News

SCOTUS Allows Extended Family Exemptions to Travel Ban

The U.S. Supreme Court today allowed a lower court’s decision to stand that would exempt grandparents, grandchildren and other extended family members from the Trump administration’s travel ban, the ABA Journal reports. The Court did block a portion of U.S. District Judge Derrick Watson’s ruling that exempted from the travel ban refugees who have formal help from a resettlement agency.
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Judge Expands Family Members Excluded from Travel Ban, Trump Administration to Appeal

A federal judge in Hawaii has weakened the Trump administration’s travel ban by expanding the list of family relationships that could qualify visitors for entry into the U.S., the Associated Press reports. U.S. District Judge Derrick Watson ordered the government not to enforce the ban on grandparents, grandchildren, brothers-in-law, sisters-in-law, uncles, aunts, nieces, nephews and cousins of people in the U.S. Attorney General Jeff Sessions said today that the administration will appeal the decision to the U.S. Supreme Court, whose justices allowed the ban to take effect last month.
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Item of Interest

Below is an article that was published in the the Disability Section Connect. We thought it had information that would be of interest to those of you in this section as well.  

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U.S. House Budget Proposal Would Cut LSC by 24%

The proposed budget for fiscal year 2018 from the U.S. House of Representatives includes money for the Legal Services Corporation but cuts its funding by 24 percent, the ABA Journal reports. It is a departure from the Trump administration’s budget, which slashes LSC funding entirely. The House budget also includes big increases in funding for immigration enforcement, with a $64.5 million hike for the Executive Office for Immigration Review and an extra $82 million for the U.S. Marshals Service to support an increased detainee population.
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Knox Co. Sheriff Approved for ICE Partnership

The Knox County Sheriff’s Office has entered into a partnership with U.S. Immigration and Customs Enforcement (ICE) to act on its behalf, WBIR reports. The agreement is a part of the controversial 287 (g) program that critics say leads to significantly higher deportations for minor offenses. Knox County Sheriff JJ Jones believes it will make the Knox County detention facility more efficient. The agreement was signed on June 15 and is valid until June 2019.
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Tennessee, 9 Other States Threaten Suit Over Immigrants Brought to U.S. as Children

Attorney General Herbert Slatery has joined nine other state attorneys general and one governor in signing a letter to U.S. Attorney General Jeff Sessions urging the Trump administration to end the Deferred Action for Childhood Arrivals (DACA) program, which allows young immigrants who entered the U.S. illegally as children to stay in the country. The Tennessean reports that the signees threaten to challenge the program if the federal government does not agree to phase it out.
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Federal Judge Rules Immigration Agents Violated Rights of Detained Juveniles

A judge ruled this week that U.S. Customs and Border Protection officials have been violating the rights of detained immigrant juveniles, the ABA Journal reports. Los Angeles federal district judge Dolly Gee found that some facilities fail to meet the standards set by a 1997 settlement, with infractions such as spotty access to clean water, insufficient food, poor sleeping conditions and intentional use of air conditioning to create very cold temperatures. The ruling also found instances of juveniles being detained for longer than the allowed 20-day waiting period.
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State Department Adopting Guidelines to Define ‘Family Ties’ for Travel Ban Exemptions

The U.S. State Department has reportedly adopted guidelines to define which immigrants are exempt from the Trump administration’s recently reinstated travel ban, the ABA Journal reports. The guidelines say that immigrants with close family or business ties to the United States will be allowed to enter, as required by the Supreme Court ruling that allowed the ban to take effect. The guidelines define close family as a parent (including an in-law), spouse, child (including in-laws), and sibling (including stepsibling or half-sibling). It does not include grandparent, aunt, uncle, grandchild, niece, nephew, cousin or a fiancé. Also allowed are those who have a relationship with a U.S. entity that is “formal, documented, and formed in the ordinary course, rather than for the purpose of evading” the ban.
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Controversial Immigration Ordinance Dead in Nashville

