Name: Navigating Immigration in a Second Trump Term
Uploaded: 2025-05-13T11:00:00-07:00
Description: This program, presented by immigration lawyers Greg Siskind and Charles H. Kuck, will examine the many changes that have impacted the immigration system since January 20th, 2025. The presentation will take a close look at the impact litigation is having on immigration matters as well as litigation options for delayed and incorrectly decided cases.

Navigating Immigration in a Second Trump Term

This program, presented by immigration lawyers Greg Siskind and Charles H. Kuck, will examine the many changes that have impacted the immigration system since January 20th, 2025. The presentation will take a close look at the impact litigation is having on immigration matters as well as litigation options for delayed and incorrectly decided cases.

Topics covered include:

Immigration Law Law Practice

Agenda:

Immigration Litigation in the Trump Era
- Overview of litigation trends and landmark cases from the Trump administration
- Discussion of legal strategies and the impact on immigration practices
Litigation Options for Delayed and Incorrectly Decided Cases

Examination of mandamus delay, APA, and other cases within the context of immigration litigation
Discussion on how mandamus actions have influenced case progress and outcomes, and strategies for managing delays in litigation

Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: May 13, 2025 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Charles Kuck and Greg Siskind are introduced as speakers with notable backgrounds in immigration law. The presentation will focus on immigration policies under a second Trump term, particularly from a litigation perspective. Charles and Greg will discuss high-impact cases and their experiences in immigration litigation. They discuss their extensive experience in mass lawsuits against various administrations. Greg and Charles highlight the significance of litigation in addressing immigration policies, including mandamus and APA actions.

06:00 Birthright Citizenship

The discussion begins with the controversial topic of birthright citizenship under the Trump administration. The executive order challenges the established legal theory of citizenship by birth, leading to significant litigation. The administration's interpretation of the 14th Amendment is seen as unconstitutional by many legal experts. The Supreme Court's involvement is anticipated to address nationwide injunctions.

09:55 Refugee and Parole Programs

The Trump administration's drastic reduction in refugee admissions is discussed, focusing on its impact on resettlement programs. Nonprofit organizations face significant challenges due to funding cuts, affecting their ability to support refugees. The long-term consequences of these policies are highlighted, including the difficulty of rebuilding infrastructure for refugee resettlement. The discussion shifts to the Biden administration's parole programs, which are under threat from the Trump administration. The legal complexities of ending these programs are explored, with a focus on the 900,000 individuals affected.

14:10 Temporary Protected Status and Alien Enemies Act

The discussion covers Temporary Protected Status (TPS) and the challenges in ending such programs. TPS is statutory, making it difficult for administrations to terminate without showing changed circumstances. Venezuelans are a key focus due to their large TPS population, with ongoing litigation to maintain their status. The conversation shifts to the use of the Alien Enemies Act, which is criticized for its lack of legal basis. The administration's use of language like 'invasion' is seen as a tactic to influence public perception. Legal challenges to these policies are ongoing, with courts often striking down government actions.

18:43 SEVIS and Sanctuary Cities

The SEVIS program's impact on foreign students is discussed, highlighting recent issues with visa revocations. ICE actions in revoking visas without proper investigation led to widespread litigation. The government is offering settlements to plaintiffs, but non-litigants face status gaps. The sanctuary cities policy is revisited, with courts consistently ruling against punitive measures. The IRS's information sharing with ICE raises concerns about immigrants' willingness to file tax returns. The dismantling of oversight offices like the Ombudsman is seen as troubling, reducing accountability in immigration processes.

41:08 Mandamus and APA Actions

Mandamus actions are explained as a tool to address government delays in immigration processes. The discussion covers the strategic use of mandamus and APA actions in litigation. Judges' perceptions of 'unreasonable delay' vary, affecting the success of mandamus cases. The importance of choosing the right court and documenting efforts to resolve delays is emphasized. The risks and considerations of filing mandamus actions are discussed, including potential retaliatory actions. Declaratory judgment actions are another legal avenue for addressing government errors.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Pending

Credits: TBD

Earn Credit Until: TBD

This presentation is approved for one hour of General CLE credit in California, one hour of General CLE credit in South Carolina (all levels), and one hour of General CLE credit in North Carolina. An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.

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Speakers

Charles H. Kuck Founding Partner
Kuck Baxter LLC

Charles H. (“Chuck”) Kuck is the Founding Partner of Kuck Baxter LLC in Atlanta, Georgia. Chuck served as the National President of the American Immigration Lawyers Association from 2008-2009. He also served as President of the Alliance of Business Immigration Lawyers from 2010-2014 and has been an Adjunct Professor of Law for more than 20 years, currently at Emory Law School. He was named one of the top 5 immigration attorneys in the world by Chambers & Partners again in 2022, the “Best Lawyer-Immigration” in Georgia by Best Lawyers in 2022, and was previously named one of the “100 Most Influential Georgians” by Georgia Trend magazine. Read More ›

Greg Siskind Founding Partner
Siskind Susser, PC

Greg Siskind is a founding partner of Siskind Susser and has been practicing immigration law since 1990. He is also a co-founder of AI software company Visalaw Ventures. He received his bachelor’s degree from Vanderbilt University and his law degree from the University of Chicago. Read More ›

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