Federal Courts/Jurisdiction
After Justice Department Admits Mistake, Immigrant Advocates Ask Supreme Court to Fix Prior Opinion
Of the many problems with our immigration system, one of the least known—but most frustrating—is that when the government deports immigrants whose appeals are still pending, it offers little to no help returning to the United States if they ultimately prevail in court. Immigrant advocates were thus perplexed when the Justice Department filed a Supreme Court brief in 2008 claiming to have a “policy” of helping such immigrants return to the country. Now, more than three years after the brief was filed, the current administration has conceded that no such policy existed at the time—and immigrant advocates have asked the Court to modify a portion of its ruling that relied on the government’s misstatement. Read More
Supreme Court Asks Hard Questions at Oral Arguments Over Arizona SB 1070
Almost two years to the day after Arizona enacted the notorious immigration law known as SB 1070, the Supreme Court heard arguments in what could be the first of many cases over the validity of the measure. Although most critics of the law have focused on its potential for civil rights violations, the only question before the Justices was whether federal immigration laws “preempt” four provisions of SB 1070 that were blocked by lower courts. While the ultimate fate of those provisions will not be known until a ruling is announced, a few preliminary observations can be made based on the questions posed by the Justices. Read More
Five Things to Know Before the Supreme Court Hears Arguments on Arizona SB1070
In less than 48 hours, the Supreme Court will hear oral arguments in Arizona v. United States, the long-anticipated dispute over the legality of SB 1070. More than any case in recent history, the dispute raises fundamental questions about the role of states in the enforcement of federal immigration law. The Court’s decision could thus determine not only the future of SB 1070, but the fate of other state immigration laws being challenged in court and the odds of similar laws being passed around the country. While much ink has already been spilled about the case, below we’ve highlighted five important facts to remember before the argument. Read More
The Council Applauds Supreme Court Decision Rejecting Retroactive Application of Immigration Law Provision
Washington, D.C.—Yesterday morning, the Supreme Court issued an important decision, Vartelas v. Holder, No. 10-1211, rejecting the retroactive application of a provision of a law passed by Congress in 1996 that has prevented many lawful permanent residents (LPRs) from returning to the United States after a trip abroad. Citing… Read More
En Banc Court Reverses Adverse Holding, Says Immigrants Can Pursue Cases from Outside U.S.
Washington, D.C.- Today, an en banc panel of the U.S. Court of Appeals for the Tenth Circuit rejected the government’s attempt to bar noncitizens from seeking to reopen their cases from outside the United States. This is the seventh appellate court to find the “departure bar”—a regulation barring noncitizens from… Read More
LAC Urges Fifth Circuit to Permit Removal Cases to Continue from Outside the United States
Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Circuit Court of Appeals to reject the departure bar, a regulation that the Board of Immigration Appeals (BIA) interprets as barring it from reviewing cases… Read More
Lawsuits Filed Against Department of Homeland Security Seek Greater Transparency
Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) this week filed two lawsuits against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP). Read More
Federal Court Decision Protects H-1B Employees from Wrongful Arrest
Washington D.C. – A recent ruling from a federal judge in Connecticut confirmed that—as the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) argued in an amicus brief—the government may not arrest H-1B employees for whom timely-filed extension applications remain pending. The decision in… Read More
Legal Action Center Pursues Campaign to Protect Judicial Review
Washington D.C. – In a continuing effort to protect the right to judicial review and promote greater federal court oversight of immigration decisions, the American Immigration Council’s Legal Action Center (LAC) recently submitted an amicus brief in another case involving a sua sponte motion to reopen. A three-judge panel in… Read More
Legal Action Center Urges Court to Strike Down Regulation Barring Post-Departure Motions to Reopen
Washington D.C. – This week, the American Immigration Council’s Legal Action Center, joined by the American Immigration Lawyers Association, submitted an amicus brief to the Tenth Circuit Court of Appeals in Contreras-Bocanegra v. Holder, urging the court to strike down the Board of Immigration Appeals’ (BIA)… Read More
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