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Immigration
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January 24, 2025
Trump's Invasion Theory, Prosecution Vow Break New Ground
President Donald Trump's border closure accompanying a declared "invasion" of migrants, and threats to pursue criminal prosecution of officials in sanctuary localities, is likely to test novel legal theories in lawsuits expected to challenge the president's powers.
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January 24, 2025
Immigrant Rights Attorneys Set For Battle As Trump Returns
In the face of the sweeping anti-immigration measures proposed by President Donald Trump, legal aid organizations across the country are responding by bolstering their resources and increasing outreach efforts to prepare for an expected surge in deportation cases. Many are training more staff, expanding their pro bono networks, and collaborating with community organizations to ensure that noncitizens, especially those in vulnerable populations, receive timely legal advice and representation.
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January 24, 2025
8th Circ. Upholds Block On Iowa's Immigration Law
An Eighth Circuit panel upheld an order barring Iowa from enforcing a state law that criminalizes noncitizens who enter the state after deportation from the U.S., saying in a Friday opinion the law doesn't pass a constitutional smell test.
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January 24, 2025
DOJ Seeks End Of SpaceX Challenge To Immigrant Bias Case
A Texas federal judge on Friday paused a SpaceX lawsuit challenging administrative proceedings against the aeronautics company over its refusal to hire refugees and asylees, after the U.S. Department of Justice said it was considering ways to resolve the case.
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January 24, 2025
Immigrant Groups Seek Block Of Trump's Citizenship 'Assault'
Massachusetts immigrant advocacy organizations and an expectant mother urged a Boston federal judge to block President Donald Trump's "unparalleled assault on the sanctity and integrity of U.S. citizenship," after a Washington judge paused the administration's birthright citizenship executive order for two weeks.
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January 23, 2025
Foreign Workers' RICO Claims Should Advance, Judge Says
A Georgia federal judge has said a proposed class action by Mexican engineers who say they were duped into doing manual labor in the U.S. should largely proceed, finding they have sufficiently backed their state racketeering claims.
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January 23, 2025
3rd Circ. Backs Tossing USCIS Green Card Wait Time Suit
The Third Circuit ruled in a precedential opinion on Thursday that the courts don't have jurisdiction over an Indian couple's claims that the U.S. Citizenship and Immigration Services' policy of postponing adjudication of certain green card applications violates the law, because the agency has the delegated power to set its own systems for handling applications.
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January 23, 2025
Federal Agencies Must Order Full Return To Office By Friday
Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.
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January 23, 2025
Detainees' COVID Claims Blunted By ICE Action, Judge Hints
A Michigan federal judge said Thursday she was skeptical healthy people in immigration detention can sue the federal government for not providing updated COVID-19 vaccinations, noting the jail in question being used by ICE has held vaccination clinics and that released detainees have had years to get the vaccine on their own.
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January 23, 2025
11 States Say DOJ Can't Make Them Enforce Deportations
Eleven state attorneys general fired back Thursday at a U.S. Department of Justice memorandum instructing federal prosecutors to take action against states that interfere with the Trump administration's plans to deport unlawfully present immigrants, calling the move unconstitutional.
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January 23, 2025
DOJ Says Rule Expanding ACA To Dreamers Is On Solid Ground
The U.S. Department of Justice has urged the Eighth Circuit to undo a North Dakota judge's decision to block a Biden administration rule allowing recipients of the Deferred Action for Childhood Arrivals program to qualify for Affordable Care Act health insurance coverage.
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January 23, 2025
Judge Puts 'Unconstitutional' Trump Citizenship Order On Ice
A Washington federal judge paused nationwide enforcement of President Donald Trump's executive order limiting birthright citizenship on Thursday, calling the order "blatantly unconstitutional" and expressing disdain for attorneys backing the presidential decision while hearing four states' emergency bid for a temporary restraining order.
