Federal Courts/Jurisdiction
In Arizona Case, Supreme Court Affirms Legality of Prosecutorial Discretion
The Supreme Court dealt a blow to the restrictionist movement on Monday by striking down three provisions of Arizona SB 1070 and leaving a fourth vulnerable to future challenge. But in a lesser noticed development, the Court also undercut the arguments of critics who contend the President violated the Constitution by recently directing his administration not to deport otherwise removable immigrants who were brought to the country as children. As the majority opinion confirmed—and not even Justice Scalia denied—the President’s authority to set enforcement priorities is a valid and important aspect of the immigration system. Read More
DHS Rescinds Part of Controversial 287(g) Program in Arizona
The Obama administration suspended part of its controversial 287(g) program in Arizona this week following the Supreme Court’s ruling in Arizona v. United States. DHS announced that it was ending its “287(g) task force agreements” in Arizona —agreements which deputize certain local police to enforce immigration laws. Other state immigration programs, however, like Secure Communities and the 287(g) jail agreements (which allow deputized arresting officers to enforce immigration laws in jails), will remain in effect. Read More
Does the Supreme Court Think Most Immigrants are Criminals?
Even as the Supreme Court struck down three provisions of Arizona’s anti-immigrant law (SB 1070), the Justices appeared to embrace a major falsehood of nativist ideology: that immigrants are more likely to be criminals than the native-born. On page six of the majority opinion, the Court maintains that unauthorized immigrants are “reported to be responsible for a disproportionate share of serious crime” in Arizona’s Maricopa County. The source cited for this bold statement is a 2009 report from the Center for Immigration Studies (CIS)—a deeply flawed report which attempts to overturn a century’s worth of research demonstrating that immigrants are less likely than the native-born to commit violent crimes or end up behind bars. Read More
Supreme Court Issues Mixed Decision on Arizona SB 1070
The Supreme Court issued a mixed ruling on Monday in the Obama administration’s challenge to Arizona SB 1070. By a 5-3 margin, the Justices upheld the injunction against provisions of the law that authorize police to arrest immigrants suspected of committing removable offenses (Section 6), and that impose penalties under state law for immigrants who fail to carry “registration” papers (Section 3) or attempt to work without federal authorization (Section 5). Although the Court allowed the implementation of the provision of SB 1070 requiring police to determine the immigration status of people in custody “reasonable suspicion” exists that they are in the country unlawfully (Section 2(B)), it left open the door to future legal challenges. Read More
After 30 Years, Plyler v. Doe Decision Survives but Remains Under Attack
Thirty years ago today, the Supreme Court issued its landmark decision in Plyler v. Doe, holding that states cannot deny a free public education to students for lack of valid immigration status. The decision has since opened the schoolhouse doors to untold numbers of children who might otherwise be deprived of a basic education. Yet today, the decision remains under continued attack from critics who—as part of an ongoing effort to put the issue back before the Justices—appear willing to sacrifice the welfare of U.S. citizens. Read More
After 30 Years, Plyler v. Doe Decision Survives but Remains Under Attack
Thirty years ago today, the Supreme Court issued its landmark decision in Plyler v. Doe, holding that states cannot deny a free public education to students for lack of valid immigration status. The decision has since opened the schoolhouse doors to untold numbers of children who might otherwise be deprived of a basic education. Yet today, the decision remains under continued attack from critics who—as part of an ongoing effort to put the issue back before the Justices—appear willing to sacrifice the welfare of U.S. citizens. Read More
After Justice Department Admits Mistake, Immigrant Advocates Ask Supreme Court to Fix Prior Opinion
Of the many problems with our immigration system, one of the least known—but most frustrating—is that when the government deports immigrants whose appeals are still pending, it offers little to no help returning to the United States if they ultimately prevail in court. Immigrant advocates were thus perplexed when the Justice Department filed a Supreme Court brief in 2008 claiming to have a “policy” of helping such immigrants return to the country. Now, more than three years after the brief was filed, the current administration has conceded that no such policy existed at the time—and immigrant advocates have asked the Court to modify a portion of its ruling that relied on the government’s misstatement. Read More
Supreme Court Asks Hard Questions at Oral Arguments Over Arizona SB 1070
Almost two years to the day after Arizona enacted the notorious immigration law known as SB 1070, the Supreme Court heard arguments in what could be the first of many cases over the validity of the measure. Although most critics of the law have focused on its potential for civil rights violations, the only question before the Justices was whether federal immigration laws “preempt” four provisions of SB 1070 that were blocked by lower courts. While the ultimate fate of those provisions will not be known until a ruling is announced, a few preliminary observations can be made based on the questions posed by the Justices. Read More
Five Things to Know Before the Supreme Court Hears Arguments on Arizona SB1070
In less than 48 hours, the Supreme Court will hear oral arguments in Arizona v. United States, the long-anticipated dispute over the legality of SB 1070. More than any case in recent history, the dispute raises fundamental questions about the role of states in the enforcement of federal immigration law. The Court’s decision could thus determine not only the future of SB 1070, but the fate of other state immigration laws being challenged in court and the odds of similar laws being passed around the country. While much ink has already been spilled about the case, below we’ve highlighted five important facts to remember before the argument. Read More
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