Metro Nashville Councilmembers sponsoring the “Nashville Together” immigration ordinance will withdraw their bills after Mayor Megan Barry called on the council to rethink the legislation, The Tennessean reports. The legislation sought to prevent Metro from using city funds and facilities to enforce federal immigration law unless the action was accompanied by a federal warrant signed by a judge. Metro Director of Law Jon Cooper issued a legal opinion that said the ordinance is not enforceable.
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Nashville Director of Law Says Immigration Ordinance Not Enforceable

An opinion from Metro Nashville’s Director of Law has the mayor asking the council to reconsider a controversial immigration ordinance proposed by the Metro Council, The Tennessean reports. Director of Law Jon Cooper said in an opinion that under state law the Metro Council cannot prevent the Nashville sheriff from cooperating with federal immigration authorities. Mayor Megan Barry said in a statement that the council should rethink the bill, which advanced on first reading last week. The “Nashville Together” ordinance would prohibit Nashville from using local resources to assist in enforcing federal immigration laws.
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Learn About Immigration Law for Employers in Trump Era

A webcast presentation on July 6 from Bruce Buchanan will address how immigration law is undergoing massive changes that will directly affect employers. Some of the areas that will see change include immigration compliance, an increase in ICE audits and a possible return to raids. Visas could also see change, especially H-1B and L visas. Find out more and register here.

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Supreme Court to Consider Travel Ban, Allows Limited Version into Effect

The U.S. Supreme Court will consider President Donald Trump’s travel ban this fall and will allow a limited version to take effect in the meantime, The Washington Post reports. The court made one exception: the ban “may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.” The ruling means that the administration may impose a 90-day ban on travelers from six countries and a 120-day ban on all refugees entering the U.S. It will go into effect 72 hours after court approval.
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Court Gives Memphis Man 2nd Chance in Drug, Deportation Case

A Memphis restaurant owner in jail and facing deportation after pleading guilty to a drug charge 7½ years ago will get another chance in court after the U.S. Supreme Court today vacated his conviction on grounds that he had been given bad legal advice, the Commercial Appeal reports. “He was really thankful that someone finally understood the harm that his lawyer’s advice caused him,” said Nashville attorney Patrick McNally, who is part of the legal team that handled the appeal.

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GOP Leaders Ask for AG Review of Metro Immigration Proposal

House Speaker Beth Harwell and state Sen. Jim Tracy are asking Tennessee Attorney General Herbert Slatery to issue an opinion on a proposal before the Nashville Metro Council that they say goes against a state ban on “sanctuary cities” passed in 2009, the Tennessean reports. Council sponsors Bob Mendes and Colby Sledge say that’s not the intent of their measure, which would prevent Metro from using public funds and facilities to enforce federal immigration law. "This bill would have us send a message to our immigrant communities that it is safe to engage with Metropolitan government for all the basic local government services that we provide," Mendes said.

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Nashville Council Advances Immigration Enforcement Ordinance

The Metro Nashville Council voted last night to advance an ordinance that would prevent Metro from using city funds and facilities to enforce federal immigration law, The Tennessean reports. The ordinance would also prevent the Davidson County Sheriff’s Office to honor an immigration-related detention request unless it is accompanied by a warrant issued under the Federal Rules of Criminal Procedure. Critics said the bill would grant “preferential treatment to a criminal class,” while the bill’s sponsor said it would increase public safety, arguing it would encourage immigrants to report crimes to police without fear of deportation. 
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Nashville Council to Debate Immigration Ordinances

Metro Nashville council members will tonight begin debate of proposed ordinances that would prohibit the county jail from holding people on immigration violations alone and bar local law enforcement from sharing information about custody status and court dates with immigration officials, Nashville Public Radio reports. The proposals from Metro Councilman Bob Mendes are at the center of the debate on how much Davidson County should work with immigration officials.

