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Daniel M. Kowalski
1 month ago
Immigration Law
Outside News
Iowa Gov. Signs SB4 Copycat Law
Robin Opsahl, Iowa Capital Dispatch, Apr. 10, 2024 "Gov. Kim Reynolds signed a series of bills Wednesday, including a measure making illegal immigration a state crime in Iowa based on a Texas law currently being challenged in court. Senate File...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
CA5 (2-1) Keeps SB4 Injunction In Place
US v. Texas "In an effort to stem the tide of illegal immigration into Texas, the state legislature passed a bill known as S. B. 4 that amended various statutes. The new laws prohibit noncitizens from illegally entering or reentering the state...
Daniel M. Kowalski
1 month ago
Immigration Law
Outside News
Immigration Is Not Invasion - Prof. Ilya Somin
Prof. Ilya Somin, Mar. 25, 2024 "Texas’s argument equating the two goes against the text and original meaning of the Constitution, and would set a dangerous precedent if courts accept it. ... In two important cases currently before the U...
Daniel M. Kowalski
1 month ago
Immigration Law
Outside News
30 Hours of SB4 Whiplash: Prof. Steve Vladeck
Prof. Steve Vladeck, Mar. 20, 2024 "[I]t’s been a truly chaotic day-and-a-half here in Texas with regard to legal developments concerning the state’s controversial new immigration law— SB4 . And I thought it would be helpful to...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Another SB4 Challenge: LUPE v. Abbott
MALDEF, Mar. 12, 2024 "Texas residents and a local nonprofit organization are challenging the state’s new anti-immigrant law, known as S.B. 4, in federal court as unconstitutional. MALDEF (Mexican American Legal Defense and Educational Fund...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
States Lack Standing to Challenge Parole Program: Texas v. DHS
Texas v. DHS "[T]he record establishes that the number of CHNV nationals entering the United States since the Program’s implementation has dramatically decreased by as much as 44 percent. Plaintiffs, therefore, are unable to demonstrate that...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Supreme Court Temporarily Stays SB 4
Justice Alito's orders are here and here .
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
SB 4 On Fast Track to SCOTUS - UPDATED
Here is the CA5 "administrative stay" order, and here is the DOJ APPLICATION TO VACATE STAY OF PRELIMINARY INJUNCTION ISSUED BY THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Court Enjoins Texas SB 4: US v. Texas
ACLU, Feb. 29, 2024 "The United States District Court for the Western District of Texas today granted a motion for preliminary injunction to block Texas Senate Bill 4 (88-4), which would permit local and state law enforcement to arrest, detain...
Daniel M. Kowalski
2 months ago
Immigration Law
Outside News
Standoff at Eagle Pass: A High-Stakes U.S. Border Enforcement Showdown Comes to a Small Texas Park
Muzaffar Chishti, Julia Gelatt, MPI, Feb. 28, 2024 "This article reviews the recent escalation in federal-state tensions over immigration enforcement and the dispute around Shelby Park."
Daniel M. Kowalski
2 months ago
Immigration Law
Outside News
Texas Atty. Gen. Ken Paxton Sues El Paso Charity Over...What?
William Melhado, Texas Tribune, Feb. 20, 2024 "A Catholic nonprofit that operates several shelters in El Paso sued the Office of the Attorney General earlier this month to delay the release of records after the state agency demanded the immediate...
Daniel M. Kowalski
3 months ago
Immigration Law
Outside News
How Much Has Texas Spent to Expel Migrants? $124 Million Dollars!
Monica Madden, KXAN, Feb. 2, 2024 "Texas has spent more than $124 million sending buses of migrants to sanctuary cities, according to records obtained by Nexstar. According to documents Nexstar obtained, Texas has paid $124,603,616.19 to bus more...
Daniel M. Kowalski
3 months ago
Immigration Law
Outside News
Expert: Texas Statute a "Frontal Assault" on Federal Immigration Law
David G. Savage, Los Angeles Times, Feb. 1, 2024 "For more than a century, immigration and border enforcement have been seen as falling exclusively under federal control, and when states tried to exert a greater role, courts shut them down. Texas...
