Sunday, November 21, 2021

Immigration Cases Before the Supreme Court This Term


Official Supreme Court Photo

It is still early in the 2021 Term of the U.S. Supreme Court.  The American Immigration Council summarizes the immigration cases currently before the high Court:

1.    Patel v. Garland addresses a judicial review question.  The argument is on December 6.

2.    Johnson v. Arteaga-Martinez and Garland v. Aleman Gonzalez:  On January 11, 2022, the Court will hear argument in a pair of cases addressing access to bond hearings for noncitizens in detention.

3.   Egbert v. Boule raises the question whether a federal officer may be held personally responsible for damages—under a case known as Bivens—when the officer violates the Constitution in an immigration-related action.

4.    Arizona v. City and County of San Francisco, California:  In this case, the Supreme Court will consider whether states have the right to defend a government regulation that the United States has stopped defending.  Arizona, Alabama, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Montana, Oklahoma, South Carolina, Texas, and West Virginia want to defend the Trump administration's “public charge” rule, even though the Biden administration is no longer defending it.

For all the background on the cases, as well as briefs, check out


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