By Joseph G. Ballstaedt While on the campaign trail, Trump promised to repeal DACA, but his tone has changed since being elected. Should DACA recipients feel safe or should they be worried? DACA, or the Deferred Action for Childhood Arrivals, is a program that began under President Obama. OnJune 15,…
By Joseph G. Ballstaedt Every legal claim a party can bring in court has a statute of limitations, a period of time in which the claim must be brought. The purpose and effect of statutes of limitations is to protect defendants—people who can be sued. In rare circumstances, even after…
By Joseph G. Ballstaedt Recent immigration enforcement raids have received considerable attention. These raids, which picked up more than 680 people, were conducted between February 6 and February 10 in the Atlanta, Chicago, New York, Los Angeles, and other areas. According to Immigration and Customs Enforcement (ICE), this action was…
By Joseph G. Ballstaedt At 4:35 p.m. on February 9, 2017, President Trump tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” This unsurprising tweet responded to the Ninth Circuit Court of Appeals and its decision not to stay a temporary restraining order (TRO) issued by…
By Joseph G. Ballstaedt Two Republican Senators from Arkansas and Georgia, Tom Cotton and David Perdue, have sponsored new legislation that would limit legal immigration. It is reported that this legislation—the Reforming American Immigration for Strong Employment Act or RAISE Act—would cut by more than half the number of refugees…
By Joseph G. Ballstaedt On January 27, 2016, President Donald Trump shocked the world by ordering a travel and refugee ban. This executive order specifically bars citizens from seven majority-Muslim countries (Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia) from entering the United States for 90 days, regardless of their…
memo-decision-11-29-16 9th CCA received today. We successfully defended ISP officer Janet Murakami in a civil rights action under 42 USC, sec. 1983, through State of Idaho Risk Management Program. The opinion holds she was entitled to qualified immunity for a Code 3 call for emergency backup form other officers, who…
By Joseph G. Ballstaedt A somewhat common saying in the legal profession is that a good lawyer knows the law, but a great lawyer knows the judge. Whether or not you agree with this saying, it can’t hurt to know what local judges are stressing to lawyers in the community.…
Randy Budge and T.J. Budge gave presentations at the 33rd Annual Water Law and Resource Issues Seminar of the Idaho Water Users Association. Randy presented on November 4 on the “Idaho Ground Water Appropriators/Surface Water Settlement.” T. J. presented on November 3 on the “Idaho Ground Water District Law.”
In the 2016 Eastern Idaho Bench Bar Conference held in Fort Hall on September 23, 2016, three federal judges from Idaho addressed current concerns. First, Chief U.S. District Judge B. Lynn Winmill explained that, based on the current caseload, Idaho needs another federal district judge. Currently, Judge Winmill is Idaho’s…