Immigration Law

Twelve years after his arrest, accused murderer remains incompetent for trial because he can’t talk

A deaf man who can’t read, write or speak more than a few words is considered incompetent to stand trial on a 2005 murder charge. The man, 45-year-old Oswaldo Martinez, is charged with the rape and strangulation death of a 16-year-old girl who was walking alongside a country road in…

Mar 14, 2017 10:20 AM CDT

‘Dreamer’ immigrant released after arrest that followed speech at press conference

U.S. Immigration and Customs Enforcement has released a young woman who was arrested by ICE agents directly after speaking at a press conference about her fear of deportation, Mississippi Today reports. Daniela Vargas, 22, is a “dreamer”—a young person brought without authorization to the United States as a child. Her…

Mar 14, 2017 7:45 AM CDT

In response to Hawaii lawsuit, DOJ argues that revision of Trump travel ban removes legal problems

President Donald Trump’s new executive order limiting travel to the United States doesn’t have the legal problems courts have found with the first order, the Department of Justice argued today.

Mar 13, 2017 3:53 PM CDT

Virginia court’s no-jail policy for marijuana possession could have consequences for immigrants

When the Arlington General District Court in Virginia this month adopted a policy of no jail time for possession of small amounts of marijuana, it was a progressive step that streamlines the criminal justice system. But it also rubbed up against tough immigration laws enacted years ago: No threat of…

Mar 13, 2017 1:45 PM CDT

Wisconsin federal judge issues injunction against revised travel ban for family of Syrian refugee

A Wisconsin federal judge has dealt a setback to President Donald Trump’s revised travel ban. Reuters reported that U.S. District Judge William Conley of Madison, on Friday, issued a temporary restraining order that prevents the travel ban from being used to keep out the wife and child of a Syrian…

Mar 13, 2017 11:00 AM CDT

Class action status granted in lawsuit alleging detained immigrants forced to work for $1 a day

A Colorado federal judge has certified a class of about 62,000 people who claim they were forced to work for $1 a day while detained at a privately run immigrant detention center, the Denver Post has reported. The immigrants sued private prison contractor the GEO Group in 2014. An earlier…

Mar 9, 2017 5:40 PM CST

ABA endorses requirement to consider poverty, flight risk when immigration courts set bond

An ABA amicus brief filed March 8 argues that immigration courts should be required to consider ability to pay and flight risk before deciding on bond. The brief (PDF) was filed to the 9th U.S. Circuit Court of Appeals in Hernandez v. Sessions, a class action that argues that the…

Mar 9, 2017 4:50 PM CST

Washington AG asking federal judge to apply TRO to new travel ban order

A temporary restraining order obtained by the state of Washington, which halted the Trump administration’s January travel ban, should be applied to the recently revised executive order, says its attorney general. Ferguson is asking a federal judge to apply the restraining order that halted the first travel ban order to…

Mar 9, 2017 4:09 PM CST

Citing business and constitutional issues, Hawaii challenges revised travel ban

In a U.S. District Court motion filed Tuesday, the state of Hawaii asked for a temporary restraining order to block President Donald Trump’s recently revised travel ban for visitors from majority-Muslim countries. The lawsuit (PDF) was filed in February, and Hawaii is likely the first state to legally challenge the…

Mar 8, 2017 12:30 PM CST

Law students plan to spend spring break representing immigrant families pro bono

Law students at Southern Methodist University aren’t going far from the school’s Dallas campus this spring break. In fact, their destination is about five hours away: The Karnes City Family Detention Center, southeast of San Antonio. According to an SMU press release, a team of eight law students led by…

Mar 7, 2017 4:45 PM CST

Chatbot now available for refugee asylum advice

Joshua Browder, the Stanford University student who designed a chatbot that created an automated process to appeal parking tickets has updated the technology to offer free legal advice to refugees seeking asylum. The chatbot is now available for refugees seeking asylum in the United States, Canada and the United Kingdom,…

Mar 7, 2017 3:45 PM CST

How will Trump’s new travel ban order hold up in court?

Updated: President Donald Trump's revised executive order for a travel ban both narrowed and focused its approach enough that some legal experts say it will better withstand court challenges, though opponents are not convinced they won’t prevail, Reuters reports.

Mar 7, 2017 1:01 PM CST

As funding for immigration enforcement increases, so will court backlog

Immigration courts had a shortage of judges and various “bureaucratic breakdowns” before Donald Trump became president, and the administration’s enforcement increase likely will make things worse if adequate resources are not allotted, the Associated Press reports. “It would be a shame if the mistakes of the past continue to be…

Mar 6, 2017 3:30 PM CST

Revised travel order bans visa applications from 6 Muslim-majority countries; Iraq excluded

Updated: President Donald Trump has signed a revised executive order that bans for 90 days the issuance of new visas for citizens of six Muslim-majority nations, the Associated Press reports.

Mar 6, 2017 10:05 AM CST

Next big immigration legal battle will likely be over fast-track deportations

Stand by for constitutional challenges to the Trump administration’s plan for expanding expedited removal of immigrants in the country illegally. The challenges will likely become the next major legal battle over immigration, the Los Angeles Times reports. The expansion could affect far more people than those impacted by President Trump’s…

Mar 6, 2017 8:00 AM CST