Immigration Law

Recent Posts

What You Should Know About the US Undocumented and Eligible-to-Naturalize Populations
Posted on 9 Aug 2021 by Daniel M. Kowalski

Center for Migration Studies of New York, Aug. 4, 2021 "The Center for Migration Studies of New York (CMS) has released its most recent estimates on the undocumented and eligible-to-naturalize immigrant populations in the United States. CMS estimates... Read More

Making Citizenship an Organizing Principle of the US Immigration System
Posted on 9 Aug 2021 by Daniel M. Kowalski

Donald Kerwin, Robert Warren, Charles Wheeler, June 2, 2021 "This paper proposes that the United States treat naturalization not as the culmination of a long and uncertain individual process, but as an organizing principle of the US immigration... Read More

CADC on Expatriation, APA: Farrell v. Blinken
Posted on 14 Jul 2021 by Daniel M. Kowalski

Farrell v. Blinken "While United States citizenship is one of the most sought after in the world, American citizens sometimes choose to relinquish this privilege and place their allegiance elsewhere. Congress has specified the actions that will... Read More

Split CA10 on Citizenship, American Samoa: Fitisemanu v. US
Posted on 16 Jun 2021 by Daniel M. Kowalski

Fitisemanu v. US "For over a century, the land of American Samoa has been an American territory, but its people have never been considered American citizens. Plaintiffs, three citizens of American Samoa, asked the district court in Utah to upend... Read More

CA5 Denaturalizes Former Salvadoran Military Officer: USA v. Vasquez
Posted on 11 Jun 2021 by Daniel M. Kowalski

USA v. Vasquez "Arnoldo Antonio Vasquez, a former Salvadorian military officer, is now a naturalized American citizen. Based on his role in extrajudicial killings and a subsequent cover-up occurring during armed conflict in El Salvador, the government... Read More

Cyrus Mehta: DOS Guidance on ART is Welcome
Posted on 2 Jun 2021 by Daniel M. Kowalski

Cyrus Mehta, June 2, 2021 "On May 18, 2021, the State Department issued guidance broadening the path for transmission of US citizenship to a child born abroad to married parents. The guidance is reproduced below: Recognizing the advances in... Read More

DOS on U.S. Citizenship Transmission and Assisted Reproductive Technology
Posted on 19 May 2021 by Daniel M. Kowalski

State Department, May 18, 2021 "Recognizing the advances in assisted reproductive technology (ART), the State Department is updating our interpretation and application of Section 301 of the Immigration and Nationality Act (INA), which establishes... Read More

CA9, En Banc, on Derivative Citizenship: Cheneau v. Garland
Posted on 13 May 2021 by Daniel M. Kowalski

Cheneau v. Garland "We voted to rehear this case en banc to consider the requirements for two different pathways by which a child of a naturalized citizen parent can derive U.S. citizenship under former 8 U.S.C. § 1432(a)(5) (1994) (repealed... Read More

Midwife Border Birth Citizenship Victory: Espinoza v. Pompeo
Posted on 25 Mar 2021 by Daniel M. Kowalski

Espinoza v. Pompeo "Plaintiff Roberto J. Espinoza (“Plaintiff”) brings this suit based on the U.S. Department of State’s denial of his application for a U.S. passport. After careful consideration, the Court finds that judgment... Read More

Pursuing Citizenship in the Enforcement Era
Posted on 5 Mar 2021 by Daniel M. Kowalski

Pursuing Citizenship in the Enforcement Era: A Discussion With Author Dr. Ming Hsu Chen "The law says that everyone who is not a citizen is an alien. The social reality, however, is far more complicated. In the fourth installment of our Reimagining... Read More

USCIS Reverts to 2008 Version of Naturalization Civics Test
Posted on 22 Feb 2021 by Daniel M. Kowalski

USCIS Policy Alert, Feb. 22, 2021 - Revising Guidance on Naturalization Civics Educational Requirement USCIS E-Mail, Feb. 22, 2021 - "U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization... Read More

Deported Marine Veteran, Exiled For 12 Years, Sworn In As U.S. Citizen
Posted on 22 Jan 2021 by Daniel M. Kowalski

Kate Morrissey, LA Times, Jan. 16, 2021 "This was a 25-year process for him, and it took a federal lawsuit and six lawyers and many members of Congress to actually get his citizenship, which he is legally entitled to because of his military service... Read More

CA9 to Rehear Cheneau En Banc (Derivative Citizenship)
Posted on 7 Jan 2021 by Daniel M. Kowalski

Cheneau v. Rosen "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion [ Cheneau v. Barr... Read More

Why 'Accidental Americans' Are Desperate to Give Up Their U.S. Citizenship
Posted on 23 Dec 2020 by Daniel M. Kowalski

Vivienne Walt, TIME Magazine, Dec. 23, 2020 "Other than Eritrea, the U.S. is the only country in the world with citizenship tax rules , demanding that all Americans—including anyone born in the U.S.—submit yearly tax filings to the... Read More

Does the New Citizenship Test Lean Right?
Posted on 4 Dec 2020 by Daniel M. Kowalski

Simon Romero, Miriam Jordan, New York Times, Dec. 3, 2020 "The Trump administration is rolling out sweeping changes to the test immigrants must take to become United States citizens, injecting hints of conservative philosophy and making the test... Read More