Immigration

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….

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(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]

The Obama administration has been utterly spineless when it comes to the gay marriage, but they seem to have found their voice on the culture war issue of 2010. The DOJ is filing suit today against the state of Arizona over the state’s controversial immigration law. AZ Central reports:

The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona’s new law targeting illegal immigrants, setting the stage for a clash between the federal government and state over the nation’s toughest immigration crackdown.

The planned lawsuit was confirmed to The Associated Press by a Justice Department official with knowledge of the plans. The official didn’t want to be identified before a public announcement planned for later Tuesday.

This morning, the WSJ Law Blog reminded us that the DOJ won’t be running around arguing over racial profiling. Instead the Justice Department will be making a claim about supremacy — constitutional supremacy, that is…

double red triangle arrows Continue reading “How’s This for Symbolism: DOJ Files Against Arizona Immigration Law on Tuesday After Independence Day”

Have you been waiting for a megafirm to take a stand in the Arizona immigration law mess? Biglaw has already been all up in the BP oil spill disaster. Why not weigh in on behalf of Arizona, or take the side of racially-profiled, dark-skinned people?

One Biglaw firm is ready to get into this. Dewey & LeBoeuf has filed an amicus brief on behalf of….

double red triangle arrows Continue reading “Dewey Crosses Border Into Arizona Mess”

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