Todays Date:  
   rss

LLP LEGAL NEWS

  Court Watch

A Florida state lawmaker has filed a bill that would ban some public colleges and universities from admitting immigrants who are in the country without legal permission. The proposal comes the day after Gov. Ron DeSantis called for a special legislative session to help implement President-elect Donald Trump’s immigration policies.

The proposal was filed Tuesday by Republican state Sen. Randy Fine, who is currently running for a seat in Congress to replace Rep. Mike Waltz, Trump’s pick for national security advisor.

“Is it fair to allow an illegal immigrant to take a spot that could be taken by a Floridian or an American? I would argue no,” Fine said.

Representatives for Florida’s public college and university systems did not immediately respond to questions on how many students could be affected by Fine’s bill, which would ban public schools of higher education with an acceptance rate of less than 85% from admitting students in the country without legal authorization.

The University of Florida, Florida State University, the University of Central Florida and Florida International University are among institutions that would be affected, according to the schools’ admissions data.

Fine’s proposal would mark a significant policy shift in the state, which is home to an estimated 1.2 million immigrants living in the U.S. without permission, according to the Pew Research Center. Currently, Florida students who are without such permission can qualify for in-state tuition at public colleges and universities. Fine has also filed a bill that would repeal that provision.

During the 2023-2024 school year, about 6,500 unauthorized students qualified for a waiver from paying out-of-state tuition at the state’s public colleges and universities, according to the nonprofit Florida Policy Institute.

Three states bar students without legal authorization from enrolling in at least some colleges, while half of states have policies allowing unauthorized students to qualify for in-state tuition, according to the National Immigration Law Center.

Gaby Pacheco was once an unauthorized college student in Florida and now leads TheDream.US, a national organization that provides scholarships to immigrant students who don’t have legal authorization. She called Fine’s proposal “harmful” and “self-defeating” at a time when Florida schools are seeing enrollment declines.

“We’re failing to see as Floridians the impact that is going to have when you’re removing people who have been here for 10, 15 years,” she said. “This is their home.”

DeSantis, who scheduled the special session to begin the week after Trump’s Jan. 20 inauguration, has said the state must take action to support the incoming president’s promised immigration crackdown and ensure that “we don’t have any lingering incentives for people to come into our state illegally.” DeSantis pushed his own anti-immigration agenda during his bid for the Republican presidential nomination.

The governor has faced pushback from the legislature’s Republican leaders, who labeled his call for a special session “premature” and “irresponsible.” Trump thanked DeSantis in a social media post on Tuesday, saying “hopefully other Governors will follow!”

Fine is among the Republican lawmakers who have pledged support for Trump and his agenda but have criticized the governor’s push for a special session as rushed.




Faced with the never-before-seen dilemma of how, when or even whether to sentence a former and future U.S. president, the judge in President-elect Donald Trump ‘s hush money case made a dramatic decision that could nevertheless bring the case to a muted end.

In a ruling Friday, Manhattan Judge Juan M. Merchan scheduled the sentencing for 10 days before Trump’s inauguration — but the judge indicated that he’s leaning toward a sentence that would amount to just closing the case without any real punishment. He said Trump could attend the Jan. 10 proceeding remotely because of his transition duties.

Still, that would leave Trump headed back to the White House with a felony conviction.

Will it come to that? Trump wants the conviction thrown out and the case dismissed, and communications director Steven Cheung said the president-elect will “keep fighting.” But it’s tough to predict just what will unfold in this unprecedented, unpredictable case. Here are some key questions and what we know about the answers:

Trump was convicted in May of 34 felony counts of falsifying his business’ records. They pertained to a $130,000 payment, made through his former personal lawyer in 2016, to keep porn actor Stormy Daniels from publicizing her story of having had sex with Trump a decade earlier. He denies her claim and says he’s done nothing wrong.

Trump’s sentencing was initially set for July 11. But at his lawyers’ request, the proceeding was postponed twice, eventually landing on a date in late November, after the presidential election. Then Trump won, and Merchan put everything on hold to consider what to do.

That won’t be final until the judge pronounces it, and he noted that by law, he has to give prosecutors and Trump an opportunity to weigh in. The charges carry potential penalties ranging from a fine or probation to up to four years in prison.

But the judge wrote that “the most viable option” appears to be what’s called an unconditional discharge. It wraps up a case without imprisonment, a fine or probation. But an unconditional discharge leaves a defendant’s conviction on the books.

And by law, every person convicted of a felony in New York must provide a DNA sample for the state’s crime databank, even in cases of an unconditional discharge.

