Immigration Law

Recent Posts

CA3 Rips Feds Over Fake School Scam: Fang v. ICE
Posted on 16 Aug 2019 by Daniel M. Kowalski

Fang v. ICE "The only consideration that could arguably give us pause is the Government’s shifting position on whether the students are the victims of fraud or themselves participants in the fraud for having come here to attend the nonexistent... Read More

Tags: f-1 , students , ICE

ICE Interim Parole Guidance for Implementation of Matter of M-S - July 15, 2019
Posted on 22 Jul 2019 by Daniel M. Kowalski

ICE, July 15, 2019 Interim Guidance for Implementation of Matter of M-S, 27 I&N Dec. 509 (A.G. 2019) During the Stay of the Modified Nationwide Preliminary Injunction in Padilla v. ICE, No. 18-928, 2019 WL 2766720 (W.D. Wash. July 2, 2019): Parole... Read More

Tags: parole , ICE

ICE Final Rule on Flores to be Published in September 2019?
Posted on 21 Jun 2019 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 06/24/2019. "U.S. Immigration and Customs Enforcement—Final Rule Stage Apprehension, Processing, Care and Custody of Alien Minors and Unaccompanied Alien Children Regulation... Read More

Habeas Victory in SDNY: Martinez v. McAleenan
Posted on 17 Jun 2019 by Daniel M. Kowalski

Martinez v. McAleenan "Luis Martinez ("Petitioner"), a native and citizen of Mexico, has been living in the U.S. since 1990, when he was 12 or 13 years old. Petitioner has been detained in U.S. Immigration and Customs Enforcement ("ICE"... Read More

CA9 on Reasonable Suspicion: Perez Cruz v. Barr
Posted on 13 Jun 2019 by Daniel M. Kowalski

Perez Cruz v. Barr "Immigration and Customs Enforcement (ICE) agents implemented a preconceived plan to “target” over 200 factory workers for detention and for interrogation as to their immigration status. The plan turned on obtaining... Read More

ACLU of La. and SPLC Sue Trump Administration for Illegally Denying Parole to Asylum Seekers
Posted on 31 May 2019 by Daniel M. Kowalski

ACLU, May 30, 2019 "The SPLC and the American Civil Liberties Union of Louisiana filed suit today against the Trump administration for categorically denying release to hundreds of people who are languishing in immigration prisons after lawfully... Read More

Colo. Gov. Polis Signs Pro-Immigrant Bills
Posted on 29 May 2019 by Daniel M. Kowalski

On Tuesday, May 28, 2019, Colorado Governor Jared Polis signed into law House Bill 1124, Protect Colorado Residents From Federal Government Overreach : " BILL SUMMARY The bill allows a law enforcement officer or employee to cooperate or... Read More

New Jersey Court Directive: Immigration-Related Policies
Posted on 24 May 2019 by Daniel M. Kowalski

Directive #07-19, May 23, 2019 "This directive modifies the Judiciary's policies on the collection of immigration-related data and the protocol for responding to Immigration and Customs Enforcement (ICE) activities at courthouses." Read More

ICE to Hike Fees for Foreign Students, Exchange Visitors, Schools
Posted on 22 May 2019 by Daniel M. Kowalski

ICE, May 22, 2019 "The Department of Homeland Security (DHS) has finalized changes to fees charged by the Student and Exchange Visitor Program (SEVP) to international students, exchange visitors and SEVP-certified schools. The new fees will take... Read More

New State Law Protects Immigrants in Washington
Posted on 22 May 2019 by Daniel M. Kowalski

NWIRP, May 21, 2019 "On May 21st, Governor Jay Inslee signed The Keep Washington Working Act (Senate Bill 5497) into law. This important legislation promotes fairness to immigrants and protects the privacy and civil rights of all Washington residents... Read More

ICE Pushes Detainer Envelope with 'Warrant Service Officer' Program
Posted on 6 May 2019 by Daniel M. Kowalski

ICE, May 6, 2019 "U.S. Immigration and Customs Enforcement (ICE) announced today the creation of a new collaborative program intended for local law-enforcement that wish to honor immigration detainers but are prohibited due to state and local policies... Read More

CA2 on Habeas, Suspension Clause, Free Speech - Ragbir v. Homan
Posted on 25 Apr 2019 by Daniel M. Kowalski

Ragbir v. Homan "Ravidath Ragbir, an alien subject to a final order of removal, together with several immigration‐policy advocacy organizations, appeals from an interlocutory order of the United States District Court for the Southern District of... Read More

NY Bars ICE Arrests in State Courthouses: Directive (Apr. 17, 2019)
Posted on 20 Apr 2019 by Daniel M. Kowalski

Mallory Moench, Times Union, Apr. 18, 2019 "ICE can no longer arrest undocumented immigrants inside New York courthouses unless they have a warrant signed by a judge. The New York State Office of Court Administration (OCA) signed its new rule change... Read More

New FOIA Release - Butler County ICE Detainees Paid in Coffee Packets, ICE Punishes Hunger Strikers in Tacoma
Posted on 27 Mar 2019 by Daniel M. Kowalski

Prof. Jacqueline Stevens, Mar. 25, 2019 "Attorneys have been suing private prisons for their exploitation of people in custody under immigration laws, a phenomenon that has been receiving increasing coverage by the mainstream media . But county... Read More

CA5 on Change of Address: Fuentes-Peña v. Barr
Posted on 8 Mar 2019 by Daniel M. Kowalski

Fuentes-Peña v. Barr "Because ICE is now responsible for providing the alien’s address to the immigration court when it files the NTA, we read 8 U.S.C. §1229, through the lens of 6 U.S.C. § 557, to require the alien to provide... Read More