Supreme Court seems divided over Texas redistricting

National Court News

The Supreme Court appeared divided Tuesday over Texas' appeal to preserve congressional and legislative districts that a lower court struck down as racially discriminatory.

The justices heard arguments in the latest round of court action over Texas electoral districts that began in 2011.

At issue are two congressional districts and statehouse districts in four counties, and what the challengers say are efforts by Texas Republicans who control the state government to restrain the political influence of a growing Hispanic and African-American population.

The liberal justices seemed favorable to minority voters and civil rights groups that sued over the districts. The court's conservatives appeared to lean toward the state, which also has the support of the Trump administration. Justice Anthony Kennedy said nothing to indicate where his potentially decisive vote would fall.

The justices last year kept the challenged districts in place, even after the lower court ruling. Texas held primary elections in those districts in March.

Max Renea, Hicks, a lawyer for the plaintiffs told the justices Tuesday that even if his side wins at the high court, it is unlikely that new districts would be used before the 2020 elections, the last voting cycle before the next census.

The case is the third major dispute this term that is focused on redistricting, the drawing of electoral maps following the once-a-decade census. The high court's other cases, from Maryland and Wisconsin, focus on the drawing of political districts for partisan advantage.

The Texas situation is unusual. Based on the 2010 census, Texas was awarded four new congressional districts, attributable mainly to the influx of Hispanics.

After the state's original electoral maps were found to be probably unconstitutional, a three-judge federal court produced interim districting plans that were used in the 2012 elections.

In 2013, Republicans rushed to permanently adopt those maps to use for the rest of the decade.

But opponents criticized the adopted maps as a quick fix that didn't purge all districts of the impermissible use of race.

In 2017, the same judges who approved the interim maps in 2012 agreed with the challengers that the maps were the product of intentional discrimination.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.