Can Trump appeal to stop the sentencing from happening?

It’s murky. Appealing a conviction or sentence is one thing, but the ins and outs of challenging other types of decisions during a case are complicated.

Former Manhattan Judge Diane Kiesel said that under New York law, Friday’s ruling can’t be appealed, but that “doesn’t mean he’s not going to try.”

Meanwhile, Trump’s lawyers have been trying to get a federal court to take control of the case. Prosecutors are due to file a response with the U.S. 2nd Circuit Court of Appeals by Jan. 13, three days after Trump now is to be sentenced.

The defense also has suggested it would seek the U.S. Supreme Court’s intervention if Merchan didn’t throw out the case. In a Nov. 25 letter to the judge, Trump’s attorneys contended that the U.S. Constitution permits an appeal to the high court because the defense is making arguments about presidential immunity.

Much of their argument concerns the Supreme Court’s July ruling on that topic, which afforded considerable legal protections to presidents. Trump’s attorneys might try to convince the Supreme Court that it needs to follow up by getting involved now in the hush money case.

A Trump spokesperson said no decision had been made on whether to challenge Merchan’s ruling.





President-elect Donald Trump asked the Supreme Court on Friday to pause the potential TikTok ban from going into effect until his administration can pursue a "political resolution" to the issue.
After President Biden signed a law banning TikTok unless it divests from its China-based owner ByteDance, the viral video app sued to block it, arguing the act violates the First Amendment rights of millions of Americans.

The request came as TikTok and the Biden administration filed opposing briefs to the court, in which the company argued the court should strike down a law that could ban the platform by Jan. 19 while the government emphasized its position that the statute is needed to eliminate a national security risk.

"President Trump takes no position on the underlying merits of this dispute. Instead, he respectfully requests that the Court consider staying the Act's deadline for divestment of January 19, 2025, while it considers the merits of this case," said Trump's amicus brief, which supported neither party in the case and was written by D. John Sauer, Trump's choice for solicitor general.

The argument submitted to the court is the latest example of Trump inserting himself in national issues before he takes office. The Republican president-elect has already begun negotiating with other countries over his plans to impose tariffs, and he intervened earlier this month in a plan to fund the federal government, calling for a bipartisan plan to be rejected and sending Republicans back to the negotiating table.

Trump has also reversed his position on the popular app, having tried to ban it during his first term in office over national security concerns. He joined the app during his 2024 presidential campaign and his team used it to connect with younger voters, especially male voters, by pushing content that was often macho and aimed at going viral.

He said earlier this year that he still believed there were national security risks with TikTok, but that he opposed banning it. This month, Trump also met with TikTok CEO Shou Chew at his Mar-a-Lago club in Florida. The filings Friday come ahead of oral arguments scheduled for Jan. 10 on whether the law, which requires TikTok to divest from its China-based parent company or face a ban, unlawfully restricts speech in violation of the First Amendment. The law was was signed by President Joe Biden in April after it passed Congress with broad bipartisan support. TikTok and ByteDance filed a legal challenge afterwards.

Earlier this month, a panel of three federal judges on the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld the statute, leading TikTok to appeal the case to the Supreme Court. The brief from Trump said he opposes banning TikTok at this junction and "seeks the ability to resolve the issues at hand through political means once he takes office."

In their brief to the Supreme Court on Friday, attorneys for TikTok and its parent company ByteDance argued the federal appeals court erred in its ruling and based its decision on "alleged 'risks' that China could exercise control" over TikTok's U.S. platform by pressuring its foreign affiliates.

The Biden administration has argued in court that TikTok poses a national security risk due to its connections to China. Officials say Chinese authorities can compel ByteDance to hand over information on TikTok's U.S. patrons or use the platform to spread or suppress information.

But the government "concedes that it has no evidence China has ever attempted to do so," TikTok's legal filing said, adding that the U.S. fears are predicated on future risks.

In its filing Friday, the Biden administration said because TikTok "is integrated with ByteDance and relies on its propriety engine developed and maintained in China," its corporate structure carries with it risk.






The man accused of fatally shooting the CEO of UnitedHealthcare pleaded not guilty on Monday to state murder and terror charges while his attorney complained that comments coming from New York’s mayor would make it tough to receive a fair trial.

Luigi Mangione, 26, was shackled and seated in a Manhattan court when he leaned over to a microphone to enter his plea. The Manhattan district attorney charged him last week with multiple counts of murder, including murder as an act of terrorism.

