A 1994 federal law authorizes the Department of Justice (DOJ) “to provide a range of federal assistance to state and local law enforcement,” Judge Sandra Ikuta wrote on Friday, describing DOJ’s administering “a competitive grant program that allocates a limited pool of funds.”. Instead, the Supreme Court’s ruling stated that “the appeals panel departed so drastically from the principle of party presentation as to constitute an abuse of discretion. Judge Kim Wardlaw dissented. “Among other things, an applicant must explain its need for federal assistance, provide information about its fiscal health, agree to comply with various provisions of federal law, and provide additional information and assurances of various kinds.”, “DOJ evaluates, scores, and ranks the submitted applications, then awards grant funds to the highest scoring applicants,” the opinion noted. He holds a Bachelor of Arts in French from the Johns Hopkins University and a Juris Doctor from the University of Maine School of Law. Ok, not really, but this is a pretty shocking decision. In this case: Is the federal law criminalizing the act of Sineneng-Smith Ginsburg participates in Supreme Court phone arguments from hospital, Sean Hannity: Biden says he'll save the world, but is 'barely able to leave that bunker', Cook Political Report editor: Time to 'sound the alarm' on Biden's likely victory, Severino blasts claims Barrett should recuse from election cases: 'Never been the historical standard', Bloomberg News issues correction after falsely reporting that Trump campaign pulled ads from Florida. question. When ICE arrests people, the only immediate review is from the ICE officers themselves. The Ninth Circuit specifically outlined issues for them to discuss, including whether the law in question was unconstitutionally overbroad under the First Amendment -- an issue separate from any of Sineneng-Smith's arguments. Powered and implemented by FactSet Digital Solutions. The government may appeal the 9th Circuit’s decision to the Supreme Court, and that may be for the best. Immigration controls and limits are now under vigorous attack every day, and FAIR urgently needs your support to defend our borders, national self-determination and the American quality of life ensured by responsible immigration limits. But it shouldn't be that way. TPS allows foreigners whose home countries experience a natural disaster, armed conflict or other extraordinary event to remain in the United States and apply for work permits. The attorney, Ahilan Arulanantham, called the decision “deeply flawed” during a call with reporters, and said the case eventually could be appealed to the U.S. Supreme Court, depending on the outcome of the request for a broader appeals court review. You've successfully subscribed to this newsletter! “encourag[e]or induc[e]an alien to come to, enter, or reside” unlawfully in financial gain unconstitutional, pursuant to the terms of the First Amendment? The court’s majority did, in passing, deliver what read like a rebuke to Trump, saying the judges “do not condone the offensive and disparaging nature of the President’s remarks.”. Legal Statement. This material may not be published, broadcast, rewritten, The plaintiffs in the case, who are U.S.-citizen children of those covered by TPS, decried the ruling. This matter arose or redistributed. “We conclude that DOJ did not exceed its statutory authority in including two scoring factors related to illegal immigration as part of its implementation of the grant program,” the court held. Judge Morgan Christen dissented from the decision, arguing that the plaintiffs made a strong case that then-Homeland Security Secretary Kirstjen Nielsen acted arbitrarily by deciding that DHS would no longer take account of intervening events since immigrants’ home countries were designated for TPS protection. Legal. ", The Supreme Court sent the case back down the Ninth Circuit "for reconsideration ... bearing a fair resemblance to the case shaped by the parties.". They also gave the organizations 20 minutes to present oral arguments, compared to just 10 for Sineneng-Smith's lawyers. ©2020 FOX News Network, LLC. the court should determine facts, weigh evidence or apply the relevant law. Without them, our substantive legal rights mean nothing. In 2-1 ruling, 9th Circuit says evidence was lacking that Trump’s ‘offensive and disparaging’ comments about immigrants impacted decisions. America's immigration courts were nearly at the breaking point even before the COVID-19 crisis, with a backlog of more than a million cases that has only grown worse since the pandemic forced the courts to partially close down. That was after she charged clients who sought to apply for labor certifications to obtain legal status, prosecutors said, even though she knew they could not meet the application deadlines. “But we cannot sweep aside the words that were actually used, and it would be worse for us to deny their meaning. encouraging or inducing illegal immigration for commercial advantage or private UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT . A federal appeals court has effectively greenlighted the Trump administration’s plan to expel more than 300,000 undocumented immigrants from El Salvador, Nicaragua and Sudan from the U.S. by ending the “temporary protected status” they have enjoyed for as long as two decades. What the heck? Rather, they decide questions of law. He also writes content for FAIR’s website and publications. Matthew J. O’Brien joined the Federation for American Immigration Reform (FAIR) in 2016. 18-50120. After Opening an Immigration Case: An Introduction for Attorneys . At trial, Sineneng-Smith argued that the relevant provisions of 8 U. S. C. §1324 violated  the  Petition and Free Speech Clauses of the First Amendment. Immediately prior to joining FAIR Matt served as the Chief of the National Security Division (NSD) within the Fraud Detection and National Security Directorate (FDNS) at U.S. She noted not only Trump’s "shithole countries" comment, but his claims that Haitians with TPS status “all have AIDS” and his descriptions of Mexican and Central American immigrants as criminals and snakes. The appeals court ruling means that those immigrants will be required to find another way to remain in the United States legally or depart after a wind-down period at least until early March and longer in the case of El Salvador. Border / Cartel ChroniclesImmigrationPoliticsAdministrative Procedure ActBill BarrConstitutionDonald TrumpNinth CircuitSpending ClauseSupreme Court. After Evelyn Sineneng-Smith had been convicted of violating a federal law related to encouraging illegal immigration, the Ninth Circuit reversed the decision… This is a gaping hole in our constitutional armor. court renders a decision on the basis of a procedural rule, which dictates how when Evelyn Sineneng-Smith, an immigration consultant, was charged with Given that this was a 2-1 conservative panel on a notoriously liberal court, Los Angeles could petition the appeals court to rehear the case en banc. The statute also imposes an enhanced penalty if the crime is The federal court's demand for the usual constitutional safeguards to apply to ICE should not be difficult for the government to meet, in theory. Over the past twenty years he has held a wide variety of positions focusing on immigration issues, both in government and in the private sector. All rights reserved. “Further, Congress may not impose conditions on federal grants that are unrelated to the federal interest in particular national projects or programs.”. Had it relied solely upon the arguments advanced by Sineneng-Smith and the government, the Ninth Circuit would have had no choice but to find that 8 U. S. C. §1324, like many other statutes that criminalize efforts to entice another to commit a crime, are not invalidated by the First Amendment. "The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate," the court said. Christen also said those challenging the government’s action presented ample evidence that Trump’s racial bias infected the decisions. Powered and implemented by FactSet Digital Solutions. Written by Allison Chan & Joseph Fungsang are attorneys at Margaret W. Wong & Associates LLC.. On Wednesday, May 22, 2019, the Ninth Circuit Court of Appeals issued an exciting decision, Lorenzo Lopez v.Barr, that addresses one of the hottest issues in U.S. immigration law today—the impact of the lack of time and date information on a “notice to appear” in immigration court proceedings. "For approximately two years, the district court's injunction prevented the Department of Homeland Security from taking action that Congress has vested solely within the discretion of the Secretary of Homeland Security — action that is statutorily precluded from judicial review. It ought to become the law of the land, and it ought to spur the government to reform the immigration court system at long last.

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