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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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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.
Federal court: Police immigration check on Maryland pedestrian with consular ID card was not unlawful profiling
Federal district Judge Benson Legg of Baltimore has dismissed “with prejudice” the immigration-related unlawful arrest and profiling case brought in 2009 against Frederick County Sheriff Charles Jenkins and two deputy sheriffs by Roxanna Santos, an illegal alien represented by CASA de Maryland and Latino Justice/PRLDEF and assisted by several national corporate law firms.
The court order and memorandum issued on February 7, 2012 (download below) dismissed civil rights allegations for unlawful arrest, racial profiling based on Latina appearance, conspiracy to violate civil rights, and supervisory liability claims against the Sheriff, the Sheriff’s Office, and the Frederick County Commissioners.
Federal Judge OKs Alabama HB 56, Affirms Key IRLI 'Attrition Through Enforcement' Doctrines
On September 28, US District Judge Sharon Blackburn issued Orders denying three requests by the Obama Administration, a coalition of illegal alien and cheap labor interests led by the ACLU and SPLC, and several bishops, to block implementation of the Alabama Taxpayer and Citizen Protection Act of 2011 ("HB 56.") Click on the attachments below to read the Order and Memorandum Opinion for the three related cases, plus the IRLI amicus brief:
US Supreme Court to Review Arizona SB 1070 Laws and IRLI Attrition through Enforcement Policy
The United States Supreme Court has granted certiorari in the case of Arizona v. United States, the Obama Administration’s challenge to Arizona’s landmark cooperative immigration enforcement law, known nationally as SB 1070. The high court’s December 12, 2011 decision to accept review is another favorable development in IRLI’s campaign to defend the constitutional authority of states to cooperatively enforce federal immigration laws.
IRLI Briefs BIA on Problems of Asylum Based on Overseas Domestic Violence
At the request of the Board of Immigration Appeals, IRLI has filed an important brief arguing that U.S. asylum and refugee law does not extend to most claims of persecution based on acts of domestic violence committed by private persons in an overseas household.
IRLI filed the amicus brief on October 18, 2011 on behalf of the Federation for American Immigration Reform. FAIR is a longtime critic of federal government failure to protect the asylum system against abusive or fraudulent claims by aliens who seek to bypass the lengthy application procedures required for persons who seek to immigrate to the United States for economic or personal advantage.
Kris Kobach Defends Farmers Branch in Fifth Circuit Oral Argument
On October 4, oral argument in the important case of Villas at Parkside II et al v. City of Farmers Branch was held by a three-judge panel of the Fifth Circuit, in New Orleans. Representing the City, IRLI Senior Counsel Kris Kobach guided the Court through the importance advances in the law of state and local immigration enforcement made possible by the recent decision of the US Supreme Court in its May 2011 decision, Chamber of Commerce v Whiting. Listen to the complete oral argument recording here.