Immigration Law

Recent Posts

Expert on Fifth Circuit DACA Decision
Posted on 6 Oct 2022 by Daniel M. Kowalski

Jorge Cancino, Univision, Oct. 6, 2022 "The future of the nearly 700,000 beneficiaries of the 2012 Deferred Action for Childhood Arrivals (DACA) program remains uncertain following the ruling issued Wednesday by the New Orleans-based 5th Circuit... Read More

Experts: Biden Can Do More for Dreamers
Posted on 14 Sep 2022 by Daniel M. Kowalski

After 10 years of DACA, Dreamers still live in legal limbo - "Because the Biden administration chiefly focused on its battle with the courts, the new rule fails to adopt any substantive measures to expand or strengthen the DACA program. Most conspicuously... Read More

Experts: New DACA Rule Does Not Go Far Enough
Posted on 31 Aug 2022 by Daniel M. Kowalski

Jacob Hamburger, Stephen W. Yale-Loehr, Aug. 30, 2022 "On Tuesday, the Biden administration published a new rule codifying the Deferred Action for Childhood Arrivals (DACA) program for the first time into the formal regulatory code. Since President... Read More

The Legal Basis for DACA as Expressed in the Final Rule
Posted on 31 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, Aug. 31, 2022 "On August 24, 2022, the Department of Homeland Security (DHS) issued a final rule aimed at “preserving and fortifying” the Deferred Action for Childhood Arrivals (DACA) program. The DACA... Read More

Expert: DACA is in Danger
Posted on 15 Jun 2022 by Daniel M. Kowalski

Gisela Salomon, Claudia Torrens, Associated Press, June 15, 2022 " Stephen Yale-Loehr , an immigration law professor at Cornell University, said things look bad for young immigrants: Both the appeals court and the Supreme Court, where the case... Read More

At Its 10th Anniversary, DACA Faces a Tenuous Future Despite Societal Benefits
Posted on 10 Jun 2022 by Daniel M. Kowalski

Muzaffar Chishti, Julia Gelatt, MPI, June 9, 2022 "On June 15, 2012, President Barack Obama stood in the White House Rose Garden and announced a new program that would transform the lives of hundreds of thousands of unauthorized immigrants brought... Read More

Tags: daca

Another Giant Falls: Prof. Michael A. Olivas, R.I.P.
Posted on 23 Apr 2022 by Daniel M. Kowalski

On Friday, April 22, 2022, renowned immigration law scholar and educator Prof. Michael A. Olivas died at his home in Santa Fe, New Mexico. His passing is an incalculable loss for the immigration law community. Prior to the publication of an official obituary... Read More

Tags: daca , olivas , DREAM Act

An Unexpected Home
Posted on 28 Feb 2022 by Daniel M. Kowalski

Patricia Sulbarán, Victoria Estrada, Latino USA, Feb. 25, 2022 "Thousands of undocumented immigrants request to voluntarily leave the United States every year. Some experience more complicated situations that lead to forceful stays in their... Read More

Tags: daca

The Proposed DACA Regulation: What You Need to Know
Posted on 1 Oct 2021 by Daniel M. Kowalski

Shoba Sivaprasad Wadhia and Stephen Yale-Loehr, September 28, 2021 "What is the proposed DACA regulation? On September 28, 2021, the DHS’s U.S. Citizenship and Immigration Services (USCIS) published a proposed rule that would codify the... Read More

Tags: daca

Expert: Proposed DACA Rule Could "Bulletproof" Program Against Litigation Challenges
Posted on 28 Sep 2021 by Daniel M. Kowalski

Miriam Jordan, Eileen Sullivan, New York Times, Sept. 28, 2021 "The Biden administration [published] a proposed rule on Tuesday in hopes of preserving Deferred Action for Childhood Arrivals, or DACA, a program that has protected hundreds of thousands... Read More

Expert: New DACA Rule Could Be Published "Any Day"
Posted on 26 Sep 2021 by Daniel M. Kowalski

Jorge Cancino, Univision, Sept. 26, 2021 ""A new proposed rule is about to be published to help about 700,000 dreamers," says Stephen Yale-Loehr, professor of immigration law at Cornell University School of Law . "The Office of Management... Read More

MALDEF Sues Tech Company For Denying Jobs to DACA Recipients
Posted on 19 Aug 2021 by Daniel M. Kowalski

MALDEF, Aug. 19, 2021 "A Latino civil rights group is suing a national technology company for unlawfully denying a DACA recipient employment because of her immigration status, according to a class-action lawsuit filed in federal court today. ... Read More

