Immigration Law

Recent Posts

Can the APA's Arbitrary and Capricious Test Save DACA? - Cyrus Mehta
Posted on 30 Jun 2019 by Daniel M. Kowalski

Cyrus Mehta, June 29, 2019 "The Supreme Court announced on June 28, 2019 that it would consider the legality of President Trump’s ending of the Deferred Action for Childhood Arrivals Program. Although federal courts in New York , California... Read More

SCOTUS to Review DACA Recission Cases
Posted on 28 Jun 2019 by Daniel M. Kowalski

From the June 28, 2019 Order List : "18-587 ) DEPT. OF HOMELAND, ET AL. V. REGENTS OF UNIV. OF CA, ET AL. ) 18-588 ) TRUMP, PRESIDENT OF U.S., ET AL. V. NAACP, ET AL. ) 18-589 ) McALEENAN, SEC. OF HOMELAND V. VIDAL, MARTIN J., ET AL. The petition... Read More

CA4 on DACA: Casa de Maryland v. DHS
Posted on 19 May 2019 by Daniel M. Kowalski

Casa de Maryland v. DHS "... the government’s decision to rescind DACA ... violated the APA because — on the administrative record before us — it was not adequately explained and thus was arbitrary and capricious." Read More

Tags: daca

DACA and Deference: Peter Margulies
Posted on 12 Mar 2019 by Daniel M. Kowalski

Peter Margulies, Mar. 11, 2019 "On March 9, the U.S. Court of Appeals for the D.C. Circuit issued two concurring opinions in an earlier per curiam ruling that had vacated a district court injunction against the military’s restrictions on... Read More

CA11 on DACA, Georgia: Estrada v. Becker
Posted on 7 Mar 2019 by Daniel M. Kowalski

Estrada v. Becker "This case is about a Policy that the Georgia Board of Regents (“Regents”) set. The Policy requires Georgia’s three most selective colleges and universities to verify the “lawful presence” of all... Read More

Tags: daca , Georgia

CA9 Upholds DACA: Regents v. DHS
Posted on 8 Nov 2018 by Daniel M. Kowalski

Regents v. DHS - "The government’s decision to rescind DACA is subject to judicial review. And, upon review, we conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA — at least as justified on this... Read More

Tags: daca

Trump Tries to Bypass Lower Courts on DACA
Posted on 6 Nov 2018 by Daniel M. Kowalski

Amy Howe, SCOTUSBlog, Nov. 5, 2018 - "The federal government tonight returned to the Supreme Court , asking it once again to intervene in a dispute over the Trump administration’s decision to end the program known as “Deferred Action... Read More

NILC DC Seeks DACA Fellow
Posted on 4 Feb 2013 by Daniel M. Kowalski

"The National Immigration Law Center (NILC) is seeking a person with legal training to provide legal support for the Deferred Action for Childhood Arrivals program. This position will support the Own the Dream campaign by expanding the pro bono legal... Read More

Tags: daca , dc , nilc

Legomsky on Legality of DAPA, Expanded DACA (Senate Testimony)
Posted on 22 Feb 2015 by Daniel M. Kowalski

"Several members of this committee have publicly expressed concerns about the views of Attorney General nominee Loretta Lynch as to the legality of President Obama’s recently- announced executive actions on immigration. I have studied these... Read More

DACA Practice Advisory Updated
Posted on 29 Oct 2012 by Daniel M. Kowalski

" This practice advisory incorporates recent DHS guidance regarding fraudulent Social Security numbers, required evidence, and travel considerations for individuals who are requesting Deferred Action for Childhood Arrivals (DACA). It also offers... Read More

MALDEF ASKS FEDERAL COURT TO DISMISS THREAT BY TEXAS TO CHALLENGE DACA INITIATIVE
Posted on 29 Jul 2017 by Daniel M. Kowalski

MALDEF, July 28, 2017 - "A threat by the State of Texas to amend a lawsuit to include a belated challenge to the Deferred Action for Childhood Arrivals (DACA) initiative should be thrown out on the grounds that the original lawsuit is not related... Read More

Tags: daca , MALDEF , lawsuit , dapa , Texas

DACA SOP (April 2013)
Posted on 3 Apr 2014 by Daniel M. Kowalski

"The National Standard Operating Procedures (SOP) for Deferred Action for Childhood Arrivals (DACA) Forms I-821D and I-765, prepared by the Service Center Operations Directorate. Manual is dated April 4, 2013, version 2.0 and was provided to AIC... Read More

