Immigration Law

Recent Posts

Trump Administration Can’t Dodge Central American Child Refugee Claims: S.A. v. Trump
Posted on 11 Dec 2018 by Daniel M. Kowalski

Martin Macias Jr., Courthouse News, Dec. 10, 2018 - "A federal judge on Monday denied the Trump administration’s effort to toss most claims brought by parents of Central American migrant children who said the government unlawfully ended a refugee... Read More

The Ninth Circuit’s Asylum Ban Ruling is a Message to Trump - Peter Margulies
Posted on 10 Dec 2018 by Daniel M. Kowalski

Peter Margulies, Dec. 10, 2018 - "In an important order issued late on Friday, Nov. 7, the U.S. Court of Appeals for the Ninth Circuit denied the government’s request for a stay of the temporary restraining order (TRO) issued by U.S. District... Read More

CA9 on Trump's Asylum Ban: East Bay Sanctuary Covenant v. Trump
Posted on 10 Dec 2018 by Daniel M. Kowalski

East Bay Sanctuary Covenant v. Trump - "The district court issued a temporary restraining order, finding it likely that, first, the rule of decision itself was inconsistent with existing United States law providing that aliens may apply for asylum... Read More

Trump Tipped His Undocumented Golf Club Housekeeper in Cash
Posted on 6 Dec 2018 by Daniel M. Kowalski

Miriam Jordan, New York Times, Dec. 6, 2018 - "During more than five years as a housekeeper at the Trump National Golf Club in Bedminster, N.J., Victorina Morales has made Donald J. Trump’s bed, cleaned his toilet and dusted his crystal golf... Read More

City of Baltimore Sues Trump Administration for Executing Unlawful, Anti-Immigrant ‘Public Charge’ Policy Behind Closed Doors
Posted on 29 Nov 2018 by Daniel M. Kowalski

Democracy Forward, Nov. 28, 2018 - "Today the City of Baltimore filed suit against the Trump Administration for unlawfully and secretly changing the State Department’s definition of “public charge,” a provision in immigration law... Read More

60 Minutes: Border Family Separations Began Earlier, Were Greater in Number than Trump Admits
Posted on 27 Nov 2018 by Daniel M. Kowalski

Scott Pelley, CBS News, Nov. 26, 2018 - "This past week, a federal judge struck down the president's latest immigration order. It's been a chaotic two years on the border as the administration imposed barriers with little consideration of... Read More

Trump is Not King, Cannot Change US Asylum System via Executive Action
Posted on 26 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta, Nov. 26, 2018 - "Donald Trump probably thinks that section 212(f) of the Immigration and Nationality Act (INA) makes him king as far as immigration matters are concerned. As a president with autocratic impulses, INA § 212(f) gives... Read More

Tags: mehta , Trump , asylum

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

TRO Granted: Trump's Asylum Ban Blocked by Federal Court
Posted on 20 Nov 2018 by Daniel M. Kowalski

Washington Post, Nov. 20 2018 - "A federal judge has temporarily blocked the Trump administration from denying asylum to migrants who crossed the southern border illegally, saying the president violated a “clear command” from Congress... Read More

Experts: Trump's Asylum Ban is Illegal
Posted on 12 Nov 2018 by Daniel M. Kowalski

Reuters, Nov. 9, 2018 - "“President Trump’s new asylum ban is illegal. Neither the president nor his cabinet secretaries can override the clear commands of U.S. law, but that’s exactly what they’re trying to do,” Omar... Read More

USCIS Procedural Guidance on Trump's Asylum Ban (Nov. 9, 2018)
Posted on 12 Nov 2018 by Daniel M. Kowalski

USCIS, Nov. 9, 2018 - "This memorandum provides U.S. Citizenship and Immigration Services (USCIS) asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under the Convention... Read More

Tags: caravan , Trump , USCIS , asylum

Barring Asylum Claims: The President Versus the Statute (Peter Margulies)
Posted on 9 Nov 2018 by Daniel M. Kowalski

Peter Margulies, Nov. 9, 2018 - "... The new policy clashes with the INA’s plain meaning. For almost 40 years, Congress has clearly stated that a foreign national who presents herself anywhere on the U.S. border or at a port of entry such as... Read More

Tags: caravan , Trump , asylum , border

Presidential Proclamation and DOJ/DHS Interim Final Rule on Asylum (Nov. 9, 2018)
Posted on 9 Nov 2018 by Daniel M. Kowalski

Nov. 9, 2018 Presidential Proclamation - "... I, DONALD J. TRUMP, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (INA)... Read More

Asylum-Limiting Interim Final Rule May Drop This Week
Posted on 7 Nov 2018 by Daniel M. Kowalski

Dara Lind, Vox, Nov. 6, 2018 - "As soon as this week, the Trump administration is expected to issue a new asylum policy — ostensibly in response to the migrant “caravan” — that could have the effect of barring people who enter... 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