Jennings v. Rodriguez
The Department of Justice Sues California Over Its ‘Sanctuary’ Policies
A lawsuit challenging several California laws filed Tuesday is the U.S. Justice Department’s latest salvo in the ongoing policy and legal battle regarding “sanctuary” policies. The complaint, which names the State of California, California Governor Jerry Brown, and California Attorney General Xavier Becerra as defendants, claims that three… Read More
Supreme Court Finds No Right to a Bond Hearing Under Immigration Law
Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon is the U.S. Constitution. The ruling by Justice Samuel Alito in Jennings v. Rodriguez reverses a decision that had required… Read More
Homeland Security Secretary Nielsen Struggles With the Facts at Senate Oversight Hearing
Department of Homeland Security (DHS) Secretary Kirstjen Nielsen testified before the Senate Judiciary Committee this week, where she was grilled by Senators on negotiations around Deferred Action for Childhood Arrivals (DACA), rumored upcoming DHS policies, agency enforcement actions, and much more. While much of the media attention around this hearing… Read More
Supreme Court Likely to Decide Constitutionality of Immigration Detention Without Bond
When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain noncitizens for more than six months without ever giving them an opportunity for a bond hearing. Although the case… Read More
Where Do You Find the Most Resistance to Immigration?
Conventional thinking may lead some to believe that those communities that fight the hardest against immigration are the ones receiving the greatest influx of foreign newcomers. If people are wary of the changes immigrants are bringing to their communities, they would naturally seem to be the most vocal in… Read More
Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings
The Supreme Court heard arguments this week in what may be the most important immigration case on its docket this fall, Jennings v. Rodriguez. The case, which began as a class action filed in California, raises important questions about whether the government has the authority to categorically deny certain… Read More
Immigration Groups File Briefs Calling For End to Detention Without Bond
Although the U.S. Constitution provides citizens and noncitizens the right to seek bail after an arrest, immigration detention is different. Certain noncitizens who are arrested by immigration authorities may be detained for months on end, while awaiting hearings that will determine whether they can remain in the United States. Many… 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
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
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