Immigration

  • November 25, 2014

    by Caroline Cox

    Krishnadev Calamur of NPR reports on the aftermath of the Ferguson Grand Jury’s decision not to indict Officer Darren Wilson. Kimberly Kindy of The Washington Post discusses how juries tend to give police the benefit of the doubt in such cases.

    In The New York Times, Adam Liptak considers whether there is a numerical tipping point at which the Court will feel prepared to invalidate state laws and what it could mean for the marriage equality fight.

    In Slate, Mark Joseph Stern writes about how a Supreme Court ruling that allowed religious holiday displays has meant that the government must also support the Satanic Temple and other controversial religious groups.

    E.J. Dionne Jr. of The Washington Post examines President Obama’s immigration announcement and what it says about the plans of the president’s political opponents.

    In The New Yorker, Jill Lepore writes about the theft of Justice Felix Frankfurter’s papers from the Library of Congress and the challenges to investigating the history of the Court.

  • November 21, 2014
    Guest Post

    by Erwin Chemerinsky and Samuel Kleiner. Chemerinsky is Dean of the University of California, Irvine School of Law; Kleiner is a fellow at the Yale Law Information Society Project.

    In the face of an ongoing humanitarian crisis as families are broken up by deportations, President Obama’s bold executive action is legally permissible and morally necessary. The angry Republican rhetoric is misguided both as a matter of constitutional law and as a matter of desirable social policy.

    In terms of the Constitution, President Obama drew a careful distinction based on what he can and can't do without congressional action. The President cannot bestow citizenship on individuals except as authorized by law. President Obama’s executive order does not attempt to do this. 

    But what a president may do is set enforcement priorities, choosing who to prosecute or who to deport. No government brings prosecutions against all who violate the law. Resources make that impossible and there are laws on the books that should not be enforced. Nor has any administration, Democratic or Republican, sought to deport every person who is illegally in the United States.   For humanitarian reasons or because of foreign policy considerations or for lack of resources, the government often chooses to focus deportations along certain criteria.

    In fact, as recently as two years ago, the Supreme Court in United States v. Arizona recognized that an inherent part of executive control over foreign policy is the ability of the President to choose whether or not to bring deportation proceedings. On numerous other occasions, the Supreme Court and lower federal courts have recognized prosecutorial discretion to decide when to bring criminal prosecutions or immigration enforcement actions.

    The overblown Republican rhetoric fails to recognize that what President Obama announced was enforcement priorities. He has instructed the executive branch, which is under his control, to prioritize deportation proceedings against felons and those who pose a public danger, but not to deport parents of young children who are United States citizens and who present no threat.   Such discretion is clearly and unquestionably part of the president’s power.     

    Nor is there any realistic chance that any court will find otherwise. No one is likely to have standing to challenge President Obama’s policy. And even if a court were to address the issue, the law is well established that presidents have discretion to decide whether to prosecute or bring deportation actions. Contrary to the Republican rhetoric, President Obama is violating no law and is acting within his constitutional authority.

  • November 21, 2014

    by Caroline Cox

    At Hamilton and Griffin on Rights, Thomas B. McAffee explains how religious freedom arguments about marriage equality miss the mark.

    Katie McDonough of Salon discusses how, in light of the growing number of states introducing abortion restrictions, women have begun sharing their abortion stories.

    Peter Beinart looks at President Barack Obama’s immigration announcement in The Atlantic, asserting that the executive order helps fulfill his promise to progressives.

    In the Huffington Post, Fred Wertheimer argues that Citizens United will go down in history as one of the worst Supreme Court decisions. 

  • November 20, 2014

    by Caroline Cox

    Boer Deng and Dahlia Lithwick report in Slate on the upcoming Texas execution of a profoundly mentally ill man.

    In The Washington Post, Katrina vanden Heuvel provides a hopeful vision of criminal justice system reform.

    In The New York TimesMichael D. Shear previews President Obama's upcoming announcment on his executive action on immigration. 

    Ian Millhiser argues at Think Progress that the Supreme Court has previously said that President Obama has the necessary power to issue his immigration order.

    At Vox, Sarah Kliff profiles Michael Cannon, the ardent Obamacare opponent who has led the new legal attack on the law. 

    Mychal Denzel Smith writes for The Nation that a failure to indict Darren Wilson will not stop the movement against police violence in the United States.

  • September 24, 2014
    Guest Post

    by Carlos Sandoval, Esq. and Catherine Tambini. Their award-winning film, The State of Arizona, will be screened by the ACS’ New York Chapter on Tuesday, October 7 at the offices of Baker Hostetler.

    Who has a right to be an American citizen? Most agree the 14th Amendment's "birthright citizenship" clause, as interpreted by the Supreme Court, settles one aspect of the matter. If you’re born on US soil, you’re a citizen, with minor exceptions.

    In 2011, a group of state legislators concerned about the flow of unauthorized migrants sought to redefine the exceptions. Undocumented parents, they argued, were not subject to the jurisdiction of the United States and therefore their children could not be US citizens “simply by virtue of their GPS location.”

    As we transition from Constitution Week to Hispanic Heritage Month, we’d like to invite you to watch an emotionally packed scene that reveals the potency of the Constitution as a living document. It’s also a scene that reverberates with the centuries old question of identity among Latinos in America.

    For reasons of storytelling and time, we had to drop the footage from the final cut of our film, The State of Arizona. The scene takes place on the grounds of the Arizona State Legislature and inside its Senate Chamber.  Though we filmed in 2011, the arguments haunt us today in the absence of national immigration reform.

     

    A Birthright Citizenship Battle from caminobluff on Vimeo.