SCOTUSBlog

JULY 29, 2022

Under longstanding constitutional law, most laws survive constitutional challenges so long as the government has a “rational basis” for enacting them. Louisville, Kentucky, is home to a large community of Nepali immigrants. A list of all petitions we’re watching is available here.

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Constitutional Law Reporter

JULY 26, 2021

Federal immigration law establishes procedures for removing aliens living unlawfully in the United States as well as for determining whether such persons are detained during removal proceedings. The post Supreme Court Clarifies Bond Eligibility for Noncitizens Facing Re-Deportatio appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JANUARY 30, 2023

Garland : The immigration case centers on jurisdictional issues. 1252(d)(1) prevented the court from reviewing petitioner’s claim that the Board of Immigration Appeals engaged in impermissible factfinding because petitioner had not exhausted that claim through a motion to reconsider.” . Santos-Zacaria v.

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JonathanTurley

JANUARY 6, 2024

Immigration, Refugees and Citizenship Canada yanked the citizenship application after learning of the conviction under Putin’s draconian laws. Not only did she write the blogs while living in Canada, she notified Immigration, Refugees and Citizenship Canada about the charges and supplied the underlying papers to the government.

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Constitutional Law Reporter

JANUARY 25, 2024

Garland: The immigration case centers on the Immigration and Nationality Act, which provides that a noncitizen who does not appear at a removal hearing shall be ordered removed in absentia. The post SCOTUS Kicks Off January 2024 Session With Five Cases appeared first on Constitutional Law Reporter. Campos-Chaves v.

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Constitutional Law Reporter

DECEMBER 16, 2022

The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter. Oral arguments have not yet been scheduled, but a decision is expected before the term ends in June 2023.

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Constitutional Law Reporter

JANUARY 19, 2023

The post SCOTUS Leaves Title 42 in Place Temporarily appeared first on Constitutional Law Reporter. The Court is scheduled to hear oral arguments in the February argument session, with a decision before the term ends in June.

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Constitutional Law Reporter

JUNE 17, 2022

Egbert then checked the immigration paperwork for Boule’s guest and left after finding everything in order. The post Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent appeared first on Constitutional Law Reporter. The Turkish guest unlawfully entered Canada later that evening.

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JonathanTurley

FEBRUARY 13, 2023

For example, New York and numerous other cities have declared themselves to be “sanctuaries” for undocumented immigrants yet, in recent months, have protested increasing transfers of such immigrants to their jurisdiction. The cost of California’s statewide reparations is estimated to be $569 billion.

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JonathanTurley

SEPTEMBER 18, 2022

There is nothing unlawful in conveying individuals who are lawfully in the country pending their immigration hearings; the trips are voluntary, and most migrants appear eager to accept free passage to cities like New York or Chicago.

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JonathanTurley

JANUARY 6, 2023

It holds regular open meetings to “assess the needs of the community,” “evaluate and prioritize projects,” “obtain citizen input,” and “provide specific recommendations” to the City Council…After being appointed to the CPAB, Lathus was photographed at an immigrants’ rights rally standing near individuals whom Carr believed to be “Antifa.”

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JonathanTurley

JUNE 9, 2023

The California provision states that kidnapping involves someone who “abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state.” state once they are released by the federal government.

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SCOTUSBlog

JUNE 26, 2023

The question before the justices was whether a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully violates the First Amendment’s guarantee of the freedom of speech. Hansen challenged the constitutionality of the ban on “encouraging or inducing” immigration.

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Constitutional Law Reporter

OCTOBER 7, 2024

Critics of the immigration decision, including the Court’s three liberal justices, maintain that the decision chips away at the same-sex marriage rights guaranteed under Obergefell v. The couple eventually sought to obtain an immigrant visa for Asencio-Cordero so that they could live together in the United States. Hodges , 576 U.S.

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JURIST

NOVEMBER 2, 2023

This comes as Pakistan Interim Interior Minister Sarfraz Bugti issued a warning last week to “illegal immigrants” living in Pakistan to voluntarily leave the country by November 1 or risk potential arrest and deportation. ” UN human rights experts Tuesday called upon Pakistan to not carry out its planned deportations.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. 1226(c) ) or entry of a final order of removal ( 8 U.S.C. 1231(a)(2) ).

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JonathanTurley

MARCH 28, 2024

Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. United States , 567 U.S.

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JonathanTurley

FEBRUARY 5, 2024

In that case, a 5-3 majority ruled against a state seeking to enforce immigration laws in light of what it described as a vacuum of federal action. Most are promptly released, and many are not even asked to appear for eight years at an immigration proceeding. For the states, desperate times call for desperate measures.

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Conflict of Laws

MARCH 30, 2023

Several empirical reports have demonstrated that foreign laws were not more successful at reducing the number of child marriages than was the German law, which is more a function of economic and social factors elsewhere than of European legislation.

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Constitutional Law Reporter

DECEMBER 19, 2022

Texas : The immigration suit brought by the States of Texas and Louisiana challenges a Biden Administration policy prioritizing the apprehension and deportation of three groups of noncitizens: suspected terrorists, individuals who have committed crimes, and those recently detained at the border. United States v. 1226(c) or 8 U.S.C.

