Immigration Law

Recent Posts

The Facts Behind the Guatemalan Exodus
Posted on 13 May 2019 by Daniel M. Kowalski

Roger Cohen, New York Times, May 10, 2019 "... Pablo told me about the hunger and fear on the weeklong road to the border. Meager rice and beans offered once a day. Being herded this way and that by coyotes — the smugglers he’d paid... Read More

Asylum Officers Mere Pawns in Trump's Deadly Border Game - Vox Exclusive
Posted on 3 May 2019 by Daniel M. Kowalski

Dara Lind, Vox, May 2, 2019 "The first time that one immigration officer interviewed an asylum seeker under new Trump administration protocols, the officer went back to their hotel room, turned up the shower as hot as it would go, and tried to... Read More

TRAC: Feds 'Flying Blind' on Asylum...And Blinding the Watchers
Posted on 24 Apr 2019 by Daniel M. Kowalski

TRAC, Apr. 23, 2019 "... It appears that the government itself does not actually know what happens to those it arrests at the border. It admits it lacks the ability to reliably follow cases when they pass from one agency of DHS to another - such... Read More

Former BIA Chairman Paul W. Schmidt Excoriates IJs, BIA and CA11 Panel in Salvadoran Asylum Case
Posted on 24 Apr 2019 by Daniel M. Kowalski

Paul W. Schmidt, Apr. 22, 2019 In re Diaz-Rivas v. U.S. Att’y Gen., 11th Cir., 04-18-19, unpublished , Jordan, Circuit Judge, concurring and dissenting. "In truth, this well-documented family-based persecution case should have been granted... Read More

Barr Cannot Ignore the Constitution: The AG’s Latest Attack on Asylum Seekers in Matter of M-S-
Posted on 24 Apr 2019 by Daniel M. Kowalski

Sophia Genovese, Apr. 23, 2019 "The Attorney General cannot selectively choose when to apply the rule of law. Yet when it comes to immigrants, the government feels emboldened to ignore the constitutional protections that are afforded to immigrants... Read More

Tags: mehta , barr , genovese , asylum

Law360 - AG's Bond Restrictions May Run Afoul Of Constitution
Posted on 18 Apr 2019 by Daniel M. Kowalski

Nicole Narea, Law360, Apr. 17, 2019 "U.S. Attorney General William Barr's recent decision to restrict certain asylum-seekers from being released on bond vastly expands the Trump administration's detention capabilities, but scholars warn... Read More

Tags: bond , barr , Law360 , asylum

Are the Canadian and U.S. Refugee/Asylum Processes Really “Similar Enough”? How the New Refugee Bar in Bill C-97 Is Based on a Misunderstanding of U.S. Asylum Law
Posted on 17 Apr 2019 by Daniel M. Kowalski

David Isaacson, Apr. 17, 2019 "In a development decried by several refugee-serving and civil rights organizations , the Canadian government’s proposed budget bill, Bill C-97 , contains within it an amendment to the Immigration and Refugee... Read More

Expert: Trump's Immigration Efforts 'Backfiring'...No 'Coherent Policy'
Posted on 10 Apr 2019 by Daniel M. Kowalski

Matt Kwong, CBC News, Apr. 9, 2019 "[F]or Stephen Yale-Loehr, an immigration-law professor at Cornell University , Nielsen was far from soft on immigration. "Secretary Nielsen will be perceived as the most hardline [Homeland Security] secretary... Read More

Groundbreaking Federal Court Decision Requires Prompt Bond Hearings or Release for Certain Asylum-Seekers
Posted on 6 Apr 2019 by Daniel M. Kowalski

NWIRP, Apr. 5, 2019 "Today, in a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered... Read More

'Remain in Mexico' Plan Echoes Earlier U.S. Policy to Deter Haitian Migration
Posted on 29 Mar 2019 by Daniel M. Kowalski

Muzaffar Chishti and Jessica Bolter, MPI, Mar. 28, 2019 "Under the Trump administration’s new Remain in Mexico policy, more than 200 asylum seekers have been sent back to Mexico by the Department of Homeland Security (DHS) to wait for weeks... Read More

The Asylum Saga of Mexican Journalist Emilio Gutiérrez Soto
Posted on 12 Mar 2019 by Daniel M. Kowalski

Andrew Lapin, Michigan Alumnus Magazine, Spring 2019 "For nearly a year, U-M’s Knight-Wallace Fellowship has provided a home and a lifeline for journalist Emilio Gutiérrez Soto. He is thousands of miles and several years removed from... Read More

Expert: "Historic" Habeas Decision by Federal Appeals Court in Immigration Case
Posted on 8 Mar 2019 by Daniel M. Kowalski

Miriam Jordan, New York Times, Mar. 7, 2019 "Creating yet another roadblock to the Trump administration’s efforts to deport ineligible migrants, a federal appeals court ruled on Thursday that immigration authorities can no longer swiftly... Read More

It Was Her Dream to be an Immigration Judge...And Then it Wasn't
Posted on 14 Feb 2019 by Daniel M. Kowalski

Hamed Aleaziz, Buzzfeed News, Feb. 13, 2019 "Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job — being an immigration judge — was no longer tenable. It was June 11, 2018... Read More

Here’s how to handle Central American migrants — like the Cuban rafters and Soviet Jews before them
Posted on 13 Feb 2019 by Daniel M. Kowalski

Roberto Suro, T. Alexander Aleinikoff, Feb. 13, 2019 "The United States has a long history of responding to migration emergencies with legislative remedies crafted for specific situations. Sometimes, the intent has been to open doors, at other... Read More

Wait in Mexico Policy, Access to Counsel, & Crime
Posted on 11 Feb 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Feb. 10, 2019 "A February 1, 2019 article in the L.A. Times reported that two American attorneys who work for the immigrant rights organization Al Otro Lado, which has sent attorneys to Tijuana to offer advice to Central American... Read More