Immigration Law

Recent Posts

ICE Extends Form I-9 Flexibility
Posted on 15 Sep 2020 by Daniel M. Kowalski

ICE, Sept. 15, 2020 "U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Due to the continued precautions related to COVID... Read More

Tags: Form I-9 , ICE

CA9 on Detainers: Gonzalez v. ICE
Posted on 11 Sep 2020 by Daniel M. Kowalski

Gonzalez v. ICE "We resolve several issues in this opinion. First, we hold that Gonzalez had Article III standing to seek prospective injunctive relief when he commenced suit. The Government’s cancellation of the detainer against him does... Read More

Tags: detainers , ICE

CA1 Vacates PI in Ryan v. ICE
Posted on 2 Sep 2020 by Daniel M. Kowalski

CA1, Sept. 1, 2020 "The district court determined that the plaintiffs were likely to succeed on the merits of this argument and preliminarily enjoined ICE from implementing the Directive or otherwise civilly arresting individuals attending court... Read More

ICE Cracks Down Even More on OPT Students
Posted on 2 Sep 2020 by Daniel M. Kowalski

ICE, Aug. 28, 2020 via NAFSA, Aug. 31, 2020 "On August 28, 2020 SEVP sent DSOs Broadcast Message 2008-03 : SEVP to Mail Notices to OPT Students Without Employer Information , informing them of its plan to mail notices to OPT students "who... Read More

Tags: opt , nafsa , sevp , ICE

USCIS Extends Form I-9 Flexibility
Posted on 20 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 19, 2020 "The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification... Read More

Tags: I-9 , USCIS , DHS , ICE

ICE COVID-19 Prisoner Protocol (Aug. 12, 2020)
Posted on 13 Aug 2020 by Daniel M. Kowalski

ICE, Aug. 12,2020 "How does ICE screen new detainees for COVID-19? Effective June 4, 2020, ICE tests all new detainees who arrive at ICE-owned facilities for COVID-19 during the intake screening process. ICE houses all new arrivals separately ... Read More

Zepeda Rivas TRO (COVID-19 Testing)
Posted on 7 Aug 2020 by Daniel M. Kowalski

Zepeda Rivas v. Jennings "The defendants, having responded to the health crisis in such a cavalier fashion (even in the face of litigation and a string of court orders), have lost the credibility to complain that the relief requested by the plaintiffs... Read More

Tags: geo , COVID-19 , ICE

International Students and Remote Learning in Fall 2020: What You Need To Know (July 26, 2020)
Posted on 27 Jul 2020 by Daniel M. Kowalski

Penn State Law, July 26, 2020 "On July 15, 2020, the U.S. Immigration and Customs Enforcement (ICE) issued an FAQ. The July 15 FAQ comes on the heels of a resolution reached by ICE and Harvard/MIT in connection with a lawsuit filed challenging... Read More

ICE FAQ on Student Visas (July 24, 2020)
Posted on 27 Jul 2020 by Daniel M. Kowalski

ICE, July 24, 2020 "This document provides answers clarifying questions for the fall 2020 term based on the Student and Exchange Visitor Program’s (SEVP) March 9, 2020, Spring Guidance Broadcast. Stakeholders should refer to ICE.gov/Coronavirus... Read More

ICE: No New Student Visas for 100% Online Study
Posted on 25 Jul 2020 by Daniel M. Kowalski

ICE, July 24, 2020 "Nonimmigrant students and schools certified by the Student and Exchange Visitor Program (SEVP) should abide by SEVP guidance originally issued in March 2020 . The guidance enables schools and students to engage in distance learning... Read More

Tags: sevis , COVID-19 , sevp , ICE

Updated SEVIS FAQ (July 15, 2020)
Posted on 15 Jul 2020 by Daniel M. Kowalski

Frequently Asked Questions for SEVP Stakeholders about COVID-19 Last Updated: July 15, 2020 "This document provides answers to frequently asked questions from Student and Exchange Visitor Program (SEVP) stakeholders about the impact of the Coronavirus... Read More

Tags: sevis , students , COVID-19 , sevp , ICE

Harvard vs. DHS
Posted on 8 Jul 2020 by Daniel M. Kowalski

PRESIDENT AND FELLOWS OF HARVARD COLLEGE; and MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Plaintiffs, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; CHAD F. WOLF, in his official capacity as Acting Secretary of... Read More

ICE: All-Online Coursework Could Trigger Deportation for Foreign Students
Posted on 6 Jul 2020 by Daniel M. Kowalski

ICE, July 6, 2020 "SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced modifications Monday to... Read More

Tags: f-1 , sevis , sevp , ICE

TVPRA Victory - Ramirez v. ICE
Posted on 3 Jul 2020 by Daniel M. Kowalski

NIJC, July 2, 2020 "A federal court has ruled that the failure of U.S. Immigration and Customs Enforcement (ICE) officers to consider less restrictive settings before transferring unaccompanied immigrant youth to ICE detention on their 18th birthdays... Read More

ICE Officials Knew Dollar/Day Wages Lacked Congressional Authorization
Posted on 22 Jun 2020 by Daniel M. Kowalski

Jacqueline Stevens, June 22, 2020 E-mail ICE Fought to Keep Secret for Six Years May Clinch Minimum Wage Claims against Private Prisons "For the last ten years I've been conducting research on the history and legality of Immigration and Customs... Read More