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Frederick County, Frederick County Sheriff Jenkins, and two deputies have asked the Supreme Court to review a Fourth Circuit opinion which held that state officers may not detain an alien pursuant to an immigration warrant.
The Immigration Reform Law Institute filed a friend of the court brief in the United States Supreme Court urging the court to review a Fifth Circuit decision invalidating a Farmers Branch, Texas ordinance that requires adult renters to obtain a rental license. The Ordinance requires the city to verify the immigration status of all non-citizens issued rental licenses, and the city housing inspector must order landlords to terminate rental agreements with non-citizens who the federal government confirms are not lawfully present the United States.
The City of Hazleton, Pennsylvania has filed a Petition for Certiorari to the Supreme Court asking the Court to review the Third Circuit's decision which again found its employment and harboring provisions preempted. IRLI is counsel for the City in the case. The Third Circuit reviewed the case for a second time after the Supreme Court vacated the previous opinion and instructed the Third Circuit to reconsider the case in light of Chamber of Commerce v Whiting.
Crane v. Napolitano--Why has the Obama Administration not Rescinded the Unconstitutional DACA Program?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.