Federal Courts/Jurisdiction

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 […]

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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 […]

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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 […]

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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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