Immigration

Latest in Immigration

Immigration

Court Issues Preliminary Injunction Against President Trump’s Ban on Uninsured Immigrants

In October, President Trump issued a proclamation denying entry into the U.S. for otherwise qualified visa applicants unless they are likely to receive “approved health insurance” within 30 days of entry or can pay for their health care. A District Court just issued an injunction against the ban.

Immigration

New Homeland Security Asylum Rule Allows Removal to Central American Countries That Have Signed Agreements With the U.S.

In a new rule, DHS authorizes removal of asylum seekers at the southern border of the U.S. to Guatemala, Honduras or El Salvador for asylum processing in those countries, as long as the removed individuals are not nationals of the particular country that will receive them. 

Immigration

Class Actions and Due Process Relief for Immigration Detainees After Jennings v. Rodriguez

A U.S. district court has limited the ability of immigration detainees to use an important procedural tool to challenge their detention. With the ruling, detainees are restricted in their ability to bring a Rule 23(b)(2) class action to assert a right to individualized bond hearings under the Due Process Clause. The order lays bare the consequences of the Supreme Court’s 2018 decision in Jennings v. Rodriguez and foreshadows increased difficulty for detained asylum-seekers hoping to challenge their prolonged imprisonment without bond hearings.

immigration

District Court Rules Against Trump in Border Wall Case

The U.S. District Court for the Western District of Texas found President Trump’s proclamation declaring a national emergency at the southern border to be unlawful, ruling that the use of funds for this project violates the Consolidated Appropriations Act. The judge granted summary judgment in favor of the plaintiffs and called on them to file a “proposed preliminary injunction” specifying the scope of said injunction with ten days, after which the Trump administration is directed to respond.

Immigration

Supreme Court Stays Asylum Injunction: Signal on the Merits or Procedural Snag?

On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued by the Department of Homeland Security (DHS). The rule would bar foreign nationals who cross the U.S.-Mexico border from receipt of U.S. asylum when they transit through a third country without applying for protection in that country.

Immigration

National Injunction Ordered for Trump Third Country Asylum Rule

The U.S. District Court for the Northern District of California has reinstated a nationwide ban on a Trump administration rule barring people at the southern border from seeking asylum unless they had previously done so in Mexico or another third country. The U.S. Court of Appeals for the Ninth Circuit had previously ruled that the preliminary injunction against the rule was only enforceable within the Ninth Circuit.

Immigration

What Ending the Flores Agreement on Detention of Immigrant Children Really Means

Last week, the Department of Homeland Security (DHS) issued its final rule on custody of two groups of noncitizen children, establishing different procedures for the treatment of children accompanied by at least one parent at the border prior to arrest and “unaccompanied alien children” (UACs) who crossed the border and were arrested without a parent.

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