Immigration Law

Recent Posts

Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled from or Were Otherwise Present Within Uganda
Posted on 10 Oct 2022 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 10/12/2022 "This document announces the decision of the Secretary of the Department of Homeland Security (DHS) to direct all flights to the United States carrying persons who... Read More

Tags: ebola , cbp , Uganda

After Years of Tribal Resistance, DHS Finishes its “Virtual Wall” on the Tohono O’odham Nation
Posted on 1 Sep 2022 by Daniel M. Kowalski

Todd Miller, The Border Chronicle, Sept. 1, 2022 "When I come across surveillance towers in the borderlands, I first look to see if there are any communities, towns, or houses in its view. I did this on Monday, on the Tohono O’odham Nation... Read More

Expert: CBP is NOT Handing Out Social Security Numbers to Border Crossers
Posted on 5 Aug 2022 by Daniel M. Kowalski

Josh Kelety, Associated Press, Aug. 3, 2022 "Lara Logan, a former Fox Nation host, recently claimed that U.S. Border Patrol agents are distributing Social Security numbers to immigrants at the border. A video of her comments has circulated widely... Read More

CBP Fails to File NTAs Leading to Large Numbers of Dismissals
Posted on 29 Jul 2022 by Daniel M. Kowalski

TRAC, July 29, 2022 "One out of every six new cases DHS initiates in Immigration Court are now being dismissed because CBP officials are not filing the actual “Notice to Appear” (NTA) with the Court. The latest case-by-case Court records... Read More

Does DHS Have Your Cellphone Data?
Posted on 19 Jul 2022 by Daniel M. Kowalski

Julia Ainsley, NBC News, July 18, 2022 "The Department of Homeland Security has paid millions of dollars since 2017 to purchase, without warrants, cellphone location data from two companies to track the movements of both Americans and foreigners... Read More

Tags: cbp , DHS , ICE , cell phones

Apr. 7, 2022 AILA CBP Meeting Minutes
Posted on 15 Jul 2022 by Daniel M. Kowalski

AILA - AILA CBP OFO Liaison Committee Meeting with U.S. Customs and Border Protection Office of Field Operations (OFO) Thursday, April 7, 2022 Read More

Tags: cbp

CBP Final Rule: USMCA (NAFTA)
Posted on 11 Jul 2022 by Daniel M. Kowalski

Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 "This final rule amends the Department of Homeland Security (DHS) regulations relating to the temporary entry of Canadian and Mexican citizen business persons into the United States by... Read More

Tags: cbp , USMCA , NAFTA , final rule

CBP "Manifesting Fear of Expulsion Under Title 42" Documents (May 21, 2022)
Posted on 28 May 2022 by Daniel M. Kowalski

Here are links to two May 21, 2022 CBP Title 42 guidance documents stemming from the Huisha Huisha v. Mayorkas ( 27 F.4th 718 , CADC 2022) litigation. They went into effect at 12:01 a.m. (EDT) on May 23, 2022. Office of Field Operations memo: Processing... Read More

Tags: cbp , Title 42

CBP on Marijuana
Posted on 11 May 2022 by Daniel M. Kowalski

Sarah Jarvis, Law360, May 10, 2022 "A 2018 U.S. Customs and Border Protection document recently disclosed amid a lawsuit filed by Davis Wright Tremaine LLP [Davis Wright Tremaine LLP v. U.S. Customs and Border Protection, case number 2:19-cv-00334... Read More

Tags: cbp , marijuana

Got Plasma? (CADC on B-1, APA, Zone of Interests)
Posted on 10 May 2022 by Daniel M. Kowalski

CSL Plasma v. CBP "In June 2021, U.S. Customs and Border Protection (“CBP”) announced that aliens seeking to sell blood plasma could no longer enter the United States using “B‑1” business visitor visas. Before this policy... Read More

Tags: cbp , APA , b-1

CBP Moves "Critical Incident" Response Function to OPR
Posted on 10 May 2022 by Daniel M. Kowalski

CBP, May 3, 2022 "... Effective October 1,2022,OPR will assume full responsibility for the critical incident response function utilizing its own assigned personnel. ..." Read More

Tags: cbp

CBP Asks For Input
Posted on 22 Apr 2022 by Daniel M. Kowalski

Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 "U.S. Customs and Border Protection (CBP) is issuing this Request for Information (RFI) to receive input from the public on specific CBP processes, programs, regulations, collections of... Read More

Tags: cbp

Cruelty as Border Policy: The Biden Administration Keeps in Place CBP’s “Consequence Delivery System”
Posted on 24 Mar 2022 by Daniel M. Kowalski

Todd Miller, The Border Chronicle, Mar. 24, 2022 "In June 2021, U.S. Customs and Border Protection issued a guide to determine the effectiveness and cost efficiency of the punishments meted out to unauthorized border-crossers. According to documents... Read More

Tags: Biden , cbp , Trump , border

Court Blocks DHS Enforcement Memo: Arizona v. Biden
Posted on 22 Mar 2022 by Daniel M. Kowalski

Arizona v. Biden "It is hereby ORDERED that: 1. Pursuant to Fed. R. Civ. P. 65(a), Defendants United States Department of Homeland Security, Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, all their... Read More

CBP Memo: Title 42 Exceptions for Ukrainian Nationals (Mar. 11, 2022)
Posted on 18 Mar 2022 by Daniel M. Kowalski

CBP, Mar. 11, 2022 "... The Department of Homeland Security recognizes that the unjustified Russian war of aggression in Ukraine has created a humanitarian crisis. CBP is authorized, consistent with the Title 42 Order, on a case-by-case basis based... Read More

Tags: cbp , Ukraine , Title 42 , border