Can the State of Texas Deport Migrants to Mexico? The U.S. Supreme Court Seems to Think So

This post is by Mikayla Minton, a senior from Linfield University in McMinnville, Oregon. Ms. Minton is originally from Humboldt County, California and is majoring in Law, Rights, and Justice and minoring in Journalism and Media Studies. During the spring 2024 semester, she interned at Dzubow & Pilcher and attended American University. Ms. Minton plans on continuing her studies and passions in law school.

Last month, the Supreme Court ruled to allow a controversial immigration law to take effect in Texas. The ruling concerns Texas Senate Bill 4 (2023), known as SB4, which allows state officials to arrest and deport migrants who enter the state illegally. While the Court’s ruling involved a preliminary issue in the case, it telegraphed the Justices’ views on state–as opposed to federal–oversight of immigration.

Many conservative lawmakers in the Lone Star State and across the country see the Court’s decision as a win. Meanwhile, the Court’s liberal Justices as well as officials at the Department of Homeland Security described the possible effects of SB4 as “chaos.”

What is the significance of SB4 and of the Supreme Court’s ruling? How might it affect immigration law and states’ rights? And what impact will it have on immigrants? (more…)

Asylum as an Instrument of Peace

Last week, I attended a concert at my synagogue by the Jerusalem Youth Chorus, a group of young Palestinians and Israelis who perform music together. In his introduction, my Rabbi explained the purpose of the evening. We were not going to stop a brutal war or bring back hostages from captivity. We would not be able to give respite in a way that mattered and is necessary to Gazans or end the suffering there. That’s not what tonight is, he said. I wish it was, but it isn’t. Here’s what tonight is, tonight is a gigantic middle finger (his words, not mine) to everybody who tells us that there is no way forward together. Tonight is what happens when you take microphones out of the hands of yesterday’s leaders and put them in front of today’s leaders. Tonight is the only story that we will see 50 or 100 years from now, G-d willing. We’re opening doors, and we’re opening hearts.

In a way–a less melodious or entertaining way–asylum serves a similar purpose. (more…)

What Happens at the Board of Immigration Appeals?

Here’s a hopefully hypothetical scenario: You apply for asylum (or some other relief) in Immigration Court and the judge denies your case. What do you do?

The losing party in Immigration Court has the right to appeal to the Board of Immigration Appeals (BIA), which is a higher court that reviews the decision of the Immigration Judge (IJ) to determine whether the IJ made a mistake. If you “win” your appeal, the BIA will explain the IJ’s error and “remand” (send back) the case to the judge to issue a new decision.

Today, we’ll discuss how to evaluate your chances for success on appeal, how the appeals process works, and what happens if you win or lose the appeal. (more…)