Tags: daca , sop , FOIA , nilc , aic

Judges Ream DOJ Lawyers Over DACA Deadline, Discovery
Posted on 27 Sep 2017 by Daniel M. Kowalski

Adam Klasfeld, Courthouse News, Sept. 26, 2017 - "Furious at the Department of Homeland Security for racing to extinguish an Obama-era program that defers the deportation of qualifying young immigrants, a federal judge slammed their deadline obstinance... Read More

DACA, Arrabally and Parole: CM Guru Reports, You Decide
Posted on 14 Dec 2012 by Daniel M. Kowalski

"In its revised Form Instructions to Form I-131, USCIS provides the following on page eight of the Table of Changes: Leaving the United States with an Advance Parole Document is a “departure” from the United States for all purposes... Read More

Tags: daca , arrabally , parole

Arizona's 'No DLs for DACAs' Policy May Not Survive Equal Protection (Rational Basis) Challenge
Posted on 17 May 2013 by LexisNexis Communities Staff

While most news articles focus on Judge Campbell's March 16, 2013 denial of Plaintiffs' motion for preliminary injunction in ADAC et al. v. Brewer et al., CV12-02546 PHX DGC , of greater import is Judge Campbell's position on Plaintiffs'... Read More

  • Blog Post: DACA: The F.A.Q.

    "Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system. As the Department of Homeland Security (DHS) continues...
  • Blog Post: ICE Agents Sue Napolitano Over DACA

    Crane, et al., v. Napolitano, et al ., No. 3:12-cv-03247-O, N.D. TX, Dallas Div., Judge O'Connor, filed Aug. 23, 2012.
  • Blog Post: DACA Filing Tips from USCIS

    Filing Tips: Deferred Action for Childhood Arrivals - USCIS, Aug. 27, 2012 .
  • Blog Post: HHS on DACA, Medicaid, CHIP

    Expect a lot of pushback on this Aug. 28, 2012 letter from HHS : "Because the reasons that DHS offered for adopting the DACA process do not pertain to eligibility for Medicaid or CHIP, HHS has determined that these benefits should not be extended as a result of DHS deferring action under DACA. For...
  • Blog Post: Latest DACA Data from USCIS

    4,591 cases approved as of Oct. 10, 2012 .
  • Blog Post: DACA Webinars, in Spanish and English, on Monday, Oct. 29, 2012

    Webinar Registration Monday, October 29, 2012 1:00 PM - 4:30 PM EDT Sandra Sanchez, Immigrant Voice Program Director for American Friend Service Committe (AFSC), y Maria Lazzarino, ASISTA staff, proveerán información sobre la Acción Diferida para Jóvenes (DACA). Las...
  • Blog Post: Yes, He Can: A Reply to Professors Delahunty and Yoo

    "Article II, Sec. 3 of the Constitution provides that the President “shall take Care that the laws be faithfully executed.” That being so, can President Obama grant deferred action for childhood arrivals (DACA) whose presence here represents a violation of US law? Professors Robert Delahunty...
  • Blog Post: DACA Practice Advisory Updated

    " This practice advisory incorporates recent DHS guidance regarding fraudulent Social Security numbers, required evidence, and travel considerations for individuals who are requesting Deferred Action for Childhood Arrivals (DACA). It also offers strategic advice for attorneys representing individuals...
  • Blog Post: DACA Teleconference on Monday, Nov. 19th at 11:45 a.m. Eastern

    "U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas and other senior Department of Homeland Security (DHS) officials will hold a stakeholder conference call on Monday, November 19 at 11:45 am (Eastern) to discuss deferred action for childhood arrivals. During the teleconference...
  • Blog Post: DACA Stats as of Nov. 15, 2012

    Data represents period August 15 - November 15, 2012 - USCIS, Nov. 15, 2012 .
  • Blog Post: CA1 Stays Mandate for Family with DACA-Eligible Child: Gasparian v. Holder

    "Although the BIA's refusal to reopen must be affirmed, we will stay the mandate as to Haik Gasparian for 90 days to allow him to apply for [DACA] relief; although we cannot order the government to defer removal after the mandate issues, we assume that it is unlikely to preempt the application...
  • Blog Post: USCIS Releases Details on DACA-Related Travel in Proposed Revisions to Form I-131

