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Immigration
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September 04, 2025
ICE Releases Man After Court Found His Detention Illegal
A Detroit man was released from immigration detention Wednesday, a few days after a Michigan federal judge ordered the government to release him or give him a bond hearing because his two-month detention without review was a violation of his due process rights.
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September 03, 2025
NJ Cities Say Precedent Protects Immigration Enforcement Laws
Four Garden State cities blasted a U.S. Department of Justice lawsuit accusing them of obstructing federal immigration enforcement, telling a New Jersey federal judge that the case cannot overcome precedent that upheld the state policy at issue.
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September 03, 2025
Trump's Refugee Admission Pause Looks Legal To 9th Circ.
Two Ninth Circuit judges suggested on Wednesday that President Donald Trump had the authority to suspend U.S. refugee admissions in a January executive order, while also hinting that his administration went too far by pulling funding for resettlement support.
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September 03, 2025
Bondi Raises Bar For Private-Violence, Family Asylum Claims
Attorney General Pam Bondi has issued two new decisions reversing Biden-era attorney general precedents, raising the bar for asylum claims based on nonstate violence and tightening requirements for families to count as eligible social groups.
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September 03, 2025
Enviro Groups Urge 11th Circ. To Keep Detention Center Shut
Seven environmental groups filed an amicus brief Tuesday in the appeal of an order shutting down an Everglades immigration detention center, arguing that the district court was right to enjoin the center because the federal government failed to fulfill its obligations under the National Environmental Policy Act.
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September 03, 2025
Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze
The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.
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September 03, 2025
5th Circ. Deems Trump's Use Of Wartime Removal Law Illegal
A split Fifth Circuit panel ruled that President Donald Trump's March proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members likely ran afoul of the wartime law and blocked removals in the Northern District of Texas.
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September 02, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.
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September 02, 2025
4th Circ. Says Cooking For Terrorists Doesn't Bar Asylum
The Fourth Circuit revived a deported Nigerian man's immigration case Tuesday, ruling a brief stint as a cook for a terrorist group did not rise to a level of "material support" to make him ineligible for asylum.
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September 02, 2025
DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens
Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.
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September 02, 2025
Military Lawyers To Work As Temporary Immigration Judges
The U.S. Department of Defense is working to identify military lawyers to serve as temporary immigration judges at the U.S. Department of Justice, according to an agency spokesperson.
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September 02, 2025
Nearly Deported Minors Back In HHS Care, Feds Report
All 76 unaccompanied children whom the Trump administration tried to deport to Guatemala over the weekend are back in the custody of the federal agency that oversees their care after a federal judge halted their removal, the government said.
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September 02, 2025
Feds' Immigration Policy 'Fundamentally Unfair,' Judge Says
A Michigan federal judge ruled that the detention of a longtime Detroit resident by Immigration and Customs Enforcement without a bond hearing violates his due process rights, ordering his immediate release or a hearing by the end of the week and calling the government's recent directive to detain all noncitizens "wrong."
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September 02, 2025
Calif. Judge Rules Trump's Troop Deployment Was Unlawful
A California federal judge ruled Tuesday that President Donald Trump's use of the National Guard to quell protests in Los Angeles over immigration raids was a violation of the Posse Comitatus Act, saying Congress "clearly" limited the military's role in domestic law enforcement.
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August 29, 2025
Logistics Cos. Can't Escape Worker Visa Misuse Class Action
Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.
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August 29, 2025
Full DC Circ. Asked To Revive Inquiry Into El Salvador Flights
The American Civil Liberties Union is asking the full D.C. Circuit to review a panel ruling ending a district judge's investigation into the Trump administration's first flights of Venezuelan citizens to El Salvador in March, claiming that the decision undermines the court's fundamental authority to enforce its orders.
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August 29, 2025
Board Says 'Speculative' Relief No Reason To Delay Hearings
The Board of Immigration Appeals has ruled immigration judges generally can't postpone hearings based on a noncitizen's "speculative assertion" they might be eligible for another form of removal relief they have not previously raised.
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August 29, 2025
Texas Fights Statewide Block Of Migrant Transport Order
Texas has urged a federal court not to issue a statewide injunction against an executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants in the wake of a Supreme Court decision limiting universal injunctive relief.
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August 29, 2025
DOJ Swears In 3 New Board Of Immigration Appeals Members
The Executive Office for Immigration Review announced Friday that three new Board of Immigration Appeals members — Sheila E. Gallow, Marcos Gemoets and Kathleen K. Volkert — were sworn in during a ceremony on Thursday.
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August 28, 2025
Amid Firings, DOJ Opens Temp Judge Eligibility To Any Atty
A new final rule that took effect Thursday removes prior restrictions on who can be a temporary immigration judge, opening the positions to any attorney and waiving the requirement for immigration law experience while the Trump administration continues firing permanent judges.
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August 28, 2025
Trump Admin Backs Harvard Foreign Student Ban At 1st Circ.
The Trump administration defended its attempt to bar foreign students from enrolling at Harvard University, telling the First Circuit in a brief filed Thursday that a federal judge who blocked the move has no business second-guessing immigration decisions made by the executive branch.
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August 28, 2025
Court Blocks Bid To Keep Everglades Detention Center Open
A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location.
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August 28, 2025
Labor Atty Rejoins McGuireWoods After Food Company Stint
McGuireWoods LLP announced Wednesday that it has welcomed an alumnus back to its labor and employment team following his stint as an associate general counsel for packaged meat company Smithfield Foods Inc.
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August 28, 2025
Clark Hill Adds Tafapolsky & Smith Immigration Team In SF
Clark Hill PLC is growing its immigration team, bringing in three Tafapolsky & Smith LLP immigration attorneys in its San Francisco office — two as members, one as a senior attorney — and adding a completely new immigration practice area in the process.
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August 27, 2025
DC Circ. Told Quick Removals For Parolees Rightly Blocked
The D.C. Circuit should not allow the Trump administration to "destroy" the promise that the federal government made to immigrant parolees during the Biden administration by subjecting them to expedited removal, an advocacy group told the appellate court.
Expert Analysis
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What To Do When ICE Shows Up At The Hospital
In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.
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Unpacking The Legal Foundation Of Trump's New Trade War
President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.
President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Birthright Order Denies 14th Amendment's Purpose, Origin
President Trump's executive order ending birthright citizenship invokes logic explicitly rejected by the framers of the 14th Amendment, demonstrating the administration's fundamental misunderstanding of the citizenship clauses' origins, jurisprudence, and impact on how Americans understand equality and national belonging, says Mauni Jalali at Quinn Emanuel.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Trump's Day 1 Orders Augur Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.