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JonathanTurley

SEPTEMBER 22, 2022

Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. Citizenship and Immigration Services (USCIS), including USCIS Form AR-11, “Alien’s Change of Address Card.” ” The lawyers are citing a brochure to support the claim of fraud.

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Constitutional Law Reporter

JANUARY 31, 2022

Gonzalez : The latest immigration case before the justices involves when individuals subject to removal are entitled to an individualized bond hearing. Arteaga-Martinez : The Court’s second immigration of the week also involves when bond hearings are required. The Court will decide: “Whether an alien who is detained under 8 U.S.C.

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SCOTUSBlog

APRIL 13, 2022

Yet his record is not unblemished: He distrusted immigrants from China and even voted to deny citizenship to their U.S.-born Harlan’s dissent proved influential in changing the constitutional law of the nation. Harlan’s moral vision is memorialized in his lone dissent in Plessy v. born children. Last year, Peter S.

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Constitutional Law Reporter

JANUARY 3, 2022

When Mr. Patel later sought to adjust his status to lawful permanent resident, a divided panel of the Board of Immigration Appeals (BIA) denied him relief, holding that he is inadmissible because he “falsely represented” himself as a U.S. citizen for a benefit under state law.

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JonathanTurley

DECEMBER 27, 2022

It allow the President to satisfy immigration advocates and his base by fighting to lift the limitation. ” Gorsuch recognizes that the Biden Administration’s opposition to Title 42 may fuel the flood of illegal immigration across the Southern border. Ironically, the Biden Administration may secretly relish this result.

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JonathanTurley

NOVEMBER 25, 2023

It is not clear how other factors may have affected this increase from increased immigration across the Southern border to changing economic conditions. That may be less than many pro-choice advocates suggested, but it still amounts to tens of thousands of babies.

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JonathanTurley

OCTOBER 6, 2022

Circuit Judges James Ho and Kurt Engelhardt), Chief Judge Priscilla Richman found that President Obama did indeed circumvent Congress and evaded the limits imposed in the Immigration and Nationality Act (INA) when it enacted DACA in 2012. The court declared: “Under the first factor, DACA’s deficiencies are severe.

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JonathanTurley

APRIL 27, 2022

At oral argument, we asked the University’s lawyer a series of questions about whether particular statements would violate the discriminatory-harassment policy: (1) ‘abortion is immoral’; (2) ‘unbridled open immigration is a danger to America on a variety of levels’; and (3) ‘the Palestinian movement is antisemitic.’

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JonathanTurley

JULY 3, 2023

Instead, a 6-3 majority again declared that Biden was violating the Constitution and had to go to Congress. The same court that had just ruled overwhelmingly to support Biden’s immigration policies turned around and issued a devastating and detailed opinion as to why no such authority existed in this case.

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JonathanTurley

NOVEMBER 15, 2022

Cuties is “the story of Amy, an eleven-year-old Senegalese immigrant caught between cultures: her devoutly Muslim family and the “Cuties”—a self-named dance group of Amy’s peers who have their hearts set on trying out for and performing at a big dance competition.”

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Constitutional Law Reporter

MAY 17, 2022

The justices heard arguments in six cases, which addressed issues ranging from methods of execution for death-row inmates to whether a high school football coach should be able to pray at midfield to the federal government’s controversial “remain in Mexico” immigration policy. Below is a brief summary of the cases before the Court: Nance v.

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SCOTUSBlog

JULY 28, 2022

Harper (concerning the controversial “independent state legislature” theory of election law), United States v. Texas (concerning President Joe Biden’s immigration policies), and two cases involving Harvard and the University of North Carolina revisiting the issue of affirmative action in higher education.

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JonathanTurley

JANUARY 17, 2023

The “ Great Replacement Theory ” was the focus of a Senate Judiciary Committee hearing last year, in which Democrats alleged that Republicans — and Fox News in particular — are “radicalizing” domestic terrorists with rhetoric opposing illegal immigration. ( I testified at the hearing).

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Constitutional Law Reporter

JUNE 9, 2022

Supreme Court held that federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. 1255 , which would have made Patel and his wife lawful permanent residents. 1252(a)(2). Facts of the Case. Our case is such a case.

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JonathanTurley

SEPTEMBER 22, 2023

support to Ukraine” as well as “irregular immigration.” withdrawal from Afghanistan, and the nature of U.S. ” Those subjects stretch across much of the “space” used for political speech in the last few years.

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JonathanTurley

DECEMBER 10, 2024

Below is my column in USA Today on states and cities joining the “resistance” to the Trump Administration and its immigration policies. Immigration proved to be one of the top issues for voters in this year’s election, which brought control of both houses of Congress and the White House to the GOP.

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JonathanTurley

JUNE 1, 2021

In the Garland case, the court ruled (again) unanimously to reverse the Ninth Circuit in an opinion written by Justice Neil Gorsuch on the rule in immigration disputes regarding the credibility of noncitizens’ testimony. cannot be reconciled with the terms of the Immigration and Nationality Act.

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