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Immigration in the Courts

Court Overturns Arizona In-State Tuition for DACA-mented Dreamers

Yesterday, an appeals court ruled that DACA-mented Dreamers will no longer be able to receive Arizona in-state tuition. The appeals court overturned a 2015 decision finding that Dreamers with DACA status are legally present, and said that federal laws allow each state to decide which benefits DACA-mented Dreamers can access. Under a 2006 proposition, the … Continue reading »

Do Immigrants Enjoy Due Process in Deportation Cases? Not Exactly

John Kelly Thinks Immigration Judges’ Orders Should Be Final, Thomas Homan Thinks Immigrants Get Due Process; Here’s Why Neither is True Donald Trump is enacting his mass deportation agenda, and many of the people being deported fit a specific profile: they are mothers and fathers who have committed no major crimes, they’ve often been checking … Continue reading »

Federal Judge: Hawaii Dad’s Deportation a Reminder that “Good Hombres” Not Safe Under Trump and Sec. Kelly

A federal judge yesterday blasted the Trump Administration’s mass deportation policy for its cruelty and indiscriminate nature. 9th Circuit Judge Stephen Reinhardt noted that “even the ‘good hombres’ are not safe”from President Trump and DHS Secretary John Kelly’s Deportation Force.  Judge Reinhardt wrote that the scheduled deportation of Andres Magana Ortiz, a father of three … Continue reading »

Another Loss for Trump: 4th Circuit Says Trump’s Muslim Ban Unconstitutional

Is Trump tired of winning yet? The 4th Circuit of the US Court of Appeals announced its ruling on Trump’s Muslim ban today, writing that the ban “drips with religious intolerance, animus, and discrimination.” The ruling actually addresses Trump’s second Muslim ban, the revised version that was announced in March and targeted six countries. As in … Continue reading »

Trump And Sessions Want to Take Away Help for Immigrants Facing Deportation, as Seattle DOJ Case Shows

If there’s any doubt that the Trump Administration wants to deport as many immigrants as possible, check out what’s happening in Seattle, where the Justice Department has ordered an immigrant rights organization to stop some of its legal work providing help for immigrants facing deportation. For now, a federal judge has temporarily blocked the order. … Continue reading »

ICYMI: Daniel Denvir: “New Hope For Undocumented Immigrants: DAPA Might Not Be Dead — A Bold Legal Strategy Could Protect Millions From Deportation”

Following the lawsuit filed yesterday challenging Judge Andrew Hanen’s national injunction on President Obama’s immigration executive actions, Daniel Denvir of Salon explores the politicization of DAPA and DACA; the potential judicial chaos emanating from the Supreme Court tie in U.S. v. Texas; and the continued fight for protection from deportation for millions of undocumented immigrants who are Americans in all but … Continue reading »

David Leopold and Lynn Tramonte React to New Lawsuit Challenging Judge Hanen’s Overreaching National Injunction

Today, the National Immigration Law Center (NILC), National Immigrant Justice Center (NIJC), and the Rockford, Illinois law firm Dady & Hoffmann filed a lawsuit challenging Judge Andrew Hanen’s national injunction on President Obama’s immigration executive actions on behalf of José Lopez.  Lopez is a DACA-mented immigrant whose parents are both eligible for Deferred Action for Parents of … Continue reading »

With Rehearing Denied in US v. Texas, What Now?

All Legal and Political Options Must Be Engaged The news that the U.S. Supreme Court has denied a rehearing petition in the U.S. v Texas immigration case should focus attention on a pressing legal question: why has Texas Judge Andrew Hanen been able to issue a nationwide hold on DAPA and DACA+? There’s a strong case to be made … Continue reading »

ICYMI: “An Undocumented Immigrant Challenges Judge Hanen’s Nationwide Hold on DAPA and DACA+”

David Leopold Explains the Details and Implications in New Medium Piece A new Medium piece from immigration attorney David Leopold draws attention to a pressing legal question following the U.S. Supreme Court’s 4–4 tie in the U.S. vs. Texas immigration case: does Judge Andrew Hanen’s nationwide hold apply outside of the 5th circuit? Leopold highlights the challenge filed recently by Martin … Continue reading »

NILC Release: “Fearless Four” Dreamers Defend Themselves in Judge Hanen’s Court

Below is a press release from the National Immigration Law Center. One of the “Fearless Four” is AV’s Digital Campaigns Manager “Fearless Four” respond to judge’s demand for their personal data with amicus brief LOS ANGELES — Four young immigrants whose private information was ordered disclosed by a federal judge in U.S. v. Texas filed a friend-of-the-court … Continue reading »

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