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Immigration
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September 24, 2025
Judge Preserves H-2A Worker Claims Against NC Farm
A North Carolina federal judge said the owners of Lee and Sons Farms must face a collective action brought by migrant farmworkers and certified several classes of workers alleging breach of contract and wage law violations.
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September 23, 2025
Judiciary Dems Demand Feds Explain 'Border Czar' Probe
Democratic members of the Senate Judiciary Committee announced Tuesday they are looking into the Trump administration's alleged closure of a U.S. Department of Justice bribery investigation of White House "border czar" Thomas Homan, following recent news reports that he accepted $50,000 from an undercover FBI agent.
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September 23, 2025
Feds Tell Justices GEO Can't Rush Detainee Work Row Appeal
The federal government told the U.S. Supreme Court that immigrant detention contractor The GEO Group Inc. is wrong when it asserts that a federal judge's rejection of its immunity defense to a detainee class action could be appealed immediately.
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September 23, 2025
1st Circ. Calls BIA's Handling Of Late Filing 'Troubling'
The First Circuit on Monday faulted the Board of Immigration Appeals for refusing to consider a Guatemalan asylum applicant's appeal brief that was inadvertently filed in the wrong forum, finding the decision "troubling," and saying the BIA abused its discretion by not offering an explanation.
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September 23, 2025
ACLU Says ICE Won't Provide Records On Colo. Expansion
The American Civil Liberties Union Foundation of Colorado claimed in federal court on Tuesday that U.S. Immigration and Customs Enforcement is refusing to comply with a request for information on plans to expand operations in the state.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
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September 23, 2025
Religious Orgs Ask DC Circ. To Revive Bid To Block ICE Raids
Christian and Jewish religious organizations urged the D.C. Circuit to vacate a denial of their preliminary injunction request to stop immigration raids on places of worship, arguing Monday their injuries caused by attendance drops are traceable to the "unprecedented assault on their religious exercise" by the Department of Homeland Security.
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September 23, 2025
Feds Illegally Denying Immigrant Bond Hearings, Suit Says
The Trump administration is deliberately misclassifying immigrants marked for removal proceedings in an effort to illegally skirt their right to a bond hearing, according to a proposed class action filed Tuesday in Massachusetts federal court.
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
Justices Urged To Narrow Liability Defense In GEO Wage Row
Public Citizen urged the U.S. Supreme Court on Monday to rein in lower courts' interpretation of the 85-year-old Yearsley ruling, arguing it doesn't provide government contractors sovereign immunity derived from the government.
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September 22, 2025
DC Circ. Mulls International Media Funding, Firings
The D.C. Circuit is set to decide whether or not to allow the Trump administration to continue dismantling the agency that oversees state news broadcaster Voice of America after hearing consolidated arguments Monday morning in a quartet of cases challenging the shutdown.
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September 22, 2025
Feds Urge No Injunction In Ill. Migrant Shelter Fund Fight
An Illinois federal judge hearing Chicago and other municipalities' dispute over migrant-focused grant funds the U.S. Department of Homeland Security stopped reimbursing should not halt that decision while the parties' case plays out, because the funds aren't being moved or used elsewhere, the federal government argued Monday.
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September 22, 2025
NC Farms Didn't Jointly Employ Migrant Farmers, Judge Says
Three farm operators didn't jointly employ two Mexican migrant farmers who accused them of failing to reimburse workers for travel and visa expenses and requiring illegal kickbacks for meal charges, even though the farms filed H-2A visa applications together, a North Carolina federal judge ruled.
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September 22, 2025
Feds Say Banning Canadian CEO From US Was Legal
The federal government is urging a Washington federal court to throw out a suit from Eteros Technologies USA Inc. and its officers claiming U.S. Customs and Border Protection wrongly deported and revoked their trusted traveler status over the company's cannabis-related merchandise, saying CBP's actions are in keeping with federal law.
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September 22, 2025
DOJ Fights Dismissal Bid In NY ICE Courthouse Arrests Case
The Trump administration has doubled down on its challenge to a New York law that blocks immigration officials from making arrests near state courthouses, saying the law poses "intolerable obstacles" to immigration enforcement and must be swept aside.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
NY County Says It's Immune From Immigrant Detention Suit
Long Island officials on Friday asked a New York federal judge to throw out a class action brought by immigrants who say they were unlawfully detained past their release dates at the request of federal immigration authorities, saying local law enforcement has federal sovereign immunity when acting in cooperation with the feds.
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September 19, 2025
Trump Signs 'Gold Card' Visa Order Giving Priority For Cash
President Donald Trump signed an executive order Friday launching a "gold card" visa program that provides a pricier but speedier pathway for foreigners to reside in the U.S. "by voluntarily providing a significant financial gift to the nation," touting it as a step toward undoing the prior administration's "disastrous" immigration policies and bringing wealth to the nation.
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September 19, 2025
Detention Facility Contract Able To Proceed Amid Protest
A U.S. Court of Federal Claims judge refused to block the Army's decision to have construction proceed at an immigration detention facility at Fort Bliss, Texas, while a company protests the task order at the U.S. Government Accountability Office.
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September 19, 2025
Trump Administration Takes TPS Fight Back To Supreme Court
The Trump administration took its fight to end temporary protected status for Venezuela back to the U.S. Supreme Court on Friday, urging the justices to stay a district court decision that found the U.S. Department of Homeland Security's attempt to unwind those protections unlawful.
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September 19, 2025
9th Circ.: Feds Can't Give Up On 'Unclaimed' Hearing Notices
The Ninth Circuit has ruled the government cannot merely "throw up its hands and do nothing" when it learns a removal hearing notice has been returned unclaimed, vacating a lower court's denial of a Mexican immigrant's dismissal bid in a case accusing him of reentering the United States illegally.
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September 19, 2025
Under Trump, Hiring Immigration Lawyers Is Often Impossible
As the Trump administration follows through on campaign promises to arrest and deport millions, immigrants are increasingly finding that hiring an immigration lawyer is impossible. And without lawyers, they usually lose, no matter how strong their case is.
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September 19, 2025
NJ Shipyard Agrees To Pay $4M To Settle FCA Allegations
A New Jersey shipyard will pay $4 million to settle False Claims Act allegations that it employed immigrants without work authorizations to repair Navy vessels as part of its federal contract, prosecutors said.
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September 19, 2025
Former Immigration Judge's Bias Suit Gets Trimmed In Fla.
A Florida federal judge has trimmed multiple counts from a former immigration judge's discrimination lawsuit, finding that she failed to back up her bias claims.
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September 19, 2025
Trump Asks High Court To Lift Block On Trans Passport Ban
The Trump administration asked the U.S. Supreme Court on Friday to lift a nationwide order requiring the U.S. Department of State to issue passports to transgender and nonbinary individuals that reflect their gender identity, arguing the mandate wrongly compels the government to express speech it disagrees with.
Expert Analysis
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Alien Enemies Act Case Could Reshape Executive Power
President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.
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Mitigating The Risk Of Interacting With A Designated Cartel
There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.