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Immigration
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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.
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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.
Expert Analysis
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Perspectives
Immigration Detention Should Offer Universal Legal Counsel
Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.