Immigration Law

Recent Posts

Whistleblowers Say CBP Knowingly Broke The Law As It Turned Back Asylum-Seekers
Posted on 23 Sep 2020 by Daniel M. Kowalski

Max Rivlin-Nadler, KPBS, Sept. 18, 2020 "A new filing in federal court claims that Customs and Border Protection knew it was breaking the law when it began turning away asylum-seekers at the southern border. The filings are part of a class-action... Read More

Tags: mpp , metering , asylum , border

TRAC Releases New Asylum Data...With a Warning
Posted on 18 Sep 2020 by Daniel M. Kowalski

TRAC, Sept 16, 2020 "TRAC will begin once again releasing asylum data received from the Executive Office for Immigration Review (EOIR). After repeatedly uncovering issues in the quality of EOIR's data, the Transactional Records Access Clearinghouse... Read More

Tags: TRAC , eoir , asylum

Another Crack in CDC's Border Blockade?
Posted on 9 Sep 2020 by Daniel M. Kowalski

Hamed Aleaziz, BuzzFeed News, Sept. 8, 2020 "The Trump administration is considering changing a pandemic-related border policy to no longer quickly return unaccompanied immigrant children to four countries that require them to test negative for... Read More

Tags: Children , CDC , asylum , border

Clear-Cut Asylum Applicant Valeska Aleman Denied Hearing Under Title 42 Exclusion
Posted on 28 Aug 2020 by Daniel M. Kowalski

Kevin Sieff, Washington Post, Aug. 28, 2020 "She was one of the most recognizable activists in Nicaragua, protesting a government that has jailed and killed its opponents. Her photo ran in national newspapers; one called her the “face of... Read More

Comment on Anti-Asylum Proposed Rule: David Isaacson
Posted on 10 Aug 2020 by Daniel M. Kowalski

David Isaacson, Aug. 8, 2020 "On the heels of the prior proposed rule restricting asylum and withholding of removal that I commented on and blogged about , the Department of Homeland Security and Executive Office for Immigration Review have put... Read More

Tags: isaacson , asylum

Round Table of Former IJs: Proposed "Security Risk" Rule an "Improper Attempt to Legislate through Rule Making"
Posted on 10 Aug 2020 by Daniel M. Kowalski

Round Table of Former Immigration Judges, Aug. 7, 2020 "Comments in Opposition to Proposed Rulemaking: 85 FR 41201, Security Bars and Processing (DHS and EOIR) The Round Table of Former Immigration Judges is composed of 46 former Immigration... Read More

Tags: asylum

"Shadow Operation" Deports Kids
Posted on 4 Aug 2020 by Daniel M. Kowalski

Lomi Kriel, ProPublica, Texas Tribune, Aug. 4, 2020 "Thousands of migrant children — including babies — have been expelled by the Trump administration since March. Some have been held in hotels without access to lawyers or family. Advocates... Read More

Tags: CDC , asylum

David Isaacson: Proposed Asylum Rule a "Monstrosity"
Posted on 14 Jul 2020 by Daniel M. Kowalski

David Isaacson, July 14, 2020 "The Department of Homeland Security and the Executive Office of Immigration Review (the agency within the Department of Justice that runs the immigration courts) have jointly proposed a new rule entitled “Procedures... Read More

Tags: asylum

Jeffrey S. Chase: Justices' Asylum Ruling Further Limits Migrant Protections
Posted on 1 Jul 2020 by Daniel M. Kowalski

Jeffrey S. Chase, June 29, 2020 "In Thuraissigiam v. Barr,[1] the U.S. Supreme Court by a 7-2 margin recently rejected a ruling by U.S. Court of Appeals for the Ninth Circuit that the Immigration and Nationality Act's limits on the scope of... Read More

Expert: Trump "Sure to Use" Supreme Court Ruling to Restrict Asylum
Posted on 25 Jun 2020 by Daniel M. Kowalski

Associated Press, June 25, 2020 "The Supreme Court on Thursday strengthened the Trump administration’s ability to deport people seeking asylum without allowing them to make their case to a federal judge. The high court’s 7-2 ruling... Read More

Taking a Sledgehammer to Asylum: Jeffrey S. Chase
Posted on 24 Jun 2020 by Daniel M. Kowalski

Jeffrey S. Chase, June 23, 2020 "The Trump Administration has repeatedly acted to damage our country’s asylum laws. Its latest move, expressed in 161 pages of proposed regulations , does so with a sledgehammer. The proposal claims that “as... Read More

Tags: asylum

Expert: "Frankenstein Rule Would Gut Asylum System" (Law360)
Posted on 15 Jun 2020 by Daniel M. Kowalski

Suzanne Monyak, Law360, June 12, 2020 "The Trump administration's proposed overhaul of the U.S. asylum process, calling for more power for immigration judges and asylum officers, could hinder migrants' access to counsel in an already fast... Read More

"The End of the Asylum System as We Know It"
Posted on 11 Jun 2020 by Daniel M. Kowalski

Elliot Spagat, Associated Press, June 11, 2020 "The Trump administration on Wednesday proposed sweeping restrictions on asylum, seeking to align a legal framework with the president’s efforts to limit immigration to the United States. The... Read More

Tags: asylum

Re-Coding Asylum: Lawyers With Tech Battling For Migrant Justice
Posted on 22 May 2020 by Daniel M. Kowalski

Forbes, May 21, 2020 "Over the last several years, America has been rocked by evidence of the mistreatment of migrants in detention centers. While the nation makes its political judgments about the future of immigration policy, Stephen Manning... Read More

Tags: asylum , Manning

Public Health Experts Urge CDC, HHS to Withdraw Order Enabling Mass Expulsion of Asylum Seekers
Posted on 20 May 2020 by Daniel M. Kowalski

LETTER TO HHS SECRETARY AZAR AND CDC DIRECTOR REDFIELD SIGNED BY LEADERS OF PUBLIC HEALTH SCHOOLS, MEDICAL SCHOOLS, HOSPITALS, AND OTHER U.S. INSTITUTIONS "We are public health experts at leading public health schools, medical schools, hospitals... Read More

Tags: HHS , COVID-19 , CDC , asylum