Immigration Law

Recent Posts

Wolf, Barr on DACA (July 28, 2020)
Posted on 28 Jul 2020 by Daniel M. Kowalski

July 28, 2020 DHS Press Release here . July 28, 2020 memo from Wolf to ICE, CBP and USCIS here . June 30, 2020 letter from Barr to Wolf here . Read More

Tags: Supreme Court , daca , barr , wolf , DHS

Trump: USCIS Will NOT Accept New DACA Applcations
Posted on 28 Jul 2020 by Daniel M. Kowalski

Steve Holland, Reuters, July 28, 2020 "The administration plans to continue its existing policy of not accepting new DACA applicants, a policy in place since 2017, the official told Reuters." Read More

Analysis: DHS v. Thuraissigiam
Posted on 2 Jul 2020 by Daniel M. Kowalski

Aditi Shah, Lawfare, July 2, 2020 "On June 25, the Supreme Court ruled 7-2 that Vijayakumar Thuraissigiam, an asylum-seeker, does not have a constitutional right to habeas corpus review in federal court of his claims that the government violated... Read More

Jeffrey S. Chase: Justices' Asylum Ruling Further Limits Migrant Protections
Posted on 1 Jul 2020 by Daniel M. Kowalski

Jeffrey S. Chase, June 29, 2020 "In Thuraissigiam v. Barr,[1] the U.S. Supreme Court by a 7-2 margin recently rejected a ruling by U.S. Court of Appeals for the Ninth Circuit that the Immigration and Nationality Act's limits on the scope of... Read More

Cyrus Mehta on DACA and Reliance
Posted on 26 Jun 2020 by Daniel M. Kowalski

Cyrus Mehta, June 22, 2020 "On June 18, 2020, the Supreme Court in Department of Homeland Security v. Regents of the University of California ruled that Elaine C. Duke, then-Acting Secretary of the Department of Homeland Security (DHS), violated... Read More

Expert: Trump "Sure to Use" Supreme Court Ruling to Restrict Asylum
Posted on 25 Jun 2020 by Daniel M. Kowalski

Associated Press, June 25, 2020 "The Supreme Court on Thursday strengthened the Trump administration’s ability to deport people seeking asylum without allowing them to make their case to a federal judge. The high court’s 7-2 ruling... Read More

Supreme Court on Habeas, Due Process: DHS v. Thuraissigiam
Posted on 25 Jun 2020 by Daniel M. Kowalski

DHS v. Thuraissigiam "[U]nder our precedents, neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of respondent’s claims, and IIRIRA’s limitations on habeas review are constitutional... Read More

Expert: Trump Won't Have Time to Cancel DACA Before Election
Posted on 19 Jun 2020 by Daniel M. Kowalski

Nina Totenberg, NPR, June 18, 2020 "In a major rebuke to President Trump, the U.S. Supreme Court has blocked the administration's plan to dismantle an Obama-era program that has protected more than 600,000 so-called DREAMers from deportation... Read More

The Supreme Court Rules That Trump’s DACA Rescission Doesn’t Pass Muster
Posted on 18 Jun 2020 by Daniel M. Kowalski

Prof. Peter Margulies, June 18, 2020 "On June 18, the Supreme Court by a 5-4 vote ruled against the Trump administration's attempt to rescind the DACA program. In a narrow opinion by Chief Justice John Roberts based on administrative law doctrine... Read More

Supreme Court: DACA Termination Violated APA!
Posted on 18 Jun 2020 by Daniel M. Kowalski

DHS v. Regents "CHIEF JUSTICE ROBERTS delivered the opinion of the Court, except as to Part IV. In the summer of 2012, the Department of Homeland Security (DHS) announced an immigration program known as Deferred Action for Childhood Arrivals, or... Read More

Tags: Supreme Court , daca , APA , DHS

Cert. Granted: Albence v. Guzman Chavez
Posted on 15 Jun 2020 by Daniel M. Kowalski

Amy Howe, June 15, 2020 - "[I]n Albence v. Guzman Chavez , the justices will decide which provision of immigration law – 8 U.S.C. § 1231 or 8 U.S.C. § 1226 – applies to the detention of a noncitizen who is seeking withholding... Read More

Cert. Granted in Niz-Chavez v. Barr (Stop-Time Rule; Pereira)
Posted on 8 Jun 2020 by Daniel M. Kowalski

Link to the June 8, 2020 Order List here . Link to the SCOTUSblog case page, with all the briefs to date, here . Read More

The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials
Posted on 28 May 2020 by Daniel M. Kowalski

Cyrus D. Mehta and Sonal Sharma, May 28, 2020 "In June 2019, when the Supreme Court handed down a decision in Kisor v Wilkie , it was yet to be seen what impact this decision would have on federal court challenges to H-1B denials. Prior to Kiso... Read More

Jay Willis: The Supreme Court Buys Into Trump's Anti-Immigrant Fearmongering
Posted on 30 Apr 2020 by Daniel M. Kowalski

Jay Willis, Apr. 29, 2020 "Last week, the U.S. Supreme Court cleared the way for the Trump administration to deport more legal permanent residents for criminal convictions that occurred in the distant past. The appalling result in Barton v. Barr... Read More

Prof. Nancy Morawetz: The Illogic and Cruelty of Barton v. Barr
Posted on 23 Apr 2020 by Daniel M. Kowalski

Prof. Nancy Morawetz, Apr. 23, 2020 "Today’s Supreme Court decision in Barton v. Barr (see also here ), is disappointing on many levels. It ignores congressional intent and closes off relief for long term lawful permanent residents (LPRs... Read More