Immigration Law

Recent Posts

Court Strikes Down Trump's Second Asylum Ban: CAIR Coalition v. Trump
Posted on 1 Jul 2020 by Daniel M. Kowalski

CAIR Coalition, July 1, 2020 "On Tuesday, Judge Timothy Kelly of the U.S. District Court for the District of Columbia struck down President Trump’s second asylum ban, ending a restrictive policy that had virtually halted asylum at the southern... Read More

Tags: Trump , asylum , border

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

Jeffrey S. Chase on the Need for Transparency...and Boiling the Frog
Posted on 31 Dec 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 30, 2019 "A respected colleague of mine, former Immigration Judge Ilyce Shugall, generously volunteered to take time from her own schedule to travel halfway across the country to San Antonio, TX and observe immigration hearings... Read More

Border Courts Swamped With New Asylum Cases
Posted on 16 Sep 2019 by Daniel M. Kowalski

Andrew R. Calderón, The Marshall Project, Sept. 13, 2019 "Early this year, the Trump administration began forcing thousands of migrants seeking asylum to return to Mexico, to wait there for immigration court hearings that would decide whether... Read More

Supreme Court Allows Feds to Enforce Restrictive Asylum Rule Nationwide
Posted on 12 Sep 2019 by Daniel M. Kowalski

Amy Howe, Sept. 11, 2019 "The Trump administration won a major (if, at least for now, only temporary) victory on immigration today at the Supreme Court. The justices gave the government the go-ahead to enforce a new rule that would bar most immigrants... Read More

Supreme Court Grants Trump Administration Request for Stay: East Bay Sanctuary Covenant
Posted on 11 Sep 2019 by Daniel M. Kowalski

Barr v. East Bay Sanctuary Covenant "The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. The district court’s July 24, 2019 order granting a preliminary injunction and September 9, 2019 order restoring... Read More

Migrant 'Protection' Protocols: A Report from the Front Lines
Posted on 10 Sep 2019 by Daniel M. Kowalski

Prof. Stacy Caplow and Prof. Maryellen Fullerton, Sept. 10, 2019 "The laws and policies protecting refugees and asylum seekers in the United States are under sustained assault. Since 1980, Congress has provided that noncitizens in the United States... Read More

Judge Restores Nationwide Block of New Asylum Rule
Posted on 9 Sep 2019 by Daniel M. Kowalski

Maria Dinzeo, CNS, Sept. 9, 2019 "Citing the need to “maintain uniform immigration policy,” a federal judge on Monday restored a nationwide block of a Justice Department rule that makes asylum seekers ineligible for refugee status unless... Read More

AILA Policy Brief: DHS and DOJ Are Opening Secretive Port Courts Along the Southern Border
Posted on 9 Sep 2019 by Daniel M. Kowalski

AILA, Sept. 6, 2019 "AILA issued a policy brief that shares the little information regarding the DHS and DOJ port courts that has been made publicly available by media reports and elevates the outstanding operational issues of concern that have... Read More

Detained Children Must Have Adequate Food, Hygiene Items: Court
Posted on 16 Aug 2019 by Daniel M. Kowalski

Maura Dolan, Los Angeles Times, Aug. 15, 2019 "In a case that dramatized the plight of children detained at the border, a federal appeals court Thursday upheld an order requiring immigration authorities to provide minors with adequate food, water... Read More

Court Strikes Down Trump Administration Policy Barring Refugees From Asylum
Posted on 2 Aug 2019 by Daniel M. Kowalski

NIJC, Aug. 2, 2019 "The federal District Court for the District of Columbia today ruled in O.A. v. Trump that the Trump Administration cannot bar refugees from asylum for crossing between ports of entry. The suit was brought by the Capital Area... Read More

Asylum 'Metering' Lawsuit Moves Forward
Posted on 31 Jul 2019 by Daniel M. Kowalski

CCR, July 30, 2019 "A federal district court has rejected the government’s second attempt to dismiss a lawsuit challenging the Trump administration's unlawful turnbacks of asylum seekers who present themselves at ports of entry along... Read More

What ‘Metering’ Really Looks Like in South Texas
Posted on 18 Jul 2019 by Daniel M. Kowalski

Stephanie Leutert, Lawfare, July 17, 2019 "Thirty-two Cubans line the international bridge connecting Roma, Texas, with Ciudad Miguel Alemán, Tamaulipas. The Cubans sit one after another on the Mexican side of the bridge, checking their... Read More

Second Lawsuit Filed to Block Trump Asylum Rule
Posted on 17 Jul 2019 by Daniel M. Kowalski

Capital Area Immigrants’ Rights (CAIR) Coalition, July 16, 2019 "The Capital Area Immigrants’ Rights (CAIR) Coalition is proud to be a plaintiff and co-counsel in a new lawsuit challenging President Trump’s rule barring asylum... Read More

Tags: Trump , asylum , border

Trump Attempts to Limit Asylum
Posted on 15 Jul 2019 by Daniel M. Kowalski

Associated Press, July 15, 2019 "The Trump administration on Monday moved to end asylum protections for most Central American migrants in a major escalation of the president's battle to tamp down the number of people crossing the U.S.-Mexico... Read More

Tags: Trump , asylum , border