Author Archives: Jay Butchko
When Police Misconduct Is Protected by Qualified Immunity: Will The US Supreme Court Take Action?
Qualified immunity afforded to police officers when they injure or kill citizens suspected of committing crimes affects how everyone who is charged with a criminal offense is treated, as well as what rights they are afforded. While originally created to try and protect the government from frivolous lawsuits, it has, today, arguably turned into… Read More »
Administration Starts Charging Any and All Businesses Linked to COVID-19 Materials with Defense Production Act Violations While Political Corruption Charges Are Thrown Out by US Supreme Court
In April and May, while the Department of Justice under Attorney General William Barr has taken alleged violations in connection with the coronavirus to new levels, and started charging small retailers who sell facemasks in New York and elsewhere with serious criminal violations, the US Supreme Court has gone in a different direction, and… Read More »
U.S. Supreme Court Makes Deporting Immigrants with Criminal Convictions Easier
In late April, the US Supreme Court made two decisions that will make circumstances significantly more difficult for immigrants seeking legal status; First, denying requests from New York and other states to block the controversial public charge rule during the pandemic, which makes it more difficult for immigrants to obtain legal status if they… Read More »
Supreme Court Bans Non-Unanimous Jury Verdicts in Serious Crime Convictions, But Could It Also Be Opening the Door to More?
A criminal case decided by the U.S. Supreme Court in late April – Ramos v. Louisiana – has criminal justice advocates both celebrating and concerned about future rulings. The Court ruled that because the Sixth Amendment guarantees the right to an impartial trial, and the Court has held, numerous times, that this guarantees the… Read More »
NYPD Targeting Poor Neighborhoods for Social Distancing ‘Crimes’ & Other Low-Level Arrests
At a time when governments and officials are modifying a number of practices around the country, including directing police to use discretion and only make arrests when absolutely necessary due to the dangerous and highly contagious nature of the coronavirus, the New York Police Department (NYPD) does not appear to be slowing down at… Read More »
U.S. Supreme Court Makes Monumental Decision Opening Door for Immigrants with Criminal Convictions to Have Deportation Orders Reviewed by The Courts
The U.S. Supreme Court recently made an important decision that will allow a number of immigrants—including those convicted of crimes—to challenge deportation orders. The case – Guerrero-Lasprilla v. Barr (consolidated with similar case Ovalles v. Barr), involved an appeal from two immigrants whose reviews were denied by the Fifth Circuit, which claimed that it… Read More »
U.S. Citizenship and Immigration Services Once Again Found Illegally Denying H-1B Petitions
In three additional decisions handed down between March and April, federal judges once again found that U.S. Citizenship and Immigration Services (USCIS) illegally denied H-1B petitions to foreign professionals by changing the definition of what a specialty occupation is. The conglomeration of these decisions should bring change to the H-1B petition review process within… Read More »
U.S. Supreme Court Rules That Police Officers Can Pull Over Cars Simply Because Car Owner’s Driver’s License Is Suspended or Revoked
In April, the U.S. Supreme Court ruled on a traffic stop case that was of supreme importance to Fourth Amendment rights, finding that police can pull over a driver simply because the car is registered to someone whose driver’s license is suspended or revoked. In doing so, the Court overturned the state supreme court,… Read More »
Thousands of Skilled Immigrants, Including Doctors, Wait Decades for Green Cards, While The U.S. Desperately Needs Their Help to Combat the Coronavirus
Issues involving immigration, visas, green cards, and citizenship are especially contentious at the moment, not only due to the panic over borders and virus transmission, but also due to the current administration’s policies on immigration in general, which have reflected attitudes opposing skilled workers coming into the country for years; even though these workers… Read More »
Criminal Charges Related to Actual & Potential Coronavirus Transmission
With the coronavirus pandemic reaching epic proportions here in the U.S. and around the world, anxiety levels are heightened to the point where, in some cases, criminal charges are being brought against individuals who fail to comply with stay at home orders in a number of states. Even New York recently announced that fines… Read More »
