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Immigration
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February 26, 2025
DHS Registration Could Spur Fear But Will Be Hard To Enforce
A U.S. Department of Homeland Security plan to require unauthorized immigrants who didn't enter with a visa to register with the federal government or face criminal prosecution will likely spur fear but will require vast resources to enforce, immigration experts said.
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February 26, 2025
Trump Orders Fed Agencies To Plan For Large Layoffs
The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."
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February 26, 2025
ICE Unlawfully Detained Somali Man, Judge Says
An Alaska federal magistrate judge said a Somali man was being held by U.S. Immigration and Customs Enforcement unlawfully, since his application for a special immigration status available to people from particularly unsafe countries makes him ineligible for removal.
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February 26, 2025
'Congress Favors Arbitration' In EB-5 Suit, 11th Circ. Told
A Canadian citizen who is accused in a Florida lawsuit of defrauding foreign investors told the Eleventh Circuit in a hearing Wednesday that a lower court wrongfully sent the case back to state court and denied a request to halt proceedings, telling the panel that "Congress favors arbitration."
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February 26, 2025
Trump Proposes 'Gold Card' To Replace EB-5 Investor Visa
President Donald Trump said a "gold card" visa with an investment threshold of $5 million could replace the long-standing EB-5 investor program.
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February 26, 2025
Texas Judge Tosses Law Firm's Claims Of Unfair Competition
A Houston federal court has trimmed a trade secrets suit a Washington state-based immigration firm is pursuing against a Texas rival, finding two of seven claims are preempted by the Texas Uniform Trade Secrets Act.
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February 26, 2025
Trump Can't Enact Birthright Citizenship Order During Appeal
A Massachusetts federal judge on Wednesday left in place a block on President Donald Trump's would-be order restricting birthright citizenship, rejecting a bid by the administration to implement the executive action while it appeals the matter to the First Circuit.
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February 26, 2025
Dems Oppose Using Federal Prisons For Trump Deportations
Democrats on the Senate Judiciary Committee urged the Trump administration to rethink a plan to tap the staff- and resource-strapped federal prison system to hold detained immigrants as it pushes for mass deportations.
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February 25, 2025
Org. Says ICE Plan To Deport Migrant Kids Endangers Them
An immigrant rights organization raised concerns Tuesday about a U.S. Immigration and Customs Enforcement memo directing enforcement efforts at unaccompanied children, saying any such effort should be paired with increased legal services to help protect them from trafficking and exploitation.
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February 25, 2025
Meta Must Face US Citizens' Hiring Bias Suit
A California federal magistrate judge on Tuesday refused to nix a proposed class action alleging Meta intentionally favors H-1B visa holders over U.S. citizens for jobs, referencing statistics showing Meta's H-1B visa holders make up 15% of its workforce, compared to 0.5% for other employers.
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February 25, 2025
How To Track Trump's Legal Battles
President Donald Trump has issued a historic number of executive orders and other actions during his first five weeks back in the White House, eliciting more than 80 legal challenges and setting the stage for major courtroom battles over birthright citizenship, presidential power, the federal government's structure and more. Law360 has created a database to keep track of them all.
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February 25, 2025
Saga Over $3.6B ICE Deportation Contract Sees New Protest
A Florida company alleges U.S. Immigration and Customs Enforcement shortchanged its proposal for deportation flight services and awarded a $3.6 billion contract to another company, at a $500 million premium, without justification or clear benefit for taxpayers.
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February 25, 2025
7th Circ. Mostly Denies Religious Groups' Visa Rule Challenge
A Seventh Circuit panel rejected religious groups' assertions that a visa regulation applying to foreign ministers burdens their religious and First Amendment rights, but revived their Administrative Procedure Act claim challenging the regulation.
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February 25, 2025
Dems Press Trump On Legality Of Guantánamo Transfers
Five Democratic senators objected to President Donald Trump's order for noncitizens to be detained at the Guantánamo Bay naval station, calling the move illegal and "harmful to American national security, values and interests."
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February 25, 2025
Wash. Judge Blocks Trump Refugee Entry Order
A Washington federal judge on Tuesday blocked President Donald Trump's executive order halting the U.S. refugee program and withholding federal funds for refugee services, citing the harm that may come to refugees stranded in dangerous places.
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February 24, 2025
Trump Birthright Citizenship EO Must Stay Paused, States Say
A coalition of states on Monday urged a Massachusetts federal judge to leave in place his preliminary injunction blocking President Donald Trump's executive order limiting birthright citizenship while the government appeals, arguing that the injunction merely maintains a centurylong status quo recognizing those citizenship rights.
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February 24, 2025
Border Wall Cos. Learned Of Fund Row In 2024, 5th Circ. Told
A group of contractors told the Fifth Circuit Monday that they had no choice but to intervene in Texas and Missouri's suit over border wall funds on the eve of a final judgment because they were only notified days before that a preliminary injunction regarding the funds would affect them.
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February 24, 2025
Ill. Court Clears Holiday Inn In Suit Over Migrant's Suicide
A Chicago-area Holiday Inn that housed several migrants from Venezuela was properly cut loose from a wrongful death suit over a migrant's suicide, an Illinois appeals court ruled Monday, saying the hotel did not enable the suicide by leaving a rope in a stairwell.
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February 24, 2025
Gov't Won't Deport 7 People Based On Border Shutdown
The Trump administration has agreed not to use the president's Inauguration Day proclamation shutting down asylum claims at the southern border as the means by which to deport seven individuals that advocacy groups sought an emergency order to keep in the country.
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February 24, 2025
DHS Says Schools Not Injured By New ICE Guidelines
The U.S. Department of Homeland Security has urged a Colorado federal judge to reject Denver Public Schools' attempt to reinstate protections against immigration enforcement on school grounds, saying the school district failed to show how it is injured by the policy change.
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February 24, 2025
4th Circ. Won't Block DOL's H-2A Minimum Wage Rule
A Biden-era rule from the U.S. Department of Labor that shook up how it calculates minimum wages paid to H-2A visa workers may stand, the Fourth Circuit ruled Monday, saying blocking the regulation would harm both domestic and foreign workers and inflict hardship on farm owners.
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February 24, 2025
Migrant Group Says Challenge Of Blocked Iowa Law Not Moot
An immigrant services group asked the Eighth Circuit to reconsider an order dismissing its challenge of a controversial Iowa law criminalizing certain noncitizens in the Hawkeye State, saying a preliminary injunction granted to the U.S. government doesn't moot its own challenge.
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February 24, 2025
Mass. Cities Sue Over Trump's Sanctuary City 'Bullying'
Two Massachusetts cities have sued the Trump administration to block its "illegal campaign of bullying and intimidation" that threatens to strip federal funding from sanctuary cities that limit local law enforcement involvement with federal immigration enforcement.
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February 24, 2025
Judge Limits ICE Raids At Churches, Other Houses Of Worship
A Maryland federal judge on Monday barred U.S. Immigration and Customs Enforcement from conducting immigration enforcement at or near houses of worship of several religious groups, saying their free exercise of religion is likely being chilled.
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February 22, 2025
NY Judge Extends Block On DOGE's Treasury Access
A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.
Expert Analysis
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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.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Biden Green Card Program Unlikely To Advance Post-Election
Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Employment Verification Poses Unique Risks For Staffing Cos.
All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.