Category Archive: Supreme Court

Jun 13

House Immigration Bill Promotes Old Model Immigration Solutions

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/

Mar 26

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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Permanent link to this article: http://immigrationimpact.com/2013/03/26/immigration-reform-is-an-lgbt-issue/

Mar 26

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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Permanent link to this article: http://immigrationimpact.com/2013/03/26/how-the-supreme-court-decision-on-doma-will-impact-immigration-law/

Mar 12

Including LGBT Immigrants in Immigration Reform Helps Protect Vulnerable Individuals

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/

Feb 28

Immigrants Deserve Basic Miranda-Like Warnings When Arrested

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/

Feb 22

SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice

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/

Jan 17

Out of Legal Options, Alabama Files Petition at Supreme Court

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/

Nov 29

Arizona Faces Lawsuit over DACA Driver’s License Policy

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/

Oct 29

Supreme Court to Consider Reach of Padilla v. Kentucky

  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/

Oct 09

Supreme Court Case Highlights Cruel Intersection of Immigration and Drug Laws

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/

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