Federal Courts/Jurisdiction
Government’s Move to Terminate Flores Agreement Could Leave Immigrant Children Unprotected
The Department of Justice asked a court to partially terminate the decades-old agreement that protects the rights of immigrant children earlier this month. The government argues that the Flores Settlement Agreement is no longer needed because a new Department of Health and Human Services regulation finalized on April… Read More
Federal Court Temporarily Blocks Key Provision of Florida’s Anti-Immigrant SB 1718
On May 22, a federal court blocked a section of a draconian anti-immigrant law passed by Govenor Ron DeSantis's government in Florida. Read More
Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive
The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s tenuous regard for stare decisis – the idea that “today’s Court should stand by yesterday’s decisions” – in Wilkinson… Read More
SCOTUS to Decide When Courts Can Review Decisions about Immigration Relief… Again
Families are complicated. Especially during the holidays, that’s something we can all agree on. But most of us can’t – or will never have to – imagine being forcibly separated from our closest relatives because an overworked immigration judge (IJ) misapplied a legal standard in deciding whether someone is entitled… Read More
Court Hears Challenge to Asylum Turnback
On October 13, the U.S. District Court for the Southern District of California will hear arguments in Al Otro Lado and Haitian Bridge Alliance v. Mayorkas, a federal lawsuit challenging the Biden administration’s unlawful policy of turning back people seeking asylum without a CBP One appointment. Read More
Newly Proposed Appellate Rule Would Overturn Trump-era Restrictions for Immigration Judges and Codify Judicial Discretion
On Thursday, the Biden administration proposed to rescind a Trump administration rule that stripped authority from immigration judges to manage their own dockets; here is our response. Read More
With Challenge to CHNV Parole Program, the ‘Right to Welcome’ Goes on Trial in Texas
The Biden administration’s humanitarian parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) went on trial last week. The trial, held in a federal court in Texas, was the result of a lawsuit filed in January 2023 (shortly after the program was expanded to Cuba, Haiti, and Nicaragua) by Texas… Read More
Law Criminalizing ‘Encouragement or Inducement’ of Immigrants to Live in the US Unlawfully Is Upheld in SCOTUS Case
Written by Kelly Chauvin, Summer 2023 Legal Intern for the American Immigration Council Last month, the U.S. Supreme Court held that a section of immigration law that forbids “encourag[ing] or induc[ing]” a non-citizen to enter or reside in the United States did not violate the U.S. Constitution’s protection of free… Read More
Legal Advocates to File Lawsuit Challenging the Constitutionality of Florida’s Anti-Immigrant Law
The Southern Poverty Law Center, American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, and American Immigration Council have announced they will file a federal lawsuit challenging Florida’s draconian Senate Bill 1718, which goes into effect, July 1. Read More
Is Chevron deference on the Supreme Court’s chopping block?
The Supreme Court has agreed to decide a case that asks the Court to overturn Chevron v. National Resources Defense Council—an influential decision that requires courts to defer to federal agencies’ reasonable interpretations of ambiguous laws. The Supreme Court’s decision to take the case about fishing… Read More
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