Supreme Court
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
SCOTUS to Decide When Courts Can Review Decisions about Immigration Relief… Again
Families are complicated. Especially during the holidays, that’s something we can all agree on. But most of us can’t – or will never have to – imagine being forcibly separated from our closest relatives because an overworked immigration judge (IJ) misapplied a legal standard in deciding whether someone is entitled… Read More
What We Know About the Senate Negotiations That Could Wreck Asylum in the US
Members of the U.S. Senate are currently negotiating a deal to continue funding the federal government next year, as well as providing military aid to Ukraine But the cost could be the federal government’s ability to provide humanitarian protection to migrants in need. According to public reporting, Senate negotiators are… Read More
Spotlight on the Economic Contributions of TPS Holders
In September, the Biden administration extended temporary protection to some 472,000 Venezuelan migrants in the United States. Doing so provided welcome humanitarian relief—thousands of men, women, and children have fled violence and natural disasters and find themselves without a home—but it also ushered in the possibility of notable economic… Read More
Communities Celebrate Their Commitment to Welcoming and Belonging During Welcoming Week
Co-Authors: Rich André, Asma Easa, Micaela McConnell, Paloma Ramos Last week, communities across the United States participated in Welcoming America’s… Read More
New Report Uncovers CBP’s Role in Policing Racial Justice Protests in Summer 2020
Co-Authors: Emily Creighton and Tsion Gurmu In the summer of… Read More
Law Criminalizing ‘Encouragement or Inducement’ of Immigrants to Live in the US Unlawfully Is Upheld in SCOTUS Case
Written by Kelly Chauvin, Summer 2023 Legal Intern for the American Immigration Council Last month, the U.S. Supreme Court held that a section of immigration law that forbids “encourag[ing] or induc[ing]” a non-citizen to enter or reside in the United States did not violate the U.S. Constitution’s protection of free… Read More
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