Tag: immigration law

House Members to Introduce Discharge Petition on Immigration Reform

House Members to Introduce Discharge Petition on Immigration Reform

The press is reporting that Minority Leader Nancy Pelosi will file a discharge petition to bring HR 15, the bipartisan comprehensive immigration bill that has been languishing in the House since October, to the floor. A discharge petition is a procedural move that requires the signature of 218 House members; if successful it forces House [...]

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President Calls for Review of U.S. Deportation System

President Calls for Review of U.S. Deportation System

As the number of deportations under President Obama near the 2 million mark and Congress stalls on immigration reform legislation, President Obama said Friday that administration officials are reviewing what could be done to make the immigration enforcement system more humane. The announcement follows votes in the House of Representatives last week attempting to limit [...]

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The Punishment Should Fit the Crime for Immigrants, Too

The Punishment Should Fit the Crime for Immigrants, Too

The punishment should fit the crime. That maxim is as old as law itself, dating at least as far back as the Old Testament and Hammurabi’s Code.  It’s firmly rooted in our Constitution’s Due Process Clause and the Eighth Amendment’s prohibition against excessive fines and cruel and unusual punishment. That principle—referred to as proportionality—appears in [...]

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New York City Pilots Free Legal Representation in Immigration Court

Written by on November 13, 2013 in Access to Counsel, Courts, Immigration Law with 6 Comments
New York City Pilots Free Legal Representation in Immigration Court

In criminal courts throughout the United States, the government provides defendants who cannot afford an attorney with a free public defender. In immigration courts, which are not part of the criminal court system, immigrants who are unable to hire a private attorney and cannot find a free legal service provider are forced to face off [...]

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Former Attorney General Gets it Wrong on DOMA and Same Sex Immigration Benefits

Former Attorney General Gets it Wrong on DOMA and Same Sex Immigration Benefits

Former Attorney General Alberto R. Gonzales is advocating in the New York Times that the Supreme Court decision in U.S. v. Windsor, which invalidated Section 3 of the Defense of Marriage Act (DOMA), should not allow the Obama administration to afford immigration benefits to married, same-sex bi-national couples.  Rather, he argues, the administration is bound [...]

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Putting the White House Immigration Reform Proposal into Perspective

Putting the White House Immigration Reform Proposal into Perspective

Over the weekend, the press reported on a leaked draft of portions of the White House’s immigration proposal, and the coverage since then has been largely a frenzied discussion of whether the leak will kill Senate negotiations.  There shouldn’t be much chance of that, given the immense pressure on the Senate to not only come [...]

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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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Immigration Law Curbs Foreign Student Entrepreneurship

Immigration Law Curbs Foreign Student Entrepreneurship

Nearly everyone agrees that the U.S. immigration system should provide visas for entrepreneurs who want to start businesses in the U.S. and employ American workers.  However, convoluted immigration laws make it difficult for some entrepreneurs to launch their business while they’re in school and remain lawfully in the U.S. after they graduate in order to [...]

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Some States Attempt to Move Forward on Immigration Laws Following Supreme Court Decision

Some States Attempt to Move Forward on Immigration Laws Following Supreme Court Decision

Prior to the Supreme Court’s recent decision on Arizona SB 1070, other states that passed immigration laws were also embroiled in complicated legal battles. Alabama, Georgia, South Carolina, and Utah all passed restrictive immigration laws, parts of which were challenged in court and subsequently enjoined pending the Supreme Court’s ruling on Arizona. Now that the [...]

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Civil Rights Groups Resume Legal Challenges to Alabama’s Immigration Law

Civil Rights Groups Resume Legal Challenges to Alabama’s Immigration Law

Less than three weeks after the Supreme Court’s landmark decision in Arizona v. United States—which struck down three provisions of SB 1070 and invited future challenges to a fourth—civil rights groups are back in court resuming their challenges to copycat laws in other states. Going forward, the lawsuits will focus more on how to interpret [...]

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