Tags: daca , MALDEF

The Future of DACA: Webinar
Posted on 3 Aug 2021 by Daniel M. Kowalski

UCLA Center for Immigration Law and Policy Tuesday, August 3rd at 12 pm PDT Join the UCLA Center for Immigration Law and Policy’s faculty co-directors Ahilan Arulanantham and Hiroshi Motomura tomorrow at noon for a timely conversation... Read More

Tags: daca

DACA Resources
Posted on 20 Jul 2021 by Daniel M. Kowalski

ImmigrationProfBlog, July 20, 2021 "In light of the recent setback for the Deferred Action for Childhood Arrivals policy, Professor Shoba Sivaprasad Wadhia , Director, Center for Immigrants’ Rights Clinic , provides the following DACA resources... Read More

Tags: daca

Prof. Peter Margulies on Judge Hanen's DACA Ruling
Posted on 19 Jul 2021 by Daniel M. Kowalski

Peter Margulies, July 19, 2021 "On July 16, U.S. District Judge Andrew S. Hanen of the Southern District of Texas ruled that the Deferred Action for Childhood Arrivals (DACA) program is unlawful because it exceeds the power that Congress had delegated... Read More

Tags: daca
  • Blog Post: New Online Tool Will Provide Legal Help to Thousands of DREAMers Nationwide

    "Heartland Alliance’s National Immigrant Justice Center (NIJC) will launch DREAMerJustice.org, a self-assessment tool to enable eligible youth to apply for the Obama administration’s initiative offering temporary relief from deportation. DREAMerJustice.org will be available on...
  • Blog Post: Do DREAMers Really Need Lawyers?

    "Even though the requirements look simple, you don’t need a law degree to know that looks can be deceiving. So when do you really need a lawyer? And just as importantly, what can (and should) a lawyer do for you? ... Some of the red flags are obvious; some are not." - Laura Lichter, Aug...
  • Blog Post: Kids in Oklahoma Qualify for DACA

    " Doug Stump, Tepe's lawyer, said that after Obama's announcement he quickly sent Angel and Gabriela's information to immigration officials in Washington, and was informed just two days before the Tepes were required to leave that their petition would be granted. The officials also told...
  • Blog Post: Interactive: Who's Eligible for Deferred Action in Texas

    "Texas is second to California in the number of beneficiaries who could immediately apply, with about 152,550 to California’s 298,000, according to the IPC. If the policy is kept in place, about 74,000 and 114,500 could potentially apply in Texas and California, respectively, when they are...
  • Blog Post: Demographic Profile of the DREAMers Potentially Eligible Under DACA

    "As many as 1.76 million unauthorized immigrants who were brought to the United States as children could potentially be eligible for a grant of relief from deportation, according to a Migration Policy Institute (MPI) analysis that takes into account the more detailed eligibility criteria outlined...
  • Blog Post: USCIS Posts Deferred Action for Childhood Arrivals (DACA) Forms

    See the links on the right side of this page under "Forms" for the I-821D, I-765, G-1145 and more.
  • Blog Post: Immigration Lawyers: Great Interest in Deferred Action, But Uncertainty Lurks

    " "This is huge." That's how Laura Lichter, president of the American Immigration Lawyers Association, described a new program that gives some undocumented immigrants who came to this country as children the ability to live and work legally here for two years. Starting today, U.S....
  • Blog Post: Key Factors, Unresolved Issues in New Deferred Action Program for Immigrant Youth Will Determine Its Success

    "On August 15, just 60 days after President Obama announced a policy to offer two-year relief from deportation to certain qualifying unauthorized immigrants under the age of 31 who were brought to the United States as children, US Citizenship and Immigration Services (USCIS) began accepting applications...
  • Blog Post: Durbin & Gutierrez Put DREAMers at Risk

    " Senator *** Durbin and Representative Luis Gutierrez released a video message to the DREAMers on August 6 that is one of the most irresponsible and dangerous public messages from a voice of authority in living memory. It is a deep disgrace that supposed champions and co-sponsors of the DREAM Act...
  • Blog Post: Nightmare in Arizona: Jan Brewer's Executive Order

    "I t remains to be seen whether Brewer’s executive order will be politically viable. The GOP may see more Latino voters flee by the November elections, and the future of the party without support from Hispanics and minorities looks grim. Moreover, the granting of status to undocumented youth...
  • Blog Post: A Conservative Supports DACA: Linda Chavez

