Federal Courts/Jurisdiction
Supreme Court Won’t Rehear Executive Action on Immigration — What’s Next?
This week, the United States Supreme Court declined to rehear arguments in United States v Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). This means that the Fifth Circuit’s decision upholding the district court’s… Read More
Legal Challenges to Arizona’s SB 1070 End–For Now
After six years of challenges, including a trip to the Supreme Court, the legal battle over Arizona’s SB 1070 has come to an end—for now. The law faced a wave of opposition soon after going into effect in April 2010. In May 2010 civil and immigrant rights groups including the… Read More
Government Admits Providing False Information to Supreme Court
Last week, the Department of Justice (DOJ) sent a letter to the Supreme Court alerting the Justices that it had provided the Court with incorrect information regarding how long certain noncitizens were held in detention. DOJ initially had provided this false information to the Supreme Court in 2002 for… Read More
New Lawsuit Challenges Preliminary Injunction in United States v. Texas
In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative and the launch of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The injunction effectively halted implementation of… Read More
New Lawsuit Challenges Preliminary Injunction in United States v. Texas
In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative and the launch of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The injunction effectively halted implementation of… Read More
Government Sued For Withholding Records on Immigration Raids
The Department of Homeland Security (DHS) is continuing to defend the controversial “Operation Border Guardian” program that took more than 100 Central American women and children from their homes in two days of immigration raids last January. According to a lawsuit filed this week by the Southern Poverty Law… Read More
Court Rejects Government Attempt to Redact Names of Immigration Judges
This summer, the District of Columbia Circuit Court of Appeals ruled in favor of the American Immigration Lawyers Association (AILA) in its lawsuit seeking the disclosure of unredacted versions of complaints filed against immigration judges. To date, the government has refused to turn over the names, locations, and genders… Read More
Court Rules that Individuals Seeking Protection Must Have Bond Hearing
The Second Circuit Court of Appeals in New York issued an important decision in July recognizing certain noncitizens’ right to a bond hearing before an immigration judge. It was a victory not only for the petitioner, a Guatemalan man seeking protection in the United States, but also will likely… Read More
FOIA Documents Reveal Government Always Knew Flores Settlement Applies to All Children
The Ninth Circuit Court of Appeals recently ruled that the 1997 settlement in Flores v. Reno—which governs the detention, treatment and release of immigrant children—covers both unaccompanied and accompanied minors. This was a direct repudiation of the position the government took while defending its family detention policies in… Read More
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