Category Archive: Supreme Court
Today the House held a hearing on H.R. 2278, the “Strengthen and Fortify Enforcement Act” (the SAFE Act), which is designed, as its name suggests, to be a lopsided, enforcement-only bill that imposes additional criminal penalties, border security, and detention and deportation, while encouraging discredited policies such as self-deportation and state interference with immigration law. …
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Permanent link to this article: http://immigrationimpact.com/2013/06/13/house-immigration-bill-promotes-old-model-immigration-solutions/
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/
Roughly 11 million unauthorized immigrants live in the United States, and their backgrounds and stories are incredibly diverse. DREAM activists helped to change the picture of the 11 million by shining light on young people affected by our broken immigration system, while grassroots movements are highlighting the stories of families. But a new report from …
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Permanent link to this article: http://immigrationimpact.com/2013/03/12/including-lgbt-immigrants-in-immigration-reform-helps-protect-vulnerable-individuals/
Categories:
Board of Immigration Appeals, Comprehensive Immigration Reform, Courts, Customs and Border Patrol, Department of Justice, Deportation, Detention, Enforcement, Police, Supreme Court, Undocumented Immigration
by Kristin Macleod-Ball
February 28, 2013
As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court …
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Permanent link to this article: http://immigrationimpact.com/2013/02/28/immigrants-deserve-basic-miranda-like-warnings-when-arrested/
Almost three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make “removal nearly an automatic result” for many noncitizens convicted of crimes. Consequently, the Court held that a criminal defense attorney must advise noncitizen clients about the risks of deportation …
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Permanent link to this article: http://immigrationimpact.com/2013/02/22/scotus-narrows-protections-for-noncitizens-who-received-poor-legal-advice/
Categories:
Administration, Alabama, Comprehensive Immigration Reform, Copy Cat Legislation, Courts, Enforcement, Immigration Law, Restrictionists, State and Local Immigration Law, Supreme Court, Undocumented Immigration
by Ben Winograd
January 17, 2013
Nearly five months ago, a federal appeals court in Atlanta issued a set of opinions that invalidated numerous provisions of Alabama HB 56, the most pernicious state immigration law in the country. After Alabama asked the full court to reconsider its rulings, the active judges unanimously rejected its request. Out of other legal options, the …
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Permanent link to this article: http://immigrationimpact.com/2013/01/17/out-of-legal-options-alabama-files-petition-at-supreme-court/
Categories:
Children, Courts, Deferred Action, Prosecutorial Discretion, Republicans, Restrictionists, SB 1070, State and Local Immigration Law, Students, Supreme Court, Undocumented Immigration
by Ben Winograd
November 29, 2012
Less than six months after it received a stinging rebuke from the Supreme Court, Arizona today was hit with another major lawsuit over its punitive immigration policies—this time challenging its practice of denying driver’s licenses to beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program. Filed in federal court in Phoenix, the class-action suit …
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Permanent link to this article: http://immigrationimpact.com/2012/11/29/arizona-faces-lawsuit-over-daca-drivers-license-policy/
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:
Board of Immigration Appeals, Crime, Department of Justice, Deportation, Enforcement, Immigration and Customs Enforcement, Immigration Law, Supreme Court, USCIS, Visas
by Ben Winograd
October 9, 2012
Tomorrow morning, the Supreme Court will hear arguments in a complicated immigration case involving how courts should determine whether a crime qualifies as an “aggravated felony.” Once the legal clutter is set aside, however, the case provides a clear example of how our nation’s immigration laws often fail to account for the most basic considerations …
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Permanent link to this article: http://immigrationimpact.com/2012/10/09/supreme-court-case-highlights-cruel-intersection-of-immigration-and-drug-laws/