Immigration Law

ABA amicus brief urges rehearing in lawsuit seeking court-appointed lawyers for unaccompanied minors

Unaccompanied minor immigrants are so vulnerable—and the immigration court process so complicated—that they cannot have a fair trial without court-appointed attorneys, the American Bar Association argued Thursday. That argument came in an ABA amicus brief (PDF) in J.E.F.M. v. Lynch, a class-action lawsuit alleging that child immigrants have such a…

Dec 15, 2016 5:45 PM CST

Chemerinsky: Decision in SCOTUS immigration case could hinge on government’s admission of error

What is the effect of the solicitor general telling the Supreme Court that in a prior related case, the government provided false, crucial information? That is an underlying question in Jennings v. Rodriguez, which will be heard by the court on Wednesday. The issue in Jennings is whether due process…

Nov 29, 2016 3:00 PM CST

Can universities create ‘sanctuary campuses’ to protect immigrant students?

In light of president-elect Donald Trump’s campaign promise to increase deportations, some college students and faculty members are calling on their schools to declare themselves “sanctuary campuses” that would limit their cooperation with federal immigration enforcement authorities. Whether the policies would be meaningful—or jeopardize a school’s federal funding—is unclear, immigration…

Nov 15, 2016 2:00 PM CST

Trump says gay marriage is settled law, but he still wants ‘pro-life’ justices

Donald Trump told 60 Minutes on Sunday that he will quickly nominate a Supreme Court justice, and his court nominees will be “pro-life” and “very pro-Second Amendment.” But he told Lesley Stahl in the interview that the issue of marriage equality is “irrelevant because it was already settled. It’s law.…

Nov 14, 2016 10:05 AM CST

Court dockets will shrink as Donald Trump rescinds Obama administration actions

Lawsuits stemming from executive actions and legal interpretations by the Obama administration are likely to be removed from the U.S. Supreme Court docket and lower federal courts as a result of a shift in policies when Donald Trump takes office. Likely changes will affect cases involving immigration, the Affordable Care…

Nov 14, 2016 8:00 AM CST

Trump’s win could put ‘legal industry on steroids,’ consultant says

The legal industry stands to benefit when Donald Trump takes office. That's the conclusion of legal consultant Peter Zeughauser.

Nov 9, 2016 1:15 PM CST

Embattled Sheriff Joe Arpaio loses re-election bid

Maricopa County, Arizona, Sheriff Joe Arpaio lost his bid for re-election on Tuesday as he faced a criminal contempt of court charge. Arpaio lost a bid for a seventh term, “effectively ending the career of perhaps the most divisive law enforcement figure in the country,” the New York Times reports.…

Nov 9, 2016 10:27 AM CST

ABA Supreme Court brief urges bright-line deadline for bond hearings in immigration detention cases

People being held in immigration detention should get a bond hearing within a set time period to determine whether they pose a danger or a flight risk, the ABA says in an amicus brief filed with the U.S. Supreme Court. The brief (PDF) says the due process clause requires a…

Oct 25, 2016 3:58 PM CDT

John Lennon’s lawyer explains how musician’s deportation case changed immigration law (podcast)

When immigration attorney Leon Wildes got a call from an old law school classmate in January 1972 about representing a musician and his wife who were facing deportation, their names didn't ring a bell. Even after meeting with them privately at their New York City apartment, Wildes wasn't entirely clear about who his potential clients were. He told his wife that he'd met with a Jack Lemon and Yoko Moto. "Wait a minute, Leon," his wife Ruth said to him. "Do you mean John Lennon and Yoko Ono?"

Oct 19, 2016 8:30 AM CDT

Supreme Court to consider suit over border agent’s shooting of teen on Mexican side of the border

The U.S. Supreme Court on Tuesday agreed to consider whether a U.S. border patrol agent can be sued by the family of a teen killed by the agent on the Mexican side of the border. The court agreed to consider the reach of the U.S. Constitution in the suit by…

Oct 12, 2016 11:45 AM CDT

Supreme Court to consider suits against US officials by immigrants detained after Sept. 11 attacks

The U.S. Supreme Court on Tuesday agreed to decide whether former Attorney General John Ashcroft and other onetime government officials have immunity in suits by immigrants who say they were rounded up and illegally detained after the Sept. 11 terrorist attacks. The court agreed to hear three consolidated cases brought…

Oct 12, 2016 11:09 AM CDT

Federal prosecutors will charge Sheriff Joe Arpaio with criminal contempt; he vows a fight

Federal prosecutors plan to charge Maricopa County, Arizona, Sheriff Joe Arpaio with criminal contempt for allegedly violating an order banning racial profiling. Prosecutors revealed their decision in court on Tuesday, report the Arizona Republic and the New York Times. U.S. District Judge Susan Bolton said that because Arpaio is age…

Oct 12, 2016 9:05 AM CDT

Mike Pence’s attempt to ban Syrian refugees is based on ‘nightmare speculation,’ Posner opinion says

A federal appeals court has upheld a preliminary injunction that prevents Indiana Gov. Mike Pence from barring federal funding to a social-service agency to help resettle Syrian refugees. The Chicago-based 7th U.S. Circuit Court of Appeals said the funding ban was based on “nightmare speculation” rather than evidence that some…

Oct 4, 2016 9:15 AM CDT

ACLU immigration lawyer is among genius grant winners

A lawyer who seeks due process for immigrants facing deportation is among 23 winners of 2016 MacArthur “genius” grants. Lawyer Ahilan Arulanantham, 43, will receive the no-strings attached $625,000 grant from the John D. and Catherine T. MacArthur Foundation. He is director of advocacy and legal director for the American…

Sep 22, 2016 9:58 AM CDT

9th Circuit rejects bid for lawyers for child immigrants but calls for a change in the law

The San Francisco-based 9th U.S. Circuit Court of Appeals has dismissed an ambitious lawsuit seeking court-appointed counsel for minors who are in deportation proceedings. J.E.F.M. v. Lynch argued that the minors have due process and statutory rights to counsel in deportation proceedings. Currently, no one of any age is provided…

Sep 21, 2016 2:35 PM CDT