Immigration Law

Recent Posts

New Mayorkas Prosecutorial Discretion Memo (Sept. 30, 2021; eff. Nov. 29, 2021)
Posted on 30 Sep 2021 by Daniel M. Kowalski

DHS, Sept. 30, 2021 "This memorandum provides guidance for the apprehension and removal of noncitizens. ... We will prioritize for apprehension and removal noncitizens who are a threat to our national security, public safety, and border security... Read More

DHS Withdraws Proposed EAD, Biometrics Rules
Posted on 7 May 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 05/10/2021 - "The U.S. Department of Homeland Security (DHS) is withdrawing a notice of proposed rulemaking (NPRM) that published on November 19, 2020. The NPRM proposed to revise... Read More

Tags: proposed rule , cbp , USCIS , DHS , ICE

Court Blocks "Monster" Asylum Rule: Pangea v. DHS
Posted on 9 Jan 2021 by Daniel M. Kowalski

Pangea v. DHS "Defendants the United States Department of Homeland Security (DHS); Pete Gaynor, in his official capacity, if any, as Acting Secretary of DHS; Chad F. Wolf, in his official capacity, if any, as Acting Secretary of DHS; the United... Read More

Tags: cbp , wolf , eoir , USCIS , DHS , ICE , asylum

USCIS Extends Form I-9 Flexibility
Posted on 20 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 19, 2020 "The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification... Read More

Tags: I-9 , USCIS , DHS , ICE

USCIS Rejiggers the Dollars to ICE Numbers
Posted on 8 Dec 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 "The Department of Homeland Security (DHS) is extending the comment period for its November 14, 2019, notice of proposed rulemaking (NPRM or ‘‘proposed rule’’... Read More

Tags: fees , USCIS , ICE

Abrupt USCIS Policy Shift Threatens Sick Kids with Deportation
Posted on 29 Aug 2019 by Daniel M. Kowalski

Walter Ewing, Immigration Impact, Aug. 28, 2019 "Without so much as a formal announcement, the Trump administration sent letters to families of sick children containing a dire warning: leave the country in 33 days or face deportation and a years... Read More

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

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

USCIS, ICE Set Trap for Green Card Applicants in New England
Posted on 15 Aug 2018 by Daniel M. Kowalski

ACLU, Aug. 14, 2018 - "Recently unsealed documents and depositions show the United States Department of Homeland Security (DHS) uses its own regulations – which were designed to protect the families of noncitizens from unnecessary separation... Read More

Tags: USCIS , ICE , Green Card

Habeas Victory in New Jersey: Martinez v. Nielsen
Posted on 8 Aug 2018 by Daniel M. Kowalski

Martinez v. Nielsen - "Mr. and Ms. Martinez began the provisional waiver process in 2016. USCIS scheduled them for an interview on their I-130 application to confirm the bona fides of their marriage. On April 27, 2018, together with their lawyer... Read More

Tags: Martinez , USCIS , ICE , habeas

News Excerpts From the Nov. 15, 2013 Bender’s Immigration Bulletin
Posted on 4 Nov 2013 by LexisNexis Legal Newsroom Staff

Report Faults Procedures for Issuance of NTAs | On October 22, 2013, the Center for Immigrants’ Rights at Pennsylvania State University Law School released a report criticizing various practices related to the issuance of Notices to Appear in... Read More

Not the DREAM Act, but a Temporary End to the Fear of Removal for Some Undocumented Youth
Posted on 21 Jun 2012 by Carrie L. Rosenbaum

By Carrie Rosenbaum On June 15 President Obama announced that the Department of Homeland Security (DHS) would not deport certain undocumented youth who would otherwise be eligible for the DREAM Act. The administration instituted a policy change, but... Read More

Excerpts From the Sept. 1, 2013, Bender’s Immigration Bulletin
Posted on 22 Aug 2013 by LexisNexis Legal Newsroom Staff

Administration Issues Additional Guidance Following Supreme Court’s DOMA Ruling The State Department and Department of Homeland Security issued further guidance in August on the implementation of the Supreme Court’s ruling in United States... Read More

News Excerpts From the Jan. 15, 2016, Bender’s Immigration Bulletin
Posted on 14 Jan 2016 by LexisNexis Legal Newsroom Staff

Funding Bill Imposes Restrictions on VWP, Increases H and L Fees, Makes H-2B Changes The omnibus funding bill enacted in December contained provisions restricting participation in the Visa Waiver Program by applicants who are nationals of or who have... Read More

News Excerpts From the Oct. 1, 2013, Bender’s Immigration Bulletin
Posted on 20 Sep 2013 by LexisNexis Legal Newsroom Staff

ICE Issues New Guidelines on Use of Solitary Confinement in Immigration Detention Centers: On September 4, 2013, U.S. Immigration and Customs Enforcement issued a directive establishing policy and procedures for the placement of detainees in solitary... Read More