Federal Courts/Jurisdiction

Massachusetts’ Highest Court Declares Immigration Detainers Are Unenforceable

Massachusetts’ Highest Court Declares Immigration Detainers Are Unenforceable

The Massachusetts Supreme Judicial Court issued a unanimous decision on Monday holding that Massachusetts court officers may not arrest and detain immigrants based solely on a detainer. Although other courts have struck down detainers on the grounds that they violate the Constitution, the Supreme Judicial Court concluded that law enforcement officials have no authority under […]

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Hawaii Judge Rules That Grandparents and Other Close Relatives Are Excluded from the Travel Ban

Hawaii Judge Rules That Grandparents and Other Close Relatives Are Excluded from the Travel Ban

This story was updated on July 19, 2017. U.S. District Judge Derrick Watson ruled last week that “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States,” as well as refugees connected to resettlement agencies should be exempt from the Trump administration’s travel ban. This ruling came as a […]

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Supreme Court Limits Power to Revoke Naturalized Person’s Citizenship

Written by on July 13, 2017 in Federal Courts/Jurisdiction with 0 Comments
Supreme Court Limits Power to Revoke Naturalized Person’s Citizenship

The Supreme Court recently rejected the government’s extreme argument that any false statement given during a naturalization exam—even a misstatement that had no impact on the naturalization decision—could later be a basis for stripping the person of their citizenship. In Maslenjak v. United States, the government’s interpretation of the law was so narrow that it […]

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Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0 decision, authored by Judge Reinhardt on Wednesday, came in a case involving the 1997 Flores settlement which requires the government to comply with […]

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Who Will and Won’t Be Impacted by the Travel Ban After the Supreme Court’s Decision

Who Will and Won’t Be Impacted by the Travel Ban After the Supreme Court’s Decision

The Supreme Court has decided to hear the Travel Ban case when its fall session begins in October 2017. In the meantime, the Court will allow the administration to implement parts of President Trump’s second executive order (EO-2), which bans the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from the United […]

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Supreme Court Sends a ‘Dangerous Message’ by Not Finding Bush Officials Liable in Post-9/11 Abuse Case

Written by on June 21, 2017 in Abuses, Detention, Federal Courts/Jurisdiction with 0 Comments
Supreme Court Sends a ‘Dangerous Message’ by Not Finding Bush Officials Liable in Post-9/11 Abuse Case

A bare majority of the Supreme Court ruled on Monday that six former immigrants of Arab or South Asian descent—all but one of whom are Muslim—cannot sue high-level U.S. officials over policies that authorized punitive detention conditions in the wake of September 11, 2001. The six plaintiffs in Zigler v. Abbasi were swept up in […]

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“Immigration, Even for the President, Is Not a One-Person Show”: The Ninth Circuit Rejects Trump’s Travel Ban

“Immigration, Even for the President, Is Not a One-Person Show”: The Ninth Circuit Rejects Trump’s Travel Ban

Barely three weeks after the Fourth Circuit ruled that President Trump’s travel ban “drips with religious intolerance, animus, and discrimination” and thus violated the First Amendment by discriminating against Muslims, the Ninth Circuit ruled that the travel ban also violated the Immigration and Nationality Act (INA). In upholding a Hawaii federal district court decision that […]

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President’s Tweets Dim His Prospects for Supreme Court Review of The Travel Ban Case

President’s Tweets Dim His Prospects for Supreme Court Review of The Travel Ban Case

President Trump reignited discussion around his controversial travel ban through a series of early morning tweets on Monday, in a move legal experts say could ultimately cripple his administration’s chances of restoring the ban through the Supreme Court. In these tweets, the president blew a giant hole in his legal case when he insisted that his […]

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Circuit Judge Says “Even the Good Hombres Are Not Safe”

Circuit Judge Says “Even the Good Hombres Are Not Safe”

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is exercising in deportation decisions. Judge Stephen Reinhardt, in a concurrence, concluded that instead of focusing on the “bad hombres,” the administration’s immigration policies allow immigration […]

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Appeals Court Upholds Block on Trump’s Travel Ban

Written by on May 25, 2017 in Federal Courts/Jurisdiction, News Flash with 0 Comments
Appeals Court Upholds Block on Trump’s Travel Ban

In a sweeping decision issued Thursday, the Court of Appeals for the Fourth Circuit upheld a nationwide preliminary injunction against President Trump’s second Executive Order, which restricts nationals of six Muslim-majority countries from being issued visas and entering the United States. In the case International Refugee Assistance Project (IRAP) v. Trump, an overwhelming majority of […]

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