Tuesday, August 20, 2019

Supreme Court Immigration News

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Edith Roberts on SCOTUSBlog provides some updates on the U.S. Supreme Court's immigration docket.  She identifies blog posts on two immigration developments.

At Take Care, Leah Litman and Kyle Skinner note that “[t]he Solicitor General recently filed a petition for certiorari asking the Supreme Court to review a constitutional challenge to the so-called expedited removal system,” in Department of Homeland Security v. Thuraissigiam; they argue that “[t]he Court should deny the petition, for no other reason than that the Trump administration –within the last month–announced that it is dramatically expanding, and therefore radically altering, the scope of the expedited removal system.”

At the Yale Journal on Regulation’s Notice & Comment blog, Bernard Bell writes that although Kansas v. Garcia, which asks whether a federal immigration-law provision pre-empts a state prosecution for identity theft for using someone else’s Social Security number, “may appear to be an immigration case, … lurking near the surface is a dispute over preemption analysis, namely the role of textualism and the scope of the presumption against preemption,” which “may have implications far beyond the immigration context.”

In addition, the Trump administration filed its brief in the DACA case, and defended the  lawfulness of dismantling the Obama administration policy.  Here is the briefThe case is set for oral argument in November



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