Mangione’s initial appearance in New York’s state trial court was preempted by federal prosecutors bringing their own charges over the shooting. The federal charges could carry the possibility of the death penalty, while the maximum sentence for the state charges is life in prison without parole.

Prosecutors have said the two cases will proceed on parallel tracks, with the state charges expected to go to trial first. One of Mangione’s attorneys told a judge that the “warring jurisdictions” had turned Mangione into a “human ping-pong ball” and that New York City Mayor Eric Adams and other government officials had made him a political pawn, robbing him of his rights as a defendant and tainting the jury pool.

“I am very concerned about my client’s right to a fair trial,” lawyer Karen Friedman Agnifilo said.

Adams and Police Commissioner Jessica Tisch stood among a throng of heavily armed officers last Thursday when Mangione was flown to a Manhattan heliport and escorted up a pier after being extradited from Pennsylvania.

Friedman Agnifilo said police turned Mangione’s return to New York into a choreographed spectacle. She called out Adams’ comment to a local TV station that he wanted to be there to look “him in the eye and say, ‘you carried out this terroristic act in my city.’”

“He was on display for everyone to see in the biggest stage perp walk I’ve ever seen in my career. It was absolutely unnecessary,” she said.

She also accused federal and state prosecutors of advancing conflicting legal theories, calling their approach confusing and highly unusual.

In a statement, Adams spokesperson Kayla Mamelak Altus wrote: “Critics can say all they want, but showing up to support our law enforcement and sending the message to New Yorkers that violence and vitriol have no place in our city is who Mayor Eric Adams is to his core.”

“The cold-blooded assassination of Brian Thompson — a father of two — and the terror it infused on the streets of New York City for days has since been sickeningly glorified, shining a spotlight on the darkest corners of the internet,” Mamelak Altus said.

State trial court Judge Gregory Carro said he has little control over what happens outside the courtroom, but can guarantee Mangione will receive a fair trial.

Authorities say Mangione gunned down Thompson as he was walking to an investor conference in midtown Manhattan on the morning of Dec 4.

Mangione was arrested in a Pennsylvania McDonald’s after a five-day search, carrying a gun that matched the one used in the shooting and a fake ID, police said. He also was carrying a notebook expressing hostility toward the health insurance industry and especially wealthy executives, according to federal prosecutors.

At a news conference last week, Manhattan District Attorney Alvin Bragg said the application of the terrorism law reflected the severity of a “frightening, well-planned, targeted murder that was intended to cause shock and attention and intimidation.”

“In its most basic terms, this was a killing that was intended to evoke terror,” he added.

Mangione is being held in a Brooklyn federal jail alongside several other high-profile defendants, including Sean “Diddy” Combs and Sam Bankman-Fried.

During his court appearance Monday, he smiled at times when talking with his attorneys and stretched his right hand after an officer removed his cuffs.




Workers at seven Amazon facilities went on strike Thursday, an effort by the Teamsters to pressure the e-commerce company for a labor agreement during a key shopping period.

The Teamsters say the workers, who authorized strikes in the past few days, are joining the picket line after Amazon ignored a Sunday deadline the union set for contract negotiations. Amazon says it doesn’t expect an impact on its operations during what the union calls the largest strike against the company in U.S. history.

The International Brotherhood of Teamsters say they represent nearly 10,000 workers at 10 Amazon facilities, a small portion of the 1.5 million people Amazon employs in its warehouses and corporate offices.

At one warehouse, located in New York City’s Staten Island borough, thousands of workers who voted for the Amazon Labor Union in 2022 and have since affiliated with the Teamsters. At the other facilities, employees - including many delivery drivers - have unionized with them by demonstrating majority support but without holding government-administered elections.

The strikes happening Thursday are taking place at one Amazon warehouse in San Francisco, California, and six delivery stations in southern California, New York City; Atlanta, Georgia, and Skokie, Illinois, according to the union’s announcement. Amazon workers at the other facilities are “prepared to join,” the union said.

“Amazon is pushing its workers closer to the picket line by failing to show them the respect they have earned,” Teamsters General President Sean M. O’Brien said in a statement.

The Seattle-based online retailer has been seeking to re-do the election that led to the union victory at the warehouse on Staten Island, which the Teamsters now represent. In the process, the company has filed a lawsuit challenging the constitutionality of the National Labor Relations Board.


Top Tier Legal Web Redesign by Law Promo

© LLP News. All Rights Reserved.

The content contained on the web site has been prepared by Breaking Legal News.
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.