Immigration

* If the Muslim Brotherhood gains power in Egypt, they will impose sharia law. Just like Oklahoma! [ABC Online]

* Lindsay Lohan took to Twitter to announce that she “was not raised to lie, cheat, or steal.” Well, nature it is. [msnbc.com]

* Arizona is suing the federal government over the porous border. Mr. Obama, build us a wall! [Reuters]

* Barry Bonds, he of the enormous dome piece, had the number of felony charges against him dropped to five. Hauling that gargantuan cranium about. I’m not kidding, that boy’s head is like Sputnik. [ESPN]

* Mario will mediate the Madoff / Mets mess. [New York Post]

* How to fix the criminal justice system? I say gulags. Mostly because I like the word gulags. [The BLT via WSJ Law Blog]

* Hospitals have begun turning away job applicants who smoke. This guy thinks hospitals are acting like a bunch of weiners. [New York Times]

I’m not a constitutional scholar, and I didn’t stay at a Holiday Inn last night. But I really struggle to find the ambiguity in this line from the Fourteenth Amendment: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

That statement seems very, very clear to me.

Of course, I’m not an unabashed racist. Maybe if I was I’d be able to be as intellectually dishonest and willfully ignorant as State Legislators for Legal Immigration, and have the gall to argue that this section of the 14th Amendment has been misinterpreted for 150 years.

Actually, check that. Even if I woke up in the middle of the night terrified that dirty foreigners were stealing my country, I’d grab a shovel and start digging a moat around this country before I fixed my mouth to argue utter tripe like what we’re hearing from the State Legislators for Legal Immigration.

In a world full of spurious legal arguments, theirs is truly one of the stupidest things you’re ever going to hear…

double red triangle arrows Continue reading “Born in the U.S.A. No Longer Good Enough for Republican Lawmakers”

Heat makes people crazy. But because Arizona refuses to cut the heat by putting up trees or building an air conditioned dome over the state like I had originally suggested, it has focused its temperature-induced rage on getting rid of illegal immigrants. You’ve no doubt read about the recently enacted Gestapo-flavored law which requires all immigrants to carry proper documentation and gives the Arizona police broad authority to detain individuals suspected of being in this country illegally. But did you know that Arizona hated immigrants at least as far back as 2007?

It’s true. Three years ago, Arizona enacted a law that allows the state to shut down businesses that hire illegal, undocumented workers. And just yesterday, the Supreme Court heard oral arguments about whether the law is preempted by federal immigration law:

Attorney Carter Phillips, representing business and civil rights groups that challenged the law, and Obama administration lawyer Neal Katyal argued the three-year-old Arizona law should be struck down for infringing on federal immigration powers.

Arizona Solicitor General Mary O’Grady defended the law as part of the state’s traditional police powers to regulate employer conduct. A comprehensive 1986 federal immigration law made an exception for licensing laws like the Arizona statute, she said.

Justice Scalia, backed up in spirit by mute wingman Thomas, appeared to defend the law during arguments. But why am I talking about immigration in Fame Brief, a column about celebrites?

double red triangle arrows Continue reading “Fame Brief: Salma Hayek Brings Heat, Boobs to SCOTUS Immigration Debate”

People used to tell me, ‘Why go to college if you can’t get a real job when you graduate.’ If I had listened to those people, I wouldn’t have done anything with my life.

Luis Perez, the first undocumented immigrant to graduate from UCLA School of Law (and the subject of a recent profile in the Los Angeles Times).

I would make Mexican food and get some beer and have everyone over for dinner.

– Retired Justice Sandra Day O’Connor, explaining how she would achieve legislative consensus among state senators in Arizona, in remarks to Cardozo law students over the weekend.

Please hire us! We're Americans! Want to see our passports and birth certificates?

It’s that time of the year again: clerkship application season. Here is the requisite open thread for discussion, where you can trade news and gossip about which courts and judges are hiring, which ones are done, which clerkships are great, and which clerkships you’ll hate.

