court cases

A three-judge panel of Fifth Circuit Court of Appeals ruled that parts of the Texas anti-sanctuary law can take effect while the merits of the case are heard in U.S. District Judge Orlando Garcia’s court. Among other things, the panel narrowed Garcia’s hold on a provision requiring law enforcement officials to honor U.S. Immigration and Customs Enforcement (ICE) detainer requests. This is the highest court to date to rule on a state’s attempt to crack down on local sanctuary policies.

U.S. District Judge Andrew Hanen heard arguments yesterday in a case brought by 25 governors and attorneys general to block President Obama from implementing another executive amnesty. Judge Hanen decided not to rule on the plaintiffs’ request for a preliminary injunction before Jan. 30.

Tennessee Attorney General Herb Slatery today announced his state has joined the lawsuit filed by attorneys general and governors challenging the constitutionality of President Obama’s executive amnesty. That lawsuit, now brought by 25 states, seeks a preliminary injunction to halt implementation of the president’s plans while the court considers the merits of the case.

Last week Judge Beryl Howell of the U.S. District Court for the District of Columbia in the case Arpaio v. Obama, et. al granted plaintiff Sheriff Joe Arpaio's request for an expedited hearing and ruling on his motion for preliminary injunction. Arpaio is seeking a preliminary injunction to prevent President Obama from implementing plans to grant three years of "deferred action" status to millions of illegal aliens.

A four-year court battle between the State of Oklahoma and the U.S. Chamber of Commerce ended this week when a federal judge approved an agreement between the parties that allows the state to implement certain provisions of its immigration-enforcement law but blocks implementation of other provisions.

Last Tuesday Utah joined Arizona, South Carolina and Alabama as states being sued by the U.S Justice Department for their respective immigration enforcement laws. The U.S. Justice Department filed a lawsuit  against the state of Utah in regards to House Bill 497. The Justice Department is arguing that Utah's immigration law is unconstitutional because it overlaps federal authority, and could potentially lead to the harassment and detention of American citizens and authorized visitors. 

The Supreme Court decided 5-to-3 that states can punish employers who violate a mandatory E-Verify law. The court challenge was led by the U.S. Chamber of Congress against Arizona's 2007 law that suspends a business's license if they don't use E-Verify to check the eligibility of all new hires.

The U.S. 8th Circuit Court of Appeals has ruled that local governments can suspend the business licenses of businesses that hire illegal aliens. The case stems from a local ordinance in Valley Park, Mo. where a law was passed that requires local businesses to use E-Verify.