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Immigration
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February 13, 2025
NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud
The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.
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February 13, 2025
Denver Schools Sue DHS Over Protected Area Removals
Denver Public Schools slammed the U.S. Department of Homeland Security over the agency's rescission of longstanding protections against immigration enforcement on school grounds, saying the DHS has offered no facts to back its decision.
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February 13, 2025
DOL Board Revives Mich. Gutter Co.'s H-2B Bid For Helpers
A U.S. Department of Labor appeals board judge partly reversed the denial of a Michigan gutter company's petition to hire five foreign workers for temporary installation help, ruling a certifying officer, or CO, unreasonably rejected payroll info that the company submitted to justify its need.
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February 13, 2025
Landscape Workers Seek Sanctions Over Lacking Class Lists
U.S. citizens and H-2B landscape workers have called on a Kansas federal judge to sanction a company accused of cheating them out of overtime pay, saying it supplied "woefully incomplete" class lists that were not in compliance with court orders.
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February 13, 2025
4th Judge Rejects Trump's Take On Birthright Citizenship
A Massachusetts federal judge on Thursday joined three other U.S. district courts in blocking President Donald Trump's executive order limiting birthright citizenship, rejecting the administration's interpretation of the 14th Amendment.
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February 13, 2025
Small But Mighty Busy: 1st Circ. A Hub For Anti-Trump Suits
The Boston-based First Circuit will play an outsize role in litigation challenging the aggressive start to President Donald Trump's second administration, but the liberal stronghold's philosophic divergence with the U.S. Supreme Court may make any victories fleeting.
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February 12, 2025
9th Circ. Revives Family's Asylum Bid Citing 'Antigypsyism'
A split Ninth Circuit on Wednesday revived a Roma family's asylum bid, saying in a published opinion that the Board of Immigration Appeals disregarded the "extreme" persecution and mistreatment the family faced as well as a long history of "antigypsyism."
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February 12, 2025
Bondi Says NY Failed To Enforce Feds' Immigration Policies
Attorney General Pam Bondi said Wednesday that the U.S. Department of Justice is suing New York over its Green Light Law, which she claims prevents law enforcement officers from doing their jobs.
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February 12, 2025
DOJ Wants Nationwide Injunction Trimmed In Citizenship Case
The U.S. Department of Justice has called on a Maryland federal judge to narrow the scope of a nationwide injunction blocking the implementation of President Donald Trump's executive order limiting birthright citizenship, saying it should apply only to the individuals identified in the suit.
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February 12, 2025
Groups Try To Stop Trump's 'Catastrophic' Refugee Shutdown
A group of refugees and nonprofits suing President Donald Trump over his suspension of a refugee program are urging a Seattle federal judge to block enforcement of the executive order, warning refugees will otherwise remain stranded abroad as the program is dismantled.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
Advocates Sue DHS Over Access To Guantanamo Deportees
The Trump administration has transported dozens of immigrants to Guantanamo and is now holding them "incommunicado" without access to attorneys, family members, or the outside world, a group of immigrants' rights advocates said in a lawsuit filed Wednesday in D.C. federal court.
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February 12, 2025
ICE Says Advocacy Groups Can't Sue Over Border Asylum Halt
U.S. Immigration and Customs Enforcement has fired back at a lawsuit challenging the Trump administration's move to shut down all avenues for asylum at the southern border, saying the immigrant advocacy organizations behind the suit lack standing and can't "override the president's judgment."
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February 12, 2025
'Remain In Mexico' Reboot Sparks Renewed Court Battle
A nonprofit immigration legal services provider revived its challenge to the Remain in Mexico program after President Donald Trump rebooted it, telling a California federal judge the program's reimplementation flouts U.S. asylum law and burdens the organization's First Amendment rights.
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February 11, 2025
Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk
President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.
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February 11, 2025
Ex-NY Gov. Aide And Husband Deny Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and former Gov. Andrew Cuomo, Linda Sun, and her husband on Tuesday pled not guilty to a superseding indictment that accuses her of secretly acting as an agent of China's government and adds new money laundering charges against her spouse.
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February 11, 2025
Red States Tell 8th Circ. DACA Health Coverage Harms Them
A coalition of 19 Republican-led states has told the Eighth Circuit they can challenge a federal rule expanding Affordable Care Act benefits to Dreamers, citing more than $624,000 in increased costs Idaho, Kentucky and Virginia will incur as a result.
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February 11, 2025
Plant Nursery To Shell Out $2.5M In H-2A Wage Suit
An operator of plant nurseries in California agreed to shell out $2.5 million in back wages after a U.S. Department of Labor investigation determined that it coerced H-2A workers to quit in order to dodge the program's wage and hour requirements, the department said.
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February 11, 2025
Iranian AI Experts Lose Challenge Over EB-2 Visa Delays
A California federal judge has thrown out an attempt by Iranian experts in artificial intelligence and other emerging technologies to speed up delayed visa applications, finding that the delays of up to 20 months were reasonable given administrative backlogs and national security screening.
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February 11, 2025
Religious Groups Sue To Bar ICE Raids In Houses Of Worship
A coalition of 27 Christian and Jewish religious organizations representing millions of congregants sued the U.S. Department of Homeland Security on Tuesday, alleging that immigration raids being conducted in houses of worship are a violation of the free exercise of religion.
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February 11, 2025
Bannon Cops To Fraud Scheme In Border Wall Case
Donald Trump's former chief strategist, Steve Bannon, pled guilty Tuesday to a single felony fraud scheme charge in New York state court as part of a deal with Manhattan prosecutors to avoid jail time in his "We Build The Wall" charity fraud case.
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February 10, 2025
Refugee Program In Peril With Suspension, Suit Warns
A group of refugees and nonprofits sued President Donald Trump on Monday in Washington federal court for suspending the U.S. refugee program and withholding federal funding for refugee services, calling it "an unprecedented attack on refugee resettlement infrastructure."
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February 10, 2025
Feds Says Religious Groups Can't Show Harm From ICE Raids
The Trump administration has urged a Maryland federal judge to reject religious groups' attempt to stop a new policy allowing immigration raids in places of worship, saying they have failed to show how they will be harmed by the policy change.
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February 10, 2025
Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'
A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.
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February 10, 2025
NM Judge Won't Let Feds Send 4 Venezuelans To Guantánamo
A New Mexico federal judge barred the Trump administration from sending four Venezuelans being held by U.S. Immigration and Customs Enforcement to Guantánamo after the detainees said they feared imminent transfer.
Expert Analysis
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.