LexisNexis® Legal Newsroom
Court Enjoins 2008 H-2B Regulations: Perez v. Perez

"On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor‘s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Perez v. Perez, No. 3:14...

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...

Unrepentant, DOJ Defends 'No Bond for Babies' Policy

Lest one be misled by President Obama's ' felons, not families ' rhetoric, look no further than this March 20, 2015 court filing by DOJ defending the execrable Matter of D-J- ' no bond for babies ' policy. In a nutshell, it's all about deterrence, according to DOJ: "After...

Ninth Circuit Upholds Injunction Against Sheriff Joe Arpaio, Profiling: Melendres II

"The panel affirmed in part and vacated in part the district court’s permanent injunction and remanded in an action against Sheriff Joseph M. Arpaio and the Maricopa County Sheriff’s Office alleging that defendants have a custom, policy and practice of racially profiling Latino drivers...

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!

USCIS Chief Takes Responsibility For Injunction Violation: Law360

Allissa Wickham, Law360, May 18, 2015 - " The director of U.S. Citizenship and Immigration Services said on Friday that he accepted responsibility for about 2,000 expanded work permits going out in violation of a court injunction on two of the president's executive action policies, telling a...

Preliminary Injunction Denied in H-4 EAD Lawsuit

"Save Jobs has an obvious interest in protecting its members from additional competition in an already crowded job market, particularly given the circumstances of their terminations from SCE. However, DHS has a strong interest in moving ahead with a program years in the making, and the court is...

Fifth Circuit, 2-1, Nixes Stay of DAPA Injunction

"Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution...

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 Fact Sheet on Three-Year EADs - Who Is Covered, Who Is Not

Here is a two-page Fact Sheet posted July 15, 2015 including an "If/Then" flow chart and this important note: "This action does not apply to the approximately 108,000 three-year EADs that were approved and mailed by USCIS on or before the February 16, 2015, injunction date and that...

Inspector General Finds USCIS Did Not Deliberately Violate Court Injunction

OFFICE OF INSPECTOR GENERAL, Department of Homeland Security, Aug. 13, 2015 - "The Department of Homeland Security Inspector General (DHS OIG) found no evidence that U.S. Citizenship and Immigration Services (USCIS) deliberately violated a U.S. District Court’s preliminary injunction when...

Texas Birth Certificate Case Moves to Trial - Perales-Serna

While Judge Pitman denied Plaintiffs’ Emergency Application for Temporary Injunction, his order clearly showed that Texas is on shaky ground and provided a clear road map for Plaintiffs at trial. Read the order and move beyond the headlines. News here , here and here .

Fifth Circuit Panel, 2-1, Upholds DAPA Injunction: Texas v. USA

Panel decision, Nov. 9, 2015 Majority (Smith, Elrod) - "Reviewing the district court’s order for abuse of discretion, we affirm the preliminary injunction because the states have standing; they have established a substantial likelihood of success on the merits of their procedural and substantive...

Judge Prohibits Texas from Licensing Family Detention Centers as Childcare Facilities

Grassroots Leadership, Nov. 20, 2015 - "Grassroots Leadership today won a temporary injunction in its suit to stop the Texas Department of Family and Protective Services from licensing family detention centers in Karnes and Dilley as childcare facilities under an emergency rule. The emergency rule...

Court: Texas Cannot Block Syrian Refugees

THHSC v. USA, Feb. 8, 2016 - "This Order addresses Plaintiff Texas Health and Human Services Commission’s (the “Commission”) amended application for preliminary injunction against Defendant International Rescue Committee, Inc. (“IRC”) and the Federal Defendants. Because...

MALDEF Wins Court Order Blocking Texas Immigrant Harboring Law

MALDEF, Apr. 14, 2016 - " Today, a federal judge issued a preliminary injunction blocking the immigrant harboring provision of HB11, which was enacted in the 2015 Texas Legislative Session. Judge Ezra, of the U.S. District Court for the Western District of Texas, ruled that the plaintiffs were likely...

Texas Court Issues Temporary Injunction Prohibiting Licensing of Dilley Family Detention Camp

Grassroots Leadership, June 1, 2016 - " In a major victory for advocates, an Austin judge has issued a temporary injunction prohibiting the Texas Department of Family and Protective Services (DFPS) from issuing a child care license under lowered standards to the nation’s largest immigration...

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...

Court Orders Feds to Improve Conditions in Immigration Holding Cells

NILC, Nov. 18, 2016 - "A federal district court today found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras . This...

Texas Court Blocks Licensing of Family Detention Camps as 'Childcare' Facilities

Grassroots Leadership, Dec. 3, 2016 - "In a major victory for detained asylum seeking mothers and their children, an Austin judge Friday issued a final judgment effectively preventing the Texas Department of Family and Protective Services (DFPS) from issuing child care licenses to the nation’s...