6. News from the Courts:
Immigrant Tuition Bill Can Go to Referendum, Judge Rules
The Baltimore Sun reports that Circuit Judge Ronald A. Silkworth rejected arguments by immigrant advocacy group Casa de Maryland and others that a law to allow in-state tuition for some illegally present immigrants, adopted by the General Assembly last year, cannot be subject of a referendum. The group’s attorneys had argued that the law was an appropriations measure and therefore could not be put before voters.
“I said from the beginning that they had a frivolous lawsuit and we would prevail,” said Del. Patrick L. McDonough, a Republican representing parts of Baltimore and Hartford counties and an outspoken critic of illegal immigration. McDonough said he expects “vigorous” opposition from CASA and others who want to see the law take effect. The law, which has been suspended pending the referendum, would provide illegally present students with the same in-state tuition discounts enjoyed by legal residents. “Together with our attorneys, we are still reviewing today’s decision but we are likely to appeal,” said Kim Propeack, director of political action at Casa de Maryland.
http://articles.baltimoresun.com/2012-02-17/news/bs-md-ar-dream-act-ruling-20120217_1_immigrant-tuition-bill-tuition-rates-critic-of-illegal-immigration
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Supreme Court, 6-3, on aggravated felony: Kawashima v. Holder
In a 6-3 decision, the United States Supreme Court clarified that tax crime is an “aggravated felony” for immigrant removal purposes. The Court ruled that convictions for false statements on tax returns in which the government's revenue loss exceeds $10,000 qualify as aggravated felonies for deportation considerations. Justice Clarence Thomas authored the majority opinion which asserted that the tax crime in the case entailed deceit qualifying them as “aggravated felonies” within the meaning of the Immigration and Nationality Act.
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Judge Delays Ruling on Utah Immigration law
The Salt Lake Tribune reports that U.S. District Court Judge Clark Waddoups said he will not rule on Utah’s enforcement-only immigration law until the U.S. Supreme Court decides on a similar enforcement-only law in Arizona a few months from now. Judge Waddoups, in his decision, said that while the Utah Attorney General’s Office made it clear that the state’s law, HB497, was different from what Arizona passed almost two years ago, it was close enough that the high court’s decision could ultimately impact Utah’s law.
http://www.sltrib.com/sltrib/news/53561272-78/arizona-court-decision-federal.html.csp
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11th Circuit Court of Appeals Blocks Two More Sections of Alabama’s Immigration Law
The Associated Press reports that the U.S. 11th Circuit Court of Appeals in Atlanta issued an order blocking two more parts of Alabama’s immigration law. The court blocked provisions that bar residents from knowingly entering into contracts with illegal immigrants and ban illegally present immigrants from entering business transactions with state and local governments. The ruling came after a hearing where the U.S. Department of Justice and a group of plaintiffs argued that the two sections make it all but impossible for immigrants whose status is still in limbo and those illegally present to live in Alabama. Alabama Attorney General Luther Strange expressed disagreement with the decision while immigrant’s rights activists celebrated the ruling as “good news.” The court decided to wait until the Supreme Court issues its decision on Arizona's SB 1070 to issue its final ruling.
http://blog.al.com/breaking/2012/03/11th_circuit_court_of_appeals.html
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Judge Blocks Day Labor Rules in AZ Immigration Law
The Associated Press reports that U.S. District Judge Susan Bolton blocked police in Arizona from enforcing a section of the state’s 2010 immigration enforcement law that prohibited people from blocking traffic when they seek or offer day labor services on streets. Judge Bolton rejected arguments by the state that the rules were needed for traffic safety and pointed out that the law, also known as SB1070, says its purpose is to make attrition through enforcement the immigration policy of state and local government agencies.
Governor Jan Brewer said in a statement that she was disappointed with Bolton’s “erroneous decision,” which she said has further eroded the state’s ability to regulate public safety. Dan Pochoda, legal director for the American Civil Liberties Union of Arizona, said the judge saw through the government’s ruse that the day labor rules were about traffic safety, when the goal all along was to get at day laborers.
http://www.google.com/hostednews/ap/article/ALeqM5jsIedWS0YkNhOE3xyDMbhDbEdjYw?docId=c5371464939b4c3da192d6bd31aa4ec9
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Nebraska City to Appeal Immigration Ordinance Ruling
The Associated Press reports that the city council of Fremont, NE voted unanimously to appeal a judge’s ruling that overturned part of their controversial immigration ordinance. U.S. District Court Judge Laurie Smith Camp overturned part of the law that would have banned the harboring of illegally present immigrants. The ACLU of Nebraska has announced plans to appeal the portion of the ruling that was upheld.
http://www.huffingtonpost.com/2012/02/29/fremont-nebraska-appeals-ruling_n_1310110.html
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