5. News from the Courts:

Federal Court Says Prolonged Mandatory Detention of Immigrants Unconstitutional

The ACLU announced that the U.S. Court of Appeals for the Third Circuit ruled that detaining immigrants for prolonged periods of time without a bond hearing is unconstitutional.  The ruling held that immigrants may be detained for only a reasonable amount of time before getting a hearing to determine whether their detention is necessary, siding with the ACLU.

http://www.aclu.org/immigrants-rights/federal-court-says-prolonged-mandatory-detention-immigrants-unconstitutional

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Judge Blocks NM Governor on Immigrant Driver Licenses

Reuters reports that District Court Judge Sara Singleton blocked a move by New Mexico’s Governor Susana Martinez to make it harder for illegally present immigrants to keep driver’s licenses in the state.  Judge Singleton issued a temporary restraining order blocking Martinez’s effort to reverify the physical residency of foreign nationals who hold New Mexico driver’s licenses, arguing that such a move would result in “constitutional deprivations to applicants.” 

The Mexican American Legal Defense and Educational Fund welcomed the injunction as an important protection for the rights of all New Mexicans; especially those it said were unfairly targeted.  A spokesman for Governor Martinez insisted that without legislation in place to put an end to the program that allows illegally present immigrants to obtain licenses, “the governor has the responsibility to identify and attempt to curb the dangerous fraud and identity theft that is inherent in it.” 

http://www.reuters.com/article/2011/09/01/us-newmexico-licenses-immigrants-idUSTRE7800AV20110901

The Associated Press reports that New Mexico’s governor, under fire by immigrant groups for trying to repeal a state law that lets illegally present immigrants get driver’s licenses, has admitted her paternal grandparents came from “without documents.”  The governor has called the issue irrelevant, saying immigration laws were different when her grandparents came from Mexico in the 1920s. 

http://hosted.ap.org/dynamic/stories/U/US_GOVERNOR_ILLEGAL_IMMIGRANT_FAMILY?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2011-09-08-12-09-51

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Panel Rejects Suit over Immigrants’ Adult Children

The Associated Press reports that a three-judge panel for the 9^th U.S. Circuit Court of Appeals in Pasadena, Calif. has ruled that a 2002 law on children’s immigration does not enable these now-grown children to come here more quickly.  Only children under 21 can immigrate on their parent’s petitions.  Immigration attorneys argued that a 2002 law designed to prevent children from “aging out” due to lengthy processing meant that now-grown children should be allowed here soon after their parents file paperwork on their behalf.  The ruling stemmed from the view that these children were new applicants and must start the process anew. 

http://www.mercurynews.com/news/ci_18836144?nclick_check=1

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