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Crane v. Napolitano--Why has the Obama Administration not Rescinded the Unconstitutional DACA Program?
In August of 2012, ten ICE agents sued DHS officials over the implementation of the Deferred Action for Childhood Arrivals (“DACA”) and aspects of the June 17, 2011 Morton memo (“Memo”) regarding prosecutorial discretion. Specifically, the ICE agents argued that DACA and the Memo are unconstitutional because Congress, by federal statute, requires the agents to place aliens who are not “clearly and beyond a doubt entitled to be admitted” to the United States into removal proceedings. 8 U.S.C. § 1225. However, DACA and the Memo prohibit the agents from complying with this statute for aliens who meet the DACA criteria.
On June 28, 2013, the Eighth Circuit Court of Appeals issued an important decision in the cases of Keller v. City of Fremont and Martinez v. City of Fremont, validating the authority of cities to deter an influx of illegal immigrants. The case involved a challenge by plaintiffs represented by the ACLU and MALDEF to a Fremont ordinance, passed by popular initiative, which prohibited the employment and the harboring of illegal immigrants in the City. The employment provision was previously upheld and not appealed.
IRLI Files FOIA Request on Behalf of FAIR for Records Related to the Release of Aliens Due to Sequester
On March 4, 2013, IRLI filed a Freedom of Information Act request on behalf of the Federation for American Immigration Reform seeking records related to the recent release of detainees pursuant to sequester. FAIR reported on ICE's release of detainees last week. ICE has twenty days from the date it receives the request to respond. The FOIA request is attached below.
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.