5. News from the Courts:
Federal Court Dismisses Arizona Countersuit Over Illegal Immigration
HSToday reports that Judge Susan Bolton, of the U.S. District Court for Arizona, dismissed a countersuit by the state of Arizona against the U.S. federal government over the state’s controversial illegal immigration law, SB 1070. Judge Bolton ruled that the court could not give a ruling on Arizona’s claims that the federal government had not secured the U.S. Southwest border, thereby leaving Arizona vulnerable to harm through illegal immigration. Governor Jan Brewer expressed disappointment at the dismissal and insisted the federal government still failed to secure U.S. borders. For now, the state’s only recourse is to wait and see if the Supreme Court will hear their case and overturn the injunction imposed by lower courts on SB 1070.
http://www.hstoday.us/index.php?id=95&tx_ttnews%5Btt_news%5D=19756&cHash=2faa0b9013d8a38d3c8e9be375541c00
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Justice Dept. Sues over SC’s New Immigration Law
Bloomberg News reports that the Justice Department sought an injunction from a federal judge as part of its lawsuit challenging the constitutionality of South Carolina’s tough new immigration law. U.S. Attorney Bill Nettles said the law is unconstitutional and violates people’s right to due process. South Carolina’s law takes effect Jan. 1 and is among the toughest in the nation.
http://www.businessweek.com/news/2011-11-09/u-s-asks-judge-to-issue-order-on-south-carolina-immigration-law.html
Fox News Latino reports that sixteen nations from Latin America and the Caribbean have asked to join in the U.S. Justice department’s lawsuit against South Carolina’s controversial law that aims to curb the number of illegally present immigrants in the state. The 16 nations state in their filings that the law would lead to state-sanctioned discrimination against their citizens.
http://latino.foxnews.com/latino/news/2011/11/09/sc-immigration-law-challenged-by-16-latam-and-carib-nations/
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Appeals Court to Hear GA Immigration Law Arguments Next Year
The Atlanta Journal Constitution reports that the 11th Circuit Court of Appeals in Atlanta has scheduled oral arguments involving Georgia and Alabama’s stringent new immigration laws for some time between Feb. 28 and March 2, 2012. Key parts of both laws will likely remain on hold for several more months as a result. Georgia is appealing a lower court’s ruling to put Georgia’s law on hold amid a court challenge brought by a coalition of civil and immigrant rights groups. Last month, the appeals court approved the U.S. Justice Department's request to temporarily put parts of Alabama’s law on hold pending the outcome of an appeal. The court, however, refused to halt a provision that would require police in Alabama to do immigration status checks under certain circumstances. Proponents of Georgia's law said the court's ruling in Alabama’s case boosts their efforts to empower police to do immigration status checks.
http://www.ajc.com/news/appeals-court-to-hear-1216845.html
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Infosys’ H-1B Visa Misuse: U.S. Court Denies Arbitration in Palmer Case
First Post reports that a U.S. court has denied arbitration in the visa case filed by employee Jack Palmer against the software company Infosys. Palmer had earlier alleged that Infosys was misusing H-1B visa norms by sending low-level and unskilled employees to the U.S. on B-1 visas instead, which are typically used for short-term travel. Additionally, Palmer accused Infosys of securing H-1B visas for employers who lack requisite specialized talent. The court ruled that there has to be clear and unmistakable intent from both sides to go through arbitration and that in this case there has been no clear intent. Palmer had initially filed a whistleblower complaint and thereafter a case in a civil court in the U.S.
http://www.firstpost.com/business/infosys-h-1b-visa-misuse-us-court-denies-arbitration-in-palmer-case-128511.html
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Govt. Asks Supreme Court to Stay Out of Arizona Immigration Case
The Associated Press reports that the Justice Department urged the Supreme Court to stay out of a lawsuit involving Arizona’s immigration law, saying lower courts properly blocked tough provisions targeting illegally present immigrants. Arizona Gov. Jan Brewer is seeking to overturn the judge’s decision and wants a Supreme Court review of the case, arguing that the issues are of compelling, nationwide importance. The Justice Department disagreed saying, “That several states have recently adopted new laws in this important area is not a sufficient reason for this court to grant review” of the first appeals court decision.
http://www.google.com/hostednews/ap/article/ALeqM5g6B5KiBY7sduDJ7vaRBoJi7aBgFQ?docId=17442ba2fbe74adea0bb61fbbe3db50a
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