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Immigration in the Courts

Leading Observers Praise Federal Judge’s Injunction Blocking Refugee Executive Order and Blast Texas Gov. Abbott

The news that U.S. District Judge Peter Messitte has issued a preliminary injunction blocking President Trump’s executive order that allowed states and localities to reject refugee resettlement is a welcome development – a view shared by a host of leading refugee resettlement organizations and allies. In a joint statement, HIAS, International Refugee Assistance Project (IRAP), … Continue reading »

Three Court Actions Show the Judiciary’s Limits as a Check on Trump’s Worst Instincts

“The only reliable backstop to prevent Trump from completely rewriting immigration policies, the Constitution and our system of checks and balances is to vote him out of office.” Three recent court rulings and actions show the limits of relying on the courts to serve as a backstop to mitigate the worst of President Trump’s policies … Continue reading »

Chief Justice Roberts, You were wrong. Trump Does Want to Deport DACA recipients

“Roberts either has not been paying attention, or is choosing not to see what’s before his eyes” Over the weekend, CNN reported that Immigration and Customs Enforcement (ICE) is gearing up to target DACA recipients for deportation: ICE has begun asking immigration courts to reopen administratively closed deportation cases against DACA recipients who continue to … Continue reading »

ICYMI: “Can the Supreme Court Save Itself?”

“We’re about to find out.” In a poignant opinion piece for the New York Times, Linda Greenhouse lays out how in trying to dismantle DACA, the Trump administration circumvented key principles of administrative law. Greenhouse argues that, under the ordinary circumstances of adhering to said laws, the administration should have to provide a “more substantial … Continue reading »

Trump Administration Finally Comes Clean on Its Strategy to End DACA: “We Own This”

The Republican Policy is Clear: Deport Them All After two years of working to end the Deferred Action for Childhood Arrivals (DACA) program without taking responsibility for doing so, yesterday’s Supreme Court oral argument revealed an important truth. Instead of hiding behind the fig leaf that “the law made us do it,” Trump administration Solicitor … Continue reading »

PHOTOS: DACA Goes Before the Supreme Court

DACA went before the Supreme Court today, in a consolidated case that will determine the future of more than 700,000 Dreamers. Dreamers and advocates showed up in force in front of the Supreme Court, despite the rainy and cold day, and supporters of all stripes joined them. Members of Congress, Speaker Nancy Pelosi, and California … Continue reading »

We Won’t Know the SCOTUS Decision on DACA For Months. But Here are Some Things We Know Now for Sure.

As legal observers and Supreme Court watchers parse today’s proceedings, let’s remember that we won’t know the outcome of the Deferred Action for Childhood Arrivals (DACA) case until next spring. But separate from reading tea leaves, we do know some things for certain right now:  1. For Dreamers with DACA, “home is here” – and … Continue reading »

DACA’s Moment of Truth Before the Supreme Court Is a Moment of Truth for Chief Justice John Roberts

President Trump took to Twitter before today’s oral arguments at the Supreme Court to slander Deferred Action for Childhood Arrivals (DACA) recipients. He also seemed to signal to the conservative majority of the Supreme Court that he expects them to do his bidding. It was a message undoubtedly directed at Chief Justice John Roberts, who … Continue reading »

ICYMI: “DACA’s Challenge for Chief Justice Roberts: The Rule of Law or Tool in Trump’s Toolbox?”

Analysis by David Leopold  In a new piece for Medium, David Leopold – litigator and Chair of the immigration practice at Ulmer & Berne, LLP and past President of the American Immigration Lawyers Association (AILA) – argues the Deferred Action for Child Arrivals (DACA) case is a test for Chief Justice John Roberts. The Chief … Continue reading »

As DACA Heads to the Supreme Court, the Recent History, High Stakes and Moving Stories of Those Directly Affected Take Center Stage

“This is about an entire group of people who are your friends, your neighbors, the people who you least expect, and they’re part of the American fabric. And this is our home. We don’t consider it home. This is our home.” On Tuesday, the U.S. Supreme Court will hear arguments to decide the future of … Continue reading »