Tag: Ninth Circuit

DACA Is Still in Effect as It Heads to the Supreme Court

DACA Is Still in Effect as It Heads to the Supreme Court

The Ninth Circuit Court of Appeals issued a stinging rebuke to President Trump’s ongoing efforts to end the Deferred Action for Childhood Arrivals (DACA) initiative last week, unanimously upholding a lower court injunction which had blocked the Trump administration from ending the program. Just three days before that hearing, the Department of Justice (DOJ) took […]

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The Government Outlines Its Plan to Extend TPS Benefits Under Court Order

The Government Outlines Its Plan to Extend TPS Benefits Under Court Order

In early October, a federal court ruled that the Trump administration had violated the law when it terminated Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua, and Sudan. After weeks of negotiation with the ACLU, which brought the lawsuit, the government has now come forward with a plan to put that decision […]

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President Trump’s Anti-‘Sanctuary’ City Order Is Unconstitutional

President Trump’s Anti-‘Sanctuary’ City Order Is Unconstitutional

A key part of President Trump’s effort to bar so-called “sanctuary” cities and counties from receiving money from the federal government has been ruled unconstitutional. Last week’s decision by a federal court of appeals is just the latest in a string of defeats for the Trump administration in federal court as it continues to attack […]

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Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon is the U.S. Constitution. The ruling by Justice Samuel Alito in Jennings v. Rodriguez reverses a decision that had required the government to give certain immigrants […]

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3 Things You Need to Know About DACA Developments This Week

3 Things You Need to Know About DACA Developments This Week

There has been a flurry of activity around finding a long-term solution for Dreamers this week. All three branches of government have engaged in these head-spinning developments, ultimately underscoring the need for an urgent fix for Deferred Action for Childhood Arrivals (DACA) recipients. In September, the administration ended the DACA program that provided a work […]

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Court Decision Ensures Many TPS Holders in Ninth Circuit May Become Permanent Residents

Court Decision Ensures Many TPS Holders in Ninth Circuit May Become Permanent Residents

Hundreds, if not thousands, of noncitizens with Temporary Protected Status (TPS) now are eligible to apply for lawful permanent residence because of a Ninth Circuit Court of Appeals decision. In Ramirez v. Brown, the Court ruled that a grant of TPS to a noncitizen qualifies as an “inspection and admission.” Under the Immigration and Nationality […]

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“Immigration, Even for the President, Is Not a One-Person Show”: The Ninth Circuit Rejects Trump’s Travel Ban

“Immigration, Even for the President, Is Not a One-Person Show”: The Ninth Circuit Rejects Trump’s Travel Ban

Barely three weeks after the Fourth Circuit ruled that President Trump’s travel ban “drips with religious intolerance, animus, and discrimination” and thus violated the First Amendment by discriminating against Muslims, the Ninth Circuit ruled that the travel ban also violated the Immigration and Nationality Act (INA). In upholding a Hawaii federal district court decision that […]

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Circuit Judge Says “Even the Good Hombres Are Not Safe”

Circuit Judge Says “Even the Good Hombres Are Not Safe”

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is exercising in deportation decisions. Judge Stephen Reinhardt, in a concurrence, concluded that instead of focusing on the “bad hombres,” the administration’s immigration policies allow immigration […]

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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 […]

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Ninth Circuit Finds Court Has No Authority to Hear Lawsuit Seeking Access to Counsel for Children

Ninth Circuit Finds Court Has No Authority to Hear Lawsuit Seeking Access to Counsel for Children

In 2014, a legal challenge was mounted against the federal government for its failure to provide legal representation to indigent children in deportation proceedings. The case, F.L.B.. v. Lynch was brought by the American Immigration Council, American Civil Liberties Union, the Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP. Despite some victories over […]

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