LexisNexis® Legal Newsroom
Expert: States Venue Shopped Immigration Lawsuit

"A federal judge's ruling last month blocking President Barack Obama's immigration executive action lays bare a pervasive practice in federal district courts: venue shopping. It is a game of odds in which lawyers pick a court to file their case where a judge or case law is likely to be more...

Did the Supreme Court Already Decide Texas v. USA?

Judge Hanen's Feb. 16th injunction turns on the Administrative Procedure Act (APA.) Yesterday's unanimous Supreme Court decision in Perez v. Mtg. Bankers Assoc . could help Judge Hanen and the 5th Circuit answer the question: Did the November 2014 Executive Action memos require APA notice and...

Administration Asks Court to Lift Order Halting Immigration Programs

"The Obama administration, fighting a lawsuit by 26 states against the president’s executive actions on immigration, asked a federal appeals court Thursday to lift an order by a judge in Texas that halted the programs. Calling the legal reasoning behind the Feb. 16 injunction “unprecedented...

Legal Experts: Hanen Injunction Blocking DAPA 'Deeply Flawed'

"A group of 104 legal scholars and immigration law instructors signed a statement calling the Texas judge's decision that blocked President Barack Obama's immigration executive action "deeply flawed." In their statement provided to NBC News and made public Friday, the group...

DOJ Files 5th Circuit Brief in Texas v. USA

"This case involves a challenge brought by Texas and other States to enjoin — nationwide — enforcement policies that the Secretary of Homeland Security adopted to manage the government’s limited immigration enforcement resources and prioritize the removal of aliens who threaten...

Deferred Action, Supervised Enforcement Discretion, and the Litigation Over Administrative Action on Immigration: Anil Kalhan

"In this Article, I analyze the decision enjoining the Obama administration’s November 2014 immigration actions by U.S. District Judge Andrew Hanen, which highlights an erosion of the conventional lines between litigation, adjudication, and public discourse in politically salient cases. As...

Preliminary Analysis of CA5 Oral Argument in TX v. USA (Application for Stay of Hanen Injunction)

Did you listen to all two hours and twenty minutes of the oral argument? I thought not. David A. Isaacson did, and here is his analysis . Thank you, David!

DOJ Submits Sensitive White House Docs In Immigration Beef

"The U.S. Department of Justice submitted highly sensitive documents that included White House communications to a Texas federal court on Thursday in the case over the president’s executive actions on immigration, while arguing that government never meant to mislead the court on the policies'...

Will Farmers Branch Save DAPA, Expanded DACA? - Cyrus D. Mehta

Cyrus D. Mehta writes - "After a split Fifth Circuit panel declined to lift Judge Hanen’s preliminary injunction in Texas v. United States blocking President Obama’s two executive actions that could defer the deportations of an estimated 4.4 million people, the score was 2 in favor of...

Anil Kalhan Dissects Judge Hanen's Order

If you want to understand Judge Hanen's 123-page train wreck of a decision, this article by Prof. Anil Kalhan is an excellent starting point.

USCIS to DACA Recipients: Return 3-Year EADs

AILA reports: " USCIS sent a letter to DACA recipients who have not returned their three-year EAD, stating "USCIS must receive your EAD by 7/17/15. Failure to return the invalid EAD without good cause may affect your deferred action and employment authorization." On July 7, 2015, Judge...

AILA Practice Alert: USCIS Taking Extreme Measures to Retrieve Erroneously Issued 3-Year DACA EAD

AILA Doc No. 15070802 | Dated July 14, 2015 As a result of the judge's July 7, 2015 order threatening contempt citations in the ongoing litigation in Texas v. United States , USCIS advised stakeholders in a telephone call on the evening of July 13, 2015, that it is implementing additional,...

DHS Takes Action to Comply With Judge Hanen's Order re 3-Year EADs: Texas v. USA

On July 15, 2015 the government filed two documents in Texas v. USA describing efforts to cancel and retrieve 3-year EADs.

Texas, Feds Move to Cancel Aug. 19th Contempt Hearing in Brownsville: Texas v. USA

On July 31, 2015 the parties in Texas v. USA (S.D. TX, Brownsville Div., No. 1:14-cv-00254) filed a joint status report and motion , stating, "the Court should cancel the currently scheduled August 19 hearing. In the alternative, the Court should excuse the attendance of Secretary Johnson and the...

Judge Hanen and the Sealed Envelopes (USA v. Texas)

With Supreme Court oral argument in USA v. Texas just days away, Judge Hanen in the lower District Court issued an order on Friday , April 9th regarding mysterious sealed envelopes proffered by the government. Stay tuned!

Judge Hanen Rakes DOJ Lawyers Over Ethics Coals in DAPA Case

You've read about it in the news . Now read Judge Hanen's 28-page order for yourself. Stay tuned for reactions from practitioners and academics.

Is Judge Hanen's 'Rulebook' Order Even Legal?

Georgetown Law Professor Orin Kerr raises a good point regarding Judge Hanen's 'rulebook' order : "Hanen does not discuss whether he has the legal authority to impose this remedy. Most of the people who have to comply with this order are lawyers who will never enter Hanen’s jurisdiction...

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...

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...

Dreamers Affected by Federal Judge Order Seek to Defend Their Privacy - NILC

NILC, June 3, 2016 - "The National Immigration Law Center, the American Civil Liberties Union, and the ACLU of Texas today filed a petition for writ of mandamus before the Fifth Circuit Court of Appeals on behalf of four people impacted by a recent order issued by a federal district court in Brownsville...

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...

Prof. Anil Kalhan on United States v. Texas: The Supreme Court’s Silent Endorsement of Trumpisprudence

Prof. Anil Kalhan, June 27, 2016 - " [B]y affirming the legally flawed and deeply politicized lower court decisions blocking the Obama administration’s immigration initiatives — the substance of which I have previously discussed in several essays for Dorf on Law ( here , here , and here...

New York 'Dreamer' Challenges Texas Judge's Nationwide Immigration Injunction - Batalla Vidal v. Baran

NILC, Aug. 25, 2016 - "A first-of-its-kind lawsuit today opened up a new front in the defense of the Obama administration’s 2014 immigration relief initiatives, known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood...

Expert: Lawsuit Challenging Hanen Injunction Faces 'Uphill Battle' - Law360

Allissa Wickham, Law360, Aug. 25, 2016 - "A new suit in New York federal court hoping to narrow the scope of the block against President Barack Obama’s immigration actions is being called “novel” and “creative” by experts, but they say the case may face a tough road...