11-182 Arizona v. The United States

The U.S. Supreme Court will rule on Arizona's controversial immigration law this year.  Click here for the details on the Supreme Court's website.  Click here to view the questions presented. 

Federal Government Challenges South Carolina's Immigration Law

The U.S. Department of Justice announced on Halloween (2011) that they have filed a complaint against the state of South Carolina because the recently passed immigration law is unconstitutional and interferes with the federal government's authority to regulate immigration.  To read the complaint, click here. 

The Lowcountry Immigration Coalition and others have already filed a complaint in federal court regarding the same law.

Lowcountry Immigration Coalition, et al. v. Nikki Haley

The Lowcountry Immigration Coalition and others officially filed suit today seeking to enjoin enforcement of key provisions of SB 20, South Carolina's controversial immigration law.  To view a copy of the complaint on the ACLU's website, click here.  Read the Huffington Post article here. 

Prosecutorial Discretion Announcement by White House

The Obama Administration announced on August 18, 2011 through The White House Blog that they will be changing their focus with respect to immigration enforcement.  The announcement indicated prosecutorial discretion would exercised in cases as outlined in Immigration and Customs Enforcement Director John Morton's June 17, 2011 memo.  To be clear, this is not an amnesty program. This new policy will likely provide some relief to many who deserve it.  However, there is no guarantee that your case will be selected for prosecutorial discretion.

If your case is selected for prosecutorial discretion, then you may be able to obtain work authorization.  Again, beware of those who guarantee a result. 

If you have questions about this, contact a licensed immigration lawyer.

California Supreme Court to Decide if Illegal Immigrant Can Practice Law

The California Supreme Court will decide if an illegal immigrant can become licensed to practice law. See the article at ABAJournal.com.

Parts of Georgia HB 87 Blocked

Key parts of Georgia's HB 87, a recently enacted state immigration law, were blocked by the Federal District Court in Atlanta, GA. Click here to read the New York Times article. For more information, see the ACLU Georgia website.

Arizona Business License Law Upheld in Chamber of Commerce v. Whiting

The Supreme Court upheld the Arizona law allowing for revocation of employers' business licenses if they employ unauthorized workers. For a summary, check out the article at www.abajournal.com.

Take a look at the following from the Supreme Court's opinion: "The Immigration Reform and Control Act (IRCA) makes it 'unlawful for a person or other entity . . . to hire, or to recruit or refer for a fee,for employment in the United States an alien knowing the alien is an unauthorized alien.' 8 U. S. C. §1324a(a)(1)(A). Employers that violate that prohibition may be subjected to federal civil and criminal sanctions. IRCA also restricts the ability of States to combat employment of unauthorized workers; the Act expressly preempts 'any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.' §1324a(h)(2)." Those who might be inclined to think that this means certain defeat for opponents of the more aggressive state laws that Arizona and other states have passed (or are considering) should note the "other than through licensing and similar laws" language quoted in the Supreme Court opinion.

To read the opinion for yourself on the U.S. Supreme Court's website, click here.