LexisNexis® Legal Newsroom
20 Years Ago, U.S. Marines Shot and Killed This U.S. Citizen on American Soil - Remembering Esequiel Hernández, Jr.

Every year around this time I remind readers: "In 1997, U.S. Marines patrolling the Texas-Mexican border as part of the war on drugs shot and killed Esequiel Hernández, Jr. Mistaken for a drug runner, the 18 year old was, in fact, a U.S. citizen tending his family's goats with a .22 rifle...

Is Border Enforcement Effective? What We Know and What it Means - Edward Alden

Edward Alden, June 2017, Center for Migration Studies of New York - "For too long, the policy debate over border enforcement has been split between those who believe the border can be sealed against illegal entry by force alone, and those who believe that any effort to do so is futile and without...

Supreme Court on Cross-Border Shooting: Hernandez v. Mesa

Hernandez v. Mesa, June 26, 2017 - "The facts alleged in the complaint depict a disturbing incident resulting in a heartbreaking loss of life. Whether petitioners may recover damages for that loss in this suit depends on questions that are best answered by the Court of Appeals in the first instance...

Border Clinic, Retirees Try to Save Migrants' Lives

Eric Boodman, Stat, July 6, 2017 - "When the man walked in with fang marks on his leg, the volunteers knew the protocol: In the case of a rattlesnake bite, you call 911. But like all of the patients who end up here, his very presence in this desert clinic meant he had broken American law. He’d...

Class Action Lawsuit Challenges Practice of Turning Away Asylum Seekers at U.S. Southern Border

CCR, July 12, 2017 - "Today an immigrant rights group and several asylum seekers filed a class action lawsuit against officials at the U.S. Department of Homeland Security and U.S. Customs and Border Protection (CBP) in a federal district court in California, challenging the government’s unlawful...

Lawsuit: American Family Abused by CBP at Border: Wilwal v. Kelly

ACLU, July 13, 2017 - "The ACLU has filed a lawsuit on behalf of a family of U.S. citizens — including four young children — who were detained for over 10 hours at the U.S.-Canada border while coming home from a trip to visit relatives in 2015. The lawsuit seeks a ruling that the government...

DHS Waives Environmental Regulations for Border Wall Construction

Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 - "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the...

White House Insiders Float Plan to Trade Tougher Border Rules for Keeping DACA

Anita Kumar, McClatchy Washington Bureau, Aug. 22, 2017 - "Donald Trump’s top aides are pushing him to protect young people brought into the country illegally as children — and then use the issue as a bargaining chip for a larger immigration deal — despite the president’s...

A Slippery Legislative Slope: From IIRAIRA to REAL ID to Secure Fence

DHS published this notice today in the Federal Register regarding border barriers (fencing and roads) near Calexico, California. Read the long list of federal statutes and regulations DHS has waived, thanks to IIRAIRA, the REAL ID Act and the Secure Fence Act.

Trump Sent Judges to the Border; Many Had Nothing to Do - Politico

Meredith Hoffman, Politico, Sept. 27, 2017 - "On September 4, immigration judge Denise Slavin followed orders from the Department of Justice to drop everything and travel to the U.S.-Mexico border. She would be leaving behind an overwhelming docket in Baltimore, but she was needed at “ground...

Feds Quietly Prepare for Land Seizures for Border Wall

Tal Kopan, CNN, Nov. 13, 2017 - "Although approval for a new border wall has yet to come, the Trump administration has taken subtle steps to be able to seize land to build one, including by restarting litigation that has laid dormant for years against landowners, according to a new report from Senate...

The Wall: The Real Costs of a Barrier Between the U.S. and Mexico - Brookings

Vanda Felbab-Brown, Brookings [This is a very long, rich, detailed look at the border wall, with marvelous graphics. It deals with the price tag, smuggling, crime, the U.S. economy, communities and the environment, and much more. Recommended!]

