Immigration Law

Recent Posts

A Pastor’s Legal Fight Against CBP Exposes a Reckless Surveillance Operation
Posted on 7 Mar 2022 by Daniel M. Kowalski

Ryan Devereaux, The Intercept, Mar. 6, 2022 "A quiet drama unfolding at the intersection of faith, surveillance, and borders, Kaji Dousa’s experience that night in San Diego began a legal fight that continues to this day. As she would later... Read More

Tags: cbp , asylum

CBP Ends "Metering" at Border
Posted on 6 Nov 2021 by Daniel M. Kowalski

CBP, Nov. 1, 2021 - Guidance for Management and Processing of Undocumented Noncitizens at Southwest Border Land Ports of Entry "This memorandum provides updated guidance for the management and processing of noncitizens who, without proper documents... Read More

Tags: cbp , metering , DHS , asylum

CRS on "Metering" by CBP
Posted on 18 Oct 2021 by Daniel M. Kowalski

Hillel R. Smith, CRS, "The Department of Homeland Security’s “Metering” Policy: Legal Issues" - Oct. 15, 2021 "Generally, a non-U.S. national (alien, as the term is used in the Immigration and Nationality Act [INA])... Read More

Tags: cbp , metering , asylum

Court Blocks "Monster" Asylum Rule: Pangea v. DHS
Posted on 9 Jan 2021 by Daniel M. Kowalski

Pangea v. DHS "Defendants the United States Department of Homeland Security (DHS); Pete Gaynor, in his official capacity, if any, as Acting Secretary of DHS; Chad F. Wolf, in his official capacity, if any, as Acting Secretary of DHS; the United... Read More

Tags: cbp , wolf , eoir , USCIS , DHS , ICE , asylum

Judge to CBP: "Poppycock!"
Posted on 2 Sep 2020 by Daniel M. Kowalski

A.B.-B. v. Morgan - Motion for Preliminary Injunction Granted ; CBP enjoined from conducting credible fear interviews. Read More

He Won, But Was Deported Anyway
Posted on 10 Jan 2020 by Daniel M. Kowalski

Joel Rose, NPR, Jan. 9, 2020 "The judge granted Jesus withholding of removal, a form of protection from deportation. In other words, he won — something that very few migrants at the border can say these days. Jesus thought he might finally... Read More

CBP Issues Fake Court Date Notices to Keep Out Asylum Winners
Posted on 12 Dec 2019 by Daniel M. Kowalski

Hamed Aleaziz, BuzzFeed News, Dec. 10, 2019 "On a November day, just south of the Texas border, Francisco left the temporary shelter he’d been stuck in for four months to travel to a nearby port of entry in the US. Francisco was one of... Read More

Why Border Patrol Agents and CBP Officers Should Not Serve as Asylum Officers
Posted on 26 Jun 2019 by Daniel M. Kowalski

Josiah Heyman, Jeremy Slack, and Daniel E. Martínez, June 21, 2019 "United States Border Patrol agent Matthew Bowen allegedly hit an undocumented migrant with his truck in November 2017. In preparation for trial, federal prosecutors revealed... Read More

TRAC: Feds 'Flying Blind' on Asylum...And Blinding the Watchers
Posted on 24 Apr 2019 by Daniel M. Kowalski

TRAC, Apr. 23, 2019 "... It appears that the government itself does not actually know what happens to those it arrests at the border. It admits it lacks the ability to reliably follow cases when they pass from one agency of DHS to another - such... Read More

Asylum Processing and Waitlists at the U.S.-Mexico Border (Dec. 2018)
Posted on 11 Dec 2018 by Daniel M. Kowalski

Robert Strauss Center, Center for U.S.-Mexican Studies, Migration Policy Centre, December 2018 "For more than two years, CBP has implemented "metering" procedures for asylum seekers in multiple ports of entry across the U.S.-Mexico border... Read More

Federal Judge Rules Suit Challenging CBP’s Turnaways of Asylum Seekers at the Border Can Proceed
Posted on 27 Aug 2018 by Daniel M. Kowalski

CCR, Aug. 24, 2018 - "A federal judge ruled this week that a lawsuit challenging U.S. Customs and Border Protection’s (CBP) practice of turning away asylum seekers at the U.S.-Mexico border can proceed. The lawsuit was brought by the Los Angeles... Read More

Tags: cbp , lawsuit , asylum , border

The Use of Coercion by U.S. DHS Officials Against Parents Who Were Forcibly Separated From Their Children
Posted on 24 Aug 2018 by Daniel M. Kowalski

American Immigration Council and AILA | August 23, 2018 - "This complaint contains 13 pseudonymized case examples and original testimony from parents who were separated from their children that show a pervasive, illegal practice by DHS officials... Read More

Crossing the Line: U.S. Border Agents Illegally Reject Asylum Seekers
Posted on 4 May 2017 by Daniel M. Kowalski

HRF, May 2017 - "The U.S. government is illegally turning away asylum seekers at official land crossings all along the southern border. Border agents must refer a person seeking asylum or expressing a fear of persecution to a protection screening... Read More

Public Records Show CBP-Created 'Statements' Not Reliable - AILA Amicus Brief
Posted on 15 Jun 2015 by Daniel M. Kowalski

"AILA filed an amicus brief in a case arising from an asylum grant in Artesia. The DHS appealed the grant arguing that the respondent was not credible because her merits testimony contradicted prior border statements and credible fear statements... Read More

Feds Turn Away Asylum-Seekers at Border: Complaint
Posted on 17 Jan 2017 by Daniel M. Kowalski

Joshua Partlow, Washington Post, Jan. 16, 2017 - "“This is happening on a daily basis,” said Kathryn Shepherd, a lawyer with the American Immigration Council, a Washington-based advocacy group, who says she has testimony from dozens of... Read More

Tags: cbp , complaint , asylum , border