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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 seasoned immigration attorney whose practice sits at the intersection of corporate immigration strategy and individual advocacy. With over a decade of experience counseling both employers and foreign nationals across a wide range of immigrant and nonimmigrant matters, Anne brings a nuanced, client-centered approach to one of the most rapidly evolving areas of law. Her work spans some of the most dynamic industries in the American economy — from financial services and clean energy to semiconductors, entertainment, and athletics — making her a trusted advisor to organizations navigating complex, high-stakes workforce authorization challenges.

Education & Credentials

Anne earned both her Bachelor of Arts and her Juris Doctor from Marquette University. She is an active member of the State Bar of California, admitted in April 2017, and the Commonwealth of Massachusetts Bar, admitted in November 2021. She also holds an inactive membership with the Wisconsin State Bar, where she was admitted in May 2013. Anne is a member of the American Immigration Lawyers Association (AILA).

Recognition & Leadership

Anne has been recognized by Best Lawyers: Ones to Watch® in America consecutively from 2023 through 2026 — an honor reserved for attorneys in earlier career stages who demonstrate outstanding professional excellence. This sustained recognition reflects not only her technical proficiency but also her growing reputation as a rising leader in the immigration law community. Anne is guided by the conviction that defending the Constitution and the rule of law is not merely a privilege, but a professional right and responsibility.

Professional Involvement

Anne is deeply committed to pro bono service and community engagement. She provides pro bono legal representation through the American Immigration Lawyers Association's Military Assistance Program (MAP), assisting active duty and recently retired members of the U.S. military with immigration matters. She has also served as a pro bono attorney for Oasis Legal Services, the Transgender Law Center, VECINA, Project Citizenship, and the Venezuelan Association of Massachusetts. Her pro bono work has encompassed disability waivers for naturalization applications, Temporary Protected Status filings, provisional unlawful presence waivers, asylum proceedings, and Special Immigrant Juvenile matters. Beyond direct representation, Anne contributes actively to thought leadership through publications, speaking engagements, and mentorship. She is a frequent speaker at universities — including multiple appearances at UC San Diego's School of Global Policy and Strategy — and regularly engages international students and learners at all education levels on immigration law and its broader community impact.

Experience

Prior to joining Grossman Young & Hammond, Anne built her practice across three distinct institutional environments: the world's largest business immigration provider, where she worked in both the Boston and San Diego offices; a boutique immigration firm specializing in employment-based matters; and the in-house immigration department of a Fortune 500 company. This breadth of experience — spanning Big Law, boutique practice, and corporate environments — gives Anne an unusually well-rounded perspective on the operational, strategic, and legal dimensions of employment-based immigration. At GYH, Anne counsels a diverse roster of corporate and individual clients on nonimmigrant and immigrant visa categories, with particular depth in employment authorization, adjustment of status, naturalization, and Temporary Protected Status. She has emerged as a recognized voice on evolving USCIS and DHS policy, including the end of automatic EAD extensions and heightened worksite enforcement trends. Her publications and CLE presentations reflect a practitioner who stays ahead of regulatory change and translates complex policy shifts into actionable guidance for employers and their counsel.
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 seasoned immigration attorney whose practice sits at the intersection of corporate immigration strategy and individual advocacy. With over a decade of experience counseling both employers and foreign nationals across a wide range of immigrant and nonimmigrant matters, Anne brings a nuanced, client-centered approach to one of the most rapidly evolving areas of law. Her work spans some of the most dynamic industries in the American economy — from financial services and clean energy to semiconductors, entertainment, and athletics — making her a trusted advisor to organizations navigating complex, high-stakes workforce authorization challenges.

Education & Credentials

Anne earned both her Bachelor of Arts and her Juris Doctor from Marquette University. She is an active member of the State Bar of California, admitted in April 2017, and the Commonwealth of Massachusetts Bar, admitted in November 2021. She also holds an inactive membership with the Wisconsin State Bar, where she was admitted in May 2013. Anne is a member of the American Immigration Lawyers Association (AILA).

Recognition & Leadership

Anne has been recognized by Best Lawyers: Ones to Watch® in America consecutively from 2023 through 2026 — an honor reserved for attorneys in earlier career stages who demonstrate outstanding professional excellence. This sustained recognition reflects not only her technical proficiency but also her growing reputation as a rising leader in the immigration law community. Anne is guided by the conviction that defending the Constitution and the rule of law is not merely a privilege, but a professional right and responsibility.

Professional Involvement

Anne is deeply committed to pro bono service and community engagement. She provides pro bono legal representation through the American Immigration Lawyers Association's Military Assistance Program (MAP), assisting active duty and recently retired members of the U.S. military with immigration matters. She has also served as a pro bono attorney for Oasis Legal Services, the Transgender Law Center, VECINA, Project Citizenship, and the Venezuelan Association of Massachusetts. Her pro bono work has encompassed disability waivers for naturalization applications, Temporary Protected Status filings, provisional unlawful presence waivers, asylum proceedings, and Special Immigrant Juvenile matters. Beyond direct representation, Anne contributes actively to thought leadership through publications, speaking engagements, and mentorship. She is a frequent speaker at universities — including multiple appearances at UC San Diego's School of Global Policy and Strategy — and regularly engages international students and learners at all education levels on immigration law and its broader community impact.

Experience

Prior to joining Grossman Young & Hammond, Anne built her practice across three distinct institutional environments: the world's largest business immigration provider, where she worked in both the Boston and San Diego offices; a boutique immigration firm specializing in employment-based matters; and the in-house immigration department of a Fortune 500 company. This breadth of experience — spanning Big Law, boutique practice, and corporate environments — gives Anne an unusually well-rounded perspective on the operational, strategic, and legal dimensions of employment-based immigration. At GYH, Anne counsels a diverse roster of corporate and individual clients on nonimmigrant and immigrant visa categories, with particular depth in employment authorization, adjustment of status, naturalization, and Temporary Protected Status. She has emerged as a recognized voice on evolving USCIS and DHS policy, including the end of automatic EAD extensions and heightened worksite enforcement trends. Her publications and CLE presentations reflect a practitioner who stays ahead of regulatory change and translates complex policy shifts into actionable guidance for employers and their counsel.
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
DC2.0
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
NJ2.4
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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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