    "On November 27, 2012, USCIS published a request for comments on the Federal Register for its proposed changes to Form I-131, Travel Document Application. Form I-131 has traditionally been used by three categories of foreign nationals to apply for permission to travel internationally: 1) Legal Permanent...
  • Blog Post: DACA, Arrabally and Parole: CM Guru Reports, You Decide

    "In its revised Form Instructions to Form I-131, USCIS provides the following on page eight of the Table of Changes: Leaving the United States with an Advance Parole Document is a “departure” from the United States for all purposes under the U.S. immigration laws except that it...
  • Blog Post: USCIS Confirms DACA Recipients Are “Lawfully Present”

    "In updated guidance released this afternoon by U.S. Citizenship and Immigration Services, the Obama Administration confirmed that recipients of deferred action are authorized to be in the United States and therefore considered to be “lawfully present” under federal immigration laws...
  • Blog Post: NILC DC Seeks DACA Fellow

    "The National Immigration Law Center (NILC) is seeking a person with legal training to provide legal support for the Deferred Action for Childhood Arrivals program. This position will support the Own the Dream campaign by expanding the pro bono legal services available for immigrant youth seeking...
  • Blog Post: My Great FOIA Adventure and Discoveries of Deferred Action Cases at ICE

    "This Article describes my adventures in FOIA litigation and analyzes deferred action data collected informally by 24 ICE field offices between October 1, 2011, and June 30, 2012. This Article also offers recommendations for the agency on data collection, recordkeeping, and transparency in deferred...
  • Blog Post: FOIA Request Reveals Internal Documents on DACA

    Prof. Shoba Sivaprasad Wadhia writes: "In Fall 2012 I filed a Freedom of Information Act (FOIA) Request with DHS seeking records pertaining to the agency's implementation of the Deferred Action for Childhood Arrivals (DACA) Program, among other items. DHS provided me with a formal response on...
  • Blog Post: Arizona's 'No DLs for DACAs' Policy May Not Survive Equal Protection (Rational Basis) Challenge

    While most news articles focus on Judge Campbell's March 16, 2013 denial of Plaintiffs' motion for preliminary injunction in ADAC et al. v. Brewer et al., CV12-02546 PHX DGC , of greater import is Judge Campbell's position on Plaintiffs' equal protection (rational basis) argument: ...
  • Blog Post: Anti-DACA Lawsuit Dismissed: Crane v. Napolitano

    "[T]he Court finds that Congress has precluded Plaintiffs from pursuing their claims in this Court by enacting the CSRA. Therefore, the Court finds that this case should be and is hereby DISMISSED without prejudice for lack of subject-matter jurisdiction." Crane v. Napolitano, July 31, 2013...
  • Blog Post: Practice Advisory: Advance Parole for DACA Recipients

    "One of the benefits of DACA is that a recipient may seek permission – through a process known as “advance parole” – to travel abroad temporarily for humanitarian, educational, or employment purposes. This practice advisory provides guidance on advance parole eligibility...
  • Blog Post: DACA Data as of Aug. 31, 2013

    USCIS, Sept. 13, 2013.
  • Blog Post: New (-ish) DACA Application Form and Instructions

    This may have slipped under the radar... [ http://www.uscis.gov/I-821D ] On Aug. 30, 2013 CLINIC wrote : "A new edition of the Deferred Action for Childhood Arrivals (DACA) application (Form I-821D) and instructions, dated June 25, 2013, is now available on the USCIS website . After September...
  • Blog Post: DACA Renewal Checklist: Dustin Baxter

    "With Deferred Action for Childhood Arrivals (“DACA”) renewal time on the horizon, it is particularly important that individuals who currently have DACA begin preparing in advance of the renewal period. The renewal period could be as short as one month, and may depend on when your DACA...
  • Blog Post: FOIA Request Reveals DACA Checklist

    Charles Kuck writes : " A client was waiting a long time for their DACA to be approved, so long in fact the it was even beyond the "normal" outrageous processing times. As most know, there is not much that can be done in such a case to "hurry up" the processing. We decided that...
  • Blog Post: ICE-Granted DACA Renewal Guidance

    "We wish to inform you of your opportunity to renew Deferred Action for Childhood Arrivals (DACA). Our records indicate that U.S. Immigration and Customs Enforcement (ICE) deferred action under the DACA process in your case. If you wish to renew your deferred action for another two year period,...