Cases

December 4, 2018

IRLI filed a brief with Acting Attorney General Matthew Whitaker, who is considering whether to overrule a decision by the Board of Immigration Appeals granting asylum to aliens who participated in the persecution of others in their home countries. IRLI urges Whitaker to keep in place the bar on granting asylum or similar relief to persecutors – the so-called “persecution bar” – and to reject the Board’s exception for those wh...

November 16, 2018

IRLI filed a friend-of-the-court brief in a federal lawsuit brought by open-borders activist groups challenging President Trump’s chosen method for dealing with the “caravan” of would-be illegal aliens from Central America now arriving at our southern border. In its brief, IRLI argues that these activist groups lack standing to sue.

Faced with that “caravan,” the Trump Administration has made those who cross the south...

October 15, 2018

At the invitation of the Attorney General, the Federation for American Immigration Reform (FAIR) has filed a friend-of-the-court brief supporting the Administration’s continuing efforts to deter illegal and dangerous border crossings. 

Representing FAIR, lawyers at the Immigration Law Reform Institute (IRLI) have identified a loophole in the Department of Homeland Security’s screening program for asylum seekers that s...

October 9, 2018

IRLI filed a friend-of-the-court brief in the Court of Appeals for the Second Circuit in support of the government’s removal of a criminal alien. In 2007, Ravidath Ragbir, a lawful permanent resident, was convicted of wire fraud. Because that offense is an aggravated felony under our immigration laws, he was ordered removed from the United States. He did not go quickly, however. For ten years, Immigration and Customs Enforceme...

September 24, 2018

IRLI filed a friend-of-the-court brief in the U.S. District Court for the District of Maryland in support of the Department of Commerce, which oversees the U.S. census. A coalition of open-borders groups is suing to block the Department from implementing its plan to ask census responders whether they are U.S. citizens. IRLI represents the Federation for American Immigration Reform (FAIR) in its brief supporting the government....

September 10, 2018

IRLI filed an important friend-of-the-court brief in Philadelphia v. Sessions, the first federal appeals court case to test a new open-borders legal theory that has been rearing its head in selected federal district courts across the country. The theory is that a key law passed by Congress requiring state and local governments not to interfere in federal immigration enforcement is unconstitutional – a violation of the Tenth Am...

August 23, 2018

IRLI filed a friend-of-the-court brief in Vidal v. Trump, a case in the U.S. Court of Appeals for the Second Circuit in which plaintiffs, beneficiaries of the Deferred Action for Childhood Arrivals (“DACA”) program, are suing to block the Trump Administration’s rescission of DACA. IRLI’s brief zeros in on one issue: whether a lower court was wrong not to dismiss plaintiffs’ claim that ending DACA, which mainly b...

July 27, 2018

IRLI filed a brief in the U.S. Court of Appeals for the Ninth Circuit on the issue of whether the Constitution requires that criminal aliens who are in detention pending their removal hearings be given periodic bail hearings. Because these aliens have chosen their own detention, IRLI argues, they have no constitutional right to such hearings.

IRLI filed its brief in support of the United States government. The case is in the Ni...

July 27, 2018

The Immigration Reform Law Institute (IRLI) submitted an important friend-of-the-court brief to advise the Board of Immigration Appeals—the nation’s review board for federal immigration cases—that immigration judges can continue to deport aliens charged with state controlled substance offenses who do not obtain a full dismissal as “not guilty.” The brief was filed on behalf of the Federation for American Immigration Reform (FA...

June 29, 2018

IRLI filed a friend-of-the-court brief in this case on birthright citizenship before the U.S. District Court for the District of Utah. Plaintiffs, American Samoans who reside in Utah, claim that their birth in American Samoa made them U.S. citizens under the Constitution.

According to congressional enactment, reached upon agreement with American Samoa when the islands making it up became a United States territory, persons...

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