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Immigration
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January 27, 2025
Calif. Rep Demands Explanation Of Military Assets At Border
Rep. John Garamendi, D-Calif., on Friday demanded the Pentagon explain its use of military assets for immigration enforcement following President Donald Trump's national emergency declaration at the southern border, saying the diversion of such assets could set a "dangerous precedent."
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January 27, 2025
Judge Grants Bid For Docs, Code In EPassport Fight
A Court of Federal Claims judge partially granted a German company's bid to secure discovery materials from the U.S. government and a French cybersecurity firm for its suit accusing the government of infringing on patents related to electronic passport readers.
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January 27, 2025
Chicago Groups Sue Trump, DHS For 'Retaliatory' ICE Raids
Chicago nonprofits asked an Illinois federal judge to halt immigration raids targeting the Windy City, alleging the Trump administration is unlawfully trying to punish Chicago to "stomp out" the sanctuary city movement.
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January 27, 2025
Nonprofits Say ICE Barred Them From Advising Noncitizens
Legal services providers who educate detained immigrants about their rights said Monday they were barred from providing their services under a new U.S. Immigration and Customs Enforcement directive.
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January 25, 2025
Senate Confirms Kristi Noem To Lead DHS
The Senate voted 59-34 on Saturday in a rare weekend session to confirm South Dakota Gov. Kristi Noem to be secretary of the U.S. Department of Homeland Security.
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January 24, 2025
With DHS Flip, Remain In Mexico Suit Up In The Air
The states of Texas and Missouri and the U.S. federal government must submit joint briefing regarding what comes next for their legal dispute over the Biden-era rescission of a program requiring asylum-seekers to stay in Mexico while their immigration claims are processed, a Texas federal judge has determined a day after the program's reinstatement.
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January 24, 2025
Indiana Sues Police Department For Limiting ICE Cooperation
Indiana's attorney general hit the St. Joseph County Police Department with a lawsuit alleging it's not fully cooperating with federal immigration authorities in line with a Hoosier State law banning so-called sanctuary city policies — a charge the police department immediately disputed.
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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.
Expert Analysis
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Haste Is Priority For Participation In New Green Card Program
Immigration practitioners should determine their clients' eligibility under the Biden administration’s new policy to help certain noncitizens, particularly those married to U.S. citizens, to apply for green cards, and do so without delay given uncertainty tied to the upcoming election, says Brad Brigante at Brigante Law.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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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.