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First Amendment Conflicts in Immigration Law: When Speech Becomes Evidence and Advocacy Becomes Risk

First Amendment rights of non-citizens in immigration enforcement, examining constitutional protections, agency authority, and recent federal litigation.

2025-11-19 13:00:00

Program Details

2025-11-19 13:00:00

Program Details

2025-11-19 13:00:00

Over 1,000+ webinars

2025-11-19 13:00:00

Course Overview

Navigating First Amendment Conflicts in Immigration Enforcement

2025-11-19 13:00:00

Practitioners will learn how constitutional speech protections apply differently to non-citizens at various stages of immigration status. Essential strategies for counseling clients facing speech-based national security scrutiny are emphasized.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Constitutional Foundations
Non-citizen First Amendment rights vary based on physical presence and connection to the U.S.
02
Agency Authority
State Department, CBP, and USCIS each apply national security frameworks differently.
03
Statutory Framework
INA provisions establish terrorism-related inadmissibility and deportability grounds implicating speech.
04
Federal Litigation
Recent cases challenge viewpoint discrimination in visa revocations and deportation proceedings.
05
Enforcement Tools
Social media vetting and CARRP screening increasingly flag speech as national security concerns.
06
Practical Guidance
Assume all online activity is discoverable and counsel clients on complete disclosure.

Program schedule

clock 1:00 pm - 2:00 pm EST

First Amendment Rights of Noncitizens in Immigration Law

This session explores the constitutional foundations of First Amendment protections for non-citizens, tracing doctrinal development from early exclusion cases through modern precedent. Participants will examine landmark decisions including Turner v. Williams, Harisiades v. Shaughnessy, and the Brandenburg standard, while analyzing government enforcement actions and advocacy strategies for protecting expressive rights in immigration proceedings.

Thomas A. BerryThomas A. Berry
Anne RowleyAnne Rowley
Jaclyn DennisJaclyn Dennis
clock 2:10 pm - 3:10 pm EST

Navigating National Security and Speech in Immigration Practice

This session examines how federal agencies including the State Department, CBP, and USCIS apply national security frameworks to speech and association in visa adjudications and removal proceedings. Practitioners will gain practical guidance on social media vetting, the CARRP program, recent federal litigation, and counseling clients facing speech-based enforcement actions in the current policy environment.

Thomas A. BerryThomas A. Berry
Anne RowleyAnne Rowley
Jaclyn DennisJaclyn Dennis
Thomas A. Berry

Thomas A. Berry

Cato Institute

Anne Rowley

Anne Rowley

Grossman Young & Hammond

Jaclyn Dennis

Jaclyn Dennis

Grossman Young & Hammond

Thomas A. Berry

Thomas A. Berry

Cato Institute

Thomas Berry is the director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. His areas of interest include the separation of powers, executive branch appointments, and First Amendment freedom of speech.

Education & Credentials

JD from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Fellow in the Stanford Constitutional Law Center. BA in liberal arts from St. John's College, Santa Fe.

Recognition & Leadership

His academic work has appeared in The Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Washington and Lee Law Review Online, with shorter pieces in the Notice and Comment blog, of the Yale Journal on Regulation, Lawfare, and Law and Liberty. His popular writing has appeared in The Wall Street Journal, USA Today, CNN.com, The National Law Journal, National Review, Reason, and The Hill. His work on the Vacancies Act has been cited by the US District Court for the District of Columbia.

Experience

Before joining Cato, he was an attorney at the Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the US Court of Appeals for the Fifth Circuit. He has testified on the appointments clause before a subcommittee of the US Senate.
Anne Rowley

Anne Rowley

Grossman Young & Hammond

Anne Rowley is a business immigration attorney with a particular focus on international students and early-career professionals, helping them understand and successfully complete the transition from academic study to employment in the United States. A frequent author, presenter, and media commentator on immigration law developments, she speaks with particular emphasis on employment authorization, H-1B visas, and issues affecting F-1 international students and exchange visitors, and is recognized for translating complex regulatory developments into practical guidance for employers, institutions, and individuals.

