Immigration Law

Recent Posts

District Court Enjoins DAPA, Expanded DACA: Texas v. USA
Posted on 17 Feb 2015 by Daniel M. Kowalski

"A federal judge in south Texas issued an injunction Monday temporarily blocking a program President Obama announced in November that would defer deportation for about 5 million immigrants living in the United States illegally. The White House quickly... Read More

Tags: daca , injunction , Obama , hanen , dapa , Texas

This Blog Post Destroys Texas' Immigration Case
Posted on 13 Apr 2016 by Daniel M. Kowalski

Yes, it's a bit long, and yes, it's a bit technical, but this post by Georgetown Law Prof. Martin Lederman shows once and for all why Texas' case has been without merit from day one. Let's hope all Supreme Court justices, and their clerks... Read More

Tags: daca , lederman , blog , dapa , Texas

Cert. Pet. Filed in CA5 DAPA Challenge: U.S.A. v. Texas
Posted on 20 Nov 2015 by Daniel M. Kowalski

Petition for Writ of Certiorari - "The Department of Homeland Security has long engaged in “a regular practice * * * known as ‘deferred action,’” in which the Secretary “exercis[es] [his] discretion” to forbear... Read More

Feds Seek Full Court Rehearing in USA v. Texas
Posted on 19 Jul 2016 by Daniel M. Kowalski

Amy Howe, July 18, 2016 - " The filing by Acting Solicitor General Ian Gershengorn acknowledged that it is “exceedingly rare” for the Court to agree to rehear a case. But, the Obama administration emphasized, the Court did precisely that... Read More

Fifth Circuit, 2-1, Nixes Stay of DAPA Injunction
Posted on 26 May 2015 by Daniel M. Kowalski

"Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”... Read More

The President's Dilemma: Executive Authority, Enforcement, and the Rule of Law in Immigration Law
Posted on 17 Nov 2015 by Daniel M. Kowalski

"In 2012, President Obama announced the Deferred Action for Childhood Arrivals (DACA) program, and in 2014, he announced an expansion of DACA as well as a new program called Deferred Action for Parents of Americans and Lawful Permanent Residents... Read More

Webcast with the Experts: United States v. Texas
Posted on 20 Apr 2016 by Daniel M. Kowalski

AILA, Apr. 19, 2016 - "Watch AILA's Director of Advocacy Greg Chen, American Immigration Council's Legal Director Melissa Crow, and UCLA School of Law Professor Hiroshi Motomura as they recap and offer expert analysis of Monday's U.S... Read More

Who Is Eligible for DAPA? Pew Research Fact Tank Knows
Posted on 20 Jan 2016 by Daniel M. Kowalski

Jens Manuel Krogstad, Pew Research, Jan. 19, 2016 - "The expanded programs, which include Deferred Action for Parents of Americans (DAPA) and an expanded DACA, were announced in November 2014 and are on hold due to the lawsuit. They could make an... Read More

DOJ Files 5th Circuit Brief in Texas v. USA
Posted on 31 Mar 2015 by Daniel M. Kowalski

"This case involves a challenge brought by Texas and other States to enjoin — nationwide — enforcement policies that the Secretary of Homeland Security adopted to manage the government’s limited immigration enforcement resources... Read More

Fifth Circuit Panel, 2-1, Upholds DAPA Injunction: Texas v. USA
Posted on 10 Nov 2015 by Daniel M. Kowalski

Panel decision, Nov. 9, 2015 Majority (Smith, Elrod) - "Reviewing the district court’s order for abuse of discretion, we affirm the preliminary injunction because the states have standing; they have established a substantial likelihood of... Read More

Expert: Supreme Court Immigration Case Could 'Redefine Balance of Power' Between Congress, President
Posted on 20 Jan 2016 by Daniel M. Kowalski

Cornell law professor and co-editor of the 21-volume 'bible' of immigration law , Stephen Yale-Loehr, is quoted in multiple media outlets, including CNN , the New York Times and Law360 regarding USA v. Texas , the Supreme Court case that will... Read More

Mayors Support DAPA, DACA Expansion
Posted on 9 Dec 2014 by Daniel M. Kowalski

"Mayors and senior officials from 25 cities across the country met Monday in New York to rally support and lay the groundwork for implementing President Obama’s executive actions to provide relief to millions of undocumented immigrants nationwide... Read More

Cities, Counties Ask Appeals Court To Let Obama Immigration Programs Move Forward
Posted on 7 Apr 2015 by Daniel M. Kowalski

"Leaders from more than 70 cities and counties, some going against their states, joined a legal brief filed Monday asking an appeals court to allow President Barack Obama's deportation relief policies to move forward. "Continuing to delay... Read More

Reaction to USA v. Texas Supreme Court Oral Argument
Posted on 19 Apr 2016 by Daniel M. Kowalski

Tuesday, Apr. 19, 2016, Yosemite National Park* Professors, practitioners, bloggers and reporters are reacting to yesterday's Supreme Court oral argument. (Transcript here .) A sample: Will Chief Justice Roberts Give the Administration a... Read More