LexisNexis® Legal Newsroom
Why the Scott Gardner Act is Unconstitutional…and a Bad Idea

"Immigration hardliners never hesitate to claim the mantle of “states’ rights” when defending laws like Arizona SB 1070. But those wanting local cops to double as federal immigration agents were conspicuously silent at a congressional hearing on Wednesday on the Scott...

Federal appeals court agrees Farmers Branch renters’ ordinance targeting immigrants is unconstitutional

Dianne Solis, Dallas Morning News, Mar. 21, 2012 : "A federal appeals court has upheld a lower court’s ruling that a Farmers Branch ordinance banning illegal immigrants from renting in the city. The decision by the Fifth U.S. Circuit Court of Appeals in New Orleans Wednesday...

Dallas Suburb to Ask for Full CA5 Review of Immigrant Rental Ban Case

"Lawyers for Farmers Branch asked Wednesday for a rehearing of the city’s immigration ordinance before the full 18-member 5th U.S. Circuit Court of Appeals in New Orleans. The city’s ordinance banning [unauthorized] immigrants from renting in the city has been repeatedly struck ...

Tuition Rulings 'Straightforward' - Olivas

"The latest ruling came on Friday from a federal court in Florida, which threw out state regulations defining American children of parents without legal immigration status as out-of-state residents, ineligible for tuition breaks given to state residents at public colleges and universities. ... In...

CA5: Farmers Branch Rental Ordinance Unconstitutional

"The Ordinance at issue in this case and passed by the active citizens of the City of Farmers Branch (“Farmers Branch”) seeks to regulate non-citizens who reside in the United States contrary to law. Farmers Branch, Tex., Ordinance 2952 (Jan. 22, 2008), permanently enjoined by Villas...

Federal Judge Declares ICE’s Nationwide Shackling Policy Unconstitutional

"U.S. Judge Michael Ponsor declared the government’s nationwide policy of shackling detainees during immigration court proceedings unconstitutional, calling it an affront to a person’s dignity. Even the safety considerations cited by the government did not provide it with “unlimited...

CA9: Ariz. Prop. 100 Unconstitutional - Lopez-Valenzuela v. Arpaio

"Arizona law categorically forbids granting undocumented immigrants arrested for a wide range of felony offenses any form of bail or pretrial release, even if the particular arrestee is not a flight risk or dangerous. We must decide whether such an absolute denial comports with the substantive component...

Rogue Jurist Questions Executive Action on Immigration

"A federal judge in Pittsburgh ruled Tuesday that President Barack Obama overstepped his authority and violated the Constitution when he issued an executive order last month to delay deportation for millions of people living in the U.S. illegally. In an opinion issued in a local case of a Honduran...