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“The great challenge facing us now is to invent the corrective feedbacks that are needed to keep custodians honest. We must find ways to legitimate the needed authority of both the custodians and the corrective feedbacks.”
—Garrett Hardin, The Tragedy of the Commons (1968)
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The Immigration Reform Law Institute (IRLI) is America’s only public interest law organization working exclusively to protect the legal rights, privileges, and property of U.S. citizens and their communities from injuries and damages caused by unlawful immigration. Learn more »
From the Blog
'Illegal Alien' the preferred phrase for Supreme Court Justices in US v Arizona oral argument
The May 26 oral arguments for the Arizona SB 1070 case before the U.S. Supreme Court were notable for the use of the correct immigration law terminology for aliens unlawfully present in the United States.
Justice Alito and Roberts both used the term "illegal alien" once. Justice Sotomayor used the same "illegal alien" term eight times in questioning Solicitor General Verrilli. Justice Scalia used the term "illegal immigrant" once.
New IRLI Brief in Santos case: Local police can make administrative arrests of illegal aliens
Attorneys representing two Frederick County Maryland sheriff's deputies in an important legal battle, upholding the right of local police to detain aliens without official immigration papers and apprehend aliens wanted by ICE for immigration law violations, have filed a brief explaining for the third time why federal District Judge Benson Legg should reaffirm his March 2012 order dismissing all charges against the Sheriff's Office and its dedicated officers. Access the complete brief below.
IRLI Files Eleventh Circuit Amicus Brief Supporting Alabama HB 56, Section 30
On March 16, 2012, IRLI attorney Garrett Roe filed a friend of the court brief with the Federal Appeals Court in Atlanta, supporting Alabama’s Commissioner of Revenue Julie Magee in a lawsuit filed by attorneys representing MALDEF and the SPLC. The case is Alabama Fair Housing Center v. Magee. That case was originally filed in the Middle District of Alabama, and challenges the Commissioner’s practice of requiring proof of lawful presence to obtain a registration decal for motor homes in the State under HB 56, Section 30. Section 30 prohibits Alabama from entering into business transactions with the State. Access the full brief below.
IRLI collaborates on important Supreme Court briefs in SB 1070 case
On February 13, 2012, two amicus briefs, one by IRLI and another by IRLI-affiliated outside attorney Kris Kobach, were filed with the U.S. Supreme Court in the U.S. v. Arizona (SB 1070) litigation. The combined briefs present nineteen essential legal points which explain how the three challenged provisions of SB1070 are in full harmony with the federal immigration laws enacted by Congress. The briefs also explain the provisions of the U.S. Constitution which delineate the complementary roles of Congress, the executive branch, and the states in the enforcement of American immigration and nationality law.
IRLI Files Amicus Brief in Utah Describing Abuse of Prosecutorial Discretion by Feds in HB 497 Preemption Case
IRLI has filed an amicus brief (attached below) with the federal district court in Salt Lake City. The IRLI brief highlights a critical point of law that none of the Attorneys General in any of the states being sued by the Obama administration has yet addressed: The claim by both DHS and the La Raza plaintiffs that agency “priorities” preempt state cooperative enforcement laws like HB 497. IRLI investigated the source of this alleged “priority” power grab and has concluded that it is illegitimate, as it is almost entirely based on internal DHS memoranda, in particular the controversial “Morton memoranda” by current ICE Director John Morton.
Update: Nebraska Federal Judge Issues Favorable Decision in Fremont Ordinance Case
The federal District Court of Nebraska in Omaha has issued an important opinion in the consolidated cases of Keller v. City of Fremont and Martinez v. City of Fremont. The Court upheld most of Fremont’s pioneering citizen enforcement law, enacted by popular referendum in 2010, against twin lawsuits engineered by the ACLU and MALDEF. Read the full decision below.

