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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.
IRLI Files Amicus Brief in Utah Describing Abuse of Prosecutorial Discretion by Feds in HB 497 Preemption Case
IRLI has sought leave to file 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.
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:
Lozano v. City Of Hazleton Update: IRLI Brief Explaining the Impact of Chamber Of Commerce v. Whiting Filed in Third Circuit
On September 27, 2011 the City of Hazleton, Pennsylvania filed its brief explaining how the US Supreme Court’s recent decision in Chamber of Commerce v. Whiting has invalidated the Third Circuit’s prior holding in Lozano v. City of Hazleton. In May 2011, the Supreme Court vacated the Third Circuit’s holding and ordered the appeals court to reconsider its decision in light of Whiting. Click on the attachment below to read the letter brief.
IRLI Files Supreme Court Brief on Behalf of US Congress Members Supporting Arizona SB 1070
On September 12, 2011, IRLI, partnering with the American Center for Law and Justice, filed a brief on behalf of four United States Senators and 55 United States Congressmen urging the United States Supreme Court to hear the case of United States v. Arizona. Click on the attachment below to read the brief.
IRLI previously joined with ACLJ in filing briefs on behalf of members of Congress supporting Arizona in both the Ninth Circuit and in the Arizona District Court.