Immigration Law

Recent Posts

Can the APA's Arbitrary and Capricious Test Save DACA? - Cyrus Mehta
Posted on 30 Jun 2019 by Daniel M. Kowalski

Cyrus Mehta, June 29, 2019 "The Supreme Court announced on June 28, 2019 that it would consider the legality of President Trump’s ending of the Deferred Action for Childhood Arrivals Program. Although federal courts in New York , California... Read More

SCOTUS to Review DACA Recission Cases
Posted on 28 Jun 2019 by Daniel M. Kowalski

From the June 28, 2019 Order List : "18-587 ) DEPT. OF HOMELAND, ET AL. V. REGENTS OF UNIV. OF CA, ET AL. ) 18-588 ) TRUMP, PRESIDENT OF U.S., ET AL. V. NAACP, ET AL. ) 18-589 ) McALEENAN, SEC. OF HOMELAND V. VIDAL, MARTIN J., ET AL. The petition... Read More

Trump’s Travel Ban Faces Fresh Legal Jeopardy
Posted on 28 Mar 2019 by Daniel M. Kowalski

Prof. Robert L. Tsai, Mar. 27, 2019 "At the time of the high court’s ruling, the key question was whether the policy was constitutional as written. But now, more than two years since Trump first issued the ban, the question isn’t simply... Read More

Former Consular Officer: "There Really Is No Waiver" for Muslim Travel Ban
Posted on 6 Feb 2019 by Daniel M. Kowalski

Emami v. Nielsen "[E]xhibits in the complaint ... include a declaration by a former consular officer, Christopher Richardson, Esq., who was employed by the United States Department of State from 2011 to 2018, and most recently as American Citizens... Read More

Expert: Trump's Asylum Ban May Head to Supreme Court
Posted on 21 Nov 2018 by Daniel M. Kowalski

Miriam Jordan, New York Times, Nov. 20, 2018 - "A federal judge on Monday ordered the Trump administration to resume accepting asylum claims from migrants no matter where or how they entered the United States, dealing at least a temporary setback... Read More

Trump Tries to Bypass Lower Courts on DACA
Posted on 6 Nov 2018 by Daniel M. Kowalski

Amy Howe, SCOTUSBlog, Nov. 5, 2018 - "The federal government tonight returned to the Supreme Court , asking it once again to intervene in a dispute over the Trump administration’s decision to end the program known as “Deferred Action... Read More

Trump v. Hawaii Q&A with Expert Law Prof. Stephen W. Yale-Loehr
Posted on 27 Jun 2018 by Daniel M. Kowalski

Forbes, June 27, 2018 - "On June 26, 2018, in a 5-4 decision , the U.S. Supreme Court ruled that the Trump administration’s decision to ban the entry of individuals from a group of primarily Muslim countries was constitutional. The court... Read More

Reflections on 5-4 Travel Ban Decision: Prof. Shoba Sivaprasad Wadhia
Posted on 27 Jun 2018 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia - "The human impact of Travel Ban 3.0 cannot be overstated. The ban has been in full effect since December 4, 2017, because of written orders by the Supreme Court. Well before today’s ruling, America has already... Read More

Supreme Court, 5-4, Upholds Travel Ban: Trump v. Hawaii
Posted on 25 Jun 2018 by Daniel M. Kowalski

Trump v. Hawaii - C.J. Roberts: "By its plain language, §1182(f) grants the President broad discretion to suspend the entry of aliens into the United States. The President lawfully exercised that discretion based on his findings—following... Read More

BREAKING: Supreme Court Won't Hear Trump's DACA Challenge Now
Posted on 26 Feb 2018 by Daniel M. Kowalski

Lydia Wheeler and Rafael Bernal, The Hill, Feb. 26, 2018 - "The Supreme Court on Monday refused to hear the Trump administration's challenge to a lower court ruling temporarily blocking it from winding down the Obama-era Deferred Action for Childhood... Read More

June 28, 2017 DOS Cable on Travel Ban After Supreme Court Order
Posted on 29 Jun 2017 by Daniel M. Kowalski

From Reuters : Date: June 28, 2017 at 7:57:39 PM EDT Subject: (SBU) IMPLEMENTING EXECUTIVE ORDER 13780 FOLLOWING SUPREME COURT RULING -- GUIDANCE TO VISA-ADJUDICATING POSTS From: SECSTATE WASHDC Action: ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE... Read More

Supreme Court Speeds Up Travel Ban Review, Pressure Now on CA4
Posted on 9 Jan 2018 by Daniel M. Kowalski

Lyle Denniston, Jan. 8, 2019 - "Moving with unusual speed, the Supreme Court indicated on Monday that it will take its first look just 11 days from now at the Trump Administration’s new appeal seeking to defend the President’s third immigration... Read More

Ninth Circuit Enjoins Trump Travel Ban 3.0, Stays Injunction Pending Supreme Court Review
Posted on 23 Dec 2017 by Daniel M. Kowalski

Hawaii v. Trump, Dec. 22, 2017 - "For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries from entering the United States or being issued immigrant... Read More

Hawaii Responds in Latest Travel Ban Dispute (Sept. 12, 2017)
Posted on 12 Sep 2017 by Daniel M. Kowalski

Amy Howe, Sept. 12, 2017 - "The state of Hawaii fired back this morning, urging the Supreme Court to stay out of the most recent skirmish in the battle over President Donald Trump’s March 6 executive order, often known as the “travel... Read More