    " Many conservatives reject President Barack Obama’s recent policy to defer action against illegal immigrants who came to the United States as children. But as a conservative who supports the president’s decision, I think it’s important to seriously engage the arguments both for...
  • Blog Post: Growing Up American

    "Mr. Obama's order will give young people who have spent their entire their lives here worried about not being "real" Americans a chance to realize their dream, and both they and the country they love will be the better for it." Baltimore Sun Editorial, Aug. 19, 2012 .
  • Blog Post: Lining Up in Chicago, With Hopes of Gaining Legal Status

    “I came with my dad. I remember going from hotel to hotel. We would travel when it was really dark. We first went through Belize and through Mexico by bus. Today is great. It’s something we’ve been waiting for. It’s a new beginning.” KATERIN ZUNIGA, 19, a nursing student...
  • Blog Post: Politicians Among Thousands in Chicago for DACA Session

    "At Navy Pier here, young people began lining up on Tuesday evening for a counseling session about the program that was organized by an immigrants’ rights group. By midmorning Wednesday, the line wound down the long pier, through a park and along an expressway, with young people holding sheafs...
  • Blog Post: Nebraska to DACA Beneficiaries: Walk to Work

    "Nebraska has joined Arizona in opposing legal status for immigrants who are newly-documented under Obama’s Deferred Action for Childhood Arrivals program, setting up a constitutional battle while raising tough questions about the program." - CSM, Aug. 18, 2012 .
  • Blog Post: DACA Creates Spillover Work for Mexican Consulates

    "The Mexican Consulate in Dallas is on extended hours this weekend and into the future as it assists young Mexicans here with the ironic task of documenting their undocumented status. Up for grabs, on a case by case basis, is a a deferred deportation and a work permit in the U.S. for a two-year...
  • Blog Post: DACA DNA: John Lennon, Leon Wildes and 'Non-Priority Status'

    In 1972 New York attorney Leon Wildes received a telephone call ...
  • Blog Post: Legal Debate Prompted By Arizona Ban On Deferred Action Licenses

    "Under current state law, Arizona residents can present a work permit, a Social Security Number and one other form of ID to receive a state driver’s license. But the governor’s office asserts that there is a difference between the young people who would qualify for the new Obama Administration...
  • Blog Post: Immigration Brainstorming and DREAMstorming

    "The immigration bar, electronically-transmitting the 21st Century equivalent of tribal smoke signals over these last frenetic days, knows that immigration confusion and complexity will flourish like a Chia pet on growth hormones as USCIS's implementation of DACA unfolds. Witness the many unanswered...
  • Blog Post: Collaborative Website Helps DACA DREAMers: Own The Dream

    " Own the DREAM is a national campaign to help aspiring Americans brought to this country as children take advantage of the opportunity to apply for Deferred Action for Childhood Arrivals (DACA) and work permits. The campaign will join the resources of United We Dream and its partners to offer assistance...
  • Blog Post: Houston Non-Profit Helps with DACA Fees

    "[C]andidates are required to dole out an application fee of $465. Aware of the financial challenge this poses, one Houston nonprofit, Protectors of the Dream, announced on Tuesday its intention to award grants to cover the application fee for 10 to 25 lucky Houston, Texas undocumented applicants...
  • Blog Post: Texas DREAMers Will Be Able to Drive, Despite Gov. Perry's Bluster

    Articles by Dianne Solís (Dallas Morning News) and Julian Aguilar (Texas Tribune) on driver license eligibility in Texas for deferred action grantees.
  • Blog Post: Mississippi Gov. Says No Benefits for DACA Kids

    "Mississippi Gov. Phil Bryant is ordering state agencies not to provide public benefits to immigrants receiving deferred deportation status from the federal government — an order that reinforces current state law. Legislators, meanwhile, held a lengthy public hearing Thursday about whether...
  • Blog Post: From Tijuana, Ex-DREAMer Calls for Immigration Reform

    "Nancy Landa was working in the public sector at a California organization that fateful September in 2009, when she was 29. She had graduated with honors in 2004 with a degree in business administration from California State University, Northridge (CSUN), and had a steady job. Everything seemed...
  • Blog Post: Pipe Down, Greta

    "In a recent blog post, lawyer and Fox News host Greta Van Susteren stated that any lawyer who advised a client to sign up for the [ DACA ] program was committing legal malpractice. Susteren concludes that the program is too risky because of its temporary nature. She speculates that it is nothing...