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Court Clears Way for Review of Immigrant Vetting

A federal appeals court decision Monday clears the way for the Trump administration to conduct internal reviews of other countries' vetting procedures for visa applicants while the broader review of the president’s revised travel ban goes to the U.S. Supreme Court, CNN reports. The decision was part of a larger ruling from a 9th Circuit Court of Appeals panel that largely affirmed a lower court's decision to halt the core provisions of President Trump's revised executive order that attempted to limit travel from six predominately Muslim countries and block refugees.

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Nashville Courthouse Arrest Part of National Trend

U.S. Immigration and Customs Enforcement officers appeared at a Nashville courthouse on Thursday to arrest an immigrant for deportation, signaling that a growing national trend has come to Tennessee, The Tennessean reports. Faustino Rodriguez Hernandez, who federal authorities say is a citizen of Honduras, was set to appear before General Sessions Judge Lynda Jones for a driving without a license charge, when he was arrested by ICE agents. Nationally, ICE arrests are up by 38 percent from the same period last year.
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Haslam Signs Bill Authorizing Longer Sentences for Undocumented Immigrants

Gov. Bill Haslam signed a bill into law on Friday that authorizes judges to give undocumented immigrants longer sentences for felony convictions than U.S. citizens, Humphrey on the Hill reports. Senate Minority Leader Lee Harris, D-Memphis, said in a statement that the law could be weak to a challenge in court. “I don’t believe any other state has a law like this currently in place and courts elsewhere have struck down similar efforts when they have been tried,” Harris said.
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Trump Statements Could Hurt Administration’s Legal Defense of Travel Ban

Negative statements made by President Donald Trump today against the revised travel ban could hurt the Justice Department’s legal case to defend it in court, The Washington Post reports. Trump derided the current iteration of the ban as “watered down” and said the DOJ should seek a “much tougher version,” despite the fact that the previous, tougher version was struck down in the courts. The president also confirmed that while “the lawyers and the courts can call it whatever they want,” the executive orders he issued temporarily blocking travel from Muslim-majority countries is indeed a “travel ban.”
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Feds Ask for Dismissal of Tennessee Refugee Suit

The federal government filed a motion to dismiss Tennessee’s lawsuit over refugee resettlement today, The Tennessean reports. In March, Tennessee became the first state to sue the government over refugee resettlement, citing a violation of the 10th amendment. In its motion to dismiss, the federal government argues the state's claims lie outside the jurisdiction of the court and that Tennessee law doesn’t allow the General Assembly to bring the lawsuit on behalf of the state.
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Justice Department Asks SCOTUS to Reinstate Travel Ban

The Justice Department asked the U.S. Supreme Court today to reinstate President Donald Trump’s temporary ban on travel from six Muslim-majority countries, the ABA Journal reports. The DOJ submitted a cert petition asking the Court to reverse a decision from last week by the 4th Circuit Court of Appeals that said the Trump administration’s second attempt at a travel ban “drips with religious intolerance, animus, and discrimination.” The government argues that the ban should not be invalidated based on “speculation about officials’ subjective motivations drawn from campaign-trail statements by a political candidate.”
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Court Holds Block on Second Trump Travel Ban

The Virginia-based 4th Circuit Court of Appeals has upheld the block on the Trump administration’s executive order restricting travel from six majority-Muslim countries, CNBC reports. This executive order follows an earlier one that was similarly struck down. The revised order was designed to better hold up to legal scrutiny. The ruling stated that the 4th Circuit panel was “unconvinced” that the order “has more to do with national security than it does with effectuating the president’s proposed Muslim ban.”
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Court Holds Block on Second Trump Travel Ban

The Virginia-based 4th Circuit Court of Appeals has upheld the block on the Trump administration’s executive order restricting travel from six majority-Muslim countries, CNBC reports. This executive order follows an earlier one that was similarly struck down. The revised order was designed to better hold up to legal scrutiny. The ruling stated that the 4th Circuit panel was “unconvinced” that the order “has more to do with national security than it does with effectuating the president’s proposed Muslim ban.”
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Turn Your Expertise into a Magazine Article

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.

How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines at http://www.tba.org/submit-an-article, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.

If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Commission on CLE & Specialization at http://www.cletn.com/.

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