Immigration Law

Recent Posts

Advocates Ask Court to Rule on Legality of DACA Memo
Posted on 15 Sep 2020 by Daniel M. Kowalski

MALDEF, Sept. 11, 2020 "Civil rights organizations have filed a motion for summary judgement in a lawsuit that seeks to block the Trump administration from unlawfully implementing new limits on DACA, according to papers filed in federal court today... Read More

Tags: daca , MALDEF , wolf , DHS

MALDEF Lawsuit: Wolf DACA Memo Illegal
Posted on 4 Sep 2020 by Daniel M. Kowalski

MALDEF, Sept. 3, 2020 "Chad Wolf is unlawfully serving as Acting Secretary of Homeland Security and therefore his memo placing new restrictions on DACA must be nullified, according to a federal lawsuit filed today. MALDEF (Mexican American Legal... Read More

Tags: daca , MALDEF , wolf

Some Employers Refuse to Hire the DACAmented; Lawsuits Ensue
Posted on 20 Aug 2020 by Daniel M. Kowalski

Miriam Jordon, New York Times, Aug. 20, 2020 "It is impossible to know how many people have been denied jobs based on their DACA status, said Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Education Fund... Read More

Tags: daca , MALDEF

DACA Advocates File Contempt Motion Against DHS
Posted on 19 Aug 2020 by Daniel M. Kowalski

Casa De Maryland v. DHS "Process matters. See, e.g., Regents, 140 S. Ct. at 1909 (“the Government should turn square corners in dealing with the people”) (citation omitted). The rule of law also matters. As does respect for the judiciary... Read More

Tags: daca , DHS

Remove the Sword of Damocles from DACA
Posted on 12 Aug 2020 by Daniel M. Kowalski

Michael A. Olivas and Shoba Sivaprasad Wadhia, Aug. 12, 2020 "Chief Justice John Roberts held in his recent majority opinion in Dep’t of Homeland Security v. Regents of the Univ. of California that the U.S. Department of Homeland Security... Read More

Trump: USCIS Will NOT Accept New DACA Applcations
Posted on 28 Jul 2020 by Daniel M. Kowalski

Steve Holland, Reuters, July 28, 2020 "The administration plans to continue its existing policy of not accepting new DACA applicants, a policy in place since 2017, the official told Reuters." Read More

Trump Lawyers Put New DACA Applications "On Hold"...in a "Bucket"
Posted on 25 Jul 2020 by Daniel M. Kowalski

Emily Davies, Washington Post, July 24, 2020 "Trump administration officials said during a federal court hearing Friday that they have not “granted nor rejected” any applications for a program designed to protect young undocumented... Read More

Tags: daca

Cyrus Mehta on DACA and Reliance
Posted on 26 Jun 2020 by Daniel M. Kowalski

Cyrus Mehta, June 22, 2020 "On June 18, 2020, the Supreme Court in Department of Homeland Security v. Regents of the University of California ruled that Elaine C. Duke, then-Acting Secretary of the Department of Homeland Security (DHS), violated... Read More

Expert: Trump Won't Have Time to Cancel DACA Before Election
Posted on 19 Jun 2020 by Daniel M. Kowalski

Nina Totenberg, NPR, June 18, 2020 "In a major rebuke to President Trump, the U.S. Supreme Court has blocked the administration's plan to dismantle an Obama-era program that has protected more than 600,000 so-called DREAMers from deportation... Read More

The Supreme Court Rules That Trump’s DACA Rescission Doesn’t Pass Muster
Posted on 18 Jun 2020 by Daniel M. Kowalski

Prof. Peter Margulies, June 18, 2020 "On June 18, the Supreme Court by a 5-4 vote ruled against the Trump administration's attempt to rescind the DACA program. In a narrow opinion by Chief Justice John Roberts based on administrative law doctrine... Read More

When 'Dreamers' Self-Deport
Posted on 25 May 2020 by Daniel M. Kowalski

The Take, May 22, 2020 "The US Supreme Court will soon decide the future of the Deferred Action for Childhood Arrivals (DACA) programme. The federal programme has granted a temporary reprieve from deportation for undocumented young people, known... Read More

Tags: daca

Perchance to DREAM
Posted on 7 Apr 2020 by Daniel M. Kowalski

Perchance to DREAM A Legal and Political History of the DREAM Act and DACA by Michael A. Olivas "The first comprehensive history of the DREAM Act and Deferred Action for Childhood Arrivals (DACA) In 1982, the Supreme Court of the United States... Read More

Tags: daca , olivas , DREAM Act

Letter to Supreme Court Urges Justices to Consider DACA Healthcare Providers re COVID-19
Posted on 30 Mar 2020 by Daniel M. Kowalski

Mar. 27, 2020 letter re Wolf, et al., v. Batalla Vidal, et al., No. 18-589 "Healthcare providers on the frontlines of our nation’s fight against COVID-19 rely significantly upon DACA recipients to perform essential work. Approximately 27... Read More

Will Trump Deport One of Texas' Best Prosecutors?
Posted on 3 Jan 2020 by Daniel M. Kowalski

Michael Hall, Texas Monthly, Dec. 19, 2019 "O n Monday morning, Pedro Villalobos stood in front of his new boss, Margaret Moore, the Travis County district attorney. The young lawyer, who wore a dark blue suit and a tie adorned with sunflowers... Read More

Tags: daca , Trump , Texas

Expert: Supreme Court DACA Decision May Rest on C.J. Roberts as Swing Vote
Posted on 13 Nov 2019 by Daniel M. Kowalski

Lomi Kriel, Houston Chronicle, Nov. 11, 2019 "The case, one of the most important of the justices’ term, will help define the scope of presidential powers over immigration. It also is seen as a test of Chief Justice John Roberts, who has... Read More

  • 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...