citizenship clause precludes the political branches from narrowing the definition of citizen based on how a parent’s U.S. presence is categorized, says federal public defender Geremy Kamens.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Reading The Tea Leaves On Mexico, Canada And China Tariffs
It's still unclear whether the delay in the imposition of U.S. tariffs on Canadian and Mexican imports will result in negotiated resolutions or a full-on trade war, but the outcome may hinge on continuing negotiations and the Trump administration's possible plans for tariff revenues, say attorneys at Eversheds Sutherland.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.