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Posted by: Stacey Shrader Joslin on May 16, 2024

The entirety of Tennessee's sex offender registry law cannot be thrown out because a handful of requirements may be unconstitutional, a three-judge panel of the U.S. Court of Appeals for the 6th Circuit has ruled. According to Courthouse News, the decision vacates an injunction granted by U.S. District Judge Aleta Trauger and directs her to focus on only the requirements that do not pass constitutional muster. A class of sex offenders convicted before 1995 sued the state in 2021, arguing that recent changes to registry requirements violate their constitutional rights. The appeals panel also dismissed Gov. Bill Lee from the action, leaving Tennessee Bureau of Investigation Director David B. Rausch as the sole target of the suit.

Posted by: Stacey Shrader Joslin on May 16, 2024

The U.S. House Judiciary Committee today approved a measure asking the Department of Justice to hold Attorney General Merrick Garland in contempt of Congress. The party line vote moves the measure to the House Oversight Committee, which is expected to vote this evening, The Hill reports. The committees are seeking access to audio recordings of President Joe Biden’s interview with special counsel Robert Hur. While they already have transcripts of the proceeding, Republican members argue that the audio recordings could be more revealing. The Biden administration recently claimed executive privilege over the recordings, making it unlikely the department would pursue charges of criminal contempt even if the measure passed the full Congress.

Posted by: Stacey Shrader Joslin on May 16, 2024

The U.S. Supreme Court has upheld the Consumer Financial Protection Bureau's (CFPB) funding mechanism, siding with the Biden administration against the payday loan industry. The 7-2 decision, authored by Justice Clarence Thomas, reversed a lower court's ruling that the CFPB's funding design violated a provision of the U.S. Constitution called the "appropriations clause," which gives Congress the power of the purse. The agency draws money annually from the Federal Reserve instead of from budgets passed by lawmakers, SCOTUSblog reports.

Posted by: Stacey Shrader Joslin on May 16, 2024

The TBA’s Court Square Series will be in Cookeville on the afternoon of May 30. The program will include an ethics update with Beverly Sharpe with the Board of Professional Responsibility; a legislative update with Nathan Ridley; and a judicial panel with Circuit Court Judge William Ridley from Crossville, Circuit Court Judge Caroline Knight from Cookeville and Chancellor Ronald Thurman from Cookeville.

Posted by: Liz Slagle Todaro & Brooke Leeton on May 16, 2024

Make plans now to join colleagues from across the state at the TBA’s 2024 Annual Convention, set for June 12-15, at the Peabody Hotel in Memphis. In addition to CLE and leadership meetings, there are multiple social and networking events on the agenda. On Wednesday evening, a welcome reception is followed by casual dine-around for all attendees. Thursday begins with the Public Service Breakfast and law school breakfasts, and wraps up with a Tennessee Legal Community Reception open to all and joint bench & bar event featuring Memphis-based band "Soul Shockers." All of these events are included with full registration. Individual tickets for the Tennessee Legal Community Reception are available now, and other individual tickets will be available for purchase soon.

Posted by: Stacey Shrader Joslin on May 16, 2024

Gov. Bill Lee signed HB2124/SB2576 into law last month. The bill, which takes effect July 1, requires local police to work with ICE whenever an undocumented person is detained. While the bill’s proponents have argued that Tennessee law enforcement agencies should assist more in immigration enforcement, immigrant advocates have warned that the bill is broad and confusing and could embolden rogue officers to target immigrant families. The Associated Press reported on the measure.

Posted by: Jamie Rhode on May 16, 2024

U.S. Citizenship and Immigration Services (USCIS) announced yesterday the opening of the application period for the Citizenship and Integration Training Academy (CITA), a new funding opportunity under the Citizenship and Integration Grant Program. CITA, a technical assistance grant, will provide up to $2.6 million in competitive funding to public or nonprofit organizations that have not received previous grant funding from USCIS. Through this grant opportunity, USCIS will provide funding and rigorous training to enable organizations to establish new high-quality citizenship programs. USCIS expects to award up to seven organizations with a grant up to $400,000 for a period of three years. The recipients will be announced in September, and the three-year performance period for this funding opportunity will begin Oct. 1, and end Sept. 30, 2027. Read the full press release and find application information on USCIS's website.

Posted by: Jamie Rhode on May 16, 2024

Last week, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance clarifying when H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution. This guidance clarifies rather than changes policy. Generally, H-3 trainees cannot participate in training provided primarily at or by an academic or vocational institution, but this updated guidance clarifies that, if other H-3 requirements are met, training that happens to take place on the physical property of an academic or vocational institution may qualify if the training program is primarily created, offered and sponsored by a government agency or other nonacademic or nonvocational entity. A link to the USCIS Policy Manual can be found in the alert on USCIS's website.

Posted by: Jamie Rhode on May 16, 2024

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced a final rule on April 29 that strengthens the integrity of the T nonimmigrant status (T visa), which enables certain victims of human trafficking to remain in the United States for an initial period of up to four years. T visas offer protection to victims and strengthen the ability of law enforcement agencies to detect, investigate and prosecute human trafficking. This final rule clarifies T visa eligibility and application requirements and includes provisions to reduce potential barriers to victims and enable USCIS officers to adjudicate victims’ applications more efficiently. The final rule also improves the program’s integrity by clarifying the reporting and evidentiary requirements for victims of trafficking, which will better help law enforcement act on reports of trafficking. The full press release and text of the rule is available on USCIS's website.

Posted by: Laura Labenberg on May 16, 2024

A volunteer attorney mock trial coach is needed for Farragut High School in Knoxville for the 2024-2025 school year. Nick Armes, an attorney at the Legal Aid Society and mock trial coach, will be on leave. The team is also coached by Wesley Eke and is sponsored by Farragut teacher Christopher Hampton. Farragut High School sent two teams to the state competition this year and they placed third and eighth. If you are interested in working with this talented group of students, contact Nick Armes for more information.


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