Category Archive: Constitution
The Senate immigration reform debate has officially begun. Senate Majority Leader Harry Reid (D-NV) filed cloture on the motion to proceed Thursday on S. 744, the “Border Security, Economic Opportunity, and Immigration Modernization Act,” the first step to having the full Senate debate the measure after the Senate Judiciary Committee approved it a few weeks …
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Permanent link to this article: http://immigrationimpact.com/2013/06/10/procedural-path-of-the-senate-immigration-bill/
By Victoria Neilson, Legal Director, Immigration Equality This week the U.S. Supreme Court is hearing oral arguments in two cases, Hollingsworth v. Perry and United States v. Windsor, that will forever change the course of the struggle for lesbian, gay, bisexual, and transgender (LGBT) equality. While we are hopeful that the Court will strike down …
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Permanent link to this article: http://immigrationimpact.com/2013/03/26/immigration-reform-is-an-lgbt-issue/
Family unity is one of the driving forces in our immigration system. United States citizens and lawful permanent residents can obtain immigrant visas for their spouses. Many foreign nationals who come to the United States on employment-based visas bring their spouses and children with them. And some waivers and forms of relief from removal are …
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Permanent link to this article: http://immigrationimpact.com/2013/03/26/how-the-supreme-court-decision-on-doma-will-impact-immigration-law/
Categories:
Access to Counsel, Comprehensive Immigration Reform, Congress, Constitution, Courts, Deportation, Detention, Due Process, Hearings, National Legislation, Progressives
by Beth Werlin
March 22, 2013
This week, Senator Christopher Coons of Delaware presided over a public hearing to discuss what so many of us know: the immigration courts are failing to provide a fair, efficient, and effective system of justice. Many of the concerns raised by Senator Coons, as well as some of the witnesses, during Wednesday’s Senate Judiciary Committee …
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Permanent link to this article: http://immigrationimpact.com/2013/03/22/hearing-and-report-highlight-lack-of-due-process-in-immigration-system/
Categories:
Constitution, Deferred action, Deportation, Detention, Immigration Law, Nativists, President Obama, Prosecutorial Discretion, Restrictionists, Undocumented Immigration, Visas
by Ben Winograd
January 7, 2013
Shortly after the administration began accepting applications under the Deferred Action for Childhood Arrivals (DACA) program, Kris Kobach—the author of Arizona SB 1070 and other notorious state immigration laws—filed a lawsuit on behalf of ten disgruntled immigration agents seeking to halt the program in its tracks. The lawsuit has largely been viewed as a politically …
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Permanent link to this article: http://immigrationimpact.com/2013/01/07/immigration-expert-exposes-legal-flaws-in-anti-daca-lawsuit/
Categories:
Administration, Constitution, Courts, Crime, Department of Justice, Deportation, Enforcement, Hearings, Immigration Law, Supreme Court, Undocumented Immigration
by Ben Winograd
October 29, 2012
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 …
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Permanent link to this article: http://immigrationimpact.com/2012/10/29/supreme-court-to-consider-reach-of-padilla-v-kentucky/
Categories:
Border, Constitution, Deportation, Detainers, Detention, Immigration and Customs Enforcement, Police, Restrictionists, State and Local Immigration Law, Undocumented Immigration, USCIS
by Ben Winograd
October 22, 2012
Under the Constitution, it has long been established that the government needs “probable cause” to hold an individual in custody, and that people granted bail must be released once it is paid. In a class-action lawsuit filed last Friday by numerous immigrants’ rights groups, Los Angeles County and Sheriff Lee Baca stand accused of flouting …
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Permanent link to this article: http://immigrationimpact.com/2012/10/22/los-angeles-county-faces-sweeping-suit-over-ice-detainers/
Categories:
Children, Constitution, Deportation, DREAM Act, President Obama, Prosecutorial Discretion, SB 1070, State and Local Immigration Law, Students, Supreme Court, Uncategorized, Undocumented Immigration
by Ben Winograd
June 27, 2012
The Supreme Court dealt a blow to the restrictionist movement on Monday by striking down three provisions of Arizona SB 1070 and leaving a fourth vulnerable to future challenge. But in a lesser noticed development, the Court also undercut the arguments of critics who contend the President violated the Constitution by recently directing his administration …
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Permanent link to this article: http://immigrationimpact.com/2012/06/27/in-arizona-case-supreme-court-affirms-legality-of-prosecutorial-discretion/
Categories:
Constitution, Courts, Deportation, Immigration Law, News Flash, President Obama, SB 1070, State and Local Immigration Law, Supreme Court, Uncategorized, Undocumented Immigration
by Ben Winograd
June 25, 2012
The Supreme Court issued a mixed ruling on Monday in the Obama administration’s challenge to Arizona SB 1070. By a 5-3 margin, the Justices upheld the injunction against provisions of the law that authorize police to arrest immigrants suspected of committing removable offenses (Section 6), and that impose penalties under state law for immigrants who fail to carry …
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Permanent link to this article: http://immigrationimpact.com/2012/06/25/supreme-court-issues-mixed-decision-on-arizona-sb-1070/
How can you make good policy in the absence of good information? That seems to be a question that some Republicans in the House and Senate have not asked themselves. In recent months, these lawmakers have proposed that funding for the Census Bureau’s annual American Community Survey (ACS) be cut entirely from the federal budget, …
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Permanent link to this article: http://immigrationimpact.com/2012/06/08/lawmakers-attempt-to-gut-census-by-killing-american-community-survey/