Courts

The Court Decision on Deferred Action Everyone Should Be Talking About

Written by on April 8, 2015 in Courts, Deferred Action, Executive Action with 9 Comments
The Court Decision on Deferred Action Everyone Should Be Talking About

Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions) unanimously dismissed a lawsuit challenging the original 2012 Deferred Action for Childhood Arrivals (DACA) program. The court held that the plaintiffs in the case–the State […]

Continue Reading

Leaders From Across U.S. Urge Court to End Injunction in Immigration Action Case

Written by on April 6, 2015 in Courts, Executive Action with 1 Comment
Leaders From Across U.S. Urge Court to End Injunction in Immigration Action Case

Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued a preliminarily injunction against the implementation of the expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Legal Permanent […]

Continue Reading

New Immigration Enforcement Policy Remains In Effect Despite Texas Lawsuit

New Immigration Enforcement Policy Remains In Effect Despite Texas Lawsuit

The political lawsuit challenging the legality of parts of President Obama’s Executive Action should fail for a variety of reasons. But the lawsuit has already succeeded in two respects. First, it won a dubious preliminary injunction from a lower court judge temporarily halting the program while the case proceeds. (Earlier this week, the Obama Administration […]

Continue Reading

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

Written by on February 25, 2015 in Supreme Court, Visas with 1 Comment
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 […]

Continue Reading

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, […]

Continue Reading

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 […]

Continue Reading

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

Written by on February 17, 2015 in Courts, Executive Action with 6 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 […]

Continue Reading

Unrepresented Children Still Being Fast-Tracked Through Immigration Hearings

Written by on February 6, 2015 in Children, Courts, Deportation, Immigration Law with 6 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, […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

Top