Articles 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).

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.

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.

Attorneys behind the lawsuit believe the detentions are part of an effort by the Trump administration to pressure Vietnam into abandoning a repatriation agreement prohibiting the return of Vietnamese immigrants who arrived in the U.S. before the two countries reestablished diplomatic relations in 1995. Read the complaint on Justia.

The Fourth Circuit Court of Appeals in an opinion issued February 15, 2018, found President Trump's travel ban (Proclamation No. 9645) to be unconstitutional.