Category Archives: Immigration

History of the Court, Immigration, News Update

Birthright Citizenship, the President, and the Supreme Court

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Last week, President Donald Trump declared his intent to use an executive order to limit the right of birthright citizenship. The principle that anyone born on American soil is a citizen of the United States is based in the Fourteenth Amendment to the Constitution, which was ratified in 1868. The Amendment opens with the declaration, … Continue reading Birthright Citizenship, the President, and the Supreme Court →

Immigration, OT 2017, Weekly Roundup

April Argument Review III – Trump v. Hawaii and Presidential Statements

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Trump v. Hawaii, the challenge to the third version of the travel ban issued by President Trump, was the last argument of the Term, argued on April 25.  The case featured two extremely experienced advocates: former Acting Solicitor General for the Obama Administration, Neal Katyal, representing the state of Hawaii, and current Solicitor General, Noel … Continue reading April Argument Review III – Trump v. Hawaii and Presidential Statements →

Immigration, News Update

DACA & SCOTUS

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The Justice Department has asked the Supreme Court to take the unusual step of reviewing a federal judge’s order temporarily blocking President Trump’s decision to end the Deferred Action for Childhood Arrivals program (DACA). As Ariane de Vogue of CNN explains, the Supreme Court disfavors bypassing lower courts for direct review in these situations. Typically, the … Continue reading DACA & SCOTUS →

Immigration, OT 2016

Obama’s Immigration Program and the Supreme Court

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The Supreme Court agreed last week to review a legal challenge to President Obama’s plans to use his executive power to revamp immigration policy, and since then commentators have been weighing in with explanations and prognostications.  Here is a survey of where the issue now stands. The case of United States v. Texas involves a … Continue reading Obama’s Immigration Program and the Supreme Court →

Immigration, OT 2011

Court Strikes Down Most of Controversial Immigration Law

The Supreme Court today rejected most of the state of Arizona’s controversial immigration enforcement law as unconstitutionally infringing on the Federal government’s powers. While most of the law was struck down, one provision, which allows state law enforcement personell to inquire about immigration status where there is reasonable suspicion that an individual might be in … Continue reading Court Strikes Down Most of Controversial Immigration Law →

Federalism, Immigration, OT 2011

Final Week of Arguments

The Court this week will hear the the final arguments of the 2011 Term. The last argument, on Wednesday, will be in Arizona v. United States, the widely watched challenge to Arizona’s controversial immigration law. The Court is expected to issue opinions on all pending cases by late June. New cases are already being docketed … Continue reading Final Week of Arguments →