Immigration Law

Recent Posts

"We Are Like Slaves, And The Master is ICE"
Posted on 9 Sep 2020 by Daniel M. Kowalski

Joe Penney, NYRDaily, Sept. 8, 2020 "Over the last couple of years, Louisiana has become a national hub of immigrant detention , with eleven facilities that hold more than 15 percent of the total population in ICE custody. Normally, an average... Read More

Immigrant Detention and COVID-19: How a Pandemic Exploited and Spread through the US Immigrant Detention System
Posted on 14 Aug 2020 by Daniel M. Kowalski

Donald Kerwin, Center for Migration Studies of New York, Aug. 2020 "This report reviews US detention developments from March 1 to August 1, 2020, a period when COVID-19 established itself and spread through the sprawling US detention system and... Read More

Judge Orders ICE To Free Detained Immigrant Children Because Of COVID-19
Posted on 29 Jun 2020 by Daniel M. Kowalski

Vanessa Romo, NPR, June 26, 2020 "Citing the unrelenting spread of the coronavirus, a federal judge has ordered that all children currently held in U.S. Immigration and Customs Enforcement custody for more than 20 days must be released by July... Read More

Manipulating Risk: Immigration Detention through Automation
Posted on 10 Jun 2020 by Daniel M. Kowalski

Kate Evans & Robert Koulish, 24 Lewis & Clark Law Review (forthcoming 2020) "The U.S. Department of Homeland Security arrests as many as 500,000 migrants per year and detains more than 350,000 of them through Immigration and Customs Enforcement... Read More

Tags: detention , FOIA , ICE

Injustice and the Disappearance of Discretionary Detention under Trump: Detaining Low Risk Immigrants without Bond
Posted on 10 Jun 2020 by Daniel M. Kowalski

Robert Koulish & Kate Evans, May 22, 2020 "This Report demonstrates that the Immigration and Customs Enforcement (ICE) violates legal requirements to provide immigrants with an individualized custody determination. Trump’s enforcement... Read More

Tags: detention , FOIA , ICE

Immigration Detention and Release Policies Fatally Flawed
Posted on 5 May 2020 by Daniel M. Kowalski

Donald Kerwin, May 2, 2020 "In late March, I argued in an earlier version of this paper that the US Department of Homeland Security (DHS) should immediately embark on an aggressive program of release, supervised release and alternative-to-detention... Read More

Immigrant Detention, COVID-19, and Opportunities for Action
Posted on 28 Apr 2020 by Daniel M. Kowalski

Caitlin Patler, PhD, University of California, Davis; Altaf Saadi, MD MSc, Massachusetts General Hospital and Harvard Medical School; Hamid Yazdan Panah, JD, Immigrant Defense Advocates, April 2020 "Conditions of confinement in immigrant detention... Read More

A Long Time Coming: How the Immigration Bond and Detention System Created Today’s COVID-19 Tinderbox
Posted on 24 Apr 2020 by Daniel M. Kowalski

Hafsa S. Mansoor (J.D. ’20) & Katherine Comly (J.D. ’20), Under Supervision of Professor Lori A. Nessel, Seton Hall University School of Law | Immigrants’ Rights/International Human Rights Clinic, Apr. 20, 2020 "Immigrants... Read More

Judge Orders ICE to Reduce Detainee Population Amid Pandemic
Posted on 24 Apr 2020 by Daniel M. Kowalski

Jon Parton, CNS, Apr. 23, 2020 "A federal judge in Los Angeles ordered U.S. Immigration and Customs Enforcement Thursday to reduce the amount of detainees held in its Adelanto processing facility in order to reduce exposure to the coronavirus.... Read More

Advocates Ask Colo. Gov. Polis to Address Immigration Detention
Posted on 13 Apr 2020 by Daniel M. Kowalski

AILA, American Immigration Council, RMIAN, Apr. 13, 2020 "As your administration works to address the crisis created by the coronavirus in Colorado, we write to urge you to take any and all steps possible to compel an orderly but significant reduction... Read More

Immigration Jails Aren't The Answer: TEDx MileHigh
Posted on 11 Feb 2020 by Daniel M. Kowalski

Prof. César Cuauhtémoc García Hernández, TEDxMileHigh, Feb. 10, 2020 "Every year, with the support of Republicans & Democrats alike, half a million people are locked up in prisons & detention centers while the... Read More

The Trump Administration’s New Expanded Travel Ban: What You Need To Know
Posted on 4 Feb 2020 by Daniel M. Kowalski

