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Judge Suggests U.S. Misled Court On Immigration Policy

Publication Date: 
February 10, 2012
The Wall Street Journal
Jess Bravin

Professor Deborah Rhode was quoted by Jess Bravin of the Wall Street Journal in the following article on possibly misleading information given to the US Supreme Court on the immigration and deportation policies of the US.

The government may have misled the Supreme Court about its policies on helping improperly deported immigrants return to the U.S., possibly influencing a decision to make it easier to deport thousands, according to a ruling by U.S. District Judge Jed Rakoff in New York.

The judge's opinion requires the government to disclose by Monday internal emails in which Justice Department lawyers developed the claim they made to the Supreme Court.


Deborah Rhode, director of the Center on the Legal Profession at Stanford Law School, said the implications could be serious if the government wasn't forthcoming to the high court. "Lawyers for the solicitor general's office carry special responsibilities to present a full and fair record," she said. She said that either the solicitor general's office should confess the error "or the policy should be revised to be what the government said it was."