Immigration

  • May 19, 2025

    Feds Want Full 2nd Circ. To Toss Student Removal Challenges

    The U.S. Department of Justice has asked the full Second Circuit to reconsider a pair of decisions siding with students who say they were detained by immigration officials for expressing pro-Palestinian views, doubling down on its argument that courts don't have the jurisdiction to consider the government's removal decisions.

  • May 19, 2025

    Feds Denied Stay In 1st Circ. Third Country Removal Suit

    The First Circuit rejected the Trump administration's attempt to halt a federal court order directing the U.S. Department of Homeland Security to provide due process protections for immigrants facing deportation to third countries where they have no ties.

  • May 19, 2025

    2nd Circ. Tosses Case Of 30-Year Undocumented Immigrant

    The Second Circuit on Monday affirmed the dismissal of a Chinese woman's lawsuit challenging the denial of her adjustment of status, saying the denial triggered a bar on judicial review, even if it wasn't an immigration court that denied her application.

  • May 19, 2025

    21 AGs Join Fight To Keep DHS Oversight Offices Open

    A group of 21 attorneys general joined nonprofits Friday in urging a D.C. federal judge to force the Trump administration to reopen offices that oversee various U.S. Department of Homeland Security programs and investigate related civil rights claims, arguing that the DHS' abrupt closure of the offices could have devastating consequences.

  • May 19, 2025

    ICE Can't Deport Day Laborers Arrested In Home Depot Lot

    A California federal judge has temporarily barred the Trump administration from deporting a group of Guatemalan immigrant day laborers who claim they were unconstitutionally arrested in a Home Depot parking lot hundreds of miles from the U.S.-Mexico border and illegally forced into expedited deportation proceedings.

  • May 19, 2025

    Justices Allow End Of Temporary Protections For Venezuelans

    The U.S. Supreme Court ruled Monday that the Trump administration may rescind temporary protected status for Venezuelans, lifting a California federal judge's order requiring the government to keep Biden-era removal protections and work authorizations in place during a legal battle over a policy change.

  • May 16, 2025

    Woman Can't Get Bond After Arrest Near Border, Board Rules

    The Board of Immigration Appeals affirmed Friday that a woman who Interpol wanted to be arrested is ineligible for release on bond, rejecting her contention that she was detained near the border under a certain section of federal immigration law that allows for her release.

  • May 16, 2025

    9th Circ. Revives Nicaraguan Family's Asylum Bid

    A split Ninth Circuit panel on Friday revived a Nicaraguan family's bid for deportation relief, saying an immigration judge improperly handled their claims of persecution stemming from a mother's participation in a 2018 march protesting the country's Ortega regime.

  • May 16, 2025

    DOJ's Privilege Claim Questioned In Abrego Garcia Case

    A Maryland federal judge said Friday that the Trump administration had provided scant explanation for invoking state secrets privilege to shield information in litigation challenging the removal of Kilmar Abrego Garcia to El Salvador.

  • May 16, 2025

    Trump Calls On Justices To Stay Block Of Gov't Restructuring

    President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.

  • May 16, 2025

    Chicago, Denver Sue DHS To Keep Migrant Funding Flowing

    Chicago, Denver and an Arizona county sued the U.S. Department of Homeland Security on Friday for allegedly overstepping Congress' authority by clawing back funds to shelter and assist new migrants, claiming the agency has decided to eliminate the Biden-era program without congressional approval.

  • May 16, 2025

    11th Circ. Troubled By Feds' Reversal On ALJ Removal Law

    Eleventh Circuit arguments on whether Walmart Inc. must face an administrative law judge over alleged immigration recordkeeping violations were derailed Friday by the court's concerns about the Trump administration's decision to no longer defend the statute protecting such judges from removal by the executive branch.

  • May 16, 2025

    Justices Keep Pause On Some Venezuelan Removals

    The U.S. Supreme Court on Friday reasserted that the Trump administration cannot remove from the country alleged Venezuelan gang members who are currently detained in northern Texas under the Alien Enemies Act while they challenge the president's invocation of the 1798 wartime law.

  • May 16, 2025

    5th Circ. Reverses Intervention Denial For Border Wall Cos.

    A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.

  • May 15, 2025

    Each Justice's Key Comments At Universal Injunction Args

    U.S. Supreme Court justices conducted a searching inquiry Thursday regarding the Trump administration's quest to curtail sweeping injunctions against its agenda, sometimes sounding sympathetic but also wary of alternative remedies and the White House's willingness to accept any future courtroom losses.

  • May 15, 2025

    Judge Rescinds Refugee Order In Trump Shutdown Challenge

    A Washington federal judge on Thursday walked back an order instructing the Trump administration to admit thousands of refugees, saying the Ninth Circuit has further clarified its ruling allowing the federal government to largely proceed with the president's suspension of the refugee program pending a legal challenge.

  • May 15, 2025

    11th Circ. Urged Not To Rush Appeal Of Fla. Migrant Law Block

    Immigration organizations have told the Eleventh Circuit there is no need to expedite Florida's appeal of an injunction blocking a state law criminalizing the entry of unauthorized immigrants because the state has produced no practical reason to speed up the appeal.

  • May 15, 2025

    Nepalese Man's CAT Protection Denied by Appeals Board

    The Board of Immigration Appeals affirmed an immigration judge's denial of a Nepalese man's request for protection under the Convention Against Torture, agreeing he did not show that public officials there were likely to acquiesce to his torture.

  • May 15, 2025

    Unions, Groups Seek Injunction To Block Gov't Restructuring

    A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.

  • May 15, 2025

    Justices Wary Of Pausing Sweeping Injunctions In Birthright Case

    A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.

  • May 15, 2025

    Harvard Researcher Held By ICE To Be Returned To Mass.

    A Harvard Medical School researcher and Russian national taken into custody by immigration officers who found frog embryos in her luggage three months ago will be returned to Massachusetts to face a smuggling charge, a Louisiana federal judge ordered on Thursday.

  • May 15, 2025

    Judge Puts Buffer Between ICE And Tufts Student After Bail Order

    A Vermont federal judge on Thursday said he will require U.S. Immigration and Customs Enforcement to provide at least 48 hours' notice to his court of any future plan to detain Tufts University doctoral student Rümeysa Öztürk, after her lawyers expressed concern that the government could attempt an end-run around his bail order.

  • May 15, 2025

    Feds, Immigrants Spar Over Defense Dept. Role In Removals

    A group of immigrants facing deportation to countries where they have no prior ties and may be at risk of harm urged a Massachusetts federal judge to add the U.S. Department of Defense as a defendant in their pending class action, a move the government says is unnecessary.

  • May 15, 2025

    Immigration Board Says Email Notice Counts Even If Unread

    The Board of Immigration Appeals ruled that email notifications sent through the Executive Office for Immigration Review's case portal constitute sufficient notice of briefing schedules — even if those emails are never opened — placing the burden on attorneys to monitor their inboxes and spam folders.

  • May 15, 2025

    $92.5M Overdetention Settlement Deadline Extended 3 Months

    People who were wrongfully detained too long by immigration authorities have three additional months to file claims under a $92.5 million settlement, one of the largest immigration-related civil rights deals in New York City history, according to an announcement Thursday by the law firm that won the deal. 

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Expert Analysis

  • How Immigration Attys Should Prep For A 2nd Trump Term

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    In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    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.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    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.

  • How A Trump Win Might Affect The H-1B Program

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    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.

  • Opinion

    This Election, We Need To Talk About Court Process

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    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.

  • Illinois May Be Gearing Up To Ban E-Verify

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    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.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    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.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    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.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    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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