North America: Government, Public Sector

A federal court in New York struck down a U.S. Department of Education policy requiring American Indian students born in Canada to obtain immigration documents before receiving federal student aid. The decision affirms that Jay Treaty students cannot be subjected to additional documentation requirements not authorized by Congress, marking a significant victory for the Saint Regis Mohawk Tribe and Indigenous students nationwide.

Many First Nations have recently settled their agricultural benefits claim or are in the process of negotiating a settlement right now. How can they protect their settlement monies and ensure they benefit their communities for generations to come? One of the ways they can do this is to create a trust.

Sturgeon Lake Cree Nation is seeking judicial review (on the basis of lack of consultation) of a water licence required for early development of an AI data centre in northwest Alberta proposed by O’Leary Digital Limited. O’Leary Digital Limited applied to strike Sturgeon Lake Cree Nation’s claim, but the Alberta Court of King’s Bench dismissed O’Leary Digital Limited’s application to strike.

Senegal and Mexico share strong diplomatic ties, but the real opportunity lies in transforming this relationship into tangible business ventures. Mexico's open investment regime, access to 130 million consumers, and strategic position as a gateway to North American markets present compelling opportunities for Senegalese companies in agribusiness, manufacturing, telecommunications, and logistics to expand their operations across the Americas.

The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently released its Annual Report to Congress, covering calendar year (CY) 2025 activity. The Report, a statutory requirement, provides annual statistics about CFIUS actions and processes as well as information on the Committee’s priorities. Although three lapses in appropriations caused CFIUS to toll deadlines for more than 120 days over the reporting period, the Committee generally proved able to clear transactions within historic averages, even in the face of increased caseloads.

Mexico's President Claudia Sheinbaum has signed an initiative to reform the Foreign Investment Law, introducing for the first time a formal foreign investment review regime based on national security considerations. The proposal would require prior authorization from the National Foreign Investment Commission for certain acquisitions exceeding 49% ownership in strategic sectors including critical infrastructure, dual-use technologies, fundamental supplies, and sensitive information.

The New Jersey Supreme Court will review key provisions of the state's Environmental Justice Rules, including their application to facilities in unpopulated areas adjacent to overburdened communities, the classification of existing facilities as "new," and the validity of stricter air pollution control standards. The case could reshape environmental permitting requirements and determine whether long-operating businesses face permit denial or merely additional conditions.

A federal judge has invalidated the U.S. Department of State's nationality-based policy suspending immigrant visa issuance for nationals of 75 countries. The ruling in CLINIC v. Rubio requires the government to return to individualized adjudication under U.S. immigration law, though it does not eliminate existing travel restrictions or guarantee visa issuance.

Federal courts continue to address important questions surrounding immigration detention and the constitutional rights of individuals facing removal proceedings, questions that have taken on new urgency as several federal appellate courts have recently expanded the government’s authority to mandatorily detain certain noncitizens without a bond hearing.

Seven federal agencies have rescinded their February 2022 Interagency Statement on special purpose credit programs under the Equal Credit Opportunity Act. This action follows the CFPB's April 2026 amendments to Regulation B that significantly restricted for-profit entities' ability to offer SPCPs using certain demographic factors as eligibility criteria.

The Trump administration's bilateral trade deals promised $9.49 trillion in foreign direct investment, but a detailed analysis reveals only $4.12 trillion qualifies as US-directed investment language...

Mexico has experienced significant transformation following initiatives undertaken by the Mexican Federal Government during the last two presidential administrations. Through a combination of social programmes and legal and policy reforms, the living conditions of millions have improved. This has occurred without a significant increase in public debt and with federal tax rates remaining largely unchanged.