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Judicial Cases

 

U.S. 8th Circuit Court Allows Local Governments to Punish Businesses who Hire Illegal Aliens

Wednesday, June 17, 2009, 1:11 PM EST

The U.S. 8th Circuit Court of Appeals has ruled that local governments can suspend the business licenses of businesses that hire illegal aliens. The case stems from a local ordinance in Valley Park, Mo. where a law was passed that requires local businesses to use E-Verify.

Settlement Will Provide Amnesty for Tens of Thousands of Immigrants

Monday, December 15, 2008, 10:35 AM EST

A court decision in Washington state will open up amnesty for thousands of immigrants. The settlement allows for a one-time amnesty to immigrants who were unlawfully in the United States from 1982 to 1988 as result of the 1986 immigration law reform.

Ariz. E-Verify Mandate Upheld in Appeals Court

Updated Saturday, September 20, 2008, 10:00 AM EST

The Ninth Circuit U.S. Court of Appeals this week upheld an Arizona law that requires businesses to use E-Verify to check worker eligibility and revokes the business licenses of those who knowingly hire illegal aliens.

Immigration Attorney Gets One-Year Jail Sentence for Document Fraud

Friday, September 12, 2008, 3:45 PM EST

An immigration attorney and restaurateur from Hartford, Conn. was sentenced this week to one year in Federal prison for knowingly falsifying and filing paperwork for a woman in Poland to begin the citizenship process without her knowledge or consent, the Hartford Courant reports.

Nevada McDonald's Franchisee Fined $1 Million for Hiring Illegal Aliens

Thursday, July 17, 2008, 11:22 AM EST

A Reno McDonald's franchisee has been fined $1 million for giving illegal aliens false Social Security numbers so they could be hired.

Supreme Court Denies Fence Lawsuit

Updated Tuesday, June 24, 2008, 6:20 AM EST

The U.S. Supreme Court yesterday refused to hear a lawsuit brought by environmental groups challenging the Bush administration's ability to expedite construction of a section of border fence near Naco, Arizona.

Supreme Court to Decide if Illegal Aliens can Receive In-state Tuition

Updated Monday, June 16, 2008, 3:11 PM EST

Several states, including California, Texas, and Kansas, currently allow illegal aliens to receive in-state tuition. However, the same privilege is not granted to legal Americans from out-of-state.

California Supreme Court Take on Law Allowing In-State Tuition to Illegal Aliens

Monday, January 5, 2009, 9:43 AM EST

The California Supreme Court has agreed to hear a case that will determine the constitutionality of a state law that grants in-state tuition rates to undocumented students.

Supreme Court to Hear Case on Illegal Aliens' Use of Fake IDs

Tuesday, October 21, 2008, 9:49 AM EST

The Supreme Court accepted a case on Monday that could have a large impact on the government's enforcement of illegal aliens. The case will review whether or not prosecutors have to prove that defendants knowingly victimized real persons in identity theft cases.

Calif. Court Says In-State Tuition for Illegal Aliens Violates Constitution

Thursday, September 18, 2008, 11:06 AM EST

A California court has ruled that a law granting in-state tuition to illegal aliens is unconstitutional and ordered the state to start charging 80,000 out-of-state students the lower in-state rates. This ruling can be used to challenge similar laws in nine other states.

Arrested Illegal Aliens Get Help From Bond Fund

Tuesday, August 12, 2008, 7:55 AM EST

Boston financier Robert Hildreth has formed the National Immigrant Bond Fund in an effort to aid arrested illegal aliens, the Washington Times reports. Critics fear the fund could make it easier for illegal aliens to disappear after being released on bail.

Supreme Court Turns Down In-State Tuition Case

Updated Tuesday, July 1, 2008, 5:00 PM EST

On June 23, the U.S. Supreme Court denied certiorari to Day v. Bond, a case challenging a Kansas law that gives in-state tuition discounts to illegal aliens.

Supreme Court Ruling Lets Voluntary-Departure Aliens Back Out of their Deal

Updated Wednesday, June 18, 2008, 9:44 AM EST

U.S Supreme Court
Today, the U.S. Supreme Court ruled in a 5-4 decision that deportable illegal aliens can back out of their agreement to voluntarily depart the country and get another opportunity to make the case to immigration officials that they should be allowed to adjust their status.

In the News

Homeland Security Is Ordered to Respond to Petition on Immigration Jails

In the News - Saturday, June 27, 2009

Substandard and abusive conditions in immigration detention “are of the utmost importance,” a federal judge in Manhattan said Thursday, ruling that the Department of Homeland Security’s 2 ½-year delay in responding to a petition for legally enforceable regulations was “unreasonable as a matter of law.”

The judge, Denny Chin of Federal District Court in Manhattan, ordered the Obama administration to grant or deny the petition asking for detention rules within 30 days. He denied the government’s motion to dismiss a lawsuit, filed last year by two former immigration detainees and two advocacy agencies, seeking to force a response.

By Nina Bernstein -- New York Times

http://www.nytimes.com/2009/06/27/nyregion/27immig.html?_r=1&ref=nyregion

Feds spike voter citizenship checks in Georgia

In the News - Monday, June 1, 2009

The Justice Department has rejected Georgia's system of using Social Security numbers and driver's license data to check whether prospective voters are citizens, a process that was a subject of a federal lawsuit in the weeks leading up to November's election.

