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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.
On Monday, April 21, 2014, the Supreme Court will decide whether to grant certiorari in a challenge to SB 1070's prohibition on harboring illegal aliens, a provision of SB 1070. That provision, found preempted by the Ninth Circuit, merely restates federal law to make it a crime in Arizona to harbor an illegal alien. IRLI filed an Amicus Brief supporting certiorari. IRLI argued that the decision conflicted with Supreme Court decisions and that of other circuits. IRLI also argued that the case presents an opportunity for the Supreme Court to finally fashion a definition for the crime of harboring an illegal alien. Circuits have been split on that issue for decades.
On December 13, 2013, a Federal District Judge in Texas admonished the Department of Homeland Security because "instead of enforcing our border security laws, [DHS] actually assisted the criminal conspiracy [of alien smuggling] in achieving its illegal goals." According to the Court, "The DHS is rewarding criminal conduct instead of enforcing the current laws" and "encouraging parents to seriously jeopardize the safety of their children."
On December 13, 2012, attorneys Kris Kobach and Garrett Roe attended oral arguments in the cases of Martinez v. City of Fremont and Keller v. City of Fremont before a panel of the United States Court of Appeals for the Eighth Circuit. Kris Kobach argued for the City of Fremont.
Representing the landlord and tenant plaintiffs were attorneys for the American Civil Liberties Union and the Mexican American Legal Defense and Education Fund. Also arguing against the City was an attorney for the United States Department of Justice.