Immigration Law

Recent Posts

TVPRA Victory - Ramirez v. ICE
Posted on 3 Jul 2020 by Daniel M. Kowalski

NIJC, July 2, 2020 "A federal court has ruled that the failure of U.S. Immigration and Customs Enforcement (ICE) officers to consider less restrictive settings before transferring unaccompanied immigrant youth to ICE detention on their 18th birthdays... Read More

The Role of Federal Courts in Coronavirus-Related Immigration Detention Litigation
Posted on 2 Jul 2020 by Daniel M. Kowalski

Aditi Shah, June 29, 2020 "From the outset, the coronavirus pandemic posed a unique and immediate threat to incarcerated people—including noncitizens in civil immigration detention. As the pandemic goes on, lawsuits have proliferated across... Read More

Judge Orders ICE To Free Detained Immigrant Children Because Of COVID-19
Posted on 29 Jun 2020 by Daniel M. Kowalski

Vanessa Romo, NPR, June 26, 2020 "Citing the unrelenting spread of the coronavirus, a federal judge has ordered that all children currently held in U.S. Immigration and Customs Enforcement custody for more than 20 days must be released by July... Read More

ICE Officials Knew Dollar/Day Wages Lacked Congressional Authorization
Posted on 22 Jun 2020 by Daniel M. Kowalski

Jacqueline Stevens, June 22, 2020 E-mail ICE Fought to Keep Secret for Six Years May Clinch Minimum Wage Claims against Private Prisons "For the last ten years I've been conducting research on the history and legality of Immigration and Customs... Read More

Cert. Granted: Albence v. Guzman Chavez
Posted on 15 Jun 2020 by Daniel M. Kowalski

Amy Howe, June 15, 2020 - "[I]n Albence v. Guzman Chavez , the justices will decide which provision of immigration law – 8 U.S.C. § 1231 or 8 U.S.C. § 1226 – applies to the detention of a noncitizen who is seeking withholding... Read More

Manipulating Risk: Immigration Detention through Automation
Posted on 10 Jun 2020 by Daniel M. Kowalski

Kate Evans & Robert Koulish, 24 Lewis & Clark Law Review (forthcoming 2020) "The U.S. Department of Homeland Security arrests as many as 500,000 migrants per year and detains more than 350,000 of them through Immigration and Customs Enforcement... Read More

Tags: detention , FOIA , ICE

Injustice and the Disappearance of Discretionary Detention under Trump: Detaining Low Risk Immigrants without Bond
Posted on 10 Jun 2020 by Daniel M. Kowalski

Robert Koulish & Kate Evans, May 22, 2020 "This Report demonstrates that the Immigration and Customs Enforcement (ICE) violates legal requirements to provide immigrants with an individualized custody determination. Trump’s enforcement... Read More

Tags: detention , FOIA , ICE

Due Process Bond Victory in Baltimore: Miranda v. Barr
Posted on 31 May 2020 by Daniel M. Kowalski

Miranda v. Barr "[T]he court will issue a class-wide preliminary injunction mandating that § 1226(a) bond hearings implement procedures that adequately protect the due process rights of noncitizens. At these bond hearings, the government must... Read More

Immigration Detention and Release Policies Fatally Flawed
Posted on 5 May 2020 by Daniel M. Kowalski

Donald Kerwin, May 2, 2020 "In late March, I argued in an earlier version of this paper that the US Department of Homeland Security (DHS) should immediately embark on an aggressive program of release, supervised release and alternative-to-detention... Read More

ICE Detention in Fla. Violates 5th, 8th Amendments: Gayle v. Meade
Posted on 1 May 2020 by Daniel M. Kowalski

Gayle v. Meade "The Petitioners in this case are 34 immigrant detainees. Petitioners claim that they are housed at one of three immigration detention centers in Florida: the Krome Detention Center in Miami (“Krome”), the Broward Transitional... Read More

Ongoing Litigation Over Migrants' Release Amid COVID-19
Posted on 29 Apr 2020 by Daniel M. Kowalski

Kim Langona, Apr. 27, 2020 - A detailed description of federal court litigation in all states and DC, updated as of 4-27-20. Read More

Immigrant Detention, COVID-19, and Opportunities for Action
Posted on 28 Apr 2020 by Daniel M. Kowalski

Caitlin Patler, PhD, University of California, Davis; Altaf Saadi, MD MSc, Massachusetts General Hospital and Harvard Medical School; Hamid Yazdan Panah, JD, Immigrant Defense Advocates, April 2020 "Conditions of confinement in immigrant detention... Read More

A Long Time Coming: How the Immigration Bond and Detention System Created Today’s COVID-19 Tinderbox
Posted on 24 Apr 2020 by Daniel M. Kowalski

Hafsa S. Mansoor (J.D. ’20) & Katherine Comly (J.D. ’20), Under Supervision of Professor Lori A. Nessel, Seton Hall University School of Law | Immigrants’ Rights/International Human Rights Clinic, Apr. 20, 2020 "Immigrants... Read More

Judge Orders ICE to Reduce Detainee Population Amid Pandemic
Posted on 24 Apr 2020 by Daniel M. Kowalski

Jon Parton, CNS, Apr. 23, 2020 "A federal judge in Los Angeles ordered U.S. Immigration and Customs Enforcement Thursday to reduce the amount of detainees held in its Adelanto processing facility in order to reduce exposure to the coronavirus.... Read More

Court Orders Custody Review of ICE Prisoners at Risk for C19
Posted on 21 Apr 2020 by Daniel M. Kowalski

SPLC, Apr. 20, 2020 "A federal judge today ordered Immigration and Customs Enforcement (ICE) to promptly revisit custody determinations, including consideration of release for all persons in ICE detention whose age or health conditions place them... Read More