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Immigration Civil Procedure Constitutional Law

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

June 2017: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...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

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

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

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

9th Circuit Refuses to Stay Nationwide Injunction Against Enforcement of Trump Immigration Order While Government Appeals

by Genova Burns LLC on

On February 9, 2017, the Court of Appeals for the Ninth Circuit affirmed the U.S. District Court’s Temporary Restraining Order prohibiting nationwide enforcement of key portions of the immigration Executive Order issued on...more

Ninth Circuit Refuses to Vacate TRO on Trump’s Immigration Order

by Epstein Becker & Green on

Late yesterday, in the case of Washington v. Trump, No. 17-35105 (9th Cir. Feb. 9, 2017), the U.S. Court of Appeals for the Ninth Circuit issued a “per curiam” opinion, which refused to vacate the temporary restraining order...more

President's Immigration Ban Remains Blocked

by Fisher Phillips on

Federal Appeals Court Rejects Government Bid To Reinstate Travel Ban - After hearing an emergency oral argument late Tuesday, the 9th Circuit Court of Appeals agreed with a lower federal court judge and late today upheld...more

Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

by Womble Bond Dickinson on

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the...more

Arizona Sheriff’s Criminal Contempt Charge Reinforces Importance of Compliance with Civil Orders

President Andrew Jackson is reported (likely inaccurately) to have flaunted a Supreme Court decision by retorting, “John Marshall has made his decision; now let him enforce it!” Any litigant who has been on the receiving end...more

July 2016: Appellate Update

The Effects of an Eight-Justice Supreme Court. Since Justice Scalia’s passing in February, the Supreme Court has operated with only eight justices, and it will continue to do so for as long as the Senate declines to consider...more

Immigration Showdown: Defeat for the Obama Administration’s Deferred Action Policies

On Thursday, June 23, 2016, the Supreme Court of the United States reached a 4 – 4 tie on issues related to the validity of the Obama administration’s contested immigration programs, Deferred Action for Parents of Americans...more

Policy Fights in the Courts: United States v. Texas

On April 18, 2016, the Supreme Court heard oral argument in a major immigration suit, United States v. Texas. This case is a highly-politicized lawsuit in which dozens of states have sued the federal government over what is...more

Supreme Court Hears Oral Arguments in Important Immigration Case, United States v. Texas

by Cozen O'Connor on

On April 18, 2016, the U.S. Supreme Court heard oral arguments in United States v. Texas, the lawsuit challenging President Obama’s executive actions on immigration. The case concerns a program that President Obama announced...more

Does Scalia's Death Change How the Supreme Court Will Decide Obama's Immigration Agenda?

by JD Supra Perspectives on

The recent death of Justice Antonin Scalia adds to the drama and speculation surrounding US v Texas, and may help to tip its ultimate resolution in the Obama administration’s favor. ...more

A Preview of Business Immigration in 2016: Visa Bulletin Controversy Continues (Part 5/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

Supreme Court will hear DACA/ DAPA Appeal

The Supreme Court will hear the Obama administration’s appeal of the 5th Circuit Court’s decision to uphold the nationwide injunction of the expansion of Deferred Action for Children (DACA) and implementation of Deferred...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

5th Circuit Upholds Deferred Action for Parents: Next Stop Supreme Court?

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit issued their 124 page decision upholding a nation-wide injunction of the Deferred Action for Parents of Americans and Lawful Permanent Residents...more

Supreme Court Decides Mata v. Lynch

by Faegre Baker Daniels on

On June 15, 2015, the United States Supreme Court decided Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeals’ (Board) rejection of an alien’s motion...more

Supreme Court Decides Kerry v. Din

by Faegre Baker Daniels on

On June 15, 2015, the U.S. Supreme Court decided Kerry v. Din, concluding that when the government denies a visa to enter the United States to the alien spouse of a U.S. citizen based on the alien’s terrorist activities, the...more

Supreme Court Decides Zivotofsky v. Kerry

by Faegre Baker Daniels on

On June 8, 2015, the U.S. Supreme Court decided Zivotofsky v. Kerry, No. 13-628, holding that the President of the United States has the exclusive power to grant formal recognition to a foreign sovereign. ...more

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