LexisNexis® Legal Newsroom
Excerpts from the March 1, 2013, Bender's Immigration Bulletin

Supreme Court: Padilla Did Not Create New Rule: No Retroactive Application to Cases on Collateral Review On February 20, the Supreme Court announced its decision in Chaidez v. United States. The majority of the Court held that the decision in Padilla v. Kentucky, 559 U.S. 356, is not retroactive for...

News Excerpts From the Aug. 1, 2013, Bender’s Immigration Bulletin

Napolitano Resigns as Secretary of Homeland Security On July 12, 2013, Janet Napolitano announced her resignation as Secretary of Homeland Security, a position she has held since the start of the Obama administration. Napolitano will remain in her position until September, after which she will become...

Expert: Supreme Court Immigration Case Could 'Redefine Balance of Power' Between Congress, President

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 decide whether President Obama's DAPA and expanded...

Why 'Lawful Presence' is a Red Herring in USA v. Texas - Prof. Anil Kalhan

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. ... Properly understood, therefore, “lawful...

Supreme Court Oral Argument in U.S. v. Texas Set for April 18, 2016

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 Secretary of Homeland Security’s guidance seeking...

Link to Briefs in U.S. v. Texas (as of Mar. 8, 2016)

Posted on the Fight For Families website: Brief for the Petitioners filed in United States v. State of Texas justice.gov Amicus Brief of the States of Washington, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, New York, Oregon...

Cyrus D. Mehta - Preemption of AZ DL Policy Provides Another Basis for Supreme Court to Approve DAPA, Expanded DACA

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, especially the Deferred Action for Parental Accountability...

Transcript of USA v. Texas Supreme Court Oral Argument Will Be Posted Here Monday Evening

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 .

Transcript of USA v. Texas Supreme Court Oral Argument, Apr. 18, 2016

Transcript of USA v. Texas Supreme Court Oral Argument, Apr. 18, 2016

Reaction to USA v. Texas Supreme Court Oral Argument

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 Win on Standing? Analysis by Dean Kevin Johnson...

Prof. Anil Kalhan on U.S. v. Texas

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 considers what it hears this week in United States...

LexisNexis Expert Author Stephen W. Yale-Loehr: Future for DACA Recipients 'Perilous'

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 decision on the question) is not good news for the...

4-4 Tie at Supreme Court in U.S. v. Texas Blocks DAPA, DACA+

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 & analysis later today...]

President Obama Delivers a Statement on the Supreme Court's Non-Ruling on Immigration

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, welcoming wave after wave of immigrants has kept...

AILA Member Talking Points on SCOTUS United States v. Texas Deadlock

AILA Doc. No. 16062336, June 23, 2016 : "While today's split decision sets no Supreme Court precedent, what it does mean is that these important, commonsense policies will remain blocked for now. The fact remains, DAPA and DACA+ are initiatives that are lawful, constitutional, and consistent...

Prof. Michael Olivas on Supreme Court Immigration Decision

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 order can continue to seek its protection, and immigrant...

Feds Seek Full Court Rehearing in USA v. Texas

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 in several cases dating back to the first part...

BREAKING: Supreme Court Won't Hear Trump's DACA Challenge Now

Lydia Wheeler and Rafael Bernal, The Hill, Feb. 26, 2018 - "The Supreme Court on Monday refused to hear the Trump administration's challenge to a lower court ruling temporarily blocking it from winding down the Obama-era Deferred Action for Childhood Arrivals (DACA) program. The decision delivers...

Expert: DACA Legal Muddle May Wind Up at Supreme Court

Tal Kopan, CNN, May 1, 2018 - "The future of the Deferred Action for Childhood Arrivals program got murkier Tuesday when the Texas attorney general made good on a threat to challenge it in court. The lawsuit throws a wrench in an already-complicated legal morass for the DACA program, which protects...

Expert: Texas DACA Challenge Could Trigger Supreme Court Review

Laurel Brubaker Calkins, Bloomberg, May 2, 2018 - "Texas’s legal bid to end the Obama-era policy that protects 700,000 undocumented young immigrants brought to the U.S. illegally as children, known as Dreamers, may set the stage for the Trump administration to take the issue back to the Supreme...

Expert: Texas' DACA Lawsuit 'Creates Even More Uncertainty'

Jessica Gresko, AP, May 10, 2018 - "Three judges have ordered the Trump administration to continue a program that has shielded hundreds of thousands of young immigrants from deportation. Now, a lawsuit filed last week in Texas seeks to shut down the Deferred Action for Childhood Arrivals program...