Today we filed a brief in support of rehearing by the Ninth Circuit en banc, of the Ninth Circuit’s motions panel denial of the Trump Administration’s motion for a stay of the Temporary Restraining Order issued by a federal district judge in Washington State enjoining operation of the President’s Executive Order on immigration and refugees.
Today we filed an amicus brief in the Ninth Circuit in support of a motion to stay a Temporary Restraining Order issued by the U.S. District Court for the Western District of Washington, which prohibited enforcement of several sections of President Trump’s recent Executive Order temporarily suspending entry of certain immigrants and refugees into the United States.
Today, our firm filed comments with the division of the U.S. Department of Homeland Security responsible for Refugee matters, opposing changes in the form used to seek refugee status. If changed as proposed, the form will fail to obtain from applicants the information needed for the government to make a proper determination as to whether a person claiming refugee status actually qualifies as a refugee under federal law.
Today, we authored a paper entitled “The Constitutional Case for an Interstate Border Compact” for the United States Justice Foundation. Even though President Obama is hostile to national immigration law, the states could step in and take the lead. One way that they could assume this responsibility is entering into an “interstate border compact” as authorized by the U.S. Constitution.
Today our firm filed an amicus brief in the Tenth Circuit in support of the right of Kansas to require that persons registering to vote under the National Voter Registration Act of 1994 submit documentary proof of citizenship. Our brief supported the position taken by Kansas Secretary of State Kris Kobach.
Today we filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit defending the right of the State of Arizona to refuse to issue drivers licenses to illegal aliens who enjoy temporary protection from deportation based on President Obama’s Deferred Action for Childhood Arrivals (DACA) Program.
Today we filed a brief in the U.S. Supreme Court supporting the challenge filed by Texas and 25 other states to the Obama Administration’s DAPA amnesty program. (We had earlier filed an amicus brief in support of Texas in this case in the Fifth Circuit, where Texas prevailed.) Our brief explains why the Executive Branch had no authority (through DAPA or otherwise) to grant unilaterally “lawful presence” to approximately 4 million illegal aliens. It also explains that such unilateral Executive Action violates the federal separation of powers. Lastly, it explains why the sovereign States have the right to seek federal judicial review of such unlawful and unconstitutional executive actions as they constitute a constitutional “controversy” that must be decided by federal courts in accordance with Article III, Section 2, and that the traditional rules of standing do not apply.
Chuck Baldwin’s editorial opinion “Obama Administration ‘Rigging’ US Census By Counting Illegal Aliens” discusses our amicus brief in the case of Louisiana v. John Bryson in the United States Supreme Court. Our amicus brief was filed in support of plaintiffs’ motion for leave to file a bill of complaint, challenging the constitutionality of the 2010 Census. Chuck Baldwin is one of the amici curiae.
Today our firm filed an amicus brief in the case of State of Arizona et al.v. United States in the United States Supreme Court in support of petitioners’ petition for a writ of certiorari. Our brief argues that it is the preeminent duty of the Supreme Court to preserve the balance between the federal and state governments struck by the United States Constitution.
A legal analysis of Birthright Citizenship, written by Bill Olson, Herb Titus and Alan Woll, was re-released by U.S. Border Control today. The paper, “Children Born in the United States to Aliens Should Not, by Constitutional Right, Be U.S. Citizens” was originally published in January 2001,and then updated in March 2003. The House of Representatives is expected to be considering legislation on this topic in the near future.