Public Safety

Most of the Trump administration’s disagreements over protecting undocumented immigrants have been with local governments. But on March 6 the Trump administration filed a complaint against the State of California. The administration claims three California statutes aimed at protecting undocumented immigrants are preempted by federal immigration law. The administration asks the court to issue a preliminary injunction disallowing California from enforcing the statutes.

The Supreme Court will not be involved in the DACA litigation—for now.  

The Supreme Court denied the Trump administration’s request for it to review a California federal district court decision temporarily putting the administration’s decision to terminate DACA on hold. To get relief, the Trump administration must now appeal the district court decision to the Ninth Circuit. The Trump administration had asked the Supreme Court to get involved in this case before the Ninth Circuit had a chance to rule. The Supreme Court does not usually rule on federal district court decisions.

CSG Midwest
Two new laws in Illinois will seek to improve conditions and long-term outcomes for women in prison by providing them with more gender-responsive programming. Under HB 1479, signed into law in January, a permanent women’s division will be created within the Illinois Department of Corrections. It complements last fall’s passage of HB 3904, which requires the women’s prison and parole system to have trauma-informed, family-centered policies and programs in place. These programs also must reflect women-centered research on the most effective types of treatment interventions.
CSG Midwest
Under a North Dakota law that took effect in January, parents who are sentenced to jail or prison for more than 180 days will have their monthly child support payments suspended throughout their period of incarceration. 
Lawmakers passed the enacting legislation (SB 2277) last year in order to prevent the accrual of large amounts of past-due payments for incarcerated parents with child support orders. 
According to the U.S. Department of Human Services Office of Child Support Enforcement, studies have found that incarcerated parents leave prison with an average of $20,000 or more in unpaid child support. In 2007 (the most recent year available), the population in U.S. state prisons included 686,000 parents who had a total of more than 1.4 million children. 

The Prison Litigation Reform Act (PLRA) states that when a prisoner wins a civil rights case “a portion of the judgment (not to exceed 25 percent) shall be applied to satisfy” his or her attorney’s fees award.

In Murphy v. Smith the Supreme Court ruled 5-4 that this statute means “the court must pay the attorney’s entire fee award from the [prisoner’s] judgment until it reaches the 25% cap and only then turn to the [prison guards].” In other words, the court may not exercise its discretion and take any amount it wishes from the prisoner’s judgment to pay the attorney “from 25% down to a penny.”

While the Supreme Court has agreed to review the constitutionality and legality of the third travel ban, the Fourth Circuit has joined the Ninth Circuit in striking it down. The Fourth Circuit concluded it likely violates the Establishment Clause because its primary purpose is to discriminate against Muslims.

Per a December 2017 Supreme Court order, the third travel ban is currently in effect regardless of the Ninth and Fourth Circuit rulings.    

On September 24, 2017, President Trump issued a presidential proclamation (the third travel ban) indefinitely banning immigration from six countries:  Chad, Iran, Libya, North Korea, Syria, and Yemen. Lawsuits were brought immediately in the Ninth and Fourth Circuits.

Just a few days before the Supreme Court may decide whether to review a temporary nationwide injunction issued by a federal court in California requiring the Trump administration to maintain much of the Deferred Action for Childhood Arrivals (DACA) program, a federal district court in New York issued a similar temporary nationwide injunction.

The courts’ reasoning in both decisions is similar. Both courts were clear the Trump administration may “indisputably . . . end the DACA program.” But it must offer “legally adequate reasons” for doing so.  New York and 15 other states brought the case decided by the New York court.    

The State and Local Legal Center (SLLC) Supreme Court amicus brief in Lozman v. City of Riviera Beach argues if probable cause exists to make an arrest the arrestee should be barred from bringing a First Amendment retaliatory arrest lawsuit.

Fane Lozman lived in a floating house in the...

CSG Midwest
Minnesota Rep. Marion O’Neill first became aware of the prevalence of mental health and substance abuse disorders in the state’s prisons while serving on the Legislature’s Prison Population Task Force in 2015.
CSG Midwest
Starting this year, Michigan law enforcement agencies must keep track of the reason for, and the circumstances surrounding, a law enforcement officer’s resignation.
The result of state legislation passed in 2017 (SB 223), this new requirement aims to prevent officers who resign due to accusations of misconduct from being hired by another department unknowingly.
“Many times, police departments don’t want to risk a lawsuit by giving out a bad report on a former employee; other times, there’s a deal cut between the officer and the police chief or sheriff,” says Sen. Rick Jones, the sponsor of SB 223, who is a former sheriff with 31 years of experience in law enforcement. Such a deal, he adds, would allow an officer to resign in lieu of termination, which allows him or her to remain certified and to have a clean employment record when pursuing another job in law enforcement.