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Weekly Recap Ethics News and Trends – March 3, 2014

Public servants with the utmost integrity also need to be aware of what is happening ethically around the state. In today’s climate, every public agency’s image is impacted by the missteps or misconduct of others. Below...more

When New Supreme Court Rulings Do Not Apply Retroactively

In Padilla v. Kentucky, the U.S. Supreme Court ruled that an ineffective assistance of counsel claim under the Sixth Amendment could be based on a defense attorney’s failure to apprise a criminal defendant of the immigration...more

Holding of Padilla v. Kentucky to be Incorporated Into Federal Rules of Criminal Procedure

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective standard of...more

Recent U.S. Supreme Court Decision Will Not Likely Affect Alabama’s Immigration Law

On June 25, 2012, the U.S. Supreme Court ruled in Arizona v. United States that several provisions of Arizona’s immigration law (S.B. 1070) could not be enforced because federal immigration law preempts state laws regarding...more

Supreme Court Ruling on Arizona Law Has Broad Impact

When the U.S. Supreme Court issued its ruling on the Arizona immigration law last week, public scrutiny of the decision was short-lived because it was eclipsed by the subsequent ruling on the Patient Protection and Affordable...more

Attorney: Arizona Can't Implement Immigration Law Without Racial Profiling [Video]

June 28 (Bloomberg Law) -- Careen Shannon, attorney at Fragomen, Del Rey, Bernsen and Loewy, LLP, talks with Bloomberg Law's Lee Pacchia about the Supreme Court's ruling on the constitutionality of the new Arizona immigration...more

Supreme Court Bars Arizona, Other States From Criminalizing Alien Employment

The key takeaway for employers from the Supreme Court's ruling yesterday on Arizona's controversial Senate Bill (SB) 1070 law is that states cannot make criminals out of those in their jurisdiction who work or seek employment...more

Ariz. Immigration Ruling May Save Cos. From State Law Hassles

Originally published in Law360, New York (June 25, 2012, 8:49 PM ET) The U.S. Supreme Court's ruling that several portions of Arizona's controversial immigration law were preempted by federal law will likely stanch the...more

Supreme Court Decision Could Spur New Immigration Laws [Video]

May 3 (Bloomberg Law) -- The U.S. Supreme Court heard oral arguments last week in the case over the constitutionality of the new Arizona immigration law known as SB 1070. While the design, implementation and enforcement of...more

Vermont’s New Immigration Policy for State Police

On Friday, November 4, 2011, Vermont Governor Peter Shumlin and the Department of Public Safety issued a new policy for the Vermont State Police which impacts when the State Police are allowed to question a person's...more

Preliminary Injunction Granted for Parts of New Indiana Immigration Law

As predicted in our prior Legal Alert on this topic on May 13, 2011, Indiana’s recently enacted immigration law has been challenged in court. On June 24, 2011, the U.S. District Court for the Southern District of Indiana...more

When State Courts Meet Padilla: A Concerted Effort is Needed to Bring State Courts Up to Speed on Crime-Based Immigration Law...

Padilla v. Kentucky’s recognition of deportation consequences as a component of the Sixth Amendment effective assistance of counsel guarantee promised dramatic impact on criminal proceedings involving noncitizen...more

Crime and Punishment in American Immigration

In 1882, the same year that Robert Ford killed the famous outlaw Jesse James, the U.S. Congress passed a new Immigration Act that imposed a 50 cent tax upon immigrants to fund the cost of regulating immigration and gave...more

Despite Border Search Exception, Warrant Needed for Laptop Analysis

United States District Court Judge Jeffrey S. White granted a motion to suppress the search of a laptop, which was seized at a U.S. airport from someone returning on an international flight. This case signals what courts--...more

Arizona Immigration Statute: DOJ Raises Law Enforcement Issues

On July 6, 2010, the U.S. Department of Justice filed a lawsuit seeking to prohibit the enforcement of the controversial new anti-immigration law passed by the state of Arizona in April. See, for example, the helpful summary...more

Immigration Insights (April 2010)

In this issue: *Arizona Immigration Law Sparks Debate and Reminder to Foreign Nationals Inside and Outside Arizona *USCIS Still Accepting H-1B Petitions for Fiscal Year 2011 *May 2010 Visa Bulletin - EB-3 India and...more

The Support Our Law Enforcement and Safe Neighborhoods Act, Arizona Senate Bill 1070

Full text copy of The Support Our Law Enforcement and Safe Neighborhoods Act, Arizona Senate Bill 1070, signed into law by Governor Jan Brewer on April 23, 2010. From the law: “The legislature finds that there is a...more

U.S. Supreme Court's Sixth-Amendment Ruling Requires Defense Counsel to Inform Immigrant When Plea May Lead to Deportation

Last week, the U.S. Supreme Court issued a significant decision regarding the rights and protections owed to immigrant defendants facing criminal charges. In Padilla v. Kentucky,1 the Supreme Court held that the Sixth...more

Supreme Court Decision Protects Right to Immigration Advice

This press release was issued today by the American Immigration Council: The American Immigration Council applauds today's Supreme Court decision on the right to counsel for noncitizens charged with committing a crime. The...more

Federal Criminal Immigration Cases Reach Record High

Federal prosecution for immigration violations reached a record high of 169,612 in 2009. According to the study out of Syracuse University, this number represents more than ½ of all criminal cases brought by the federal...more

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