Federal Courts/Jurisdiction

Five Important Points Made by the Court That Rejected the Muslim Ban

Five Important Points Made by the Court That Rejected the Muslim Ban

The Ninth Circuit Court of Appeals sent some strong messages to the President: he cannot shield himself from court review by claiming “national security;” he may only set policies that are consistent with our Constitution; and key parts of the Executive Order banning refugees and noncitizens from seven Muslim-majority countries are likely unconstitutional. In its […]

Continue Reading

Federal Appeals Court Says Muslim Ban Stays on Hold

Federal Appeals Court Says Muslim Ban Stays on Hold

The Ninth Circuit Court of Appeals denied the federal government’s emergency request to lift the temporary restraining order halting the implementation of President Trump’s travel ban.  The Court rejected the government’s attempt to shield the Executive Order behind national security, explaining that doing so “runs contrary to the fundamental structure of our constitutional democracy.” This decision affirms […]

Continue Reading

Supreme Court Weighs Challenge to Vague Grounds of Deportation

Written by on January 19, 2017 in Federal Courts/Jurisdiction with 0 Comments
Supreme Court Weighs Challenge to Vague Grounds of Deportation

Determining when an immigrant who has been convicted of a crime can be deported is a feat that has been described by federal judges as “far from clear,” “dizzying,” and “labyrinthine.” There is no doubt that the intersection of criminal and immigration law is complex, but how vague can a statute be before it is […]

Continue Reading

California District Court Says Immigrants Ability to Pay Should Influence Bond Decisions

California District Court Says Immigrants Ability to Pay Should Influence Bond Decisions

Unlike in criminal court, where those charged with a crime often hire bail bondsmen and consequently only have to pay 10 percent of the total bail amount, immigrants detained by Immigration and Customs Enforcement (ICE) often have to pay the full amount of a bond because there are very few immigration bond companies. Most of […]

Continue Reading

Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings

Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings

The Supreme Court heard arguments this week in what may be the most important immigration case on its docket this fall, Jennings v. Rodriguez. The case, which began as a class action filed in California, raises important questions about whether the government has the authority to categorically deny certain detained immigrants the right to have […]

Continue Reading

Judge Orders Border Patrol to Immediately Provide Short Term Detainees with Basic Necessities

Judge Orders Border Patrol to Immediately Provide Short Term Detainees with Basic Necessities

A federal judge ordered the Border Patrol to immediately cease its practice of refusing to provide basic amenities to people detained in Border Patrol holding cells in Tucson, Arizona. The judge cited evidence that shows that detainees are kept in freezing holding cells—often called “hieleras” or “iceboxes” —for days without any access to showers or […]

Continue Reading

Supreme Court Hears Immigration Case Asserting Discrimination Against Unmarried American Fathers

Written by on November 17, 2016 in Federal Courts/Jurisdiction with 0 Comments
Supreme Court Hears Immigration Case Asserting Discrimination Against Unmarried American Fathers

Last week, the Supreme Court heard arguments in Lynch v. Morales-Santana, a case that will decide whether the U.S. Immigration and Nationality Act (INA) unlawfully favors mothers over fathers of children born out-of-wedlock when granting citizenship to their children born abroad. In determining whether a U.S. citizen parent may transfer his or her citizenship to […]

Continue Reading

Immigration Groups File Briefs Calling For End to Detention Without Bond

Immigration Groups File Briefs Calling For End to Detention Without Bond

Although the U.S. Constitution provides citizens and noncitizens the right to seek bail after an arrest, immigration detention is different. Certain noncitizens who are arrested by immigration authorities may be detained for months on end, while awaiting hearings that will determine whether they can remain in the United States. Many of these noncitizens are legal […]

Continue Reading

Federal Court Strikes Down Immigration Detainers

Federal Court Strikes Down Immigration Detainers

In a decision late last week, the federal district court in the Northern District of Illinois invalidated the practice of issuing immigration detainers by U.S. Immigration and Customs Enforcement (ICE). The court found that detainers violate federal law because they exceed the government’s warrantless arrest authority and made it clear that federal immigration authorities will […]

Continue Reading

Supreme Court Won’t Rehear Executive Action on Immigration — What’s Next?

Supreme Court Won’t Rehear Executive Action on Immigration — What’s Next?

This week, the United States Supreme Court declined to rehear arguments in United States v Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). This means that the Fifth Circuit’s decision upholding the district court’s preliminary injunction against these initiatives remains […]

Continue Reading

Top