Pursuant to the 2010 Law Clerk Hiring Plan for federal judges, applications could be received last Tuesday, September 7. Today, September 13, is the first day when judges can contact applicants to schedule interviews. The calls were allowed to go out at 10 a.m. Eastern time (sorry, Californians). Interviews can be held and offers can be made starting on Thursday, September 16, at 8 a.m. Eastern time (again, our sympathies to Californians; but think of it like Christmas morning, when waking up early brings joyful news of a gift).

Word on the street is that the Plan is starting to break down, with an increasing number of judges, including some of the most prestigious and popular ones, hiring ahead of the deadlines. Getting federal judges to follow rules isn’t easy; they’re used to making the rules, not obeying them.

Furthermore, the Plan by its terms “does not cover applicants who have graduated from law school”; these applicants may be interviewed and hired by judges at any time. More and more judges are going down this path and hiring law school graduates rather than 3Ls, which (1) gives them clerks with more experience, either in practice or in another clerkship, and (2) allows the judges to avoid the mad scramble for talent under the Plan.

How competitive will the hunt for federal judicial clerkships be this year? Let’s discuss….

double red triangle arrows Continue reading “Clerkship Application Season: Open Thread
(And a tricky issue re: non-citizen law clerks.)”

Hazleton, Pennsylvania, is a lovely little town (or so Lat tells me — his aunt used to live there). But it’s not bigger than the federal government or the Constitution of the United States of America.

That’s the lesson the Third Circuit handed down today with its decision in the Lozano v. Hazleton case. At issue: Hazleton city ordinances making it illegal for undocumented immigrants to work or even rent a house in Hazleton.

Apparently, the Third Circuit still believes in federal supremacy. From the opinion:

Although our reasoning differs from that of the district court, we agree that the provisions of the ordinances which we have jurisdiction to review are pre-empted by federal immigration law and unconstitutional under the Supremacy Clause.

Did you hear that, Arizona? Your quixotic quest to deal with illegal immigrants without consulting the Constitution is almost over…

double red triangle arrows Continue reading “The Third Circuit Respects Supremacy — A Lesson Arizona Will Soon Learn.”

This is going to come as a major surprise to many of you, but the Obama administration just won a victory in Federal Court.

I know, it’s crazy, but a federal judge actually sided with the Obama administration’s request for a preliminary injunction that will stay the effects of some provisions in Arizona’s controversial new immigration law. The Wall Street Journal reports:

A federal judge blocked key sections of Arizona’s tough new immigration law on Wednesday, granting the Obama administration’s request for an injunction based on the belief that immigration matters are the purview of the federal government.

U.S. District Judge Susan Bolton agreed to enjoin several provisions, including one that required police officers to check the immigration status of a person stopped for an alleged other violation, such as speeding, if reasonable suspicion existed that the individual was illegally in the U.S.

It’s a preliminary victory of U.S. citizens who happen to look like illegal immigrants in the eyes of Arizona police officers…

double red triangle arrows Continue reading “Federal Judge Tells Arizona to Hang On A Second”

A group calling itself “Concerned Citizens of the United States” has compiled and published a list of 1,300 allegedly illegal immigrants living in Utah. In addition to names and addresses, the list goes into shocking personal detail about the people the Concerned Citizens group is concerned about, The New York Times reports:

Each page of the list is headed with the words “Illegal Immigrants” and each entry contains details about the individuals listed — from their address and telephone number to their date of birth and, in the case of pregnant women, their due dates. The letter was received by law enforcement and media outlets on Monday and Tuesday.

Hey, nothing says “America” quite like menacing pregnant women, right?

But the medical data released by this organization could make somebody liable for a felony….

double red triangle arrows Continue reading “Utah Citizens Form Their Very Own Secret Police”

* JPMorgan Chase kicks off earning season with strong numbers. You wonder if this will give Jamie Dimon even more clout has he lobbies on the financial reform bill. [CNN Money]

* Argentina legalizes gay marriage. [New York Times]

* Hogan Lovells partner Scott McInnis admits he committed plagiarism in 1984. He’d still like to be Governor of Colorado, though. [ABA Journal]

* Some states are banding together to support Arizona. [Courthouse News Service]

* I bet looking under the hood at the Playboy financials isn’t nearly as fun as it sounds. [Law.com]

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