Education & Credentials

Anne earned her Bachelor of Arts and her Juris Doctor from Marquette University. She is admitted to practice in California (2017, active member), the Commonwealth of Massachusetts (2021, active member), and Wisconsin (2013, currently inactive member).

Recognition & Leadership

Anne has been recognized by Best Lawyers: Ones to Watch® in America in Immigration each year since 2023, and in 2026 she was nominated through the Build Fellowship for The Immies’ Thought Leader of the Year Award for shaping the conversation in immigration law. Within the American Immigration Lawyers Association (AILA), she has held numerous leadership roles, including chairing the American Immigration Council Essay Contest Committee and serving on multiple education and conference committees.

Professional Involvement

Anne’s recent presentations include “F-1 Student to H-1B Worker: Process and Planning in Turbulent Times” for the Student Resource Center in partnership with Interstride (February 2026), “DHS’ Termination of Automatic Extensions for EADs” as a Grossman Young & Hammond webinar (November 2025), and a published analysis of DHS’s proposed changes to the F and J student and exchange visitor rules (October 2025). Her CLE teaching includes “The Reality of Employment Authorization: EAD Strategy” for the Federal Bar Association sponsored by myLawCLE (March 2026) and “Navigating EAD Complexity: Processing Trends, Compliance, and Best Practices” for LawPracticeCLE (May 2026), and her university outreach spans recurring immigration conversations at the UC San Diego School of Global Policy and Strategy and panels at the University of Pennsylvania. She has appeared on NPR’s All Things Considered and has been quoted in Bloomberg Law and Law360. Her pro bono service includes the Transgender Law Center, Oasis Legal Services, AILA’s Military Assistance Program, VECINA, Project Citizenship, and the Venezuelan Association of Massachusetts, and she mentors first-generation and underrepresented college students through Braven.

Experience

As Counsel with Grossman Young & Hammond, Anne advises employers and foreign nationals on a broad range of employment-based immigration matters, including work authorization and evolving immigration policy. She previously practiced with the world’s largest business immigration provider in its Boston and San Diego offices, representing multinational companies across industries including financial services, retail, entertainment, heavy machinery, clean energy, communications technology and computer software, semiconductors, and athletics, and developing deep experience in corporate immigration strategy and compliance. Earlier in her career, she practiced immigration law in Wisconsin, building the national perspective that continues to inform her work.
Jaclyn Dennis

Jaclyn Dennis

Grossman Young & Hammond

Jaclyn Dennis is an attorney passionate about immigration and international law from a human rights perspective, with experience in federal and administrative litigation, rulemaking, and international arbitration.

Education & Credentials

Graduated summa cum laude from American University Washington College of Law and was awarded the Outstanding Graduate Award for high academic merit and appreciable involvement with the International Law Student Association.

Recognition & Leadership

Outstanding Graduate Award from American University Washington College of Law for high academic merit and appreciable involvement with the International Law Student Association.

Experience

Joins Grossman Young & Hammond from the US Department of Labor's Office of the Solicitor where she advised the Office of Foreign Labor Certification and Bureau of International Labor Affairs on federal and administrative litigation, rulemaking, and international arbitration. While in law school, she supported asylum seekers in proceedings before USCIS and Immigration Court as a student attorney with the International Human Rights Law Clinic and as a legal intern with a non-profit organization. Her career also includes a paralegal role with a non-profit organization serving domestic violence survivors in family law matters.
Thomas A. Berry

Thomas A. Berry

Cato Institute

Thomas Berry is the director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. His areas of interest include the separation of powers, executive branch appointments, and First Amendment freedom of speech.

Education & Credentials

JD from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Fellow in the Stanford Constitutional Law Center. BA in liberal arts from St. John's College, Santa Fe.

Recognition & Leadership

His academic work has appeared in The Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Washington and Lee Law Review Online, with shorter pieces in the Notice and Comment blog, of the Yale Journal on Regulation, Lawfare, and Law and Liberty. His popular writing has appeared in The Wall Street Journal, USA Today, CNN.com, The National Law Journal, National Review, Reason, and The Hill. His work on the Vacancies Act has been cited by the US District Court for the District of Columbia.

