Constitution

House Limits Administrative Action Instead of Acting on Immigration Reform

House Limits Administrative Action Instead of Acting on Immigration Reform

Work on existing bills that lay out legislative options to fix the nation’s immigration system is languishing in the House while its members focus on legislation that rolls back the president’s power to help immigrants caught in the broken system. Following up on Wednesday’s vote to approve the ENFORCE Act (HR 4138), the House on […]

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House Passes ENFORCE Act

House Passes ENFORCE Act

The House of Representatives today passed HR 4138, the ENFORCE Act, by a vote of 233 to 181. This bill would give either chamber of Congress standing to bring a civil action in U.S. district court alleging that “President, the head of any department or agency of the United States, or any other officer or […]

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New Legal Analysis Shows State Compliance with ICE Detainers May Violate the Constitution

New Legal Analysis Shows State Compliance with ICE Detainers May Violate the Constitution

Chicago, New York, and San Francisco now prevent local jails from honoring immigration detainers—requests from federal immigration officials for state and local jails to hold a person so that Immigration and Customs Enforcement (ICE) agents can investigate the person’s immigration status—unless an arrestee has been charged with or convicted of certain criminal offenses. And California’s […]

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Will New USCIS Memos Confuse House Judiciary Committee Again?

Will New USCIS Memos Confuse House Judiciary Committee Again?

One of the significant lessons of 2013 is that good immigration policy matters to the American public.  It’s unfortunate, then, that the House Judiciary Committee is choosing to end its year focusing not on immigration reform, but on how best to take the President to task for making use of executive authority.

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Supreme Court Strikes Down DOMA, Affirms Immigration Rights of Gay and Lesbian Couples

Supreme Court Strikes Down DOMA, Affirms Immigration Rights of Gay and Lesbian Couples

Today, the Supreme Court issued its decision in the case United States v. Windsor, striking down section 3 of the Defense of Marriage Act, or DOMA, on the basis that it violated equal protection under the due process clause of the 5th Amendment. DOMA established an exclusively heterosexual definition of “marriage,” and denied same-sex couples […]

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Procedural Path Of The Senate Immigration Bill

Procedural Path Of The Senate Immigration Bill

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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Immigration Reform is an LGBT Issue

Written by on March 26, 2013 in Constitution, Courts, DOMA, Immigration Law, Reform, Supreme Court with 0 Comments
Immigration Reform is an LGBT Issue

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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How the Supreme Court Decision on DOMA Will Impact Immigration Law

Written by on March 26, 2013 in Constitution, Courts, DOMA, Immigration Law, Supreme Court with 0 Comments
How the Supreme Court Decision on DOMA Will Impact Immigration Law

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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Hearing and Report Highlight Lack of Due Process in Immigration System

Hearing and Report Highlight Lack of Due Process in Immigration System

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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Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit

Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit

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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