Immigration Law

Recent Posts

Cert. Pet. Filed in CA5 DAPA Challenge: U.S.A. v. Texas
Posted on 20 Nov 2015 by Daniel M. Kowalski

Petition for Writ of Certiorari - "The Department of Homeland Security has long engaged in “a regular practice * * * known as ‘deferred action,’” in which the Secretary “exercis[es] [his] discretion” to forbear... Read More

Feds Seek Full Court Rehearing in USA v. Texas
Posted on 19 Jul 2016 by Daniel M. Kowalski

Amy Howe, July 18, 2016 - " The filing by Acting Solicitor General Ian Gershengorn acknowledged that it is “exceedingly rare” for the Court to agree to rehear a case. But, the Obama administration emphasized, the Court did precisely that... Read More

Reaction to USA v. Texas Supreme Court Oral Argument
Posted on 19 Apr 2016 by Daniel M. Kowalski

Tuesday, Apr. 19, 2016, Yosemite National Park* Professors, practitioners, bloggers and reporters are reacting to yesterday's Supreme Court oral argument. (Transcript here .) A sample: Will Chief Justice Roberts Give the Administration a... Read More

4-4 Tie at Supreme Court in U.S. v. Texas Blocks DAPA, DACA+
Posted on 23 Jun 2016 by Daniel M. Kowalski

UNITED STATES, ET AL., PETITIONERS v. TEXAS, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT [June 23, 2016] PER CURIAM. The judgment is affirmed by an equally divided Court. [Stand by for commentary... Read More

Supreme Court Oral Argument in U.S. v. Texas Set for April 18, 2016
Posted on 4 Mar 2016 by Daniel M. Kowalski

SCOTUSblog, Mar. 4, 2016 - "Issue: (1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the... Read More

President Obama Delivers a Statement on the Supreme Court's Non-Ruling on Immigration
Posted on 23 Jun 2016 by Daniel M. Kowalski

White House, June 23, 2016 - "[O]one of the reasons why America is such a diverse and inclusive nation is because we’re a nation of immigrants. Our Founders conceived of this country as a refuge for the world. And for more than two centuries... Read More

Cyrus D. Mehta - Preemption of AZ DL Policy Provides Another Basis for Supreme Court to Approve DAPA, Expanded DACA
Posted on 11 Apr 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Apr. 11, 2016 - " Arizona Dream Act Coalition ... provides another basis for the Supreme Court in Texas v. USA to uphold the expanded deferred action programs as part of President Obama’s November 20, 2014 executive actions... Read More

Transcript of USA v. Texas Supreme Court Oral Argument Will Be Posted Here Monday Evening
Posted on 17 Apr 2016 by Daniel M. Kowalski

Your editor will be on the road most of Monday and unable to blog until the evening. For fastest access to the transcript, refresh this link after the oral argument. Dara Lind at has a good 'explainer' about the case here . Read More

Prof. Anil Kalhan on U.S. v. Texas
Posted on 21 Apr 2016 by Daniel M. Kowalski

Prof. Anil Kalhan (Drexel University, Thomas R. Kline School of Law), has written two fascinating and important pieces on the immigration case now pending at the Supreme Court: Ending Judicial Truthiness on Immigration - "When the Supreme Court... Read More

Why 'Lawful Presence' is a Red Herring in USA v. Texas - Prof. Anil Kalhan
Posted on 15 Feb 2016 by Daniel M. Kowalski

Prof. Anil Kalhan, Feb. 12, 2016 - "[T]here is only the illusion of a substantive problem here, because as a matter of law, “unlawful presence” simply does not carry the meaning that Judge Smith [and] the plaintiffs ... ascribe to it... Read More

David Isaacson: An Eventful Thursday for Immigration Law at the Supreme Court: United States v. Texas, Mathis v. United States, and What’s Next
Posted on 28 Jun 2016 by Daniel M. Kowalski

David Isaacson, June 28, 2016 - " On Thursday, June 23, the U.S. Supreme Court issued two decisions of significance to immigration law: a 4-4 affirmance without opinion in United States v. Texas , and a 5-3 decision in Mathis v. United States . The... Read More

AILA Member Talking Points on SCOTUS United States v. Texas Deadlock
Posted on 23 Jun 2016 by Daniel M. Kowalski

AILA Doc. No. 16062336, June 23, 2016 : "While today's split decision sets no Supreme Court precedent, what it does mean is that these important, commonsense policies will remain blocked for now. The fact remains, DAPA and DACA+ are... Read More