Federal Courts/Jurisdiction
Supreme Court Declines to Impose New Hurdle on Immigrants Appealing their Cases
In a unanimous decision, the Supreme Court ruled last week that a transgender woman from Guatemala did not need to jump through an additional hoop—filing a new motion with the Board of Immigration Appeals (BIA)—before she could take her case to federal court to challenge her deportation order. The… Read More
Supreme Court Pauses Oral Arguments in Title 42 Case – What’s next?
In December 2022, the Supreme Court stepped in to keep Title 42 (the pandemic health policy that has allowed the United States to carry out over 2.5 million expulsions since March 2020) in effect, after a DC court had overturned the policy. The… Read More
The Supreme Court Takes on Enforcement Priorities and Other Immigration Questions in Its 2022 – 2023 Term
The Supreme Court will tackle more hot button immigration issues in its 2022 – 2023 term. Front and center is the Biden administration’s effort to set immigration enforcement priorities. But the Court will also consider what a noncitizen must do to get federal court review of immigration court decisions. It… Read More
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
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
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
Court Allows ICE to Use Enforcement Priorities Set by the Biden Administration
The Fifth Circuit Court of Appeals on Wednesday stayed a significant part of an earlier decision by the Northern District of Texas that would have blocked the implementation of the Biden administration’s immigration enforcement priorities. In doing so, the Fifth Circuit emphasized that decisions regarding whom to detain and prosecute… Read More
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