Courts

Supreme Court Hears Argument on Whether Government Must Justify Its Visa Denial

Written by on February 25, 2015 in Supreme Court, Visas with 0 Comments
Supreme Court Hears Argument on Whether Government Must Justify Its Visa Denial

The U.S. Supreme Court heard oral argument Monday in a case pitting a U.S. citizen who wants to live in the United States with her foreign national spouse against the U.S. government, which is intent on preventing even a modest level of court review when an immigrant visa is denied. Regardless which side prevails, the […]

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Court Orders DHS to Stop Detaining Mothers and Children to Deter Future Immigration Flow

Written by on February 24, 2015 in Courts, Department of Homeland Security, Detention, Family with 0 Comments
Court Orders DHS to Stop Detaining Mothers and Children to Deter Future Immigration Flow

In June 2014, the Department of Homeland Security (DHS) began implementing a border security policy of detaining nearly all mothers and children fleeing violence and persecution in Central America. DHS vastly increased its detention capacity for families to “send the message unequivocally that if you come here you will be turned around.” But last Friday, […]

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Justice Department Files Emergency Stay in Decision Against President Obama’s Executive Actions

Justice Department Files Emergency Stay in Decision Against President Obama’s Executive Actions

The Justice Department on Monday filed an emergency stay asking the federal judge in Texas to lift the temporary hold (preliminary injunction) he issued on President Obama’s executive actions. Texas-based Judge Andrew Hanen issued the injunction against two of the President’s initiatives, namely, the expansion of Deferred Action for Childhood Arrivals (DACA) and Deferred Action […]

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Five Things to Know About the Texas Court Decision on Immigration Action

Written by on February 17, 2015 in Courts, Executive Action with 4 Comments
Five Things to Know About the Texas Court Decision on Immigration Action

Late last night, Judge Andrew S. Hanen, a federal district court judge, issued a decision in the lawsuit brought by Texas and 25 other states challenging President Obama’s new deferred action initiatives. In his decision, he issued a “preliminary injunction,” meaning that he temporarily blocked the implementation of the expanded Deferred Action for Childhood Arrivals […]

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Unrepresented Children Still Being Fast-Tracked Through Immigration Hearings

Written by on February 6, 2015 in Children, Courts, Deportation, Immigration Law with 5 Comments
Unrepresented Children Still Being Fast-Tracked Through Immigration Hearings

Since the government began “prioritizing” the deportation of unaccompanied children and mothers with children last summer, legal service providers and other court observers across the country have reported that immigration judges are giving children less time to find attorneys before moving forward in their cases. Now, children without attorneys are being forced to explain why, […]

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Why Are Immigration Court Hearings Being Set Into 2019?

Written by on February 3, 2015 in Backlogs, Border, Courts with 0 Comments
Why Are Immigration Court Hearings Being Set Into 2019?

The immigration court system in the United States is being stretched to the breaking point. Immigration courts have long been expected to do more and more work without the additional funding or personnel needed to do the job effectively. But now, the courts are struggling to handle newer cases involving Central American children and families […]

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When is Possession of a Sock a Deportable Offense?

Written by on January 22, 2015 in Deportation, Supreme Court with 0 Comments
When is Possession of a Sock a Deportable Offense?

Last week, the Supreme Court heard oral arguments in Mellouli v. Holder, No. 13-1034, a case that shows just how out of step immigration enforcement has become. Moones Mellouli was a conditional lawful permanent resident engaged to a U.S. citizen and resided in the U.S. for 8 years, but was ordered removed as the result […]

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U.S. Education of Foreign Students is Under Attack

U.S. Education of Foreign Students is Under Attack

Under the guise of protecting American workers, immigration restrictionists are trying again to prevent foreign students from having an opportunity to gain meaningful practical experience in the United States through a lawsuit against the Department of Homeland Security filed in March 2014 and brought, in part, by the Immigration Reform Law Institute. Currently students who […]

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Top Five Immigration Stories of 2014

Top Five Immigration Stories of 2014

This year, the narrative on immigration swung from hope that the House of Representatives would follow the Senate’s lead and act on comprehensive immigration reform legislation to hopelessness when Republican leaders refused to act. Then attention turned to anticipation of the President’s announcement of temporary executive actions to improve the nation’s immigration system. Also, over […]

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Legal Challenges to Immigration Executive Action: Long on Politics, Short on Law

Written by on December 19, 2014 in Administration, Courts with 0 Comments
Legal Challenges to Immigration Executive Action: Long on Politics, Short on Law

Within hours of President Obama’s November announcement of his executive actions on immigration, collectively referred to as the Immigration Accountability Executive Action, lawsuits challenging these new policies began. The lawsuits appear to be politicized attempts to use the courts to challenge President Obama’s authority to defer deportations, even though widespread agreement exists that the president’s […]

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