Immigration Law

Recent Posts

Expert: "Broken Immigration System" Triggers Litigation Avalanche
Posted on 5 May 2022 by Daniel M. Kowalski

Jasmine Aguilera, TIME Magazine, May 4, 2022 "In recent years, liberal and conservative attorneys general, nonprofit organizations, and individual plaintiffs have filed an avalanche of immigration-related suits in federal courts, resulting in a... Read More

JAC’s New Litigation Tracker Follows States’ Legal Efforts to Uphold Trump-Era Immigration Policies
Posted on 16 Mar 2022 by Daniel M. Kowalski

Justice Action Center, Mar. 15, 2022 "Justice Action Center (JAC) launched a litigation tracker microsite that follows states’ legal challenges to inclusive federal immigration policies. Since President Biden took office, states like Texas... Read More

Immigration Lawsuits and the APA: The Basics of a District Court Action
Posted on 23 Sep 2021 by Daniel M. Kowalski

NILA, AIC PRACTICE ADVISORY, September 22, 2021 "The Administrative Procedure Act (APA) is a federal statute that regulates federal agency action in a number of ways. Relevant here, the judicial review provisions of the APA, 5 U.S.C. § 701... Read More

ABIL Files Amicus Brief in ILRC v. Wolf
Posted on 9 Sep 2020 by Daniel M. Kowalski

On Sept. 9, 2020 Angelo A. Paparelli , on behalf of ABIL , filed this amicus brief in ILRC v. Wolf. Angelo writes: "The brief attacks as unlawful under the Homeland Security Act any expenditures by USCIS from the Immigration Examinations Fee Account... Read More

The Role of Federal Courts in Coronavirus-Related Immigration Detention Litigation
Posted on 2 Jul 2020 by Daniel M. Kowalski

Aditi Shah, June 29, 2020 "From the outset, the coronavirus pandemic posed a unique and immediate threat to incarcerated people—including noncitizens in civil immigration detention. As the pandemic goes on, lawsuits have proliferated across... Read More

Ongoing Litigation Over Migrants' Release Amid COVID-19
Posted on 29 Apr 2020 by Daniel M. Kowalski

Kim Langona, Apr. 27, 2020 - A detailed description of federal court litigation in all states and DC, updated as of 4-27-20. Read More

DHS Litigation Final Rule: Service of Process
Posted on 23 Apr 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 "The Department of Homeland Security (DHS) is revising procedural requirements in regulations related to service of process of summonses, complaints, and subpoenas. DATES: This final... Read More

Ongoing Immigration Detention Litigation Amid COVID-19
Posted on 6 Apr 2020 by Daniel M. Kowalski

Kim Langona, Apr. 3, 2020 "On March 11, 2020, the World Health Organization officially declared COVID-19 a global pandemic. Two days later, President Trump declared a national emergency over the COVID-19 outbreak. To date, the Centers for Disease... Read More

Ethical Dimensions to Federal Court Litigation in Immigration Matters
Posted on 21 Jan 2020 by Daniel M. Kowalski

Cyrus Mehta, Jan. 21, 2020 "In light of the higher possibility of denials of routine H-1B and L-1 petitions, immigration lawyers may want to consider stepping out of their comfort zones. They should consider thinking about representing the client... Read More

Expert: High-Profile Immigration Litigation Skyrockets (Law360)
Posted on 20 Dec 2019 by Daniel M. Kowalski

Suzanne Monyak, Law360, Dec. 19, 2019 "This year saw a number of key federal court rulings on the Trump administration’s immigration agenda, with some judges giving the president's restrictionist policies the green light and others halting... Read More

Litigating Against the 'Invisible Wall'
Posted on 2 Dec 2019 by Daniel M. Kowalski

Senior Data Journalist Sinduja Rangarajan has three must-read posts: How I Tracked an Explosion in Lawsuits Against Trump’s Immigration Policies - Mother Jones, Dec. 2, 2019 Building a Wall Out of Red Tape - Reveal, Nov. 30, 2019 Trump Has... Read More

BIBcast with Kathrin S. Mautino!
Posted on 21 Jun 2019 by Daniel M. Kowalski

San Diego superstar Kathrin S. Mautino discovers hidden gems among "old" BIA cases that can help you solve today's knotty litigation problems. Listen to the audio here . Read More

Angelo A. Paparelli on Immigration Litigation: "Sue the Miscreants!"
Posted on 6 Mar 2019 by Daniel M. Kowalski

Angelo A. Paparelli, Mar. 4, 2019 "Much digital ink has already been spilled reporting on the phantom tide of undocumented migrants supposedly breaching our Southern border. This article will address a different, but very-real immigration flood... Read More

#Visagate2015 May Spawn Litigation
Posted on 28 Sep 2015 by Daniel M. Kowalski

On Sept. 9, 2015 the State Department published the October 2015 Visa Bulletin with a new "Dates for Filing Applications" feature enabling some on the backlogged waiting lists to file 'early' for adjustment of status. But on Sept. 25th... Read More

DHS Statements on Entry of LPRs, Court Orders, EOs (Jan. 29, 2017)
Posted on 30 Jan 2017 by Daniel M. Kowalski

1. Statement By Secretary John Kelly On The Entry Of Lawful Permanent Residents Into The United States - "In applying the provisions of the president's executive order, I hereby deem the entry of lawful permanent residents to be in the national... Read More