Immigration Law

Recent Posts

ICE Officials Knew Dollar/Day Wages Lacked Congressional Authorization
Posted on 22 Jun 2020 by Daniel M. Kowalski

Jacqueline Stevens, June 22, 2020 E-mail ICE Fought to Keep Secret for Six Years May Clinch Minimum Wage Claims against Private Prisons "For the last ten years I've been conducting research on the history and legality of Immigration and Customs... 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

Lawsuit Filed Over 'Remain in Mexico' Program Secrecy
Posted on 15 May 2020 by Daniel M. Kowalski

American Immigration Council, American Immigration Lawyers Association (AILA), Human Rights Watch (HRW), Winston & Strawn LLP, May 14, 2020 "The American Immigration Council, the American Immigration Lawyers Association (AILA), Human Rights... Read More

TRAC Sues DOJ for Failure to Comply with FOIA
Posted on 11 Mar 2020 by Daniel M. Kowalski

TRAC, Mar. 11, 2020 For Immediate Release: March 11, 2020 Contact: Susan B. Long, TRAC (315) 443-3563 David Burnham, TRAC (315) 443-3563 David L. Sobel (202) 246-6180 Full Text of Complaint Help Support TRAC's FOIA... Read More

Tags: FOIA , TRAC

'Fugitive’ FOIA Victory by Colo. ACLU Against ICE
Posted on 27 Dec 2019 by Daniel M. Kowalski

On December 16, 2019 Colorado Federal District Court Judge William J. Martinez issued a permanent injunction blocking ICE from alleging “fugitive” status as a 7(A) FOIA exemption. The lawsuit was filed in 2016 by Colorado immigration attorney... Read More

Tags: ACLU , FOIA , ICE

Class Certified in A-File FOIA Lawsuit: Nightingale v. USCIS
Posted on 15 Oct 2019 by Daniel M. Kowalski

AIC, Oct. 15, 2019 "Today, a federal court in San Francisco certified two nationwide classes of immigrants and attorneys claiming that U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement have a systemic pattern... Read More

FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process
Posted on 4 Oct 2019 by Daniel M. Kowalski

American Immigration Council v. U.S. Customs and Border Protection et. al., No. 1:19-cv-02965 (D.D.C filed Oct. 2, 2019) "This Freedom of Information Act (FOIA) lawsuit seeks to uncover information about the government’s... Read More

Documents Reveal USCIS Policies to Restrict Visas
Posted on 23 Sep 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Sept. 19, 2019 "New government documents reveal the increase in denials and Requests for Evidence for H-1B petitions are part of an effort by U.S. Citizenship and Immigration Services (USCIS) to achieve desired results... Read More

Tags: H-1B , FOIA , aila , USCIS

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays
Posted on 20 Jun 2019 by Daniel M. Kowalski

AIC, June 19, 2019 "Under the Freedom of Information Act (FOIA), individuals must receive a determination on requests for information within a maximum of 30 days. However, individuals and attorneys who file FOIAs with the United States Citizenship... Read More

Tags: FOIA , USCIS , ICE

How the BIA Works
Posted on 25 Apr 2019 by Daniel M. Kowalski

See attorney Matthew Hoppock's Twitter feed and his blog for the results of his FOIA requests revealing fascinating internal BIA documents. Read More

Tags: bia , hoppock , FOIA

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

New FOIA Release - Butler County ICE Detainees Paid in Coffee Packets, ICE Punishes Hunger Strikers in Tacoma
Posted on 27 Mar 2019 by Daniel M. Kowalski

Prof. Jacqueline Stevens, Mar. 25, 2019 "Attorneys have been suing private prisons for their exploitation of people in custody under immigration laws, a phenomenon that has been receiving increasing coverage by the mainstream media . But county... Read More

Immigration Agencies Communicated Prior to Arrest of Sanctuary Leader
Posted on 27 Mar 2019 by Daniel M. Kowalski

Tina Vasquez, Rewire.News, Mar. 25, 2019 "Documents obtained by Rewire.News through a Freedom of Information Act (FOIA) request show that immigration enforcement officials reached out to the federal agency tasked with naturalizations and immigration... Read More

Lawsuit: Standards for Avoiding Deportation Cannot Be Shrouded in Secrecy
Posted on 2 Mar 2019 by Daniel M. Kowalski

AIC, Feb. 28, 2019 "In July and November of 2018, the American Immigration Council, along with the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin Cardozo School of Law, filed two requests under the Freedom of Information Act (FOIA... Read More