Immigration Law

Recent Posts

DACA Form I-9 News (Jan. 4, 2021)
Posted on 5 Jan 2021 by Daniel M. Kowalski

USCIS, Jan. 4, 2021 - Completing Form I-9 for Employees with Extended Work Authorization under DACA "When completing Form I-9, employees may choose to present their unexpired Form I-766, Employment Authorization Document (EAD) with Category code... Read More

Tags: daca , I-9

MALDEF Sues ExxonMobil Over DACA Policy
Posted on 28 Dec 2020 by Daniel M. Kowalski

MALDEF, Dec. 28, 2020 "ExxonMobil unlawfully denied a DACA recipient a job based on his immigration status, according to a class-action lawsuit filed last Thursday in federal court. MALDEF (Mexican American Legal Defense and Educational Fund... Read More

Expert: Texas DACA Challenge Could Drag On
Posted on 17 Dec 2020 by Daniel M. Kowalski

Dianne Solis, Dallas Morning News, Dec. 11, 2020 "DACA still faces a huge challenge: On Dec. 22, a federal judge is scheduled to hold a hearing on its legality in a case brought by the state of Texas. The hearing before U.S. District Judge Andrew... Read More

DHS Will Comply With DACA Court Order
Posted on 8 Dec 2020 by Daniel M. Kowalski

DHS, Dec. 7, 2020 "On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum signed by Acting Secretary Chad F. Wolf. On December... Read More

Tags: daca

Expert: DACA Will Survive
Posted on 7 Dec 2020 by Daniel M. Kowalski

Miriam Jordan, Michael D. Shear, New York Times, Dec. 6, 2020 " Michael A. Olivas, a DACA scholar , said he believed the program would survive, at least for several more years. “The Texas challenge is lurking, but the program is safe,”... Read More

Tags: daca , olivas , DREAM Act

DACA Restored!
Posted on 7 Dec 2020 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia, Dec. 6, 2020 "DACA or Deferred Action for Childhood Arrivals is a policy announced in 2012 and over the last eight years has enabled more than 800,000 people who entered the United States before the age of 16, are... Read More

Tags: daca

DACA Victory! - Batalla Vidal v. Wolf
Posted on 7 Dec 2020 by Daniel M. Kowalski

Batalla Vidal v. Wolf "Under the Administrative Procedure Act ("APA"), a "reviewing court shall ... hold unlawful and set aside agency actions, findings, and conclusions found to be . . . in excess of statutory jurisdiction, authority... Read More

Tags: daca

Breaking on Saturday: Court Says Wolf Lacked Authority to Suspend DACA
Posted on 14 Nov 2020 by Daniel M. Kowalski

Batalla Vidal v. Wolf, Nov. 14, 2020 "On July 28, 2020, Defendant Chad F. Wolf issued a memorandum that effectively suspended DACA ... the court holds that Mr. Wolf was not lawfully serving as Acting Secretary of Homeland Security under the Homeland... Read More

Tags: daca , wolf , DHS

Advocates Ask Court to Rule on Legality of DACA Memo
Posted on 15 Sep 2020 by Daniel M. Kowalski

MALDEF, Sept. 11, 2020 "Civil rights organizations have filed a motion for summary judgement in a lawsuit that seeks to block the Trump administration from unlawfully implementing new limits on DACA, according to papers filed in federal court today... Read More

Tags: daca , MALDEF , wolf , DHS

MALDEF Lawsuit: Wolf DACA Memo Illegal
Posted on 4 Sep 2020 by Daniel M. Kowalski

MALDEF, Sept. 3, 2020 "Chad Wolf is unlawfully serving as Acting Secretary of Homeland Security and therefore his memo placing new restrictions on DACA must be nullified, according to a federal lawsuit filed today. MALDEF (Mexican American Legal... Read More

Tags: daca , MALDEF , wolf

USCIS Snubs Supreme Court on DACA
Posted on 24 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 24, 2020 "U.S. Citizenship and Immigration Services today provided guidance on how it will implement Acting Secretary of Homeland Security Chad Wolf’s July 28 memorandum (PDF) regarding the Deferred Action for Childhood Arrivals... Read More

Some Employers Refuse to Hire the DACAmented; Lawsuits Ensue
Posted on 20 Aug 2020 by Daniel M. Kowalski

Miriam Jordon, New York Times, Aug. 20, 2020 "It is impossible to know how many people have been denied jobs based on their DACA status, said Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Education Fund... Read More

Tags: daca , MALDEF

DACA Advocates File Contempt Motion Against DHS
Posted on 19 Aug 2020 by Daniel M. Kowalski

Casa De Maryland v. DHS "Process matters. See, e.g., Regents, 140 S. Ct. at 1909 (“the Government should turn square corners in dealing with the people”) (citation omitted). The rule of law also matters. As does respect for the judiciary... Read More

Tags: daca , DHS

Remove the Sword of Damocles from DACA
Posted on 12 Aug 2020 by Daniel M. Kowalski

Michael A. Olivas and Shoba Sivaprasad Wadhia, Aug. 12, 2020 "Chief Justice John Roberts held in his recent majority opinion in Dep’t of Homeland Security v. Regents of the Univ. of California that the U.S. Department of Homeland Security... Read More

Wolf, Barr on DACA (July 28, 2020)
Posted on 28 Jul 2020 by Daniel M. Kowalski

July 28, 2020 DHS Press Release here . July 28, 2020 memo from Wolf to ICE, CBP and USCIS here . June 30, 2020 letter from Barr to Wolf here . Read More

Tags: Supreme Court , daca , barr , wolf , DHS