Daniel M. Kowalski
3 months ago
Immigration Law
Outside News
Prof. Stephen I. Vladeck on the Border, the Constitution, and Gov. Abbott
Essential reading for con law and border buffs: 1. Federalism at the Border : "...My goal in this post is to provide a bit of a broader overview of what the Supreme Court has said about the relative roles and responsibilities of state and federal...
Daniel M. Kowalski
3 months ago
Immigration Law
Outside News
Shelby Park Showdown Update (Jan. 25, 2024)
On Jan. 23, 2024 DHS sent this letter to TX A.G. Paxton. On Jan. 24, 2024 TX Gov. Abbott replied here . Federal courts expert Prof. Steve Vladeck posted this on Twitter (a.k.a. "X"): "Article I, Section 10, Clause 3 of the U.S. Constitution...
Daniel M. Kowalski
3 months ago
Immigration Law
Outside News
Supreme Court (5-4) Says OK for DHS to Cut TX Razor Wire at Border
DHS v. Texas, Jan. 22, 2024 "The application to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869...
Daniel M. Kowalski
3 months ago
Immigration Law
Outside News
Shelby Park Standoff Update (Jan. 18, 2024)
On Jan. 15, 2024 the U.S. Solicitor General filed this pleading at the Supreme Court. On Jan. 17, 2024 Texas A.G. Paxton replied, here and here .
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
CA5 Grants En Banc Review, Vacates USA v. Abbott (Border Buoy Injunction)
USA v. Abbott "IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule...
Daniel M. Kowalski
4 months ago
Immigration Law
Outside News
DHS Sets Deadline for Abbott re Shelby Park
Jan. 14, 2024 letter from DHS to Texas Attorney General Ken Paxton " ... Texas’s actions are clearly unconstitutional and are actively disrupting the federal government’s operations. We demand that Texas cease and desist its efforts...
Daniel M. Kowalski
4 months ago
Immigration Law
Outside News
Standoff at Shelby Park: Three Dead
On Friday, Jan. 12, 2024, U.S. Solicitor General Elizabeth Prelogar filed this SUPPLEMENTAL MEMORANDUM REGARDING EMERGENCY APPLICATION TO VACATE THE INJUNCTION PENDING APPEAL with the U.S. Supreme Court. Texas fired back on Saturday, filing this reply...
Daniel M. Kowalski
4 months ago
Immigration Law
Outside News
TX Gov. Abbott Takes Border Fight With Feds To New Level
James Farrell, Forbes, Jan. 12, 2024 "The Texas National Guard seized control of a park in Eagle Pass, Texas, this week and is denying access to Border Patrol agents as the state continues to try and wrestle border enforcement away from the Biden...
Daniel M. Kowalski
4 months ago
Immigration Law
Outside News
Fed Sue Texas Regarding Unconstitutional SB 4 Immigration Law
DOJ, Jan. 3, 2024 "The Justice Department today filed suit against the State of Texas to challenge Senate Bill 4 (SB 4) under the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause. The Constitution assigns the federal government...
Daniel M. Kowalski
4 months ago
Immigration Law
Outside News
Expert: Texas Immigration Bill Unconstitutional
Maria Recio, Austin American-Statesman, Jan. 3, 2023 "The U.S. Constitution's supremacy clause states that federal laws, rules and regulations trump conflicting state laws, as was upheld in a 2010 Supreme Court case on illegal immigration in...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
DHS v. Texas Update (Jan. 3, 2024)
Amy L. Howe, Jan. 3, 2024 "The Biden administration came to the Supreme Court on Tuesday, asking the justices to block an order by a federal appeals court that generally bars federal Border Patrol agents from cutting or moving razor wire installed...
Daniel M. Kowalski
4 months ago
Immigration Law
Outside News
DOJ to TX Gov. Abbott: Stand Down or We Will Sue
Dec. 28, 2023 letter from DOJ to Texas Governor Greg Abbott "Texas recently enacted Senate Bill 4 (SB 4), which will become effective on March 5, 2024. The law purports to create new state crimes tied to federal prohibitions on unlawful entry and...
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