District Court

Breaking: Judge Blocks Biden Admin from Ending Title 42

U.S. District Judge Robert Summerhays in Lafayette, Louisiana, ordered that the restrictions stay in place while a lawsuit led by Arizona and Louisiana — and now joined by 22 other states — plays out in court. . . . Read more about Breaking: Judge Blocks Biden Admin from Ending Title 42

Victory! Florida Catch and Release Case Presses On

WASHINGTON—After the Immigration Reform Law Institute (IRLI) has filed a friend-of-the-court brief arguing against the dismissal of a Florida case challenging the Biden Administration’s policy of releasing illegal aliens into the United States rather than detaining or removing them, the federal district court hearing the case ordered the administration to respond to IRLI’s arguments. . . . Read more about Victory! Florida Catch and Release Case Presses On

Federal Court Rules Against Biden Enforcement Restrictions

This week, the U.S. District Court for the Southern District of Ohio blocked the Biden administration’s immigration enforcement policy guidance that restrains U.S. Immigration and Customs Enforcement (ICE) from enforcing immigration law in nearly all circumstances. . . . Read more about Federal Court Rules Against Biden Enforcement Restrictions

Victory! Biden Non-Enforcement Enjoined Nationwide

WASHINGTON—Today an Ohio federal district court granted a preliminary injunction, sought by Arizona, Montana, and Ohio, against the Biden administration policy of detaining and removing far fewer criminal aliens than had the previous administration. . . . Read more about Victory! Biden Non-Enforcement Enjoined Nationwide

Biden Tries to Revive DACA on Appeal

WASHINGTON—Yesterday, the Immigration Reform Law Institute (IRLI) filed a friend-of-the-court brief in the Fifth Circuit Court of Appeals in support of Texas and other states suing to end the Obama-era Deferred Action for Childhood Arrivals program (DACA). . . . Read more about Biden Tries to Revive DACA on Appeal

Judge Blocks Biden Administration From Limiting Arrests of Illegal Immigrants

The Biden administration wants to let immigration officers grant full approval to illegal aliens claiming asylum, taking that decision from judges. . . . Read more about Judge Blocks Biden Administration From Limiting Arrests of Illegal Immigrants

Florida Appeals Denial of Injunction Against Biden’s Non-Enforcement Policy

WASHINGTON—The Immigration Reform Law Institute (IRLI) has filed a friend-of-the-court brief in the Eleventh Circuit Court of Appeals in support of the State of Florida, . . . Read more about Florida Appeals Denial of Injunction Against Biden’s Non-Enforcement Policy

In 9-0 Supreme Court Decision – SCOTUS Rules Against 9th Circuit, Blocks Asylum To Denied Border Crossers

The court has made critical rulings that have upheld Americans’ rights, while checking the left’s out-of-control agenda.

We recently discussed their ruling denying a man’s demands to reenter the country. Now, the entire court once again denied Democrats their immigration wishes. . . Read more about In 9-0 Supreme Court Decision – SCOTUS Rules Against 9th Circuit, Blocks Asylum To Denied Border Crossers

Federal Judge Stays Biden's Dangerous 100-Day Memo

A federal judge in Texas issued a temporary restraining order (TRO), this week, provisionally stopping a dangerous Department of Homeland Security memorandum issued on January 20, 2021 that directed Immigration and Customs Enforcement (ICE) officers to halt deportations for almost all aliens with removal orders from the country for 100 days. Acting DHS Secretary David Pekoske signed the memorandum on inauguration day, but it appears to have been ghost written by Esther Olavarria, an anti-immigration enforcement advocate who was recently appointed to the Biden Administration. . .

 

Congressmen Bat Down MALDEF

WASHINGTON – Last Friday, three Congressmen � Congressman Steve King of IIowa, and Congressmen Andy Biggs and Paul A. Gosar, both of Arizona – filed a friend-of-the-court brief in the U.S. District Court for the Southern District of Texas, which is hearing a case brought by Texas and seven other states and two governors to have the Deferred Action for Childhood Arrivals (DACA) program declared unconstitutional. The Congressmen are represented in this effort by the Immigration Reform Law Institute (IRLI), which drafted the brief.

At issue is a motion to dismiss the case made by a group of Mexican nationals and others represented by the Mexican-American Education & Legal Defense Fund (MALDEF), an open-borders activist group. MALDEF’s clients were allowed to intervene in the case because the defendants, the United States and federal officials, agree with the plaintiffs that DACA is unconstitutional.

Now MALDEF claims the case should not go forward at all. Its main argument is that federal district courts in other parts of the country have blocked the Trump Administration’s rescission of DACA, and thus DACA cannot be struck down by the court in this case. As IRLI points out in its brief, however, whether DACA can be rescinded is a separate question from whether it was unconstitutional to begin with.  If it were unconstitutional to begin with, blocking its rescission would not reinstate it, but rather reinstate the last lawful state of affairs � that is, the situation pre-DACA.>

“It’s clear why MALDEF, with its open-borders agenda, wants this suit to go away,” commented Dale L. Wilcox, executive director and general counsel of IRLI. “A victory here for Texas probably would be upheld by the Supreme Court, and DACA would be no more, rescission or no rescission. To try to stop that they’ll make any argument, even the mind-bending claim that, because a ruling by this court that DACA has never been lawful would change the effect of other courts’ rescission rulings, this court can’t take that step.”

The case is being heard by U.S. District Judge Andrew S. Hanen. In 2015, Judge Hanen struck down the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) program, which would have granted amnesty to 4 million illegal aliens and included an expanded version of DACA. Both the U.S. Court of Appeals for the Fifth Circuit and (in a 4-4 ruling) the U.S. Supreme Court upheld Judge Hanen’s DAPA decision.

The case is Texas v. United States, No. 1:18-cv-0068 (S.D. Tex.).

For additional information, contact: Brian Lonergan � 202-232-5590 � blonergan@irli.org Read more about Congressmen Bat Down MALDEF

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