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Immigration Law

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1490 ABA Journal Immigration Law articles.

In first SCOTUS vote, Jackson joins liberal justices and Barrett in opposing block on Biden immigration policy

The U.S. Supreme Court on Thursday refused to reinstate a Biden administration immigration policy that prioritizes apprehension and deportation of people who pose a threat to national security, public safety and border security.

Jul 22, 2022 10:06 AM CDT

How technology can improve immigration policy and practice

Immigration is an area of law that lends itself well to technological innovations. It is in that intersection in which immigration lawyer Greg Siskind does his work.

Jul 20, 2022 8:36 AM CDT

10th Circuit strikes down ban on encouraging or inducing a noncitizen to come to US illegally

A federal appeals court has struck down as overbroad a provision of a law that makes it a crime to encourage or induce a noncitizen to enter or reside illegally in the United States.

Jul 15, 2022 8:54 AM CDT

The modern US Border Patrol is a national police force with dangerous capabilities, author warns

In Nobody is Protected: How the Border Patrol Became the Most Dangerous Police Force in the United States, geographer Reece Jones argues that Supreme Court precedent, a growing workforce and mission creep have made the U.S. Border Patrol a national police force that operates without appropriate accountability.

Jul 13, 2022 9:00 AM CDT

Asylum-seeker reflects on ABA pro bono assistance in pursuing American dream

“Sixteen years ago, I came to America with nothing but hope and aspiration for a peaceful and prosperous life. ... As former President Barack Obama once said, my story is possible only in America.”

Jul 5, 2022 8:37 AM CDT

Supreme Court allows Biden to end remain-in-Mexico policy; chief justice’s opinion joined by Kavanaugh, liberal justices

The U.S. Supreme Court ruled for the Biden administration on Thursday when it allowed repeal of the remain-in-Mexico policy for asylum-seekers.

Jun 30, 2022 10:13 AM CDT

Federal appeals court tosses injured lawyer’s Fourth Amendment claim against ICE agent

An agent with U.S. Immigration and Customs Enforcement has qualified immunity from a Fourth Amendment claim in a lawsuit filed by an injured lawyer, a federal appeals court has ruled.

Jun 22, 2022 8:37 AM CDT

SCOTUS rules for US citizen who says return of her child to Italy poses grave risk of harm

The U.S. Supreme Court ruled Wednesday that U.S. courts can refuse to return children to their home countries in situations posing a grave risk of harm without considering all measures that could reduce the risk.

Jun 15, 2022 12:38 PM CDT

Uniting for Ukraine draws criticism and praise from resettlement groups

Although some resettlement groups have welcomed President Joe Biden’s streamlined humanitarian parole program for Ukrainians fleeing the war, the initiative also has sparked frustration and claims that other at-risk people are not being offered the same protections.

Jun 14, 2022 8:34 AM CDT

Supreme Court rules against immigrants seeking bond hearings and injunctive relief

The U.S. Supreme Court on Monday ruled against immigrants seeking bond hearings and injunctive relief through class actions. Both decision were based on statutory text.

Jun 13, 2022 12:13 PM CDT

Weekly Briefs: Fish definition includes bees, court says; judge decries ‘fair-weather originalism’

Bees can sometimes be considered fish, court says Bees can be protected under the California Endangered Species Act because they are invertebrates within the law’s definition of fish, the California Third District Court of Appeal ruled May 31. The law defines fish as “a wild fish, mollusk, crustacean, invertebrate, amphibian…

Jun 10, 2022 11:56 AM CDT

Supreme Court protects Border Patrol agents from constitutional claims; dissent hits ‘drive-by’ immunity

The U.S. Supreme Court on Wednesday ruled against the owner of the “aptly named” Smuggler’s Inn in his quest to sue a Border Patrol agent for allegedly roughing him up and then retaliating against him for reporting the incident.

Jun 8, 2022 1:52 PM CDT

Supreme Court backlog is the largest in percentage terms since at least 1950

More than half of the cases on the U.S. Supreme Court’s docket have yet to be decided.  As of Friday, the court had 33 opinions remaining, which amounts to 53% of its argued cases this term.

Jun 3, 2022 9:37 AM CDT

Federal judge orders US to keep in place Title 42 immigrant ousters tied to pandemic

A federal judge in Louisiana on Friday ordered the Biden administration to keep in place a Trump administration order that required immigrants seeking asylum to be quickly turned back.

May 23, 2022 10:11 AM CDT

Weekly Briefs: McDonald’s, Wendy’s sued over burger ads; ICE is ‘a domestic surveillance agency,’ report says

Ads exaggerate size of McDonald’s, Wendy’s burgers, suit says Food stylists for McDonald’s and Wendy’s undercook hamburger patties portrayed in advertising to make them appear 15% to 20% larger than the food sold by the fast-food restaurants, a May 17 lawsuit alleges. The would-be class action suit, filed in Brooklyn,…

May 20, 2022 2:12 PM CDT

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ABA Resources

• Commission on Immigration

• ABA Priorities & Policies on Immigration Reform

• South Texas Pro Bono Asylum Representation Project (ProBAR)

• Children's Immigration Law Academy (CILA)

• Immigration Justice Project (IJP) of San Diego

• Detention and LOP Information Line Internship

ABA Journal Featured Content

We the Immigration Lawyers: 9 attorneys share what drives them
Immigrants coming to the U.S. can face legal uncertainties, difficult living conditions and the pain of family separations. Yet a hope that opportunities will outweigh the travails is strong with many new arrivals. That's something lawyers who help immigrants understand well. » Read more


Legal community supports Ukrainians displaced by Russia's war against Ukraine

Forced Labor? Migrant detainees claim exploitation at corporate-run detention center

Commission on Immigration urges widespread reform

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