Supreme Court
Is Chevron deference on the Supreme Court’s chopping block?
The Supreme Court has agreed to decide a case that asks the Court to overturn Chevron v. National Resources Defense Council—an influential decision that requires courts to defer to federal agencies’ reasonable interpretations of ambiguous laws. The Supreme Court’s decision to take the case about fishing… Read More
DHS Publishes Privacy Document About ATDs and the Data They Collect – Two Decades Late
Written by Raul Pinto and Rebekah Wolf of the American Immigration Council The U.S. Department of Homeland Security (DHS) published the Privacy Impact Assessment (PIA) for U.S. Immigration and Customs Enforcement’s (ICE) implementation of Alternative to Detention Programs (ATD) on March 17. ATD programs provide noncitizens in removal… Read More
Supreme Court Pauses Oral Arguments in Title 42 Case – What’s next?
In December 2022, the Supreme Court stepped in to keep Title 42 (the pandemic health policy that has allowed the United States to carry out over 2.5 million expulsions since March 2020) in effect, after a DC court had overturned the policy. The… Read More
Immigrant Workers Who Report Labor Violations Will Be Protected Under This New Policy
Immigrant workers who are the victims of labor exploitation are often faced with a difficult choice. They can either stay quiet out of fear of deportation or come forward to report coercive conduct. Looming over that choice is the possibility that the employer may retaliate by calling U.S. Immigration and… Read More
USCIS’ Funding Crisis Might Be Too Big for the Agency to Fix by Itself
On January 3, U.S. Citizenship and Immigration Services (USCIS) finally published a new proposed fee schedule for immigration benefits—which is to say, it took an important step to becoming a solvent, functional federal agency that can adjudicate applications in a timely manner again. The fee rule (which will be… Read More
The Supreme Court Takes on Enforcement Priorities and Other Immigration Questions in Its 2022 – 2023 Term
The Supreme Court will tackle more hot button immigration issues in its 2022 – 2023 term. Front and center is the Biden administration’s effort to set immigration enforcement priorities. But the Court will also consider what a noncitizen must do to get federal court review of immigration court decisions. It… Read More
Judge Strikes Down Title 42 Policy: A Long Overdue Step Toward Rebuilding the US Asylum System
Judge Emmet G. Sullivan issued a decision vacating and ending Title 42, more than two and a half years after the purported public health policy went into effect. Read More
Study Finds that Reducing Refugee Admissions and Access to Asylum Harms the US Economy
The number of refugees and asylum seekers fleeing violence or persecution in their home countries in search of safety abroad has grown dramatically over the past decade. Until recently, the United States was a global leader in admitting refugees and granting asylum to people whose lives are in danger. But… Read More
Updated ICE Directive Fails to Deliver Meaningful Protections for Immigrant Families
U.S. Immigration and Customs Enforcement (ICE) recently announced a new directive aimed at preserving family unity and the parental rights of noncitizens. The directive, “Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults,” went into effect on July 14. Though media outlets have lauded the… Read More
Immigrant Rights Look Very Different After the Latest Supreme Court Term
Recent decisions by the Supreme Court have roiled the immigrant rights community. Though many decisions weren’t surprising given the conservative majority on the Court, the decisions touch on a wide range of issues—from federal court review of detention to agency accountability for misconduct at the border. Some of the Court’s… Read More
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