Immigration Law

Recent Posts

States Sue Trump Over Census Memo
Posted on 27 Jul 2020 by Daniel M. Kowalski

New York Attorney General Letitia James, July 24, 2020 "New York Attorney General Letitia James today led a large coalition of states, cities, and counties in filing a lawsuit against President Donald Trump for attempting to, once again, illegally... Read More

Tags: New York , census , Trump

At The Mercy Of The Courts
Posted on 15 May 2020 by Daniel M. Kowalski

Max Siegelbaum, Mazin Sidahmed, DocumentedNY, Latino USA, May 13, 2020 "... In 2019, we set out to document the fallout from those changes, observing New York City’s immigration courts every single day for three months. When we began reporting... Read More

Letter Charges EOIR With 'Criminal Recklessness' for Keeping Immigration Courts Open
Posted on 25 Mar 2020 by Daniel M. Kowalski

Read this letter dated Mar. 23, 2020 from the Association of Deportation Defense Attorneys to EOIR administrators in New York City. Read More

DHS Punishes NY Over Green Light Law - "Just Irrational"
Posted on 6 Feb 2020 by Daniel M. Kowalski

Caroline Kelly, CNN, Feb. 6, 2020 "The acting secretary of Homeland Security announced on Wednesday that New York state residents can no longer participate in certain Trusted Traveler Programs, including Global Entry, due to provisions in the state's... Read More

ICE Sued Over Courthouse Arrests By NY Attorney General, Brooklyn DA And Advocates
Posted on 26 Sep 2019 by Daniel M. Kowalski

Beth Fertig, WNYC, Sept. 25, 2019 "New York State Attorney General Letitia James, Brooklyn District Attorney Eric Gonzalez and the Legal Aid Society filed two separate federal lawsuits Wednesday against Immigration and Customs Enforcement, accusing... Read More

NY Gov. Cuomo Signs 'Green Light' Bill (S1747B)
Posted on 18 Jun 2019 by Daniel M. Kowalski

Denis Slattery, NY Daily News, June 17, 2019 "Undocumented immigrants will have access to driver’s licenses under a law green-lighted by the Legislature on Monday and signed by Gov. Cuomo hours after he’d tried to tap the brakes on... Read More

Presiding Under Pressure
Posted on 21 May 2019 by Daniel M. Kowalski

Beth Fertig, WNYC, May 21, 2019 "Meet the new judges working in New York City's immigration court under the Trump administration's higher caseload demands and stricter asylum rules." Read More

Unpub. BIA Victory: NY Grand Larceny (Matter of Reyes)
Posted on 3 May 2019 by Daniel M. Kowalski

In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019 , the BIA stated: "[B]ased on a straightforward application of the categorical approach outlined in Taylor and its progeny, we must... Read More

NY Bars ICE Arrests in State Courthouses: Directive (Apr. 17, 2019)
Posted on 20 Apr 2019 by Daniel M. Kowalski

Mallory Moench, Times Union, Apr. 18, 2019 "ICE can no longer arrest undocumented immigrants inside New York courthouses unless they have a warrant signed by a judge. The New York State Office of Court Administration (OCA) signed its new rule change... Read More

ICE Attorneys in Manhattan Use Video to 'Appear' in Immigration Court 20 Blocks Away
Posted on 19 Apr 2019 by Daniel M. Kowalski

Beth Fertig, WNYC, Apr. 18, 2019 "The trip from Federal Plaza to the intersection of Varick and Houston Streets can be done in less than 30 minutes when walking west and taking the uptown 1 train. But for the government’s immigration trial... Read More

Jeffrey S. Chase on R.F.M. v. Nielsen
Posted on 19 Mar 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 19, 2019 "This past Friday, the Department of Homeland Security’s random policy change deeming youths between the ages of 18 and 20 years old ineligible for special immigration protection ran into a brick wall in the... Read More

The "Guerrilla Habeas Team" Combating ICE in New York
Posted on 6 Mar 2019 by Daniel M. Kowalski

Alice Speri, The Intercept, Mar. 5, 2019 "...In New York, as across the country, Trump’s war on immigrants had manifested in an escalation of detention and deportation of undocumented immigrants who had lived in the country sometimes for... Read More

Report: False “Gang Allegations” Deny NY Teens’ Access to Immigration Status and Bond Services
Posted on 19 Feb 2019 by Daniel M. Kowalski

NYIC Feb. 13, 2019 "The New York Civil Liberties Union and the New York Immigration Coalition released a new report today documenting how allegations of gang membership, no matter how vague or flimsy, can lead to the denial of immigration relief... Read More

N.Y. Court of Appeals on Petty Offense, Jury Trial, Immigration Consequences: People v. Suazo
Posted on 28 Nov 2018 by Daniel M. Kowalski

People v. Suazo - "The Sixth Amendment of the United States Constitution guarantees that a defendant will be judged by a jury of peers if charged with a serious crime. Today, as a matter of first impression, we hold that a noncitizen defendant who... Read More

ICE Detainer Litigation Victory in NY: People v. DeMarco
Posted on 15 Nov 2018 by Daniel M. Kowalski

ACLU, Nov. 14, 2018 - "A state appeals court in Brooklyn ruled today definitively, and for the first time, that it is illegal under state law for local law enforcement agencies in New York to make immigration arrests at the request of federal immigration... Read More

Tags: New York , ACLU , detainers , ICE