Federal Courts/Jurisdiction
After 30 Years, Plyler v. Doe Decision Survives but Remains Under Attack
Thirty years ago today, the Supreme Court issued its landmark decision in Plyler v. Doe, holding that states cannot deny a free public education to students for lack of valid immigration status. The decision has since opened the schoolhouse doors to untold numbers of children who might otherwise be deprived of a basic education. Yet today, the decision remains under continued attack from critics who—as part of an ongoing effort to put the issue back before the Justices—appear willing to sacrifice the welfare of U.S. citizens. Read More
After 30 Years, Plyler v. Doe Decision Survives but Remains Under Attack
Thirty years ago today, the Supreme Court issued its landmark decision in Plyler v. Doe, holding that states cannot deny a free public education to students for lack of valid immigration status. The decision has since opened the schoolhouse doors to untold numbers of children who might otherwise be deprived of a basic education. Yet today, the decision remains under continued attack from critics who—as part of an ongoing effort to put the issue back before the Justices—appear willing to sacrifice the welfare of U.S. citizens. Read More
Public Education for Immigrant Students: Understanding Plyler v. Doe
This fact sheet provides an overview of the Supreme Court’s decision in Plyler v. Doe and subsequent efforts by states and localities to avoid compliance with the decision. Read More
Legal Action Center Files Suit Against DHS for Failure to Disclose Records on “Voluntary” Returns
Washington D.C. – Yesterday, the Legal Action Center (LAC) at the American Immigration Council, in collaboration with Hughes Socol Piers Resnick & Dym, filed suit against Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) for unlawfully withholding records concerning voluntary returns of noncitizens from the United… Read More
After Justice Department Admits Mistake, Immigrant Advocates Ask Supreme Court to Fix Prior Opinion
Of the many problems with our immigration system, one of the least known—but most frustrating—is that when the government deports immigrants whose appeals are still pending, it offers little to no help returning to the United States if they ultimately prevail in court. Immigrant advocates were thus perplexed when the Justice Department filed a Supreme Court brief in 2008 claiming to have a “policy” of helping such immigrants return to the country. Now, more than three years after the brief was filed, the current administration has conceded that no such policy existed at the time—and immigrant advocates have asked the Court to modify a portion of its ruling that relied on the government’s misstatement. Read More
Supreme Court Asks Hard Questions at Oral Arguments Over Arizona SB 1070
Almost two years to the day after Arizona enacted the notorious immigration law known as SB 1070, the Supreme Court heard arguments in what could be the first of many cases over the validity of the measure. Although most critics of the law have focused on its potential for civil rights violations, the only question before the Justices was whether federal immigration laws “preempt” four provisions of SB 1070 that were blocked by lower courts. While the ultimate fate of those provisions will not be known until a ruling is announced, a few preliminary observations can be made based on the questions posed by the Justices. Read More
Five Things to Know Before the Supreme Court Hears Arguments on Arizona SB1070
In less than 48 hours, the Supreme Court will hear oral arguments in Arizona v. United States, the long-anticipated dispute over the legality of SB 1070. More than any case in recent history, the dispute raises fundamental questions about the role of states in the enforcement of federal immigration law. The Court’s decision could thus determine not only the future of SB 1070, but the fate of other state immigration laws being challenged in court and the odds of similar laws being passed around the country. While much ink has already been spilled about the case, below we’ve highlighted five important facts to remember before the argument. Read More
The Council Applauds Supreme Court Decision Rejecting Retroactive Application of Immigration Law Provision
Washington, D.C.—Yesterday morning, the Supreme Court issued an important decision, Vartelas v. Holder, No. 10-1211, rejecting the retroactive application of a provision of a law passed by Congress in 1996 that has prevented many lawful permanent residents (LPRs) from returning to the United States after a trip abroad. Citing… Read More
En Banc Court Reverses Adverse Holding, Says Immigrants Can Pursue Cases from Outside U.S.
Washington, D.C.- Today, an en banc panel of the U.S. Court of Appeals for the Tenth Circuit rejected the government’s attempt to bar noncitizens from seeking to reopen their cases from outside the United States. This is the seventh appellate court to find the “departure bar”—a regulation barring noncitizens from… Read More
LAC Urges Fifth Circuit to Permit Removal Cases to Continue from Outside the United States
Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Circuit Court of Appeals to reject the departure bar, a regulation that the Board of Immigration Appeals (BIA) interprets as barring it from reviewing cases… Read More
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