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Trump Immigration Tag

Posted by William A. Jacobson on September 25, 2017 11 Comments
When Trump rolled out a new Permanent Travel Order last night, I noted that there was a substantial question whether this rendered the pending Supreme Court case as to Trave Order No. 2 moot:
So what happens to the pending Supreme Court case? It seems that so much of the case as sought an injunction against Travel Order No. 2 is moot, meaning there’s nothing left to enjoin. I’d have to dig deeper into the pleadings to know if the entire case goes away, but it seems that much of it will.
The Supreme Court just posted an Order requesting briefing specifically on the question of mootness, and canceling the scheduled October 5 oral argument:

Posted by William A. Jacobson on September 24, 2017 31 Comments
It seems like ancient history, but the original and replacement Travel Orders were meant to be temporary, to provide time for a security review. Those Orders were demagogued as "Muslim bans" when they clearly were not. They applied to the seven highest risk countries for terrorist visa infiltration as identified by the Obama Department of Homeland Security. What ensued were outrageous lower and appeals court decisions against the Travel Orders that read frequently like political manifestos.

Posted by Mary Chastain on September 20, 2017 32 Comments
Officers arrested three Democratic congressmen outside of Trump Tower during a protest against President Donald Trump's policies on immigration. From Fox News:
Arizona Rep. Raúl Grijalva‏, Illinois Rep. Luis Gutiérrez and New York Rep. Adriano Espaillat were taken into custody by police, according to Grijalva’s campaign Twitter account and a Gutiérrez aide.

Posted by Kemberlee Kaye on September 16, 2017 51 Comments
Friday, a federal judge granted Chicago Mayor Rahm Emanuel his request for an injunction on a Justice Department advisory. In March, Attorney General Jeff Sessions held a press conference where he reiterated current federal regulations requiring local law enforcement officials to communicate with federal officials on certain immigration matters. Failure to do so, he explained, could result in loss of federal funding. Last month, Emanuel requested an injunction on DOJ policy.

Posted by Kemberlee Kaye on September 14, 2017 50 Comments
Late Wednesday night, Democrats Sen. Schumer and White House Minority Leader Nancy Pelosi announced they'd reached a deal with Trump on DACA and that funding for Trump's campaign cornerstone, the border wall, was not part of the agreement, though they'd agreed to include some form of beefed up border security. Trump and White House Press Secretary Sarah Huckabee Sanders both denied any deal was made.

Posted by William A. Jacobson on September 12, 2017 9 Comments
Yesterday Justice Kennedy issued a temporary stay of the 9th Circuit's ruling as to refugees, whose entry is put on hold under the Trump Travel Order No. 2. Today the full Supreme Court granted the stay:
The application for stay of mandate presented to Justice Kennedy and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 17-16426 is stayed with respect to refugees covered by a formal assurance, pending further order of this Court.

Posted by Leslie Eastman on September 09, 2017 60 Comments
Earlier this week, Professor Jacobson reported that 14 states were suing the Trump administration for the phasing out of Deferred Action for Childhood Arrivals program (aka, DACA). Legal Insurrection fans may have been a bit surprised that California was not listed among those states. It appears that our state's officials were simply holding out to file one of their own, which is in keeping with the war they have apparently declared on President Trump.

Posted by Kemberlee Kaye on September 07, 2017 32 Comments
Thursday night, the 9th Circuit Appellate Court struck another blow to Trump's second, scaled down travel order. The latest, in this unnecessarily long and drawn out saga, is the 9th Circuit's opinion allowing just about every family member of foreign nationals receiving visitor benefits exemption from the president's travel order which took aim at countries known to be state sponsors of terror (Iran, Libya, Somalia, Sudan, Syria, and Yemen).

Posted by William A. Jacobson on September 06, 2017 68 Comments
New York Attorney General Eric Schneiderman, in a Facebook live event, announced that New York and 14 other states plus the District of Columbia have filed a Complaint attempting to halt the phasing out of the DACA program as announced yesterday by U.S. Attorney Jeff Sessions. The Complaint (pdf.) is embedded below.

Posted by Mark Finkelstein on September 06, 2017 38 Comments
On CNN this morning, Daily Beast editor-in-chief and CNN political analyst John Avlon painted a very dark picture of Attorney General Jeff Sessions and his potential use of data provided to the federal government by "Dreamers." Said Avlon:

"They are facing deportation after they gave their information and their addresses to the federal government. And all of a sudden now, Jeff Sessions . . . is in a position to weaponize that data, and go after these Dreamers, in a way that could be incredibly ugly in six months and is sinister."

Posted by Kemberlee Kaye on September 05, 2017 32 Comments
Former President Obama descended from his ivory tower Tuesday to criticize the Trump administration's changes to the Deferred Action for Childhood Arrivals or DACA program. Earlier Tuesday, Attorney General Sessions announced the administration would begin winding down the program, kicking the can to Congress to act.

Posted by Kemberlee Kaye on September 05, 2017 33 Comments
Later this morning, Attorney General Jeff Sessions is expected to make a statement announcing the winding down of the long-controversial DACA program (Deferred Action for Childhood Arrivals) affecting so-called DREAMers (live stream below), children who were brought to the United States by their parents and who entered the country without obtaining legal status benefit from DACA. Since the program's creation in 2012, DACA has never provided legal status, but has issued legal work authorization and the promise of deferred removal action. Neither is DACA law -- it's a DHS policy created by the Obama Administration, one widely considered well beyond the bounds of presidential authority.
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