District Court

WASHINGTON—Today, the Immigration Reform Law Institute (IRLI) filed a brief in a Texas federal district court in a case that, for the first time, puts at issue a constitutional provision that allows states to go to war if they have been invaded.

Section 10 of Article I of the Constitution states that, “without the Consent of Congress,” states may not “engage in War” unless they have been “actually invaded.” Texas Governor Abbott, declaring that Mexican drug cartels have invaded his state without meaningful opposition by the federal government, has taken his own steps to defend Texas, including placing floating barriers in the Rio Grande to block illegal crossings into the state. . . . Read more about Biden Tries to Halt Texas’s Self-Defense—in Court

 Today’s ruling by Federal District Court Judge Jon Tigar effectively negates any impediments to foreign nationals seeking to abuse our nation’s asylum laws, and will trigger an even more massive surge of people crossing our borders illegally, charges the Federation for American Immigration Reform (FAIR).

The Circumvention of Lawful Pathways rule implemented by the Biden administration in May bars some migrants who enter the U.S. between ports of entry from seeking asylum. . . . Read more about FAIR: Federal Judge Invites A New Surge of Asylum Abuse

Reversing a decision by a Nevada District Court, The Ninth Circuit Court of Appeals unanimously held that the federal statute that criminalizes illegal re-entry is constitutional. The decision, issued on May 22, also found that the criminal re-entry law is not discriminatory.

Federal law has two specific statutes that establish criminal penalties for aliens who enter the U.S. without permission.  Section 1325 of Title 8 makes it a misdemeanor: (1) to enter the U.S. without proper inspection at a port of entry; or (2) to enter the U.S. between ports of entry, thereby avoiding examination or inspection by immigration officials.  Section 1326 of Title 8 – the statute in question here –makes it a felony for aliens who have been deported to subsequently re-enter the U.S. illegally. . . . Read more about Ninth Circuit Holds Statute Punishing Illegal Re-Entry is Race Neutral

WASHINGTON—Today, in a major victory, a Florida federal district court granted summary judgment to the state of Florida, vacating the Biden policy of catching and paroling illegal aliens. The Immigration Reform Law Institute (IRLI) had filed a friend-of-the-court brief in the case urging that result.

The administration claimed in this case that it has unbounded discretion about whether to detain and deport illegal aliens, and so its policy of simply not enforcing the law cannot be reviewed by a court. In its brief, IRLI showed that, in fact, Congress very clearly and sharply limited the administration’s discretion when it mandated that illegal aliens be detained and removed from the country. . . .

  Read more about Victory! Biden’s Catch-and-Parole Policy Vacated

A federal judge in Florida struck down the Biden administration's unregulated and broad use of parole in order to mass-release illegal aliens into the interior of the United States. Judge T. Kent Wetherell found the administration's use of parole unlawful and accused the Biden admin. of turning the U.S./Mexico border into a "meaningless line in the sand."

"Today's ruling affirms what we have known all along, President Biden is responsible for the border crisis and his unlawful immigration policies make this country less safe." - Florida Attorney General Ashley Moody. . . . Read more about Fla. Fed. Judge Rules Biden's New Border Policies Unlawful

The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR), in response to Wednesday’s ruling by the U.S. Court of Appeals for the Fifth Circuit declaring the Obama-era Deferred Action for Childhood Arrivals (DACA) program to be unlawful:

“Yesterday, the Fifth Circuit correctly upheld a federal district judge’s ruling that the Obama-era DACA program is unlawful. Presidents do not have the authority to exempt entire classes of immigration lawbreakers from enforcement, or provide them with authorization to work in the United States, when federal statutes explicitly bar them from being here or working here.

“This ruling could not have been timelier. Building upon what we once thought was the pinnacle of unlawful executive action during the Obama administration, President Biden and Homeland Security Secretary Alejandro Mayorkas have been working around the clock to negate virtually every immigration law on the books. The end result? The worst border crisis in the history of our country with no end in sight. . . . Read more about Appeals Court Ruling Sends a Clear Message that Presidents Cannot Nullify Immigration Law through Executive Action, Says FAIR

(October 6, 2022, Washington, D.C.) – The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR), in response to Wednesday’s ruling by the U.S. Court of Appeals for the Fifth Circuit declaring the Obama-era Deferred Action for Childhood Arrivals (DACA) program to be unlawful:

“Yesterday, the Fifth Circuit correctly upheld a federal district judge’s ruling that the Obama-era DACA program is unlawful. Presidents do not have the authority to exempt entire classes of immigration lawbreakers from enforcement, or provide them with authorization to work in the United States, when federal statutes explicitly bar them from being here or working here. . . . Read more about Appeals Court Ruling Sends a Clear Message that Presidents Cannot Nullify Immigration Law through Executive Action, Says FAIR

Since U.S. Attorney General Merrick Garland and his Justice Department aren’t interested in prosecuting violations of immigration law, Florida Gov. Ron DeSantis is taking the rare step of empaneling a statewide grand jury to target residents who employ human smugglers, as well as local officials who look the other way. . . . Read more about Florida Grand Jury Targets Child Smugglers, Puts Miami in a Vise

A lawsuit charging that Biden administration immigration policies violate environmental law is moving forward in federal court. The legal challenge deserves a fair hearing amid widening degradation of southern borderlands, increasing strains on the nation’s infrastructure and a host of other impacts that can no longer be ignored. . .  Read more about Court Gives Green Light to Sue Biden for Trashing Environmental Law