Tag: Constitution

Supreme Court to Consider Reach of Padilla v. Kentucky

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 on […]

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Los Angeles County Faces Sweeping Suit Over ICE Detainers

Los Angeles County Faces Sweeping Suit Over ICE Detainers

Under the Constitution, it has long been established that the government needs “probable cause” to hold an individual in custody, and that people granted bail must be released once it is paid. In a class-action lawsuit filed last Friday by numerous immigrants’ rights groups, Los Angeles County and Sheriff Lee Baca stand accused of flouting […]

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In Arizona Case, Supreme Court Affirms Legality of Prosecutorial Discretion

In Arizona Case, Supreme Court Affirms Legality of Prosecutorial Discretion

The Supreme Court dealt a blow to the restrictionist movement on Monday by striking down three provisions of Arizona SB 1070 and leaving a fourth vulnerable to future challenge. But in a lesser noticed development, the Court also undercut the arguments of critics who contend the President violated the Constitution by recently directing his administration […]

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Supreme Court Issues Mixed Decision on Arizona SB 1070

Supreme Court Issues Mixed Decision on Arizona SB 1070

The Supreme Court issued a mixed ruling on Monday in the Obama administration’s challenge to Arizona SB 1070. By a 5-3 margin, the Justices upheld the injunction against provisions of the law that authorize police to arrest immigrants suspected of committing removable offenses (Section 6), and that impose penalties under state law for immigrants who fail to carry […]

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Lawmakers Attempt to Gut Census by Defunding American Community Survey

Lawmakers Attempt to Gut Census by Defunding American Community Survey

How can you make good policy in the absence of good information? That seems to be a question that some Republicans in the House and Senate have not asked themselves. In recent months, these lawmakers have proposed that funding for the Census Bureau’s annual American Community Survey (ACS) be cut entirely from the federal budget, […]

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Does the Punishment Fit the Crime? Experts Examine “Proportionality” and “Discretion” in Our Immigration System

Does the Punishment Fit the Crime? Experts Examine “Proportionality” and “Discretion” in Our Immigration System

As immigration becomes an ever more controversial part of the American debate, conversations often turn to details about legislation and court battles rather than questioning whether fundamental principles of justice are being applied throughout our immigration system. Two new reports released today, however, address some of these key principles, such as the idea of proportionality (whether […]

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Supreme Court Flooded with Briefs Opposing Arizona SB 1070

Written by on March 29, 2012 in Immigration Courts with 0 Comments
Supreme Court Flooded with Briefs Opposing Arizona SB 1070

Proponents of Arizona SB 1070 often insist that the infamous immigration law enjoys considerable public support. Yet even if such claims are correct, one would hardly know it from the flood of briefs filed at the Supreme Court this week opposing the measure. Unlike the monolithic set of briefs filed last month in support of […]

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Supreme Court Brief on SB 1070: Arizona Seeking Confrontation, not Cooperation

Written by on March 20, 2012 in Immigration Courts, State and Local with 2 Comments
Supreme Court Brief on SB 1070: Arizona Seeking Confrontation, not Cooperation

When Arizona Governor Jan Brewer wagged her finger in President Obama’s face at a Phoenix airport earlier this year, she may have been seeking to score political points with the White House’s ideological opponents. What the governor may not have realized, however, is that she was giving the Obama administration the photographic equivalent of its […]

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Why the Scott Gardner Act is Unconstitutional…and a Bad Idea

Written by on March 8, 2012 in Enforcement, Interior Enforcement, Legislation with 0 Comments
Why the Scott Gardner Act is Unconstitutional…and a Bad Idea

Immigration hardliners never hesitate to claim the mantle of “states’ rights” when defending laws like Arizona SB 1070. But those wanting local cops to double as federal immigration agents were conspicuously silent at a congressional hearing on Wednesday on the Scott Gardner Act, a bill that (among other things) would require police to run extra […]

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ICE Distorts Facts in Debate over Immigration Detainers

Written by on March 1, 2012 in Detention, Enforcement, Interior Enforcement with 2 Comments
ICE Distorts Facts in Debate over Immigration Detainers

February was an important month in the debate over immigration “detainers,” the controversial tool used to strong-arm local jails into holding immigrants on the federal government’s behalf. In Connecticut, a class-action lawsuit was filed attacking detainers’ many legal vulnerabilities, and the Governor announced that state jails will not honor them in all cases. In Illinois, […]

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