Federal Courts/Jurisdiction
First Circuit Holds That Immigrants Can Pursue Cases From Outside the United States
Washington, D.C. – Last week, the First Circuit Court of Appeals held that individuals who have been deported must have the opportunity to pursue motions to reopen their cases from outside the United States. A motion to reopen is an important procedural safeguard that helps ensure noncitizens are afforded… Read More
ICE Agrees to Release Thousands of Previously-Withheld Records
Washington, DC – Yesterday, a U.S. District Court in Connecticut approved a settlement in a Freedom of Information Act (FOIA) lawsuit challenging the refusal of Immigration and Customs Enforcement (ICE) to release tens of thousands of documents about the Criminal Alien Program (CAP), one of the agency’s largest enforcement… Read More
Former Attorney General Gets it Wrong on DOMA and Same Sex Immigration Benefits
Former Attorney General Alberto R. Gonzales is advocating in the New York Times that the Supreme Court decision in U.S. v. Windsor, which invalidated Section 3 of the Defense of Marriage Act (DOMA), should not allow the Obama administration to afford immigration benefits to married, same-sex bi-national couples. Rather, he argues, the administration is bound by a disturbing, 30-year-old Ninth Circuit case, Adams v. Howerton, which rested on discriminatory and outdated law and facts. Essentially, Mr. Gonzales is urging that the administration ignore 30 years of social progress and legal developments and return to a 20th century mentality and jurisprudence. He is mistaken. Read More
Supreme Court’s DOMA Decision Good for Economic Competitiveness
In the global economy of the twenty-first century, a globally mobile workforce is critical to remaining competitive. Yet for LGBT employees, their families, and their employers, significant barriers remain in place. The Supreme Court’s June 26 decision in United States v. Windsor finding part of the Defense of Marriage Act (DOMA) unconstitutional has clear and direct benefits for married same-sex couples, including bi-national couples. But beyond the benefits to married couples themselves, the Court’s decision is also a win for economic competitiveness. Specifically, the DOMA ruling makes U.S. businesses more globally competitive because they now can attract and retain foreign-born employees who want to stay in the United States with their same-sex spouses. Read More
Supreme Court Strikes Down DOMA, Affirms Immigration Rights of Gay and Lesbian Couples
Today, the Supreme Court issued its decision in the case United States v. Windsor, striking down section 3 of the Defense of Marriage Act, or DOMA, on the basis that it violated equal protection under the due process clause of the 5th Amendment. DOMA established an exclusively heterosexual definition of “marriage,” and denied same-sex couples any federal benefits, including immigration benefits. This is a historic day for gay and lesbian marriage rights, as DOMA disqualified same-sex couples from over a thousand federal benefits, and made same-sex couples in committed relationships second-class citizens in the eyes of the federal government. Read More
House Immigration Bill Promotes Old Model Immigration Solutions
Today the House held a hearing on H.R. 2278, the "Strengthen and Fortify Enforcement Act" (the SAFE Act), which is designed, as its name suggests, to be a lopsided, enforcement-only bill that imposes additional criminal penalties, border security, and detention and deportation, while encouraging discredited policies such as self-deportation and state interference with immigration law. Instead of these old enforcement-only policies, which do not work, what is needed is a comprehensive solution that fixes our broken legal immigration system and provides a path to earned legalization. Read More
Lawsuit Seeks to Learn How Government Responds to Complaints of Misconduct by Immigration Judges
Washington, DC – The public has a right to know whether the government adequately investigates and resolves complaints alleging misconduct by immigration judges, the American Immigration Lawyers Association (AILA) said in a lawsuit filed today in federal district court in Washington, D.C. The lawsuit, filed under the Freedom of Information… Read More
Moncrieffe v. Holder: Implications for Drug Charges and Other Categorical Approach Issues
Washington, D.C.—Last week, the Supreme Court issued a decision in Moncrieffe v. Holder, holding that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. The case has important implications not only… Read More
Eleventh Circuit Holds that Filing Limitations on Motions to Reopen Are Subject to Equitable Tolling
For Immediate Release Washington, D.C. – Over the last two weeks, the Eleventh Circuit issued two decisions holding that the time and numerical limitations on motions to reopen are subject to equitable tolling. Noncitizens ordered removed in the Eleventh Circuit now may seek, under certain circumstances, to reopen… Read More
Immigration Reform is an LGBT Issue
By Victoria Neilson, Legal Director, Immigration Equality. This week the U.S. Supreme Court is hearing oral arguments in two cases, Hollingsworth v. Perry and United States v. Windsor, that will forever change the course of the struggle for lesbian, gay, bisexual, and transgender (LGBT) equality. While we are hopeful that the Court will strike down the Defense of Marriage Act (DOMA) thereby clearing the way for the federal government, including U.S. Citizenship and Immigration Services and the Department of State, to honor our marriages, no one can predict with any certainty what the Court will do. Read More
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