Immigration Law

Recent Posts

The Unethical Use of Immigration Status in Civil Matters
Posted on 25 Mar 2014 by Daniel M. Kowalski

"[T]he Washington Supreme Court unanimously adopted a formal Comment to RPC 4.4(a) to provide guidance on the use of immigration status in civil matters. The comment became effective on Sept. 1, 2013. The comment notes that “[i]ssues involving... Read More

When Will Gideon's Trumpet Blow in Immigration Court?
Posted on 19 Dec 2012 by Daniel M. Kowalski

"Fifty years ago, the Supreme Court decided Gideon v. Wainwright, the landmark case that constitutionally guaranteed counsel to defendants in criminal cases in the United States. Together with the Court’s decision three years later in Miranda... Read More

Wa. Ethics Rule Bars Mention of Immigration Status for Coercive Purpose in Civil Cases
Posted on 19 Jul 2013 by Daniel M. Kowalski

"Mentioning an individual's immigration status in court might not seem all that intimidating to a U.S. citizen. But it can deter someone who is undocumented from pursuing a civil claim, or improperly influence a jury, the Washington Supreme Court... Read More

Bring Justice to Immigration Courts (Because Deportation is Different) - Angelo Paparelli
Posted on 30 Apr 2012 by Daniel M. Kowalski

"Because of the legal charade that removal proceedings are "civil" and not "criminal" in nature , that deportation is not "punishment," foreign citizens whose immigration status is challenged at a removal hearing... Read More

Immigration Courts a Legal Paradox: Geoffrey Hoffman
Posted on 5 Sep 2014 by Daniel M. Kowalski

"Many of the paradoxes so ingrained in immigration adjudication can be traced to the central presupposition that removal is a civil versus a criminal proceeding. This largely unquestioned assumption has served to insulate removal proceedings from... Read More

TRAC: Civil Immigration Offenses Account for 80% of Immigration Court Deportation Orders
Posted on 11 Sep 2014 by Daniel M. Kowalski

"Immigration Court judges have ordered 82,878 individuals deported so far this fiscal year, according to the latest data as of the end of August. But in only 16,375 of these cases, about one out of every five, had the government sought the removal... Read More

Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice
Posted on 20 Mar 2013 by Daniel M. Kowalski

"There is a growing consensus that our immigration system is broken. Severe visa backlogs hurt U.S. businesses, undocumented workers are frequently exploited, and record levels of deportations tear families apart. While much energy is now focused... Read More