Articles Posted in US Immigration

In October, Canada is set to legalize the recreational use of marijuana nationwide. Legalization theoretically could mean that American consumers could cross the border to consume marijuana in Canada and possibly bring it back to the U.S., but in reality this is unlikely to happen, at least for now. While some states…


On July 2, 2018 a federal judge issued an order blocking the blanket detention of asylum seekers at five office locations of US Immigration and Customs Enforcement Offices (ICE). Read the order on Justia.


Posted in: US Immigration

A group of 18 attorneys general has filed a lawsuit against the Trump Administration regarding the separation of families at the border. The Trump Administration’s “zero tolerance” policy has been under strict scrutiny by Democrats as it has resulted in the separation of children and parents. The lawsuit was filed on Tuesday, June 26, 2018 in the US District Court for the Western District of Washington and argues that the separation of children and parents is discriminatory and violates equal protection under the Constitution. The complaint also states that the act of separating families is the Trump Administration's means of deterring immigrants from entering the United States.


On Tuesday, June 26, 2018, United States District Judge Dana M. Sabraw of the Southern District of California granted the American Civil Liberties Union's request for a preliminary injunction seeking to reunite children affected by the Trump Administration's "zero-tolerance" immigration policy.


The zero tolerance immigration policy that has led to separating refugee parents from children at the U.S.-Mexico border faces its first legal challenge from a Guatemalan asylee.


Attorney General Jeff Sessions issued a decision on Thursday, May 17, 2018, in which he ruled that immigration judges do not have the authority to indefinitely suspend cases before them.


Posted in: US Immigration

On Tuesday, April 17, 2018, the United States Supreme Court decided Sessions v. Dimaya, 584 U.S. ___ (2018), with Justice Neil Gorsuch casting the deciding vote against the Trump Administration. The Supreme Court held that 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act, was unconstitutionally "void for vagueness," citing Johnson v. United States, 576 U.S. ___ (2015).


Posted in: US Immigration

The judge overseeing a lawsuit filed in U.S. federal district court last fall which aims to preserve the Deferred Action for Childhood Arrivals program ("DACA") is considering an order which would require the Trump administration to re-start the Program to admit new applicants.


Posted in: US Immigration
Tagged: DACA, immigration

On March 13, 2018 the United States Fifth Circuit Court of Appeals issued an opinion regarding Texas Senate Bill 4 (SB4), a Texas law that forbids "sanctuary city" policies throughout the state, and held that SB4's provisions, with one exception, did not violate the Constitution. Read the opinion summary and opinion on Justia.


The US Department of Justice has sued the state of California, as well as its governor and secretary of state, in a federal court in California over the state's recently passed "sanctuary state" laws that clash with the Trump administration's immigration policy. The complaint and filings are available on Justia.


Posted in: US Immigration