The brief was filed in Matter of A-B-, a case that CNN says centers around a woman who fled rape and abuse by her husband in El Salvador and asked for asylum in the United States. The Board of Immigration Appeals, which hears appeals from the immigration courts, found that the woman did qualify for asylum. … [Read more...] about Leave immigration law precedent on asylum for crime victims intact, ABA urges in amicus brief
Immigration law on asylum
Then there’s immigration detention, which the Texas Tribune notes is also up under the Trump administration. Rish believes House Democrats will take an active role in overseeing this as well. That could also moot a court case; in last winter’s Jennings v. Rodriguez, the Supreme Court punted back to the 9th U.S. Circuit Court of Appeals at San Francisco the issue of whether the government may constitutionally imprison immigrants in civil detention without periodic bond hearings. Johnson, who covered the case for SCOTUSBlog, and Schmidt think it’s likely to end up back at the high court. Interest in detained immigrant minors also remains high and is already in litigation, as the federal government attempts to implement a proposed rule undercutting limits on detaining minors and advocates for minors push back through the Flores litigation, described here by plaintiffs’ counsel the Center for Human Rights and Constitutional Law. … [Read more...] about Expect more headlines—and the unexpected—out of immigration law in 2019
One thing all three agreed on: There’s likely to be movement on both the Deferred Action for Childhood Arrivals program and temporary protected status. DACA is the program that provides work permits and relief from deportation to approximately 700,000 people brought to the United States illegally as minors; TPS provides similar benefits to several hundred thousand people who can’t return to their home countries because of bad conditions there. The administration of President Donald Trump has attempted to end DACA and many of the nation-specific TPS programs, but those attempts have been largely stayed by courts. … [Read more...] about What do experts predict will be the immigration law battles in 2019?
Ranking Member Zoe Lofgren (D-CA) criticized Republicans for arguing that the Obama Administration did not adequately enforce immigration law, noting that it conducted the highest volume of deportations of any previous administration. She argued that the Trump Administration was focused on attacking, shaming, and threatening local governments, rather than attempting to implement real immigration reform. She noted that the 10th Amendment prohibits state and local officials from being compelled to enforce federal immigration law, emphasizing that state and local officials know how best to protect their communities. She stated that President Trump’s Executive Order titled “Enhancing Public Safety in the Interior of the United States” has decreased public safety and created a culture of fear among immigrant communities in the United States. … [Read more...] about House Hearing Examines Enforcement of US Immigration Law
“Yet, there are numerous credible media accounts showing that exactly that is happening, and the administration needs to put an end to that right off,” she continued. “Ironically, it also encourages illegal crossing. If in fact — children are being separated from their parents when their parents attempt to cross legally with a claim of asylum." … [Read more...] about Susan Collins: Using Children to Fix Immigration Law ‘Not the Answer’