Immigration Law

Recent Posts

Justice Barrett and the Fate of the Mayorkas Prosecutorial Discretion Memo
Posted on 17 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Aug. 16, 2022 "On July 21, 2022, the Supreme Court granted certiorari in United States v. Texas , which involves a challenge to the U.S. Immigration and Customs Enforcement (ICE) enforcement priorities as originally... Read More

Lawsuit to Discover if Trump Lied to SCOTUS about the Muslim Ban
Posted on 25 Jul 2022 by Daniel M. Kowalski

David J. Bier, July 14, 2022 "A new lawsuit by the Cato Institute could answer the question of whether the Supreme Court was wrong to accept assertions from former President Trump that his 2017 travel ban was based on security concerns, not animus... Read More

Border/Lines on US v. Texas
Posted on 25 Jul 2022 by Daniel M. Kowalski

Border/Lines, July 25, 2022 "In a short writ of certiorari agreeing to hear the United States v. Texas case next term, which involves the Biden administration’s immigration priorities, the Supreme Court declined to stay a lower court injunction... Read More

Supreme Court Eases Biden’s Way to Ending “Remain in Mexico” Program, but Termination Is Not a Done Deal
Posted on 7 Jul 2022 by Daniel M. Kowalski

Prof. Peter Margulies, Lawfare, July 7, 2022 "In a 5-4 decision on June 30, the Supreme Court cleared away a major obstacle to the Biden administration ending the Trump administration’s “Remain in Mexico” program (officially called... Read More

Expert: Supreme Court Ruling May Not Deter Anti-Immigrant Zealots
Posted on 2 Jul 2022 by Daniel M. Kowalski

Jessica Gresko, Elliot Spagat, Associated Press, July 1, 2022 "The Supreme Court said Thursday the Biden administration can scrap a Trump-era immigration policy to make asylum-seekers wait in Mexico for hearings in U.S. immigration courts, a victory... Read More

An Important Week for Immigration Law: SCOTUSTalk Podcast
Posted on 22 Jun 2022 by Daniel M. Kowalski

SCOTUSTalk Podcast, June 21, 2022 "During the week of June 13, the Supreme Court decided two immigration cases (involving bond hearings for noncitizens in immigration detention) and declined to decide a third (involving the Trump-era “public... Read More

The Pathos of Patel v. Garland
Posted on 26 May 2022 by Daniel M. Kowalski

Prof. Stacey Caplow, May 25, 2022 "There are many reasons for despair over the Supreme Court’s technocratic decision in Patel v. Garland which strikingly depends on arguments advanced by an amicus rather than the Government . The decision... Read More

Expert: Latest Supreme Court Ruling Means More Lawyers Needed in Immigration Court (Law360)
Posted on 17 May 2022 by Daniel M. Kowalski

Mike LaSusa, Law360, May 16, 2022 "The U.S. Supreme Court's Monday ruling barring judicial review of immigration courts' factual findings raises the stakes for noncitizens in immigration court proceedings, underscoring their need for adequate... Read More

Justices Heard Dispute from GOP-Led States over Biden’s Refusal to Defend Legality of Trump-Era Immigration Rule
Posted on 23 Feb 2022 by Daniel M. Kowalski

Amy L. Howe, Feb. 22, 2022 "On Wednesday, the Supreme Court [ heard ] oral argument in a dispute over whether a group of states, led by Arizona, can defend a contentious Trump-era immigration policy known as the “public charge” rule... Read More

Supreme Court Grants Cert. in Biden v. Texas (MPP)
Posted on 20 Feb 2022 by Daniel M. Kowalski

Amy L. Howe, Feb. 18, 2022 "The Supreme Court on Friday afternoon agreed to decide whether the Biden administration must continue to enforce the Trump-era program known as the “remain in Mexico” policy, which requires asylum seekers... Read More

Groups Ask DOJ to Reject "Insular Cases"
Posted on 17 Feb 2022 by Daniel M. Kowalski

ACLU, Feb. 10, 2022 "Over 100 years ago, the U.S. Supreme Court issued a series of rulings known as the Insular Cases that still prevent millions of people — overwhelmingly, people of color — from accessing certain constitutional rights... Read More

Experts Comment in Advance of Supreme Court Oral Argument
Posted on 11 Jan 2022 by Daniel M. Kowalski

Jan. 11, 2022 - Today the Supreme Court will hold oral arguments in two immigration cases. Two expert comment: Prof. Shalini Ray - "The Supreme Court will hear oral arguments on Tuesday in two related immigration cases , Johnson v. Arteaga-Martinez... Read More

High Court Denies MPP Stay Request...With Important Caveat
Posted on 25 Aug 2021 by Daniel M. Kowalski

On Aug. 24, 2021 the Supreme Court, 6-3, denied the Biden administration's application for a stay of a district court order reactivating the "Remain in Mexico" (Migrant Protection Protocols or "MPP") program. Amy L. Howe has details... Read More

SCOTUS Adds Immigration Cases to 2021-22 Docket
Posted on 24 Aug 2021 by Daniel M. Kowalski

Amy L. Howe, Aug. 23, 2021 "The Supreme Court added two new immigration cases to its docket for the 2021-22 term on Monday morning, granting a pair of petitions filed by the federal government. The relatively rare mid-summer additions came as part... Read More

Sophia Genovese on Johnson v. Guzman Chavez
Posted on 26 Jul 2021 by Daniel M. Kowalski

Sophia Genovese, July 26, 2021 "In Johnson v. Guzman Chavez , 594 U.S. __ (2021), the Supreme Court held that noncitizens in withholding-only proceedings are not entitled to a custody redetermination, or bond, hearing before the Immigration Court... Read More