Immigration Law

Recent Posts

Profiling Who ICE Detains - Few Committed Any Crime
Posted on 10 Oct 2018 by Daniel M. Kowalski

TRAC, Oct. 9, 2018 - "The vast majority (58%) of individuals in ICE custody June 30 had no criminal record. An even larger proportion—four out of five—either had no record, or had only committed a minor offense such as a traffic violation... Read More

The Prosecutor's Role in the Current Immigration Landscape
Posted on 19 Feb 2018 by Daniel M. Kowalski

Hillary Blout, Rose Cahn, and Miriam Aroni Krinsky, Criminal Justice magazine, Winter 2018 - "The United States Supreme Court has held that criminal defense counsel is constitutionally obligated to advise noncitizen defendants about the immigration... Read More

Deconstructing the Myth of the Criminal Immigrant - Cyrus D. Mehta
Posted on 23 Jul 2016 by Daniel M. Kowalski

Cyrus D. Mehta, July 23, 2016 - "Donald Trump began his presidential campaign last year by accusing Mexican immigrants who cross the border as being criminals and rapists, and ended with the same sentiment in his acceptance speech of the Republican... Read More

Tags: mehta , Trump , criminal

Immigration Now 52 Percent of All Federal Criminal Prosecutions - TRAC
Posted on 28 Nov 2016 by Daniel M. Kowalski

TRAC, Nov. 28, 2016 - "Immigration remains the major focus of federal criminal enforcement efforts. The latest available data show that criminal prosecutions for illegal entry, illegal re-entry, and similar immigration violations made up 52 percent... Read More

Free Webinar Tuesday October 1, 2013 - Criminalizing Migration: Excessive Prosecution and Punishment
Posted on 21 Sep 2013 by Daniel M. Kowalski

"Human Rights Watch, the Immigrant Justice Network, and the National Immigrant Justice Center invite you to join a free webinar on Tuesday, October 1, 2013, from 2 – 3:30 PM EST (1 – 2:30 PM CST) to learn more about the skyrocketing increase... Read More

'Padilla' Advisal Added to Fed. R. Crim. P. 11(b)(1)
Posted on 27 Nov 2013 by Daniel M. Kowalski

"Effective December 1, 2013, an amendment to Rule 11(b)(1) takes effect that requires a [federal district court] judge, during a plea colloquy, to inform the defendant and ensure that he understands that "if convicted, a defendant who is not... Read More

Nature of Charge in New Filings Seeking Removal Orders through August 2013: TRAC
Posted on 12 Sep 2013 by Daniel M. Kowalski

"Only a small proportion of the filings in the Immigration Courts seeking to deport noncitizens have been based on alleged criminal activity." - TRAC, Sept. 2013 . Read More

Cal. Sup. Ct. on Immigration Advisement in Criminal Cases: People v. Martinez
Posted on 9 Aug 2013 by Daniel M. Kowalski

"[Cal.] Penal Code section 1016.5 requires that before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the offense may... 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

How many criminals is ICE really deporting?
Posted on 23 Dec 2011 by Daniel M. Kowalski

The Obama administration says it is deporting a record number of criminals. The truth, however, is more complicated — and the administration’s rhetoric may be influenced by the political tightrope it’s walking as it tries simultaneously... 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

ICE Targets Fewer Criminals in Deportation Proceedings
Posted on 6 Dec 2011 by Daniel M. Kowalski

"In deportation proceedings initiated during July - September 2011 by the Immigration and Customs Enforcement (ICE) in the nation's 50 plus Immigration Courts, only 7,378 individuals — just 13.8 percent of the total — were charged... Read More

ICE Sweeps Aimed at Criminals Deport Many With No Record
Posted on 8 Feb 2014 by Daniel M. Kowalski

"More than 40 percent of the immigrants deported from Maryland under a sweeping federal program called Secure Communities have no prior criminal record — a percentage that puts the state among the top five in the nation for such deportations... 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