LexisNexis® Legal Newsroom
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...

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'...

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...

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...

Executive Action on Immigration and the Judicial Artifice of “Lawful Presence” - Anil Kalhan

"In legal terms, Judge Smith’s strikingly casual reasoning about “lawful presence” lacks precision and ultimately makes very little sense." - Anil Kalhan, June 3, 2015 . - Prof. Anil Kalhan

News Excerpts From the July 1, 2015, Bender’s Immigration Bulletin

New York Grants Law License to DACA Grantee | On June 3, 2015, an intermediate New York appellate court approved the application for admission to the bar of a Mexican citizen who was brought to the United States as a child and granted relief under the Deferred Action for Childhood Arrivals (DACA)...

Cyrus D. Mehta - The Impact of Texas v. USA on Other Executive Actions Involving Employment Authorization

Cyrus D. Mehta, Nov. 15, 2015 - "Although the Fifth Circuit in Texas v. USA ruled against the Administration on November 9, 2015 by upholding the preliminary injunction against implementation of President Obama’s program to grant deferred action to certain groups of undocumented persons, the...

Legomsky on USA v. Texas - The Stakes Go Far Beyond Immigration

Stephen Legomsky, Jan. 21, 2016 - "On Tuesday the Supreme Court agreed to decide whether a single state can sue the federal government to block the government's setting of immigration enforcement priorities nationwide. The stakes are momentous, and they go far beyond immigration. In November...

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...

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...

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...

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...

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...

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...

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...

NILC Webinar this Friday (Oct. 14, 2016)

NILC - " Join us for a webinar this Friday, October 14, at 10 a.m. Pacific / 1 p.m. Eastern time to get the latest news and updates on key immigrants’ rights issues and developments , including: • DACA renewal delays, and strategies to address the delays • News about state and national...