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  Immigration - Legal News


An appeals court is blocking, for now, an abortion sought by a pregnant 17-year-old immigrant being held in a Texas facility, ruling that the government should have time to try to release her so she can obtain the abortion outside of federal custody.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia issued its ruling Friday hours after arguments from lawyers for the Trump administration and the teenager. The court ruled 2-1 that the government should have until Oct. 31 to release the girl into the custody of a sponsor, such as an adult relative in the United States. If that happens, she could obtain an abortion if she chooses. If she isn't released, the case can go back to court.

The judge who dissented wrote that the court's ruling means the teen will be forced to continue an unwanted pregnancy for "multiple more weeks."

The teen, whose name and country of origin have been withheld because she's a minor, is 15 weeks pregnant. She entered the U.S. in September and learned she was pregnant while in custody in Texas.

She obtained a court order Sept. 25 permitting her to have an abortion. But federal officials have refused to transport her or temporarily release her so that others may take her to have an abortion. A lower federal court ruled that she should be able to obtain an abortion Friday or Saturday, but the government appealed.

Federal health officials said in a statement that for "however much time" they are given they "will protect the well-being of this minor and all children and their babies" in their facilities.


A federal appeals court has partially lifted a judge's order that blocked much of a Texas law targeting "sanctuary cities."

Monday's ruling by three-judge panel of the 5th U.S. Circuit Court of Appeals panel allows more of the law to take effect, and says that the law could survive with some language changes.

The law requires Texas cities and counties to comply with federal immigration officials' requests to detain people who are suspected of being in the country illegally and jailed on non-immigration offenses.

U.S. District Judge Orlando Garcia blocked much of the law on Aug. 31, a day before it was to take effect. The state asked the New Orleans-based 5th U.S. Circuit Court of Appeals to let the law take effect ahead of oral arguments set for November.


Descendants of black slaves, known as freedmen, who were once owned by members of the Cherokee Nation have a right to tribal citizenship under a ruling handed down by a federal court in Washington, D.C.

U.S. District Judge Thomas Hogan ruled Wednesday in a long-standing dispute between the Cherokee Freedmen and the second largest tribe in the United States.

Freedmen have long argued that the Treaty of 1866, signed between the U.S. government and the Tahlequah, Oklahoma-based Cherokees, gave them and their descendants "all the rights of native Cherokees." There are around 3,000 freedmen descendants today.

But Cherokee leaders have argued the tribe has the fundamental right to determine its citizens, and in 2007 more than three-fourths of Cherokee voters approved an amendment to remove the Freedmen from tribal rolls.



The driver of a tractor-trailer turned deadly transporter for undocumented migrants is due to face criminal charges in a Texas court Monday in what police are calling a human trafficking crime.

Authorities called to the San Antonio Walmart lot Sunday morning where the trailer was parked found eight bodies and 30 undocumented immigrants severely injured from overheating inside. A ninth person later died in hospital, ICE officials said. Thirty-nine people were recovered from the trailer, including one person who was found in a nearby wooded area.

"Checking the video from the store, we found there were a number of vehicles that came in and picked up a lot of the folks that were in that trailer that survived the trip," San Antonio Police Chief William McManus said.

"The driver and whoever else we find is involved in this will be facing state and federal charges," he said.

The US Attorney's Office said the driver, James Matthew Bradley Jr., 60, of Clearwater, Florida, was being held in connection with the incident. Prosecutors plan to file a criminal complaint against Bradley in federal court on Monday morning.

"These people were helpless in the hands of their transporters," said Richard L. Durbin Jr., US attorney for the Western District of Texas.


Supreme Court decisions in a half-dozen cases dealing with immigration over the next two months could reveal how the justices might evaluate Trump administration actions on immigration, especially stepped-up deportations.

Some of those cases could be decided as early as Monday, when the court is meeting to issue opinions in cases that were argued over the past six months.

The outcomes could indicate whether the justices are retreating from long-standing decisions that give the president and Congress great discretion in dealing with immigration, and what role administration policies, including the proposed ban on visits to the United States by residents of six majority Muslim countries, may play.

President Trump has pledged to increase deportations, particularly of people who have been convicted of crimes. But Supreme Court rulings in favor of the immigrants in the pending cases “could make his plans more difficult to realize,” said Christopher Hajec, director of litigation for the Immigration Reform Litigation Institute. The group generally supports the new administration’s immigration actions, including the travel ban.

For about a century, the court has held that, when dealing with immigration, the White House and Congress “can get away with things they ordinarily couldn’t,” said Temple University law professor Peter Spiro, an immigration law expert. “The court has explicitly said the Constitution applies differently in immigration than in other contexts.”

Two of the immigration cases at the court offer the justices the possibility of cutting into the deference that courts have given the other branches of government in this area. One case is a class-action lawsuit brought by immigrants who’ve spent long periods in custody, including many who are legal residents of the United States or are seeking asylum. The court is weighing whether the detainees have a right to court hearings.


The immigration status of a Mexican native who is suing over lost wages in a workplace injury case should not be considered at trial because it can cause unfair prejudice, the Indiana Supreme Court has ruled.

The state's high court reversed a lower court ruling that the immigration status of Noe Escamilla was admissible in his lawsuit against an Indianapolis construction company. Escamilla, who entered the U.S. illegally from Mexico with his parents at age 15, married a U.S. citizen and has three children who are also American citizens, his attorney has said.

"Indiana's tort trials should be about making injured parties whole — not about federal immigration policies and laws," the high court said in a 5-0 ruling written by Chief Justice Loretta Rush and issued Thursday.

Escamilla sued Shiel Sexton Co. Inc. for lost future wages after he slipped on ice in 2010 and severely injured his back while helping to lift a heavy masonry capstone at Wabash College in Crawfordsville. Court documents say a doctor found Escamilla's injury left him unable to lift more than 20 pounds, effectively ending his career as a masonry laborer.

Because Escamilla is a lawful resident of Mexico, Shiel Sexton argued that any lost wages he is able to claim should be based on the rate of pay available in Mexico, and not U.S. wages. A Montgomery County trial court ruled in Shiel Sexton's favor, finding that two witnesses who reviewed Escamilla's U.S. tax returns could not testify about his lost earnings and that his immigration status could be entered as evidence.



When Salvadoran immigrant Joselin Marroquin-Torres became flustered in front of a federal immigration judge in New York and forgot to give her asylum application, a woman she had just met stood up to provide it.

"Thank you," the judge said. "What is your relation to Joselin?"

"I am a friend," responded retired chemist Marisa Lohse, who has accompanied dozens of immigrants to such hearings.

Lohse is among hundreds of volunteers, including preachers, law students and retirees, who've stepped up to accompany people in the U.S. illegally to court hearings and meetings with immigration officials, guiding them through an often intimidating process.

Some of them say the accompaniment is more important than ever since Republican President Donald Trump expanded the definition of deportable offenses to include all immigrants living in the country illegally, giving rise to immigrants being apprehended during routine check-ins with Immigration and Customs Enforcement.

"We want to increase the accompaniment because the crisis is more severe. The pain, the fear, is bigger," said Guillermo Torres, from Clergy & Laity United for Economic Justice in Los Angeles.

The group escorts mostly women and children to immigration court hearings, where judges decide who can stay in the U.S. and who must leave. Volunteers also accompany immigrants who are required to periodically check in with federal agents because they have pending cases or have been ordered deported.

ICE said it didn't have national statistics on how often immigrants have been arrested during those check-ins. Immigration lawyers and advocacy groups said they believe such arrests are increasing. Trump has said the arrests and deportations are necessary to keep the country safe.


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