Federal Courts/Jurisdiction
Department of Justice Seeks Rehearing in United States v. Texas
Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas. In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth Circuit’s preliminary injunction of DAPA and expanded DACA. In this new petition, the federal government specifically… Read More
Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention
Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue is whether the government can keep a noncitizen who is fighting her deportation case locked up for however… Read More
Supreme Court Issues Disappointing Split Decision in United States v. Texas
The Supreme Court issued a 4-4 decision 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 preliminary injunction against these initiatives will stand. The… Read More
These Anti-Immigrant Organizations Are Behind the Effort to Derail Executive Action on Immigration
The tentacles of the modern anti-immigrant movement in the United States extend far and wide, but they emanate from a single source: John Tanton—a white nationalist trying his hardest to ensure that racial and ethnic minorities, fed by immigration and relatively high birth rates, don’t one day outnumber non-Latino… Read More
Judge Hanen Halts Order That Would Have Revealed Personal Information of DACA Recipients
Judge Hanen halts his order that would have the Department of Justice (DOJ) turn over personal information of about 50,000 individuals who have received three-year reprieves from deportation and three-year work permits under the Deferred Action for Childhood Arrivals (DACA) initiative. This original May 19, 2016 order will… Read More
Administration Seeks to Protect DACA Recipients from Judge Hanen’s Unusual Order in Immigration Case
This week, the Obama administration filed a stay motion, a request to halt Judge Hanen’s highly extraordinary order in May telling the Department of Justice (DOJ) to turn over personal information of about 50,000 or so individuals who have received three-year reprieves from deportation and three-year work permits… Read More
Texas’ Distorted View of the Legal Basis for DAPA and Expanded DACA
On April 18, the U.S. Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s deferred action initiatives, known as expanded Deferred Action for Childhood Arrivals (expanded DACA) and Deferred Action for Parents of Americans and Lawful Permanent… Read More
What Are the Next Steps at the Supreme Court in U.S. v. Texas?
The oral arguments in U.S. v. Texas are now complete and dozens of news articles and analyses have attempted to predict what the Court will decide. However, all that truly matters is the final decision rendered by the eight sitting Justices. This begs the questions of when and… Read More
Understanding Justice Kennedy’s “Upside Down” Argument in U.S. v. Texas
On April 18, the United States Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s frozen deferred action programs, known as Deferred Action for Childhood Arrivals Plus (expanded DACA) and Deferred Action for Parents of Americans and… Read More
Digesting the Argument in U.S. v. Texas: What Is Lawful Presence and Why Does It Not Mean What It Sounds Like?
The oral argument in United States v. Texas shined a light on the confusion between the term “lawful presence” and what it means to have a legal immigration status in the United States. Early in the argument, Chief Justice Roberts noted that in its brief, the United States asserted… Read More
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