The Trump Administration’s New Expanded Travel Ban: What You Need To Know Updated January 31, 2020 (current as of: 4:45pm EDT) By the Penn State Law Center for Immigrants' Rights Clinic, the AILA New England Chapter, and the American-Arab... Read More

Book Launch! Migrating to Prison
Posted on 28 Jan 2020 by Daniel M. Kowalski

Jan. 28, 2020, Denver, Colorado Today marks the Denver book launch for Migrating to Prison: America's Obsession with Locking Up Immigrants , by Prof. César Cuauhtémoc García Hernández . "For most of America’s... Read More

Tags: detention

New Book - Baby Jails: The Fight to End Incarceration of Refugee Children
Posted on 13 Jan 2020 by Daniel M. Kowalski

University of California Press "Baby Jails: The Fight to End the Incarceration of Refugee Children in America, by Philip G. Schrag About the Book “I worked in a trailer that ICE had set aside for conversations between the women and the... Read More

In Boston's Immigration Court, Bond!
Posted on 8 Jan 2020 by Daniel M. Kowalski

Maryam Saleh, The Intercept, Jan. 6, 2020 "For the first time in at least two decades, lawyers for U.S. Immigration and Customs Enforcement are required to justify the detainment of noncitizens who are awaiting court proceedings in New England... Read More

  • Blog Post: Immigration detention: fastest growing incarceration system in the U.S.

    "The arrest, detention and deportation of illegal immigrants is higher than at any time in U.S. history with more than 2.3 million individuals deported in the last five years. The government's immigration enforcement efforts -- detention -- is now the fastest growing incarceration system...
  • Blog Post: Lost in Detention: PBS Frontline, Oct. 18, 2011

    FRONTLINE and the Investigative Reporting Workshop investigate the Obama administration’s controversial get-tough immigration policy; featuring Maria Hinojosa. PBS Frontline; Check local listings .
  • Blog Post: Immigrant Detention Business Is Booming, So Is Abuse

    "Private detention operators like the GEO Group continue to boast about their increasing share value. Time and again they point to the anti-immigrant legislation as a sure guarantee for ongoing business. They have billions at stake and they will do anything possible to keep it that way....
  • Blog Post: Jails No Place for U.S. Immigration Detainees, Report Says

    "A report issued today by Human Rights First reveals that despite a 2009 commitment made two years ago today to overhaul the immigration detention system, the United States continues to hold the overwhelming majority of its nearly 400,000 detained asylum seekers and other civil immigration...
  • Blog Post: ICE paints bleak picture of detention system

    "More than 1,000 pages of internal reports from ICE's Office of Detention Oversight, obtained through a Freedom of Information Act request, paint an often bleak picture of the inside of the nation's immigration detention system, with detainees in some facilities lacking access to quality...
  • Blog Post: Huddled Masses, Turned Away

    "Our restrictive immigration laws are bad enough — separating families, sending refugees like Haitians back to devastated countries, denying jobs to foreign students — but how they are administered is even worse. Some immigrants languish in privately operated detention facilities...
  • Blog Post: My Experience in Immigration Detention

    "Omar Hassan came to the United States from Somalia in 1996 to apply for political asylum. After an immigration judge denied his application, his case was on appeal for 14 years. During that time, he worked 12-hour days as an electronic technician in Austin, Texas, and Phoenix, Arizona. In October...
  • Blog Post: Lawsuit: Immigration officials wrongly held man for 7 months

    "A Seattle-area man detained by immigration authorities for nearly seven months now claims he was wrongly arrested at Sea-Tac Airport while attempting to fly to Alaska. Describing his arrest as “an arbitrary and indefensible loss of liberty,” attorneys for Haji Dukureh claims he...
  • Blog Post: A broken, dangerous immigration detention system

    "The federal government needs to make good on its promises to reform its detention centers and to make far greater use of alternatives for people who pose no danger. Detainees should have more access to the courts to challenge their detention, and rigid laws that demand automatic or mandatory...
  • Blog Post: Calls for probe of GEO Group immigration jail in Queens

    "The city public advocate is joining several Queens elected officials in another call to the federal government to stop its association with a private group that has been running a controversial immigration detention center in southeast Queens. Bill de Blasio, along with City Councilman Danny...
  • Blog Post: Report calls for reform of flawed immigrant detention system

