Immigration Law

Recent Posts

Report: Citizenship Delayed: Civil Rights and Voting Rights Implications in the Backlog in Citizenship and Naturalization Applications
Posted on 13 Sep 2019 by Daniel M. Kowalski

USCCR, Sept. 12, 2019 "The Colorado Advisory Committee to the U.S. Commission on Civil Rights released its report, Citizenship Delayed: Civil Rights and Voting Rights Implications of the Backlog in Citizenship and Naturalization Applications .... Read More

CA3 Derivative Citizenship Victory: Tineo v. Atty. Gen.
Posted on 4 Sep 2019 by Daniel M. Kowalski

Tineo v. Atty. Gen. "In plain terms, we are called to decide whether precluding a father from ever having his born-out-of-wedlock child derive citizenship through him can be squared with the equal-protection mandate of the Due Process Clause of... Read More

USCIS to Tighten 'Residence' Definition for Citizenship
Posted on 28 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 28, 2019 SUBJECT: Defining “Residence” in Statutory Provisions Related to Citizenship Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address requirements... Read More

Schroedinger's Citizen
Posted on 5 Aug 2019 by Daniel M. Kowalski

Prof. Jacqueline Stevens, Aug. 5, 2019 "On July 8, 2019, the State Department announced that a deported alien was a U.S. citizen and they were going to produce a U.S. passport for him. ... " Read More

Ross' Rationale for Census Citizenship Question 'Contrived' - SC Remands Case
Posted on 27 Jun 2019 by Daniel M. Kowalski

Dept. of Commerce v. New York "Altogether, the evidence tells a story that does not match the explanation the Secretary gave for his decision. In the Secretary’s telling, Commerce was simply acting on a routine data request from another agency... Read More

Naturalization Catalysts: Report
Posted on 16 May 2019 by Daniel M. Kowalski

Raph Majma, Lindsey Wagner, Sabrina Fonseca, May 9, 2019 "Several months ago, our team set out to learn more about the variables that affect naturalization decisions. The number of presumed eligible to naturalize lawful permanent residents in the... Read More

Denver Mayor Seeks Guidance from DOJ on Citizenship Denials, Marijuana
Posted on 11 Apr 2019 by Daniel M. Kowalski

At least two Colorado LPRs were denied naturalization "solely because of their cannabis industry employment." Denver Mayor Michael B. Hancock wrote this letter dated April 3, 2019 to Attorney General Barr asking for "formal guidance from... Read More

Muthana v. Pompeo Lawsuit Filed (Birthright Citizenship)
Posted on 22 Feb 2019 by Daniel M. Kowalski

Muthana v. Pompeo, filed Feb. 21, 2019 Statement Regarding Representation of Ahmed Ali Muthana Read More

Experts Unpack the Hoda Muthana Birthright Citizenship Case
Posted on 21 Feb 2019 by Daniel M. Kowalski

Cornell Law professor Stephen W. Yale-Loehr is quoted on CNN : "Stephen Yale-Loehr, an immigration lawyer and Cornell University professor, said that the situation is "not clear-cut." "It would depend on the facts, if the State Department... Read More

Citizenship Question for 2020 Census Violates APA - NY v. Dept. of Commerce
Posted on 15 Jan 2019 by Daniel M. Kowalski

NY v. Dept. of Commerce "[T]he Court concludes on the merits that Secretary Ross violated the APA in multiple independent ways. Most blatantly, Secretary Ross ignored, and violated, a statute that requires him, in circumstances like those here... Read More

Census Citizenship Question Triggers Legal and Political Fallout
Posted on 2 Nov 2018 by Daniel M. Kowalski

Muzaffar Chishti and Jessica Bolter, MPI, Oct. 24, 2018 - "As the timeline for launching the 2020 decennial census approaches fast, legal and political controversy surrounds the Trump administration’s inclusion of a question on citizenship... Read More

A Citizenship Expert Writes to President Trump
Posted on 30 Oct 2018 by Daniel M. Kowalski

In the wake of President Trump's statement that he believes he can end 14th amendment birthright citizenship via Executive Order, citizenship expert attorney Kathrin S. Mautino wrote this letter to the President. [Note also this 2006 article on... Read More

CA2 on Derivative Citizenship: Khalid v. Sessions
Posted on 14 Sep 2018 by Daniel M. Kowalski

Khalid v. Sessions - "Petitioner Mohammed Hassan Faizan Khalid petitions for review of a September 14, 2016, decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) order of removal. The Department of Homeland... Read More

Americans Stripped of Passports by State Department
Posted on 30 Aug 2018 by Daniel M. Kowalski

Kevin Seiff, Washington Post, Aug. 29, 2018 - "The Trump administration is accusing hundreds, and possibly thousands, of Hispanics along the border of using fraudulent birth certificates since they were babies, and it is undertaking a widespread... Read More

Cyrus Mehta on Artificial Reproductive Technology and Transmission of American Citizenship: Is There Any Need For A Biological Link After Jaen v. Sessions?
Posted on 27 Aug 2018 by Daniel M. Kowalski

Cyrus Mehta, Aug. 27, 2018 - "When a child is born abroad to a US citizen parent, the Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) has always insisted on a biological relationship with a US citizen parent in order... Read More