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Immigration Constitutional Law

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.

Different Path, Same Result: 9th Circuit Becomes Latest Appeals Court To Reject Trump’s Travel Ban

by Fisher Phillips on

Several weeks ago, the 4th Circuit Court of Appeals upheld an injunction that blocks President Trump’s second executive order attempting to institute a travel ban against those arriving from several specific Muslim countries...more

Supreme Court: Gender-Based Distinctions In Immigration Law Violate Equal Protection

by Jackson Lewis P.C. on

A federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers seeking to transmit birthright citizenship to their non-marital children born outside the U.S. violates the Equal...more

9th Circuit Upholds Block on Trump’s Revised Travel Ban

by Cozen O'Connor on

On June 12, 2017, a unanimous three judge panel on the Ninth Circuit upheld a nationwide preliminary injunction on President Trump’s revised travel ban, in addition to blocking directives within the executive order suspending...more

Supreme Court Case Concerning President Trump’s Travel and Refugee Bans – Key Documents

by Hogan Lovells on

This page is intended to serve as a collection of documents related to State of Hawaii et al v. Trump as the case heads to the U.S. Supreme Court. Stay Application: Government’s application for a stay of the Hawaii district...more

Supreme Court Decides Sessions v. Morales-Santana

by Faegre Baker Daniels on

On June 12, 2017, the Supreme Court decided Sessions v. Morales-Santana, No. 15-1191, in which it held that an exception to the Immigration and Nationality Act, 8 U.S.C. § 1401 et seq., that provides a benefit to children of...more

Electronics Ban for U.S.-Bound Flights May Extend to 71 Airports

by Cozen O'Connor on

On June 7, 2017 The U.S. Department of Homeland Security chief told a House panel that the federal government is considering an expansion of its ban on large electronics, like laptops, in carry-on bags from the 10 current...more

Religious Institutions Update: June 2017

by Holland & Knight LLP on

Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

Fourth Circuit Rules Second Immigration Ban Likely Violates Establishment Clause

The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground...more

4th Circuit Ruling Continues Star-Crossed Fate of Trump Administration Travel Ban

On May 25, 2017 the U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s nationwide injunction against the Trump administration’s executive order (EO) suspending entry into the United States of foreign...more

TPS Extended for Haitians and Court of Appeals Upholds the Block of Second Travel Ban

On May 24th, DHS Secretary John F. Kelly extended Temporary Protected Status (TPS) through January 22, 2018 for eligible nationals of Haiti and individuals without nationality who last habitually resided in Haiti. The...more

Federal Appeals Court Rejects Trump’s Second Travel Ban - Decision Sets Up Inevitable Date At Supreme Court

by Fisher Phillips on

In a 10-3 decision, the 4th Circuit Court of Appeals yesterday upheld the nationwide injunction that had blocked President Trump’s second executive order banning certain travel into the country from taking effect. The Court...more

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

by Snell & Wilmer on

The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...more

FAQs for Entering the U.S.—Entry Inspection and Electronic Devices

All individuals entering the U.S. at international ports of entry are inspected by US Customs & Border Protection (CBP). This occurs at either the arrival airport in the U.S., Pre-Flight Inspection if flying from most...more

Decreto Legge 17 febbraio 2017 n. 13 – Disposizioni urgenti per l’accelerazione dei procedimenti in materia di protezione...

Il Decreto n. 13/2017, entrato in vigore lo scorso 18 febbraio, è in procinto di essere convertito in legge. Con questo intervento normativo il Governo ha cercato di rispondere alla situazione emergenziale relativa alla...more

See You In Court! - April 2017

by Shipman & Goodwin LLP on

The Nutmeg Board of Education was frustrated and dismayed this budget season by the need to cut programs and reduce costs. However, given various warnings from Seymour Dollars, the irascible Chairperson of the Nutmeg Board of...more

Privacy Tip #80 – Continued Controversy Over Mobile Device Searches by CBP

Many people were shocked and outraged over the story I relayed about a U.S. citizen, in fact, a NASA scientist, who, after returning from racing solar cars abroad was required by Custom and Border Patrol (CBP) agents to hand...more

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected...

by Fisher Phillips on

On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the...more

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more

UPDATE: Federal Judge in Hawaii Temporarily Freezes New Executive Order on Immigration

by Miller Canfield on

On March 15, 2017, a federal judge in Hawaii froze President Trump’s March 6, 2017 executive order. The ruling suspends the executive order just one day before it was set to go into effect on March 16, 2017. ...more

New Trump Executive Order Stopped!

by Mintz Levin on

Just hours before President Trump’s new Executive Order or “Muslim Travel Ban” was to become effective, U.S. District Judge Derrick Watson in Hawaii issued a Temporary Restraining Order to stop the ban from being implemented...more

Déjà Vu All Over Again? Federal Court Blocks Trump’s Second Travel Ban

by Fisher Phillips on

In the most stinging legal rebuke yet to President Trump’s efforts to bar certain immigrants from reaching the country’s shores, a federal judge in Hawaii late Wednesday ordered the president’s second travel ban be...more

Officials’ Top 10 Things to Remember About Public Participation in Local Government

by Best Best & Krieger LLP on

As the national political climate heated up recently, some local governments are facing spillover effects, with local and sometimes even out-of-town activists and provocateurs attending city council, school board and other...more

RLUIPA Implications of Trump’s Immigration Executive Order

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

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