Immigration Law

Recent Posts

ICE Directive: Identification and Monitoring of Pregnant, Postpartum, or Nursing Individuals (July 1, 2021)
Posted on 9 Jul 2021 by Daniel M. Kowalski

ICE Directive 11032.4, July 1, 2021 "Superseded: ICE Directive I I 032.3 Identification and Monitoring of Pregnant Detainees (December 17, 2017) ICE Policy I 0070. I: Discretion for Nursing Mothers (November 7, 2007) This Directive sets forth... Read More

Prosecutorial Discretion and the ICE Office of the Principal Legal Advisor (OPLA)
Posted on 15 Jun 2021 by Daniel M. Kowalski

ICE, June 11, 2021 - [Provides a description of prosecutorial discretion, email addresses for PD requests, and links to further resources.] Read More

ICE Interim Litigation Position Regarding Motions to Reopen in Light of Niz-Chavez
Posted on 10 Jun 2021 by Daniel M. Kowalski

ICE, June 9, 2021 "On April 29, 2021, the Supreme Court decided Niz-Chavez v. Garland , 141 S. Ct. 1474 (2021), which involved eligibility for “cancellation of removal,” a type of discretionary immigration relief available in removal... Read More

Tags: Niz-Chavez , ICE

ICE Guidance Regarding Civil Immigration Enforcement and Removal Policies and Priorities (May 27, 2021)
Posted on 5 Jun 2021 by Daniel M. Kowalski

ICE, May 27, 2021 " ... Prosecutorial discretion is an indispensable feature of any functioning legal system. The exercise of prosecutorial discretion, where appropriate, can preserve limited government resources, achieve just and fair outcomes... Read More

Form I-9 Compliance Flexibility Extended by ICE
Posted on 27 May 2021 by Daniel M. Kowalski

ICE, May 26, 2021 "U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was initially granted last year. Due to the continued precautions related to COVID... Read More

Tags: Form I-9 , ICE

DHS Withdraws Proposed EAD, Biometrics Rules
Posted on 7 May 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 05/10/2021 - "The U.S. Department of Homeland Security (DHS) is withdrawing a notice of proposed rulemaking (NPRM) that published on November 19, 2020. The NPRM proposed to revise... Read More

Tags: proposed rule , cbp , USCIS , DHS , ICE

Joint ICE-CBP Memo: Civil Immigration Enforcement Actions in or near Courthouses
Posted on 27 Apr 2021 by Daniel M. Kowalski

ICE, Apr. 27, 2021 "This memorandum provides interim guidance that governs our civil immigration enforcement actions in or near courthouses. It is effective immediately and will be replaced after the Secretary issues his final guidance after engaging... Read More

Tags: courthouses , cbp , DHS , ICE

ICE, CBP to Limit Civil Enforcement Actions In or Near Courthouse
Posted on 27 Apr 2021 by Daniel M. Kowalski

DHS, Apr. 27, 2021 "Today, Secretary of Homeland Security Alejandro N. Mayorkas directed U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) to place new limits on civil immigration enforcement actions in... Read More

Tags: courthouses , cbp , DHS , ICE

ICE Continues March 2020 Guidance for the 2021-22 Academic Year
Posted on 26 Apr 2021 by Daniel M. Kowalski

ICE, Apr. 26, 2021 "The Student and Exchange Visitor Program (SEVP) will extend the guidance originally issued in March 2020 for the 2021-22 academic year. This guidance enables schools and students to engage in distance learning in excess of regulatory... Read More

Tags: f-1 , sevis , sevp , ICE

DHS, ICE Announce Rescission of Civil Penalties for Failure-to-Depart
Posted on 23 Apr 2021 by Daniel M. Kowalski

DHS, Apr. 23, 2021 "Today, at the direction of Secretary of Homeland Security Alejandro N. Mayorkas, U.S. Immigration and Customs Enforcement (ICE) rescinded two delegation orders related to the collection of civil financial penalties for noncitizens... Read More

Tags: penalties , DHS , ICE

NJ Sup. Ct. on Pretrial Release, ICE Holds: State v. Molchor, Rios, Lopez-Carrera
Posted on 31 Mar 2021 by Daniel M. Kowalski

State v. Molchor, Rios, Lopez-Carrerra "Here, the question before the Court affects a relatively small number of cases. All of them involve individuals who would not otherwise be detained as high-risk defendants. In other words, the cases involve... Read More

ORR, ICE, CBP Information-Sharing MOA (Mar. 11, 2021)
Posted on 16 Mar 2021 by Daniel M. Kowalski

MEMORANDUM OF AGREEMENT (MOA) AMONG THE OFFICE OF REFUGEE RESETTLEMENT OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES AND U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AND U.S. CUSTOMS AND BORDER PROTECTION OF THE U.S. DEPARTMENT OF HOMELAND SECURITY... Read More

ICE, Detention, COVID & GEO: Zepeda Rivas v. Jennings
Posted on 21 Feb 2021 by Daniel M. Kowalski

CA9, Feb. 18, 2021, Zepeda Rivas v. Jennings "Plaintiffs, civil immigration detainees housed at Mesa Verde Detention Facility and Yuba County Jail (collectively, the Facilities), filed a class petition for writ of habeas corpus, and a class complaint... Read More

Tags: detention , geo , COVID-19 , ICE

ICE Interim Guidance: Civil Immigration Enforcement and Removal Priorities (Feb. 18, 2021)
Posted on 18 Feb 2021 by Daniel M. Kowalski

ICE, Feb. 18, 2021 "This interim guidance is effective immediately. It applies to all U.S. Immigration and Customs Enforcement (ICE) Directorates and Program Offices, and it covers enforcement actions, custody decisions, the execution of final... Read More

CA9 on ICE, Bond, Habeas: Bello-Reyes v. Gaynor
Posted on 14 Jan 2021 by Daniel M. Kowalski

Bello-Reyes v. Gaynor "This case requires us to consider whether the Supreme Court’s recent decision in Nieves v. Bartlett, 139 S. Ct. 1715 (2019), applies to a noncitizen’s claim that Immigration and Customs Enforcement (“ICE”... Read More

Tags: bond , ICE , habeas