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January 23, 2025
DOJ Atty Unsure If Birthright Order Is Already In Effect
A U.S. Department of Justice attorney on Thursday was unable to tell a Maryland federal judge with absolute certainty if any portion of President Donald Trump's executive order limiting birthright citizenship is already in effect, hours before a Washington federal judge blocked the policy nationwide.
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January 22, 2025
ACLU Says Expanded Quick Removals Trample Due Process
The American Civil Liberties Union sued the Trump administration in D.C. federal court Wednesday over its dramatic expansion of rapid deportations that bypass the immigration court system, saying the process tramples on due process rights.
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January 22, 2025
Trump Pick For Boston US Atty Won't Be 'Afraid To Speak Up'
The selection of Leah Foley as Massachusetts U.S. attorney drew praise from both sides of the aisle, as veterans of the Boston-based office praised her toughness and predicted she would be able to withstand outside political influence.
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January 22, 2025
Immigration Bill Laken Riley Act Heads To Trump's Desk
The U.S. House of Representatives voted 263-156 on Wednesday on a bill to require U.S. Immigration and Customs Enforcement to take into custody undocumented immigrants accused of certain crimes, with the bill now going to President Donald Trump to sign.
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January 22, 2025
Trump Order Moots DHS Parole Program Case, 5th Circ. Told
Among President Donald Trump's first-day executive orders is a mandate that likely moots a challenge to a Biden administration parole program set to go before the Fifth Circuit next month, the federal government told the court Tuesday.
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January 22, 2025
ACLU Says ICE Is Unlawfully Concealing Public Records
U.S. Immigration and Customs Enforcement is unlawfully tapping a rule adopted after the Sept. 11, 2001, terrorist attacks to shield records on detained immigrants who are being held in Michigan's local jails, the ACLU said in a complaint filed Wednesday.
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January 22, 2025
Trump's Birthright Order Faces Another Legal Challenge
Five pregnant women and two immigrant advocacy organizations hit the Trump administration with yet another lawsuit, in Maryland federal court, challenging the president's executive order ending birthright citizenship in the United States.
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January 22, 2025
White House Shutters DEI Offices, Puts Workers On Leave
The U.S. Office of Personnel Management told federal agencies to close offices focused on diversity, equity and inclusion initiatives by Wednesday evening and lay off staffers by Jan. 31, part of President Donald Trump's larger efforts to combat workplace diversity programs.
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January 22, 2025
DOJ Aims To Prosecute Local Officials Who Impede Removals
The U.S. Department of Justice instructed its staff to investigate and take enforcement actions against state and local officials who interfere with the Trump administration's plans to deport unlawfully present immigrants, according to an internal agency memo.
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January 21, 2025
What Gov't Contractors Must Know About Trump Exec Actions
President Donald Trump's flood of executive orders following his inauguration included a number of measures targeted at or broadly affecting federal contractors, such as lifting Biden administration antidiscrimination and climate change-related requirements and restarting border wall construction.
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January 21, 2025
DHS Expands Quick Removals, Revokes 'Protected Areas'
The Trump administration continued its flurry of immigration-related actions Tuesday, moving to expand expedited removals, revoking the Biden administration's limits on where noncitizens can be arrested and formally reviving the "Remain in Mexico" program.
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January 21, 2025
US Told To Justify Citizenship Screening Program And Delays
A federal judge in Washington state has found a U.S. Citizenship and Immigration Services' program for reviewing immigration applications with potential national security concerns to be "arbitrary and capricious," holding that the agency failed to justify the program's creation or ensure timely processing.
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January 21, 2025
Judge Wary Of Restoring All CBP One Appts Axed By Trump
A D.C. federal judge seemed hesitant on Tuesday to grant a request by American Civil Liberties Union attorneys to order the Trump administration to reschedule all CBP One mobile app appointments the new administration canceled on inauguration day.
Expert Analysis
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Opinion
Dreamer Green Card Updates Offer Too Little For Too Few
Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.