Petition for Writ of Certiorari - "The Department of Homeland Security has long engaged in “a regular practice * * * known as ‘deferred action,’” in which the Secretary “exercis[es] [his] discretion” to forbear... Read More
Amy Howe, July 18, 2016 - " The filing by Acting Solicitor General Ian Gershengorn acknowledged that it is “exceedingly rare” for the Court to agree to rehear a case. But, the Obama administration emphasized, the Court did precisely that... Read More
Cornell law professor and co-editor of the 21-volume 'bible' of immigration law , Stephen Yale-Loehr, is quoted in multiple media outlets, including CNN , the New York Times and Law360 regarding USA v. Texas , the Supreme Court case that will... Read More
Transcript of USA v. Texas Supreme Court Oral Argument, Apr. 18, 2016 Read More
Tuesday, Apr. 19, 2016, Yosemite National Park* Professors, practitioners, bloggers and reporters are reacting to yesterday's Supreme Court oral argument. (Transcript here .) A sample: Will Chief Justice Roberts Give the Administration a... Read More
UNITED STATES, ET AL., PETITIONERS v. TEXAS, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT [June 23, 2016] PER CURIAM. The judgment is affirmed by an equally divided Court. [Stand by for commentary... Read More
SCOTUSblog, Mar. 4, 2016 - "Issue: (1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the... Read More
Amy Frykholm, June 6, 2016 - "[T]he future of DACA is threatened. Stephen Yale-Loehr , professor of immigration studies at Cornell University, says that a court decision against the expansion of DACA (or one that reverts to the lower court’s... Read More
White House, June 23, 2016 - "[O]one of the reasons why America is such a diverse and inclusive nation is because we’re a nation of immigrants. Our Founders conceived of this country as a refuge for the world. And for more than two centuries... Read More
Your editor will be on the road most of Monday and unable to blog until the evening. For fastest access to the transcript, refresh this link after the oral argument. Dara Lind at Vox.com has a good 'explainer' about the case here . Read More
Prof. Anil Kalhan (Drexel University, Thomas R. Kline School of Law), has written two fascinating and important pieces on the immigration case now pending at the Supreme Court: Ending Judicial Truthiness on Immigration - "When the Supreme Court... Read More
Michael A. Olivas, June 23, 2016 - "[T]he narrow technical ruling on an injunction is not the same as a full-scale constitutional rejection of deferred action on its merits. For the time being, immigrant students eligible under the original DACA... Read More
Cyrus D. Mehta, Apr. 11, 2016 - " Arizona Dream Act Coalition ... provides another basis for the Supreme Court in Texas v. USA to uphold the expanded deferred action programs as part of President Obama’s November 20, 2014 executive actions... Read More
Prof. Anil Kalhan, Feb. 12, 2016 - "[T]here is only the illusion of a substantive problem here, because as a matter of law, “unlawful presence” simply does not carry the meaning that Judge Smith [and] the plaintiffs ... ascribe to it... Read More
David Isaacson, June 28, 2016 - " On Thursday, June 23, the U.S. Supreme Court issued two decisions of significance to immigration law: a 4-4 affirmance without opinion in United States v. Texas , and a 5-3 decision in Mathis v. United States . The... Read More