Federal Courts/Jurisdiction
DACA Is Facing a Crisis That the Senate Can No Longer Ignore
Written by Jorge Loweree and Raul Pinto of the American Immigration Council More than a decade after the U.S. Department of Homeland Security (DHS) first created the Deferred Action for Childhood Arrivals (DACA) program to shield certain undocumented youth from deportation, it remains the subject of ongoing litigation. This has… Read More
Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation
This Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. Read More
Victory as Groups Settle Lawsuit on Unlawful Detention of Unaccompanied Youth
A federal court approved a settlement agreement in a lawsuit challenging the unlawful detention of unaccompanied children who turn 18 in U.S. government custody and are transferred to Immigration and Customs Enforcement detention facilities. Read More
Supreme Court Permits Biden to Terminate ‘Remain in Mexico’ Program
Almost a year after the Supreme Court allowed a federal judge in Texas to order the Biden administration to restart the so-called “Migrant Protection Protocols” (MPP), the Supreme Court ruled in the Biden administration’s favor on June 30. The decision will not only permit President Biden to finally end… Read More
U.S. Supreme Court Allows Biden Administration to End MPP
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings. Read More
The Supreme Court Overturning Roe v. Wade Could Have Harmful Ripple Effects for Immigrants
Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health, which is poised to overturn Roe v. Wade, could have damaging effects to immigrant rights secured through the courts. The draft opinion—published last week in an unprecedented leak—is based in a legal concept known as “originalism,” which looks… Read More
Amicus Brief Argues that Exclusionary Rule in Criminal Proceedings Should Apply to Evidence Related to Identity in Prosecutions for Illegal Reentry
In the amicus brief filed with the Third Circuit Court of Appeals, the Council argues that the exclusionary rule in criminal proceedings should apply to evidence related to identity, because it is an essential deterrent to ICE’s widespread racially discriminatory enforcement practices. Read More
How Would Biden’s Supreme Court Nominee Handle Immigration Cases?
President Biden has nominated Judge Ketanji Brown Jackson to replace retiring Justice Stephen Breyer on the United States Supreme Court. With nearly a decade as a federal judge, Judge Jackson’s record may provide some clues about how she would handle immigration cases as a Supreme Court Justice. Immigration law… Read More
Immigration Lawsuits and the APA: The Basics of a District Court Action
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. Read More
Seeking Information About Board of Immigration Appeals’ Treatment of Motions to Reconsider
This Freedom of Information Act (FOIA) request was filed to learn more about trends in the Board of Immigration Appeal’s treatment of motions to reconsider orders of removal. Read More
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