Federal Courts/Jurisdiction
Amicus Brief to the Second Circuit Arguing for Individualized Custody Determination After Prolonged Mandatory Detention
The brief argues that an individualized custody determination is necessary when detention becomes prolonged under the mandatory detention provision at 8 U.S.C. § 1226(c). It explains that Section 1226(c) is a broad statute that sweeps in minor criminal offenses and dispositions that do not amount to convictions under state… Read More
Federal Appeals Court Upholds Block on SF 2340, Iowa’s Anti-Immigrant Law
ST LOUIS, MISSOURI, JAN. 25, 2025 — The U.S. Court of Appeals for the Eighth Circuit today upheld a temporary block on SF 2340, Iowa’s worst-ever immigration law. The Iowa law was passed during the 2024 Iowa legislative session and was temporarily blocked by the courts just weeks after. It conflicts… Read More
Misguided Laken Riley Act Does Nothing to Fix the Problems That Plague Our Immigration System
WASHINGTON, JAN. 22, 2025 — Today, the House voted in the final step for passing S. 5, legislation that will have devastating implications for many immigrants in the United States and our system of legal immigration alike. The bill eliminates due process for many immigrants, including some… Read More
Seeking Stays of Removal
This practice advisory discusses the law, procedure, and practical tips for seeking a stay of removal from DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals. Read More
Judicial Review of Visa Decisions After the Supreme Court’s Decision in Department of State v. Muñoz
In Department of State v. Muñoz, 602 U.S. 899 (2024), the U.S. Supreme Court concluded that a U.S. citizen and her noncitizen spouse had no access to… Read More
Immigrants May Benefit While Others Lose Out From the Supreme Court’s Decision Overruling Chevron
The Supreme Court handed a momentous victory to supporters of deregulation on June 28 in Loper Bright Enterprises v. Raimondo, discarding the long-standing doctrine known as Chevron deference. The decision will almost certainly lead to a sea-change in how federal agencies are able to do their work, with huge… Read More
Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings
The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never provided them with a Notice to Appear (NTA) with the date and time of their immigration hearing. Under… Read More
Iowa Blocks Hateful Anti-Immigrant Law
In a victory for immigrant communities and families, on June 17 a federal district court in Iowa issued a preliminary injunction to block SF 2340, one of the worst, most far-reaching immigration laws ever passed in the state of Iowa. Read More
Government’s Move to Terminate Flores Agreement Could Leave Immigrant Children Unprotected
The Department of Justice asked a court to partially terminate the decades-old agreement that protects the rights of immigrant children earlier this month. The government argues that the Flores Settlement Agreement is no longer needed because a new Department of Health and Human Services regulation finalized on April… Read More
Federal Court Temporarily Blocks Key Provision of Florida’s Anti-Immigrant SB 1718
On May 22, a federal court blocked a section of a draconian anti-immigrant law passed by Govenor Ron DeSantis's government in Florida. Read More
America's story is an immigrant story.