In a letter released on Monday, the Justice Department said the state's voter verification program is frequently inaccurate and has a "discriminatory effect" on minority voters. The decision means Georgia must halt the citizenship checks, although the state can still ask the Justice Department to reconsider, according to the letter and to the Georgia secretary of state's office.

By Shannon McCaffrey -- The Associated Press

http://www3.signonsandiego.com/stories/2009/jun/01/us-voting-checks-060109/

Court Upholds Cuts in Aid to Noncitizens Who Are Old, Blind or Disabled

In the News - Friday, May 15, 2009

Thousands of impoverished elderly, disabled or blind legal residents of New York State, including refugees, will be limited to $352 a month in public aid — about half of what lower courts have said they should get — under a decision by the Court of Appeals, the state’s highest court.

The 5-to-2 decision, rendered on Tuesday, overturned the rulings of two lower courts, which had held that under the state and federal Constitutions, such legal residents could not be denied a higher level of benefits simply because they were not citizens. On narrower grounds, the high court held that the state had no duty to fill in for a federal program that had stopped benefits to most disabled legal immigrants in 1996.

By Nina Bernstein -- New York Times

http://www.nytimes.com/2009/05/15/nyregion/15benefits.html

Criminal aliens getting more ICE attention

In the News - Tuesday, May 12, 2009

"Calls for U.S. immigration officials to concentrate on deporting more illegal aliens who have serious criminal records are showing results, police say.

A new program at the U.S. Immigration and Customs Enforcement agency -- called Secure Communities -- is netting aliens for deportation when they are arrested for crimes by police in 48 communities, USA Today reported Tuesday.

The program was established in response to criticism of ICE during the Bush administration. Observers said the agency concentrated too much on mass deportations of immigrant workers picked up during raids on work places instead of targeting violent illegal aliens who commit crimes, the newspaper said...."

UPI, 12 May 2009

http://www.upi.com/Top_News/2009/05/12/Criminal-aliens-getting-more-ICE-attention/UPI-58211242144472/

Court Bars Identity-Theft Law as Tool in Immigration Cases

In the News - Tuesday, May 5, 2009

The Supreme Court on Monday rejected a favorite tool of prosecutors in immigration cases, ruling unanimously that a federal identity-theft law may not be used against many illegal workers who used false Social Security numbers to get jobs.

The question in the case was whether workers who use fake identification numbers to commit some other crimes must know they belong to a real person to be subject to a two-year sentence extension for “aggravated identity theft.”

By Adam Liptak and Julia Preston -- New York Times

http://www.nytimes.com/2009/05/05/us/05immig.html?_r=1

William and Mary student to serve 12 months over immigration offenses

In the News - Wednesday, April 29, 2009

"A former FBI agent and William and Mary student has been sentenced to 12 months in prison after admitting she entered a sham marriage to gain U.S. citizenship more than seven years ago.

Yue Cheng, 26, of Williamsburg was sentenced to a year in prison by Judge Henry Coke Morgan, said Dana J. Boente, acting U.S. attorney for the Eastern District of Virginia.

Cheng pleaded guilty on Dec. 4 to five federal offenses, including marriage fraud and unlawfully claiming U.S. citizenship."

David Macaulay, Daily Press (Va.), 29 April 2009

http://www.dailypress.com/news/dp-local_fbiagent_0429apr29,0,7594147.story

Md. schools forbid illegals head count

In the News - Wednesday, March 25, 2009

"The Maryland State Board of Education on Tuesday said Frederick County officials are prohibited by federal law from seeking a count of how many illegal immigrants are in the county school system....

"What the Supreme Court says is that you cannot deny the public education. The same Supreme Court decision doesn't talk about [the Board of Education's] ability to provide information," Mr. Jenkins said.

Mr. Jenkins said that if the number of illegal immigrants in the school system were known, taxpayers would know more about where their money is going. He also said that if the head count were taken, the county could ask the federal government to help fund the education of those without legal status"

Mark Chenoweth, Washington Times, March 25, 2009

http://www.washingtontimes.com/news/2009/mar/25/maryland-wont-allow-counting-of-illegals/

Massachusetts Wage Laws Protecting Illegal Workers

In the News - Monday, December 29, 2008

Massachusetts courts and lawmakers are forcing companies to pay fair wages to illegal aliens.

"Lawyers and advocates say that beyond the unfairness to victims, abuses against immigrants are a threat to American workers, because the practices - common in cleaning, construction, and other industries - could spread to the general workforce during the economic downturn."

By Maria Sacchetti, Boston Globe

http://www.boston.com/news/local/massachusetts/articles/2008/12/29/state_wage_laws_also_protecting_illegal_workers/

Immigration lawyers' misconduct targeted in federal proposal

In the News - Saturday, August 23, 2008

"The Bush administration has quietly proposed to overhaul the disciplinary process for lawyers practicing in the nation's immigration courts, aiming to weed out abusive and incompetent ones.

The proposed changes would set new minimum standards of conduct for the attorneys and give judges greater power to punish them...."

Richard B. Schmitt, LA Times, 23 August 2008

http://www.latimes.com/news/nationworld/nation/la-na-immig23-2008aug23,0,1727048.story

Immigration cases now lead federal prosecutions

In the News - Thursday, July 17, 2008

"Americans who have demanded better enforcement against illegal immigrants are getting it. Immigration prosecutions are skyrocketing, according to an independent group that analyzes federal data...."

Patrick McGee, Fort Worth Star-Telegram

http://www.star-telegram.com/local/story/764507.html