Experience

Before joining Cato, he was an attorney at the Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the US Court of Appeals for the Fifth Circuit. He has testified on the appointments clause before a subcommittee of the US Senate.
Anne Rowley

Anne Rowley

Grossman Young & Hammond

Anne Rowley is a business immigration attorney with a particular focus on international students and early-career professionals, helping them understand and successfully complete the transition from academic study to employment in the United States. A frequent author, presenter, and media commentator on immigration law developments, she speaks with particular emphasis on employment authorization, H-1B visas, and issues affecting F-1 international students and exchange visitors, and is recognized for translating complex regulatory developments into practical guidance for employers, institutions, and individuals.

Education & Credentials

Anne earned her Bachelor of Arts and her Juris Doctor from Marquette University. She is admitted to practice in California (2017, active member), the Commonwealth of Massachusetts (2021, active member), and Wisconsin (2013, currently inactive member).

Recognition & Leadership

Anne has been recognized by Best Lawyers: Ones to Watch® in America in Immigration each year since 2023, and in 2026 she was nominated through the Build Fellowship for The Immies’ Thought Leader of the Year Award for shaping the conversation in immigration law. Within the American Immigration Lawyers Association (AILA), she has held numerous leadership roles, including chairing the American Immigration Council Essay Contest Committee and serving on multiple education and conference committees.

Professional Involvement

Anne’s recent presentations include “F-1 Student to H-1B Worker: Process and Planning in Turbulent Times” for the Student Resource Center in partnership with Interstride (February 2026), “DHS’ Termination of Automatic Extensions for EADs” as a Grossman Young & Hammond webinar (November 2025), and a published analysis of DHS’s proposed changes to the F and J student and exchange visitor rules (October 2025). Her CLE teaching includes “The Reality of Employment Authorization: EAD Strategy” for the Federal Bar Association sponsored by myLawCLE (March 2026) and “Navigating EAD Complexity: Processing Trends, Compliance, and Best Practices” for LawPracticeCLE (May 2026), and her university outreach spans recurring immigration conversations at the UC San Diego School of Global Policy and Strategy and panels at the University of Pennsylvania. She has appeared on NPR’s All Things Considered and has been quoted in Bloomberg Law and Law360. Her pro bono service includes the Transgender Law Center, Oasis Legal Services, AILA’s Military Assistance Program, VECINA, Project Citizenship, and the Venezuelan Association of Massachusetts, and she mentors first-generation and underrepresented college students through Braven.

Experience

As Counsel with Grossman Young & Hammond, Anne advises employers and foreign nationals on a broad range of employment-based immigration matters, including work authorization and evolving immigration policy. She previously practiced with the world’s largest business immigration provider in its Boston and San Diego offices, representing multinational companies across industries including financial services, retail, entertainment, heavy machinery, clean energy, communications technology and computer software, semiconductors, and athletics, and developing deep experience in corporate immigration strategy and compliance. Earlier in her career, she practiced immigration law in Wisconsin, building the national perspective that continues to inform her work.
Jaclyn Dennis

Jaclyn Dennis

Grossman Young & Hammond

Jaclyn Dennis is an attorney passionate about immigration and international law from a human rights perspective, with experience in federal and administrative litigation, rulemaking, and international arbitration.

Education & Credentials

Graduated summa cum laude from American University Washington College of Law and was awarded the Outstanding Graduate Award for high academic merit and appreciable involvement with the International Law Student Association.

Recognition & Leadership

Outstanding Graduate Award from American University Washington College of Law for high academic merit and appreciable involvement with the International Law Student Association.

Experience

Joins Grossman Young & Hammond from the US Department of Labor's Office of the Solicitor where she advised the Office of Foreign Labor Certification and Bureau of International Labor Affairs on federal and administrative litigation, rulemaking, and international arbitration. While in law school, she supported asylum seekers in proceedings before USCIS and Immigration Court as a student attorney with the International Human Rights Law Clinic and as a legal intern with a non-profit organization. Her career also includes a paralegal role with a non-profit organization serving domestic violence survivors in family law matters.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
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Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Approved
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Pending
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs