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 Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.