Federal Courts/Jurisdiction

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 […]

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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 […]

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Legal Challenges to Arizona’s SB 1070 End–For Now

Legal Challenges to Arizona’s SB 1070 End–For Now

After six years of challenges, including a trip to the Supreme Court, the legal battle over Arizona’s SB 1070 has come to an end—for now. The law faced a wave of opposition soon after going into effect in April 2010. In May 2010 civil and immigrant rights groups including the American Civil Liberties Union, the […]

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Government Admits Providing False Information to Supreme Court

Written by on August 31, 2016 in Detention, Federal Courts/Jurisdiction with 0 Comments
Government Admits Providing False Information to Supreme Court

Last week, the Department of Justice (DOJ) sent a letter to the Supreme Court alerting the Justices that it had provided the Court with incorrect information regarding how long certain noncitizens were held in detention. DOJ initially had provided this false information to the Supreme Court in 2002 for the case, Demore v Kim. The […]

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New Lawsuit Challenges Preliminary Injunction in United States v. Texas

New Lawsuit Challenges Preliminary Injunction in United States v. Texas

In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative and the launch of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The injunction effectively halted implementation of the initiatives and also rolled back […]

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Government Sued For Withholding Records on Immigration Raids

Government Sued For Withholding Records on Immigration Raids

The Department of Homeland Security (DHS) is continuing to defend the controversial “Operation Border Guardian” program that took more than 100 Central American women and children from their homes in two days of immigration raids last January. According to a lawsuit filed this week by the Southern Poverty Law Center (SPLC) and the law firm […]

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Court Rejects Government Attempt to Redact Names of Immigration Judges

Court Rejects Government Attempt to Redact Names of Immigration Judges

This summer, the District of Columbia Circuit Court of Appeals ruled in favor of the American Immigration Lawyers Association (AILA) in its lawsuit seeking the disclosure of unredacted versions of complaints filed against immigration judges. To date, the government has refused to turn over the names, locations, and genders of immigration judges against whom complaints […]

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Court Rules that Individuals Seeking Protection Must Have Bond Hearing

Written by on August 8, 2016 in Federal Courts/Jurisdiction with 0 Comments
Court Rules that Individuals Seeking Protection Must Have Bond Hearing

The Second Circuit Court of Appeals in New York issued an important decision in July recognizing certain noncitizens’ right to a bond hearing before an immigration judge. It was a victory not only for the petitioner, a Guatemalan man seeking protection in the United States, but also will likely have a far-reaching impact on thousands […]

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FOIA Documents Reveal Government Always Knew Flores Settlement Applies to All Children

FOIA Documents Reveal Government Always Knew Flores Settlement Applies to All Children

The Ninth Circuit Court of Appeals recently ruled that the 1997 settlement in Flores v. Reno—which governs the detention, treatment and release of immigrant children—covers both unaccompanied and accompanied minors. This was a direct repudiation of the position the government took while defending its family detention policies in court. The government argued that the Flores […]

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Department of Justice Seeks Rehearing in United States v. Texas

Department of Justice Seeks Rehearing in United States v. Texas

Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas.  In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth Circuit’s preliminary injunction of DAPA and expanded DACA. In this new petition, the federal government specifically asked that a full nine-Member Court hear […]

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