Immigration News

The Funniest Moments Of The Supreme Court's Term

Law360 (July 13, 2020, 3:35 PM EDT) — Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term’s U.S. Supreme Court arguments.Dialogue has been edited for length and clarity.Peter v. NantKwest Inc.This case involved the U.S. Patent and Trademark Office’s efforts to seek attorney fees under the Patent Act — a reversal of how it had interpreted the statute for 170 years.Justice Breyer, long known for floating…

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DACA Ruling Raises Bar For Assertions Of Agency Deference

DACA Ruling Raises Bar For Assertions Of Agency Deference 1 Immigration News DACA Ruling Raises Bar For Assertions Of Agency Deference

Law360 (July 13, 2020, 2:41 PM EDT) — The government’s approach to administrative law matters took another blow recently when the U.S. Supreme Court, in an opinion written by Chief Justice John Roberts, blocked the government from terminating the controversial Deferred Action for Childhood Arrivals program in U.S. Department of Homeland Security v. Regents of the University of California. The ruling preserves administrative protections for hundreds of thousands of young unauthorized immigrants who have lived most of their lives in the U.S.[1]The court did not rule on the validity of the DACA program, but remanded the matter to the Department of Homeland Security for further proceedings.This decision…

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17 States Sue To Block Trump's Pandemic Student Visa Policy

17 States Sue To Block Trump's Pandemic Student Visa Policy 2 Immigration News 17 States Sue To Block Trump's Pandemic Student Visa Policy

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Law360 (July 13, 2020, 12:27 PM EDT) — As a lawsuit by Harvard and MIT speeds towards a Wednesday ruling, Massachusetts Attorney General Maura Healey and 17 state AGs filed their own suit Monday seeking to block a Trump Administration policy barring foreign students from the United States if their colleges go online during the COVID-19 pandemic.Healey’s suit, announced just moments before a scheduled rally with international students on the steps of the Massachusetts State House, is similar to the one filed last week by the Cambridge universities and includes a motion for a preliminary injunction to keep the policy from going into effect.”The Trump Administration didn’t even attempt to explain the basis for this senseless rule, which forces schools to choose between keeping their international students enrolled and protecting the health and safety of their campuses,” Healey said in a statement Monday.”Massachusetts is home to thousands of international students who make invaluable contributions to our educational institutions, communities, and economy,” she added. “We are taking this action today to make sure they can continue to live and learn in this country.”The states’ suit, like the one brought by the colleges, has been assigned to U.S. District Judge Allison D. Burroughs. The Harvard and MIT case is due in court Tuesday, when attorneys for the schools and the government will argue over the injunction bid.Judge Burroughs has said she will rule on the issue by Wednesday, which is the deadline set by the federal government for universities to let U.S. Customs and Immigration Enforcement know what their plans are for in-person instruction this fall.Healey argued there is no rationale given for ICE’s abrupt policy shift and that the federal government “failed to consider the health and safety of our students, faculty, staff, and the untold other residents of our states with whom they interact.”ICE also did not consider the costs and chaos the sudden change would impose on students, some of whom are already trying to return to the U.S. and being denied entry, as well as schools who are scrambling to figure out what their fall semester will look like.An ICE representative did not immediately respond to a comment request Monday but, just moments after Healey’s suit was filed, the agency filed its opposition to a preliminary injunction in the Harvard and MIT case, arguing that it has the discretion to implement the policy change.In addition to the Harvard and MIT suit and the one filed Monday by the states, several other suits have been filed around the country attacking the Trump Administration policy, including one on Friday by Johns Hopkins University and another filed the same day by a group of international law students at University of California Irvine.The states are represented by Abigail Taylor of the Massachusetts Attorney General’s Office.Counsel information for the federal government was not immediately available.The case is Commonwealth of Massachusetts et al v. United States Department of Homeland Securityet al, case number 1:20-cv-11311in U.S. District Court for the District of Massachusetts.
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Trump Vows To Pave 'Road To Citizenship' For Dreamers

Trump Vows To Pave 'Road To Citizenship' For Dreamers 3 Immigration News Trump Vows To Pave 'Road To Citizenship' For Dreamers

Law360 (July 10, 2020, 11:25 PM EDT) — President Donald Trump on Friday said he was planning to issue an executive order on immigration that would, in part, create a “road to citizenship” for Deferred Action for Childhood Arrivals program recipients, telling a Telemundo anchor that “people are going to be very happy with it.”Trump made his statements during an interview with Noticias Telemundo anchor Jose Diaz-Balart, who initially remarked that the president “seems to be laser-focused on deporting DACA.” Last month, Trump said he was renewing efforts to rescind DACA, an Obama-era program that offers deportation relief and work permits to young immigrants brought to the U.S….

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DOJ Fights Block Of Trump’s Asylum Policy At 9th Circ.

The government urged the Ninth Circuit Friday to vacate an order prohibiting U.S. Customs and Border Protection from rejecting asylum claims from 26,000 migrants who were waiting in Mexico to be processed when the Trump administration’s third-country transit rule took effect, arguing that the rule applies and to find otherwise is “clearly wrong.”

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180 Schools Back Harvard, MIT In Trump Visa Policy Fight

A slew of universities and colleges urged a Massachusetts federal court Friday to block a Trump administration policy barring foreign students from the U.S. if institutions offer online-only instruction during the coronavirus pandemic, calling the directive “abrupt,” “arbitrary” and “devastating” for schools and students.

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The Majority Of One: How Roberts Is Shaping The Court

The Majority Of One: How Roberts Is Shaping The Court 4 Immigration News The Majority Of One: How Roberts Is Shaping The Court

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Breaking Down The Vote: The High Court Term In Review

Breaking Down The Vote: The High Court Term In Review 5 Immigration News Breaking Down The Vote: The High Court Term In Review

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The Firms That Won Big At The Supreme Court

The Firms That Won Big At The Supreme Court 6 Immigration News The Firms That Won Big At The Supreme Court

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Let's Create An Ethical Obligation For Attys To Fight Racism

Let's Create An Ethical Obligation For Attys To Fight Racism 7 Immigration News Let's Create An Ethical Obligation For Attys To Fight Racism

Law360 (July 10, 2020, 4:26 PM EDT) — The protests and demonstrations arising from the murder of George Floyd and so many others — Ahmaud Arbery, Breonna Taylor and Rayshard Brooks, in just recent weeks — opened the world’s eyes to the extent of systemic racism here in the U.S. and beyond. All of us in the legal profession — a profession uniquely positioned to advance equal justice for all — should find it is unconscionable that society permits racism and its accompanying inequities to continue to plague our country as virulently as COVID-19.Yet, despite our roles as practitioners, judges, legislators, and civic and community leaders, the legal…

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