Supreme Court
Supreme Court Decision Sparks Confusion, Creates New Hurdles for Federal Court Review of Removal Orders
The Supreme Court’s newest immigration-related decision creates a conundrum: certain noncitizens must now appeal their deportation orders before their removal proceedings are even finished. The decision, Riley v. Bondi, is sure to make it more difficult for those noncitizens—all of whom are seeking protection from persecution or torture—to get… Read More
In Birthright Citizenship Decision, the Supreme Court Expanded Trump’s Power
On the surface, the Supreme Court’s ruling in the birthright citizenship case Trump v. CASA was about the dry legal question of whether federal district courts can issue “universal” injunctions—orders constraining the government from acting against individuals beyond those who brought the lawsuit. But the impact of the Court’s decision… Read More
What Does the Supreme Court Ruling on Birthright Citizenship Mean?
The Supreme Court issued a decision in the CASA v. Trump case on Friday, handing the Trump administration a major win by limiting judges’ ability to block unlawful policies nationwide. This could open the door for conflicting rules about who is guaranteed birthright citizenship, largely dependent upon where they live. Read More
Supreme Court “De-Documents” 350,000 Venezuelans – And Keeps Everyone In The Dark About What’s Next
Here are the messages that the 350,000 Venezuelans in the U.S. who were granted Temporary Protected Status in 2023 have heard from the federal government since January: January 17: You can keep your TPS protections until fall 2026. January 28: We’re reviewing whether you can keep your TPS… Read More
The Supreme Court Cuts Off Judicial Review of USCIS Decisions Again
The Supreme Court recently cut off another path for judicial review of decisions by U.S. Citizenship and Immigration Services (USCIS) adjudicators. In Bouarfa v. Mayorkas, the Court held that a decision to revoke the prior approval of an immigrant visa petition filed by a U.S. citizen on behalf of… Read More
Immigrants May Benefit While Others Lose Out From the Supreme Court’s Decision Overruling Chevron
The Supreme Court handed a momentous victory to supporters of deregulation on June 28 in Loper Bright Enterprises v. Raimondo, discarding the long-standing doctrine known as Chevron deference. The decision will almost certainly lead to a sea-change in how federal agencies are able to do their work, with huge… Read More
Supreme Court’s Munoz Decision Disregards Fundamental Interests of U.S. Citizens Married to Noncitizens
In Department of State v. Munoz, the Supreme Court has chosen procedural concerns over the reality that errors by consular officers may bar U.S. citizens from residing in the United States with their noncitizen spouses. Consular nonreviewability is a judge-made doctrine. Courts have barred review of visa denials due… Read More
Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings
The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never provided them with a Notice to Appear (NTA) with the date and time of their immigration hearing. Under… Read More
Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive
The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s tenuous regard for stare decisis – the idea that “today’s Court should stand by yesterday’s decisions” – in Wilkinson… Read More
Biden Administration Can Remove Texas’ Razor Wire Barrier at the Border, Supreme Court Rules
Buoy barriers with chainsaw devices in the Rio Grande river. Coils of concertina wire along the riverbank. Armored Humvees blocking access roads. Piles of dirt rendering gates unusable. Governor Greg Abbott’s cruel attempts to booby trap the Texas border to prevent U.S. Border Patrol agents from reaching migrants might be… Read More
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