    Links to the report , the press release , and an Associated Press article . "The report, Not Too Late for Reform , authored by Heartland Alliance’s National Immigrant Justice Center (NIJC) and the Midwest Coalition for Human Rights (MCHR), demonstrates that the Obama administration...
  • Blog Post: Proposed immigration jail divides Chicago suburb

    "A small south suburb has quietly been working with federal officials on a plan to build an immigration lockup of up to 700 beds, placing the semirural town in the middle of a national debate. Some Crete residents, angered by what they call a lack of transparency, have been organizing since...
  • Blog Post: No Conviction, But No Freedom: ICE Jails Over 13,000 Immigrants

    "On a single day this past fall, the United States government held 13,185 people in immigration detention who had not been convicted of a crime, some of whom will not be charged with one, according to information The Huffington Post obtained through a Freedom of Information Act request....
  • Blog Post: Four Years Frozen in ICE

    "Like thousands of other people in 2006, Jose Franco was detained by immigration authorities. Most detainees are either deported to their country of origin or released after winning their right to remain in the United States. But this case took a different route . Mr. Franco has a mental...
  • Blog Post: Detained immigrants with mental illnesses face barriers in court

    "Schizophrenic man's case shows how, activists say, such defendants are left to fend for themselves. He couldn't afford a lawyer and authorities wouldn't provide one free, so his mother was his advocate." - Paloma Esquivel, Los Angeles Times, Feb. 7, 2012 .
  • Blog Post: Local Sierra Club opposes South Florida immigration detention center

    "The Broward Group of the Sierra Club last week announced its opposition to the federal immigration detention center set to be built in the South Florida town of Southwest Ranches . The group “passed a resolution opposing construction of a 1,500 bed for-profit detention facility...
  • Blog Post: Mentally ill immigrants deported without representation

    "The government holds, on average, more than 30,000 immigrants with unresolved status in detention on any given day. Immigration and Customs Enforcement officials do not know how many are mentally disabled, but class-action attorneys estimate as many as 1,000 immigration detainees have a ...
  • Blog Post: Report Takes Hard Look at Immigration Detention

    "The immigrants being held in Essex County and facing deportation tell of being locked down in rooms while being denied medical help, of not getting "a mere" 1,000 to 1,500 calories a day in nutrition, of trying to sleep fully clothed in freezing spaces, of fellow detainees "who...
  • Blog Post: Administration Refuses to Allow Court Review of Asylum Seekers' Detention

    "The Department of Justice has refused to issue regulations that would allow immigration judges to decide whether to detain asylum seekers who are determined to have viable cases and pose no threat to society. The administration released its decision in response to a petition for rulemaking...
  • Blog Post: The Trouble with Karnes County's ICE 'Hotel'

    "ICE has a shiny, new building to warehouse people." - Melissa del Bosque, Texas Observer, Mar. 16, 2012 .
  • Blog Post: Mocking Humane Immigration Detention Standards

    AIC, Mar. 28, 2012 : House Hearing Makes Light of Necessary Detention Reform Released on Wed, Mar 28, 2012 Washington D.C. - Today, the House Judiciary Committee will hold a hearing on new immigration detention standards recently issued by Immigration and Customs Enforcement (ICE). Cynically...
  • Blog Post: Congress should get serious about immigration detention facilities

    "During the last decade, I’ve crisscrossed America visiting remote immigration detention centers in more than half a dozen states. From New Jersey to California, there are over 250 such facilities that house almost 400,000 immigrants and asylum seekers on an annual basis -- all waiting...
  • Blog Post: Immigration Jail Is No Holiday

    "The flippant title of the hearing ["Holiday on ICE"] shows a blatant disregard for the more than 110 people who have died in immigration custody since 2003. One of them was my uncle Joseph, an 81-year-old throat cancer survivor who spoke with an artificial voice box. He arrived...
  • Blog Post: Friday's Wall of Shame Poster Child: Lamar Smith

    Smith : "This hearing is entitled “ Holiday on ICE ” because ICE has decided to upgrade accommodations for detained illegal and criminal immigrants. While we would all like to be upgraded, we don’t have the luxury of billing American taxpayers or making federal law enforcement...
  • Blog Post: Politicized Neglect: A Report from Etowah County Detention Center

    "This report details findings from an assessment of the Etowah County Detention Center in Alabama, which houses both criminal inmates and immigrant detainees. The Women's Refugee Commission found that, disturbingly, the conditions of confinement at Etowah do not meet ICE's OWN detention...