Trump, Sessions Prosecute Refugee Parents, Remove Refugee Babies

Lomi Kriel, Houston Chronicle, Nov. 25, 2017 - "Patricia Mejia gathered her three young children and made the arduous journey through Mexico to the U.S. border to escape El Salvador's often deadly violence. When Border Patrol agents found the family near El Paso's international bridge...

Investigation Documents Undercount of Border Deaths

Rob O'Dell, Daniel González, Jill Castellano, Beatriz Alvarado and Rafael Carranza, the Arizona Republic, Dec. 14, 2017 - "Across sandy Texas scrubland, along swift-moving California canals, in searing Arizona deserts and within remote New Mexico canyons, the bodies of hundreds of immigrants...

DHS Waives Laws to Build Roads, Barriers on Border Near El Paso

Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 - "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity...

CBP Directive: Border Search of Electronic Devices (Jan. 4, 2018)

CBP, Jan. 4, 2018 - "To provide guidance and standard operating procedures for searching, reviewing, retaining, and sharing information contained in computers, tablets, removable media, disks, drives, tapes, mobile phones, cameras, music and other media players, and any other communication, electronic...

Trump Memo Sets Up 'National Vetting Center'

White House, Feb. 6, 2018 - "Border and immigration security are essential to ensuring the safety, security, and prosperity of the United States. The Federal Government must improve the manner in which executive departments and agencies (agencies) coordinate and use intelligence and other information...

CA9 on Border, First Amendment: Jacobson v. DHS

Jacobson v. DHS, Feb. 13, 2018 - Court staff summary: "The panel vacated the district court’s summary judgment, entered before any discovery occurred, and remanded in an action in which appellants challenged their exclusion from an enforcement zone set up around a Border Patrol checkpoint...

BIA on Credibility, Border & Airport Interviews: Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018)

Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018) - When deciding whether to consider a border or airport interview in making a credibility determination, an Immigration Judge should assess the accuracy and reliability of the interview based on the totality of the circumstances, rather than relying...

Judge Prado's Swan Song? (Hernandez v. Mesa Dissent)

Paul W. Schmidt writes : "Judge Edward C. Prado is nor just “any” U.S. Circuit Judge. Among other things in his long and distinguished career, Judge Prado was the U.S. Attorney for the Western District of Texas during the Reagan Administration. I dealt with him on some immigration issues...

White House Memo Sends National Guard to Border

Presidential Memorandum for the Secretary of Defense, the Attorney General, and the Secretary of Homeland Security, Apr. 4, 2018 - "...Section 1. The Secretary of Defense shall support the Department of Homeland Security in securing the southern border and taking other necessary actions to stop...

Sessions Sets 'Zero Tolerance' Policy for Illegal Entry Prosecutions on Southern Border

DOJ, Apr. 6, 2018 - "Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United...

White House Memo on 'Catch and Release'

White House, Apr. 6, 2018 - "SUBJECT: Ending “Catch and Release” at the Border of the United States and Directing Other Enhancements to Immigration Enforcement Section 1. Purpose. (a) Human smuggling operations, smuggling of drugs and other contraband, and entry of gang members and...

National Guard Posting on Mexico Border 'May Be Indefinite' - MPI Policy Beat (Apr. 25, 2018)

Muzaffar Chishti, Sarah Pierce, and Austin Rose, Apr. 25, 2018 - "Opening a new front in his campaign to crack down on illegal immigration, President Donald Trump in early April 2018 called for the deployment of up to 4,000 National Guard troops to the U.S.-Mexico border. The President seized on...

Expert: Anne Frank Analogy Appropriate to DOJ Prosecution Proposal

Stuart Anderson, May 9, 2018 - "Imagine your child faces death or enslavement at the hands of predators and all legal avenues of escape and refuge have been blocked. Would you attempt to enter another country unlawfully and seek asylum? Found hiding in an attic, Anne Frank died in the Holocaust...