Federal judge: Obama’s immigration action is unconstitutional

For the first time, a federal judge announced yesterday that the widely discussed immigration enforcement actions issued by President Obama last month are unconstitutional. United States v. Juarez-Escobar, No. 14-0180 (W.D. Pa. Dec. 16, 2014). The judge’s opinion resulted from a routine criminal prosecution for illegal reentry, INA § 276, a federal felony that now comprises comprised upwards of 40% of cases referred to federal prosecutors nationwide as recently as fiscal year 2010 but that constituted a lower quarter or so of new criminal filings in FY 2013--down from historic highs but [...]

Crimmigration gift ideas

The season of gift giving is upon us once more and, like everyone else, crimmigrationistas love a meaningful gift. To help guide folks who have a special crimmigrationista in their lives, I’ve put together a short list of topical gift ideas that cover every price range. Electronic Statute, Regulations, and Rules Handbook The laws that crimmigrationistas deal with are a complicated mess. The Immigration and Nationality Act plus the bevy of regulations that operationalize it have been described as “‘second only to the Internal Revenue Code in complexity.’” Castro-O’Ryan v. INS, 847 F.2d [...]

Racial profiling in immigration policing lives on

Racial profiling may be out of favor within many circles, but it remains alive and well when it comes to immigration policing along the border. Yesterday Attorney General Eric Holder released the Justice Department’s latest guidance on the use of race, ethnicity, and other protected categories (gender, national origin, religion, sexual orientation, and gender identity) by federal law enforcement officials. U.S. Department of Justice, Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, or Gender Identity [...]

17 states sue federal government over its immigration priorities

And so it begins. Republicans have been clamoring about the illegality of President Obama’s announced immigration priorities since long before he stepped in front of the cameras last month. Yesterday they took a crucial first step toward forcing a court to decide whether they’re correct. Led by Texas Governor-elect Greg Abbott, currently the state’s Attorney General, seventeen states and four governors sued the federal government in an attempt to stop implementation of the Administration’s immigration enforcement strategy. Complaint for Declaratory and Injunctive Relief, State of Texas v. [...]

Connect with crImmigration.com

I’ll be taking a few days off from blogging while traveling for the Thanksgiving holiday. To be sure you don’t miss any updates, I hope you’ll consider doing like almost 500 other crimmigrationistas have done and subscribing to crImmigration.com. Subscribing is easy and free. Just enter your email address in the “subscribe” box in the column to the right. You will only receive email when I update the blog—most Tuesday and Thursday mornings. You can unsubscribe whenever you like. And if you’re interested in staying up-to-date on the latest news related to crImmigration, then consider [...]

No right to attorney for credible fear interview, says immigration judge

An immigration judge at the San Antonio Immigration Court took the bold step of explaining, in writing, that a migrant asking for asylum is not entitled to representation during the credible fear interview portion of the asylum request process. The migrant’s attorney, Ala Amoachi has kindly sent me a redacted copy of the judge’s order and granted me permission to post it here. In his order denying a rather mundane motion for a telephonic hearing, Immigration Judge Gary Burkholder wrote: “Respondent is entitled to consultation, not representation.” To provide a bit of context, this case [...]

Ohio students & advocates sue Border Patrol to get immigration policing records

This week students from Ohio State University’s Civil Law Clinic and the Ohio legal services group Advocates for Basic Legal Equality, Inc. (ABLE) jointly sued the Border Patrol in a continued attempt to gather documents about the agency’s immigration policing practices in northern Ohio. The students and advocates are concerned about reports of racially biased policing by the Border Patrol’s Sandusky Bay Station. Sandusky is located on the coast of Lake Erie about one hour west of Cleveland. Their suspicion is buttressed by a statistical analysis of three years of apprehension log data done [...]

Executive authority & prosecutorial power in immigration law

Rumors are twirling that President Obama will soon announce his plans for reshaping the immigration law regime through use of his extensive executive authority. The president and high-level administration officials have repeatedly stated that such an announcement will be made before the end of the year, but recent news reports suggest it might happen as early as this week. Much has been written about the extent of the president’s legal authority, including some very well reasoned legal analyses by top-notch scholars. Stephen Legomsky, the former chief counsel at the U.S. Citizenship and [...]