Immigration Law

Recent Posts

DOJ's China Initiative v. AASF: A Political Awakening
Posted on 16 Aug 2021 by Daniel M. Kowalski

Karin Fischer, latitude(s), Aug. 16, 2021 "The China Initiative, the Justice Department’s sweeping investigation of economic and academic espionage, has spawned new activism and advocacy among Chinese and Chinese-American professors, who... Read More

DOJ Complaint Against Facebook Chills Ability to Sponsor Workers for Green Cards: Cyrus Mehta
Posted on 7 Dec 2020 by Daniel M. Kowalski

Cyrus Mehta, Dec. 7, 2020 "The Department of Justice’s complaint claiming that Facebook discriminated against US workers even when it followed DOL regulations for sponsoring foreign national workers is troubling. It renders every employer... Read More

Advance Copy of DOJ Interim Final Rule: Processes and Procedures for Issuance and Use of Guidance Documents
Posted on 6 Oct 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 10/07/2020 "This rule sets forth the Department’s processes and procedures governing the review, clearance, and issuance of guidance documents and codifies existing Department... Read More

DOJ OIG Audit Slams EOIR
Posted on 10 Jun 2020 by Daniel M. Kowalski

DOJ OIG, June 2020 "We found weaknesses in EOIR's budget planning process, and identified three factors that contributed to these weaknesses. First, EOIR leadership failed to coordinate effectively with its budget staff and with the JMD on... Read More

Justice For Sale? DOJ Offered Buyouts to Pre-Trump BIA Members
Posted on 28 May 2020 by Daniel M. Kowalski

Tanvi Misra, Roll Call, May 27, 2020 "The Justice Department offered buyouts to pre-Trump administration career members on its influential immigration appeals board as part of an ongoing effort to restructure the immigration court system with new... Read More

FLRA Decertification Materials
Posted on 27 Apr 2020 by Daniel M. Kowalski

As many of you know, DOJ is attempting to decertify the Immigration Judges' union, on the theory that IJs are management. This argument failed twenty years ago, but DOJ is at it again. The case is currently pending before the Federal Labor Relations... Read More

DOJ Tries to Silence the Voice of the Immigration Judges - Again!
Posted on 24 Apr 2020 by Daniel M. Kowalski

Judge Amiena Khan and Judge Dorothy Harbeck, The Federal Lawyer, March/April 2020 "In August 2019, the Department of Justice (DOJ), in a veiled attempt to silence the voice of the immigration judges (IJs), filed a petition with the Federal Labor... Read More

MPP Hearings Postponed Again
Posted on 1 Apr 2020 by Daniel M. Kowalski

DHS/DOJ, Apr. 1, 2020 "Due to continued circumstances related to COVID-19 and newly-issued guidance from the Centers for Disease Control and Prevention, the Departments of Justice and Homeland Security have determined to extend the temporary postponement... Read More

DOJ Creates Denaturalization Section
Posted on 26 Feb 2020 by Daniel M. Kowalski

DOJ, Feb. 26, 2020 "The Department of Justice today announced the creation of a section dedicated to investigating and litigating revocation of naturalization. The Denaturalization Section will join the existing sections within the Civil Division’s... Read More

Proposed Asylum Rule: Bars and Procedures
Posted on 19 Dec 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 "The Department of Justice and the Department of Homeland Security (collectively, ‘‘the Departments’’) propose to amend their respective regulations governing... Read More

DOJ Proposed Rule: DNA-Sample Collection from Immigration Detainees
Posted on 22 Oct 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 "The Department of Justice is proposing to amend regulations that require DNA-sample collection from individuals who are arrested, facing charges, or convicted, and from non-United... Read More

Public (Including Media) Denied Access to Border Courts
Posted on 11 Sep 2019 by Daniel M. Kowalski

Adolfo Flores, BuzzFeed News, Sept. 11, 2019 "Tent border courts for asylum-seekers forced to return to Mexico under a Trump administration policy have opened for hearings Wednesday in Laredo, Texas — but few got to see inside as the public... Read More

EOIR Interim Rule (Aug. 26, 2019)
Posted on 25 Aug 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 165 / Monday, August 26, 2019 "This interim rule amends the regulations related to the internal organization of the Executive Office for Immigration Review (‘‘EOIR’’). This interim rule reflects... Read More

Jeffrey S. Chase: DOJ's Latest Effort to Undermine an Impartial Immigration Bench
Posted on 23 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 22, 2019 The following article first appeared on the online legal news service Law360. Thanks to editor Lisa Gomberg for inviting me to contribute my views on this topic. "On Aug. 9, the U.S. Department of Justice filed... Read More

DOJ Error Sends Anti-Semitic, White Nationalist 'News' to EOIR Staff, Judges
Posted on 22 Aug 2019 by Daniel M. Kowalski

Hamed Aleaziz, BuzzFeed News, Aug. 22, 2019 "An email sent from the Justice Department to all immigration court employees this week included a link to an article posted on a white nationalist website that “ directly attacks sitting immigration... Read More