LexisNexis® Legal Newsroom
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...

CMS Finds DACA and DAPA Populations Part of American Society

Center for Migration Studies, Mar. 10, 2016 - " A new paper released today by the Center for Migration Studies of New York (CMS) offers a statistical portrait of the potential beneficiaries of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, the original...

Ninth Circuit Says Federal Immigration Law Preempts Arizona's Attempt to Deny DLs to DACA Recipients: ADAC v. Brewer

ADAC v. Brewer, Apr. 5, 2016 - "In sum, we find that DACA recipients are similarly situated in all relevant respects to other noncitizens eligible for drivers’ licenses under Arizona’s policy. And Arizona’s refusal to rely on EADs from DACA recipients for purposes of establishing...

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...

This Blog Post Destroys Texas' Immigration Case

Yes, it's a bit long, and yes, it's a bit technical, but this post by Georgetown Law Prof. Martin Lederman shows once and for all why Texas' case has been without merit from day one. Let's hope all Supreme Court justices, and their clerks, read every word.

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...

Webcast with the Experts: United States v. Texas

AILA, Apr. 19, 2016 - "Watch AILA's Director of Advocacy Greg Chen, American Immigration Council's Legal Director Melissa Crow, and UCLA School of Law Professor Hiroshi Motomura as they recap and offer expert analysis of Monday's U.S. Supreme Court oral arguments in the United States...

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...

Texas's Radical Argument on Work Authorization - Prof. Martin Lederman

Prof. Martin Lederman, Apr. 20, 2016 - "Texas and the House of Representatives tried at oral argument to suggest that DAPA work authorization would be different in kind from past work authorizations. They have failed to explain, however, why many of those authorizations, such as for the millions...

Judge Hanen's Order to 'Out' DACA Grantees Raises Privacy Concerns - Prof. Shoba Sivaprasad Wadhia

Prof. Shoba Sivaprasad Wadhia, May 23, 2016 - " Much of the press coverage on Judge Hanen’s May 19 order has focused on the order’s scolding. But equally, if not more alarming, are the implications of Judge Hanen’s demand on the Department of Justice to provide a list of individuals...

Honors Grad Denied DACA Renewal Due To Civil Protests, Sues USCIS: Unzueta v. USCIS

Unzueta v. USCIS, filed May 25, 2016 - "Defendants granted DACA to the Plaintiff in 2013, but denied “renewal” of DACA in 2015 after she continued to be outspoken in support of the rights of other noncitizens. Defendants purported to label Ms. Unzueta Carrasco’s citations for civil...

When a Judge is Out of Control - Stephen Legomsky

Stephen Legomsky, June 3, 2016 - "Soon the Supreme Court is expected to hand down a decision in U.S. v. Texas, the lawsuit challenging President Obama’s executive actions on immigration. In the meantime, Judge Andrew Hanen, the federal judge who had already put the President’s program...

Cyrus Mehta: Were the DOJ Lawyers Really Unethical in Texas v. USA?

Cyrus Mehta, June 4, 2016 - "Judge Hanen’s order dated May 19, 2016 reprimanding thousands of Department of Justice lawyers for unethical conduct is astounding because it does not even appear that their conduct was unethical. Much has already been written about Judge Hanen’s strange...

Advocates Move To Prevent Release Of Immigrants' Info - Law360

Allissa Wickham, Law360, June 4, 2016 - "A group of immigrants and advocacy groups on Friday asked the Fifth Circuit to cancel a lower court’s request for information regarding certain immigrants with deferred action, adding a new development to the saga over the president's executive...

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...

DACA After US v. Texas: Recommendations for the President

CIRI Advocacy Working Group, July 15, 2016 - " This brief summarizes recommendations for Deferred Action for Childhood Arrivals by leading national-level organizations that support the program and have monitored implementation since 2012. CIRI Advocacy Working Group member organizations represent...