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Immigration
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April 10, 2025
ICE Doctor's Defamation Suit Can Stand For Now, Judge Says
A Georgia federal judge has refused to toss a defamation lawsuit filed by a former immigration facility doctor who alleged he was defamed by the release of a true-crime podcast episode that accused him of performing forced hysterectomies on detainees.
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April 10, 2025
Mass. Officials, Feds On A 'Low Boil' After Midtrial ICE Arrest
The midtrial immigration arrest of a Dominican national during his Massachusetts court case has raised tensions between federal and state prosecutors and threatens to injure cooperation between the offices, experts say.
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April 10, 2025
3rd Circ. Judge At 'Crossroads' In H-2A Farmworker Row
A Third Circuit judge suggested Thursday that the outcome of a case alleging that a Garden State farm violated provisions of a temporary guest worker program hinges on whether it's an immigration matter or a labor dispute, a determination that should be made before the panel can view it through a post-Jarkesy lens.
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April 10, 2025
Justices Uphold Order To Return Man Deported To El Salvador
The U.S. Supreme Court on Thursday upheld a federal judge's order requiring the Trump administration to quickly bring back a Maryland man who was mistakenly deported to El Salvador and imprisoned there, ordering the lower court to clarify the government's obligations and requiring the government to share the steps it has taken.
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April 10, 2025
Texas Group Seeks Halt Of Trump Admin Border Cash Order
A Texas trade group has urged a federal judge to immediately block the Trump administration's order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, saying the order is unjustified and discriminates against businesses that serve predominately Latino immigrant communities.
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April 10, 2025
Judge Wary Of DHS Policy On Removal To Unrelated Countries
A Massachusetts federal judge said Thursday he expects to issue a ruling that would require the U.S. Department of Homeland Security to afford greater due process protections to immigrants who the government seeks to deport to countries where they have no ties but could face torture or death, calling the current procedures "troubling."
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April 10, 2025
1st Circ. Says Immigration Board Ignored Key Evidence
The First Circuit has unraveled a Board of Immigration Appeals decision, saying it failed to consider key evidence in a psychological report about the impact the removal of Guatemalan parents would have on the mental health of one of their children.
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April 10, 2025
IRS-ICE Deal Could Cost $25B In Tax Revenue, Report Says
The Internal Revenue Service's agreement to share the taxpayer records of certain non-U.S. citizens with immigration enforcement authorities could lead to a $25 billion loss in tax revenue in 2026, according to research from Yale University.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Asian American Bar To 9th Circ.: Protect Birthright Citizenship
Asian Pacific American bar associations on Wednesday urged the Ninth Circuit to uphold a block on President Donald Trump's executive order on birthright citizenship, saying Trump distorted a seminal 1898 U.S. Supreme Court ruling that affirmed U.S. citizenship to a man born in California to Chinese parents.
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April 09, 2025
House Approves Bill To Restrict Nationwide Injunctions
The House voted 219-213 on Wednesday to approve a bill curbing nationwide injunctions, a move the Trump administration has thrown its support behind after district court judges paused or halted many of the administration's initiatives over the last few months.
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April 09, 2025
DOJ's Stance On Refugee Program Status Vexes Wash. Judge
A Washington federal judge expressed frustration on Wednesday with the U.S. Department of Justice's uncertainty about how long it would take to resume processing of certain refugees, citing two previous orders blocking President Donald Trump's administration from shutting down refugee admissions.
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April 09, 2025
Student From China Says DHS Stripped Visa Status After DUI
A doctoral student from China studying at the University of Washington is suing the U.S. Department of Homeland Security, claiming the federal government unilaterally terminated his Student and Exchange Visitor Information System record based on a pending DUI arrest without conviction, exposing him to potential removal from the U.S.
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April 09, 2025
Tire Co. In Talks With EEOC To Resolve Harassment Case
The owner of a Massachusetts scrap tire facility and the U.S. Equal Opportunity Employment Commission are in the process of drafting an agreement to resolve allegations that Hispanic workers faced harassment and threats on the job, then were fired in retaliation for striking, according to a Wednesday filing.
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April 09, 2025
IRS Acting Chief To Stay On Through Mid-May, Treasury Says
The Internal Revenue Service's interim leader, Melanie Krause, will stay at her post through May 15, the U.S. Treasury Department said Wednesday, after she and other officials reportedly said they would resign following an IRS agreement to share taxpayer information with immigration enforcement agencies.
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April 09, 2025
Feds Seek Judge's Recusal In Migrant Kids Legal Services Row
The Trump administration on Wednesday moved to recuse a California federal judge overseeing a challenge to its decision to cut funding for child migrant legal services programs, saying the judge previously worked as a managing attorney for the lead plaintiff and is therefore biased.
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April 09, 2025
Texas County Says HHS Is Unlawfully Freezing Refugee Funds
Texas' Harris County, which includes Houston, has joined a growing group of programs accusing the Trump administration of unlawfully freezing federal funds, writing that the administration is attempting to "starve" its refugee resettlement programs by cutting off funding already authorized by Congress.
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April 09, 2025
Labor Board Says Hotel Brochure Doesn't Justify H-2B Need
A Rhode Island hotel's marketing brochure could not overcome information deficiencies found in its application to hire three H-2B kitchen workers for its upcoming tourist season, a U.S. Department of Labor appeals board said.
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April 09, 2025
Immigration Board Says Appeal Period Starts On Decision Day
The Board of Immigration Appeals said when an immigration judge issues an oral decision, noncitizens must file an appeal within 30 days from the date the decision is rendered for it to be considered timely.
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April 09, 2025
Texas, NY Judges Halt Trump's Removals Under Wartime Law
Federal judges in Texas and New York barred the Trump administration on Wednesday from deporting alleged Venezuelan gang members under the 1798 Alien Enemies Act, after the U.S. Supreme Court said such individuals are entitled to judicial review.
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April 08, 2025
Jenner & Block, WilmerHale Seek Shutdown Of Trump Orders
Jenner & Block LLP and WilmerHale on Tuesday asked Washington, D.C., federal judges for permanent court orders blocking President Donald Trump's executive orders targeting the firms, saying the directives threaten the firms, their clients and the entire legal system.
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April 08, 2025
ACLU Sues To Block Deportation Of Venezuelan Nationals
The American Civil Liberties Union filed an emergency lawsuit on Tuesday in Manhattan federal court seeking to halt the deportation of Venezuelan nationals under the Alien Enemies Act, after the Supreme Court ruled the Trump administration can proceed with doing so.
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April 08, 2025
Justices Reshape Terrain For Alien Enemies Act Removals
The U.S. Supreme Court's Monday ruling allowing the Trump administration to resume deportations of alleged gang members under the 1798 Alien Enemies Act has experts relieved that the justices affirmed due process rights, but worried about how and where they will be exercised.
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April 08, 2025
DHS Accused Of Illegally Scrapping Foreign Student Records
Three anonymous current and former international students in the U.S. on F-1 visas are suing the U.S. Department of Homeland Security, alleging the agency terminated hundreds of student and exchange visitor information system records, effectively stripping them of their ability to remain in the country without due process.
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April 08, 2025
CFPB Withdraws From MoneyGram Suit, NY AG To Continue
The Consumer Financial Protection Bureau told a New York federal judge that it would like to drop out of its Biden-era enforcement lawsuit against MoneyGram International Inc., a move that would leave behind the New York attorney general as the sole plaintiff in the case.
Expert Analysis
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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.
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Mitigating The Risk Of Interacting With A Designated Cartel
There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.