- BIA: Transportation of Narcotics is Not an Aggravated FelonyIn a surprising unpublished decision the Board of Immigration Appeals, which handles administrative appeals from deportation orders, held that transportation of cocaine under California law is not an aggravated felony.
- Attorney General Loretta Lynch Questioned on Syrian Refugee ScreeningOn Tuesday, November 17, Attorney General Loretta Lynch, in her first oversight hearing before the House Judiciary Committee, fended off hours of tough questions from Republicans who voiced skepticism that the U.S. can effectively screen prospective refugees seeking to enter the country from Syria.
- Medical Marijuana Users Still Presumptively Impaired to DriveIn a unanimous decision, Dobson et. al. v. McClennen (CV-14-0313-PR) issued Friday Nov. 20th, the Arizona Supreme Court (Bales, J.), held that persons driving after legally smoking medical marijuana are nevertheless “presumed to be under the influence” under Arizona law.
- ICE: Denying Legal Aid to Asylum-seeking FamiliesApproximately 2,400 asylum-seeking women and their children are being denied access to vital legal aid by U. S. Immigration and Customs Enforcement (ICE), while being held in a detention center in Dilly, Texas.
- 6,000 Prisoners Set For Early Prison Release by the Justice DepartmentIn an effort to reduce overcrowding and provide relief for drug offenders who received harsh sentences the Justice Department announced it will release 6,000 federal inmates early from prison between October 3 and November 2.
- Alabama Judge Orders Offenders to Donate Blood or Go to Jail for Unpaid Fines.A rural Alabama judge is facing criticism, and an ethics complaint, for telling a courtroom full of defendants, many indigent, facing unpaid fines: “If you do not have any money and you don’t want to go to jail, consider giving blood today and give me back your receipt.”
- Definition of Crime of Violence Unconstitutionally VagueIn a landmark decision, Dimaya v. Lynch a divided panel, relying on recent U.S. Supreme Court precedent, held that burglary under California law is not a “crime of violence” for immigration purposes; moreover 18 USC §16(b) which provides the federal definition of “crime of violence” is unconstitutionally vague.
- Anchor Babies: Texas Health Officials Deny Birth CertificatesA recent federal lawsuit brings into sharp relief what many Republicans and anti-illegal immigration groups call the “anchor babies” problem.
- Senate Bill Against Sanctuary Cities Voted DownThis week on October, 20 2015, in a 54 to 45 vote, the Senate blocked S. 2146, the Stop Sanctuary Policies and Protect Americans Act, from advancing to the Senate floor. If passed, the bill would have limited grants to cities that do not comply with detainers issued by DHS and increase penalties for individual who illegally reenter the United States. Furthermore, funding would have been denied to those cities deemed “sanctuary jurisdictions” where local law enforcement, among other things, did not check immigration status upon arrest.
- Senate to Hear Legislation on Sanctuary CitiesOn October 7th, 2015 Senator David Vitter introduced new legislation, the Stop Sanctuary Policies and Protect Americans Act. The precatory comments frame the legislative purpose as “ [to] hold sanctuary jurisdictions accountable for defying Federal law, to increase penalties for individuals who illegally reenter the United States after being removed