Tag Archives: immigration law

Chevron Goes Missing In An Immigration Case. Again.

by Michael Kagan — Tuesday, Mar. 19, 2019@MichaelGKagan

The Supreme Court issued its decision in Nielsen v. Preap today. The words “Chevron” and “defer” do not appear anywhere in any of the opinions. Not in the majority opinion by Justice Alito. Nor in the dissent by Justice Breyer. Nowhere. Nielsen v. Preap (SCOTUSblog page here) is about the interpretation of the mandatory detention […]

The Other Birthright Citizenship Question—Who Decides?, by Gillian Chadwick & David S. Rubenstein

by Guest Blogger — Monday, Nov. 5, 2018

President Trump sparked a frantic response from advocates and scholars this week when he announced that he could terminate birthright citizenship for children of undocumented parents with an executive order. The bulk of that response has focused on the question of what the Constitution means with respect to birthright citizenship. The other question raised by […]

Brett Kavanaugh and the Case of the Brazilian Gauchos

by Michael Kagan — Tuesday, July 24, 2018@MichaelGKagan

Because he sat on the D.C. Circuit, Supreme Court nominee Brett Kavanaugh did not decide many immigration cases. There are no immigration courts in the District of Columbia. As a result, petitions for review of orders of removal — the most common type of immigration appeal in the federal courts — do not reach his […]

United States v. California: A Preliminary Assessment of the Challenge to California’s “Immigrant Worker Protection Act,” by Bernard W. Bell

by Guest Blogger — Saturday, Mar. 31, 2018

Many jurisdictions seek to protect undocumented aliens by adopting “sanctuary” policies. Those policies generally constrain the conduct of a state or local government’s own employees. They (1) prohibit public employees from gathering information on the immigration status of those with whom they interact, (2) limit public employees from sharing any such information collected with ICE, […]

Immigration Administrative Processing: FOIA Response from Department of State, by Shoba Sivaprasad Wadhia

by Guest Blogger — Monday, July 10, 2017

In April 2014, the Center for Immigrants’ Rights Clinic (on behalf of Maggio & Kattar) filed a FOIA request seeking information about the Department of State’s Administrative Processing Program. This same year, we researched and prepared a “Frequently Asked Questions” document that is available here. Administrative processing, also known as Security Advisory Opinion (SAO), is […]

Scrubbing Away Transparency and Our Immigration Resources, by Geoffrey A. Hoffman

by Guest Blogger — Monday, July 10, 2017

The EOIR Benchbook, as well as other resources, such as Asylum Officer Basic Training lesson plans and now parts of the Department of State’s Foreign Affairs Manual, have been scrubbed from official federal websites.  It shows a disturbing trend toward lack of transparency and accountability.  It begs the question, does it mean the judges are no longer […]

What 2016 Gorsuch Opinions Could Mean for 2017 Re-Argument in Sessions v. Dimaya

by Michael Kagan — Monday, July 3, 2017@MichaelGKagan

At the end of its term, a shorthanded and evidently evenly divided Supreme Court scheduled two immigration cases for re-argument next term when nine justices can hear the cases. Of the two, Sessions v. Dimaya stands out because the ninth and newest justice has very recently issued opinions that seem to bear directly on key […]

“Not a One-Person Show”: Trump as Administrator-in-Chief of the Immigration Bureaucracy, by Ming H. Chen

by Guest Blogger — Wednesday, June 21, 2017

[6/28/2017 Update: When the travel ban is heard in the Supreme Court’s October 2017 term, the core issue will be the President’s leadership of the executive branch, an issue mired in administrative law as much as immigration and Constitutional law.] Recent events paint a portrait of what President Trump is like as a boss. It […]

Understanding the Final Rule Ending NSEERS, by Shoba Sivaprasad Wadhia

by Guest Blogger — Friday, Dec. 23, 2016

Effective December 23, the regulation giving rise to NSEERS or special registration is officially terminated. The magnitude of this win for Muslim, Arab and South Asian organizations; rights groups; and the rule of law cannot be underestimated as it comes on the heels of nearly 15 years of uphill and tireless work to defend those […]

Whoever has the Power, Remember the Procedure, by Jill Family

by Guest Blogger — Monday, Mar. 14, 2016

Procedural fairness is not a policy priority in immigration law. Yes, the Supreme Court will hear oral argument soon in Texas v. United States, a case that raises questions about whether the Department of Homeland Security used appropriate procedures in formulating a prosecutorial discretion plan. In that case, some states are challenging the policy, arguing […]