Due Process and the Courts
Watchdog Report Offers Misdiagnosis of Immigration Court Backlog
With more than 325,000 cases pending at the start of October, our nation’s immigration courts are indisputably operating under a crushing backlog. The only question is whether and how it can be resolved. In a little-noticed report issued in early November, the Inspector General of the Justice Department levied a number of criticisms regarding the length of time needed to decide individual cases. Although the report makes a few valid points, its ultimate recommendations would prioritize the quantity of decisions made over the quality of decisions issued. Read More
Supreme Court to Consider Reach of Padilla v. Kentucky
In its landmark decision in Padilla v. Kentucky, the Supreme Court confirmed that criminal defense attorneys have a constitutional obligation to advise their clients if pleading guilty to a particular offense could lead to deportation. On Thursday,* the Justices will consider a follow-up question of critical importance for many immigrants placed in removal proceedings on account of bad legal advice: whether the ruling applies to cases that became final before the decision was issued. Read More
Supreme Court Case Highlights Cruel Intersection of Immigration and Drug Laws
Tomorrow morning, the Supreme Court will hear arguments in a complicated immigration case involving how courts should determine whether a crime qualifies as an “aggravated felony.” Once the legal clutter is set aside, however, the case provides a clear example of how our nation’s immigration laws often fail to account for the most basic considerations of fairness and proportionality. If the Justices rule in the government’s favor, a lawful permanent resident with two U.S. citizen children could be deported from the country—and permanently barred from returning—for possessing less than $30 worth of marijuana. Read More
Author of Torture Memos Challenges Legality of DACA
As a high-ranking Justice Department attorney after 9/11, John Yoo authored an infamous legal memo arguing that the President, as commander-in-chief of the armed forces, possessed irrevocable authority to order the torture of alleged “enemy combatants.” Although the memos were subsequently revoked, Yoo has remained an ardent defender of presidential power—except, it appears, when it comes to the exercise of prosecutorial discretion for undocumented immigrants. Read More
Why Kobach’s Lawsuit Against Deferred Action is Unlikely to Stand Up in Court
Kris Kobach’s official job title is Kansas Secretary of State. But he is better known for drafting—and being hired to defend in court—state and local immigration laws designed to make undocumented residents “self-deport.” His two most notorious undertakings are Arizona SB 1070 and Alabama HB 56, which have largely been eviscerated by federal courts. Yesterday, Kobach embarked on a new legal escapade, filing a lawsuit to block the Obama administration from granting deferred action to so-called “DREAMERers,” undocumented immigrants who arrived in the country as children. Fortunately, although sure to generate headlines, the lawsuit has little chance of standing up in court. Read More
Alabama Ruling Yet Another Rebuke to State Immigration Laws
As with the Supreme Court’s recent opinion on Arizona SB 1070, initial media coverage portrayed the (technically) mixed rulings on the Alabama and Georgia immigration laws as a split decision. But do not be fooled: yesterday’s opinions from the U.S. Court of Appeals for the Eleventh Circuit represent a sweeping win for the immigrants’ rights movement and a crushing blow to the legal crusade led by Kris Kobach. While yesterday’s victory was not unqualified, the provisions struck down by the Eleventh Circuit were far more significant than those that were upheld. Read More
BREAKING: Federal Court Strikes Down Major Provisions of Alabama, Georgia Immigration Laws
In a series of decisions issued Monday afternoon, a federal appeals court in Atlanta struck down major portions of controversial immigration laws passed by Alabama and Georgia—including a provision requiring public school officials to determine the immigration status of newly enrolling students. As the first decisions to be issued… Read More
Immigration Court Backlog Keeps Growing (and Growing, and Growing…)
Two recent reports from the Transactional Records Access Clearinghouse (TRAC) contain discouraging news about the backlog in our nation’s immigration courts. One noted that the number of pending removal proceedings has reached a record high, while the other reported that a relatively small number of cases have been closed through the exercise of prosecutorial discretion. Although the figures provide cause for concern, it remains unclear—absent additional information from the Department of Homeland Security (DHS)—whether the backlog is growing despite the effort to close low-priority cases, or actually because of it. Read More
New Injunction Sought in Challenge to Arizona SB 1070
Late Tuesday night, opponents of Arizona SB 1070 filed new papers in court seeking to block Section 2(B) from taking effect, arguing that state legislators were driven by anti-Latino bias and that the provision will inevitably result in constitutional violations. The motion, filed by civil rights groups, cited numerous previously undisclosed emails from former State Sen. Russell Pearce, the main sponsor of SB 1070, containing inflammatory comments about Mexico and unauthorized immigrants. The filing, submitted in federal district court in Phoenix, also sought an injunction against a separate provision of SB 1070 that attorneys argue is invalid under the Supreme Court’s recent decision in Arizona v. United States. Read More
Sheriff Joe Arpaio to Stand Trial on Racial Profiling Charges
Maricopa County Sheriff Joe Arpaio may finally face the music this week in a federal trial in Phoenix. The renowned anti-immigrant media glutton and self-proclaimed “America’s Toughest Sheriff” stands accused of discrimination and harassment charges in a class action lawsuit involving the ACLU and MALDEF. Arpaio has a long history of abuse and discrimination in the name of immigration enforcement—from a segregated tent city to unlawful stops and forcing inmates to wear pink underwear. In fact, Arpaio is also the subject of a lawsuit filed by the Department of Justice earlier this year alleging that Arpaio and his officers targeted Latino drivers during traffic stops and neighborhood sweeps and used ethnic slurs against Latino inmates in county jails. Read More
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