The Supreme Court Immigration Roundup (2017-2018 Term)

The landscape of immigration law was significantly affected by the U.S. Supreme Court in 2017, and several issues of legal and policy import will be continued on the 2018 docket. Are there any significant limits to the President’s ability to refuse entry of foreign nationals into the U.S.? How long may a non-citizen be detained without a bond hearing? Can doctrines traditionally applied to criminal law be applied to civil immigration law? How far does the right to effective counsel in a criminal proceeding extend within the immigration context? To what extent can states and localities refuse to comply with federal immigration enforcement? While most of these questions were addressed, a number were left unanswered until the next term.

In this course, attorney Matthew Blaisdell will examine the cases that were heard by SCOTUS in the last year, with an eye towards several decisions and issues that may be front and center in the next term, including the “travel ban” and “sanctuary cities.” He will examine a number of background issues presented in the cases, including: Article II Separation of powers and the executive authority to regulate immigration; the First Amendment establishment clause; Fifth and Fourteenth Amendment substantive due process, procedural due process, and the void for vagueness doctrine; Sixth Amendment effective assistance of counsel; the commandeering doctrine and related 10th Amendment concerns; and statutory construction disputes within the Immigration and Nationality Act.

1. Examine the primary immigration cases heard by the U.S. Supreme Court in 2017
2. Analyze the background constitutional and statutory issues underlying these cases
3. Anticipate issues that will be addressed in 2018