Ninth Circuit Appeals Court Grants More Protections for Asylum Seekers

Ninth Circuit Appeals Court Grants More Protections for Asylum Seekers

The number of migrants seeking asylum at the southern border of the US has been steadily rising. Trump’s administration has tried to make claiming asylum harder by narrowing grounds for winning asylum, imposing daily entry quotas, and forcing people to stay in Mexico while awaiting a decision.

Earlier this week, a federal appeals court ruled that applicants who are initially denied asylum have a right to appeal their case. The Trump administration will likely try to appeal this historic ruling before the Supreme Court. Read the New York Times’ reporting on this historical case at: https://www.nytimes.com/2019/03/07/us/asylum-seekers-ninth-circuit.html

Meet the immigrant who got a second chance from Justice Neil Gorsuch

Meet the immigrant who got a second chance from Justice Neil Gorsuch

In 2010, James Dimaya’s no contest plea for residential burglargies led an Obama administration immigration judge to bring removal proceedings against the lawful permanent resident. Arguing the law used against him was unconstitutionally vague, Dimaya’s lawyers challenged the order.

Dimaya’s case made it to the Supreme Court, where he worried that Trump-appointed Justice Neil Gorsuch would surely rule against him. Much to Dimaya’s relief, Gorsuch sided with the liberal side of the court.

Some are wondering if this indicates a trend where Gorsuch will lean more liberal than Trump expected, but it’s more likely a signal of his position on vague laws. He probably won’t be pro-immigrant on every case, but I think Congress will need to be more careful when drafting immigration laws if they’re hoping for favorable rulings from Gorsuch.

Read the story on CNN at: https://edition.cnn.com/2019/03/05/politics/james-dimaya-justice-neil-gorsuch/

Texas’s DACA Challenge Sets Up Supreme Court Showdown

Texas’s DACA Challenge Sets Up Supreme Court Showdown

In an interview with Bloomberg, I discuss the concern that Texas’s recent DACA challenge could force the issue into the Supreme Court.

Should U.S. District Judge Andrew Hanen decide in favor of Texas, he would be in conflict with other U.S. District Judges on the same matter. This could well mean that the issue would be mediated by the U.S. Supreme Court:

““If this judge issues an injunction in Texas’s favor, that definitely gives Trump political cover to say his hands are tied, that he’d like to be compassionate, but a judge made him end DACA,” Yale-Loehr, who has written a 21-volume treatise on immigration law, said in a phone interview. “Then the Justice Department can go back to the Supreme Court and ask them to take up the case now” rather than wait until the other judges’ decisions wind their way up through appellate courts, he said.”

While some feel this would be the end of  DACA, the outcome could still be uncertain:

…”no one can predict with certainty how the recently reconstituted high court will view immigration policies implemented by a president without congressional approval, which is the complaint that both Texas and the Trump administration have lodged against the Obama initiatives. ( – Bloomber Politics)”

Click on the link below to read the full article:

https://www.bloomberg.com/news/articles/2018-05-02/texas-s-daca-challenge-sets-up-supreme-court-dreamer-showdown

 

CNN, LA Times, and more: Supreme Court detention case, latest on DACA

CNN, LA Times, and more: Supreme Court detention case, latest on DACA

TIME: When Does DACA Expire? The Supreme Court Just Gave Dreamers More Time

TIME: When Does DACA Expire? The Supreme Court Just Gave Dreamers More Time

On February 26, the Supreme Court ruled to reinstate the DACA program, overruling a March 5 deadline set by the Trump administration for Congress to decide on the fate of the program.

I was quoted in the article, here:

The Supreme Court’s order and the previous judicial rulings keep the Trump administration from ending the program on March 5, but around 100 DACA recipients have been losing their work permits and deportation deferrals every day, notes Cornell Law professor Stephen Yale-Loehr. “The uncertainty is causing problems for both DACA recipients and their employers,” he said. “Today’s ruling throws the DACA program back into Congress’ lap.”

View the article on TIME.com, here: http://time.com/5175496/supreme-court-daca-dreamers-deadline/