Immigration Law

Recent Posts

Federal Court Orders that Asylum Seekers Can Move Forward Challenging Delays
Posted on 14 Dec 2018 by Daniel M. Kowalski

NWIRP, Dec. 13, 2018 - "A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional... Read More

Tags: bond , detention , asylum

The Landscape of Immigration Detention in the United States
Posted on 11 Dec 2018 by Daniel M. Kowalski

Emily Ryo, J.D., Ph.D. and Ian Peacock, M.A., December 5, 2018 - "On any given day, U.S. Immigration and Customs Enforcement (ICE) detains tens of thousands of individuals who are accused of violating U.S. immigration laws. ICE currently relies on... Read More

Jennings Remanded to District Court
Posted on 26 Nov 2018 by Daniel M. Kowalski

CA9, Nov. 19, 2018 - "On remand from the Supreme Court’s opinion in Jennings v. Rodriguez, 138 S. Ct. 830 (2018), in an action in which petitioners challenge their prolonged immigration detention, the panel remanded constitutional claims and... Read More

Child Detention Lawsuit Moves Forward
Posted on 21 Nov 2018 by Daniel M. Kowalski

Legal Aid Justice Center, Nov. 16, 2018 - "Yesterday, the U.S. District Court for the Eastern District of Virginia denied the U.S. government’s motion to dismiss Legal Aid Justice Center’s lawsuit on behalf of detained immigrant children... Read More

Court Orders Release of Iraqi Detainees, Sanctions Govt. Attorneys: Hamama v. Adducci
Posted on 21 Nov 2018 by Daniel M. Kowalski

ACLU of Michigan, Nov. 20, 2018 - "The American Civil Liberties Union (ACLU) of Michigan applauds the decision of U.S. District Judge Mark A. Goldsmith to order the U.S. Immigration and Customs Enforcement (ICE) to release all Iraqis within 30 days... Read More

Immigration Private Prison Litigation Expands to New Mexico: Ndambi v. CoreCivic
Posted on 16 Nov 2018 by Daniel M. Kowalski

Prof. Jacqueline Stevens, Nov. 16, 2018 -"CoreCivic, aka CCA, Sued in New Mexico for Exploiting People Held during Immigration Proceedings "CoreCivic profits from its operation of Cibola by relying heavily on a captive workforce... Read More

Schrag: Proposed Flores Regulation is Legally Invalid
Posted on 6 Nov 2018 by Daniel M. Kowalski

Today, Nov. 6, 2018, is the last day to file comments on the Flores NPRM filed by DHS and HHS. So far, over 57,000 comments have been filed. Prof. Philip G. Schrag , co-director of the Center for Applied Legal Studies, the asylum law clinic at Georgetown... Read More

ICE Misled A Federal Court About Why Iraqi Detainees Couldn’t Be Sent Home, Documents Show
Posted on 26 Oct 2018 by Daniel M. Kowalski

Hamed Aleaziz, BuzzFeed News, Oct. 24, 2018 - "Documents unsealed in a federal court in Michigan this week show that ICE officials repeatedly misled the court about the status of Iraqi detainees, insisting that it had an agreement with the Iraqi... Read More

Amnesty International Report: Illegal Pushbacks, Arbitrary Detention & Ill-Treatment of Asylum-Seekers in the United States
Posted on 16 Oct 2018 by Daniel M. Kowalski

Amnesty International, Oct. 11, 2018 - "The US government has deliberately adopted immigration policies and practices that caused catastrophic harm to thousands of people seeking safety in the United States, including the separation of over 6,000... Read More

Transcript of Nielsen v. Preap SC Oral Argument
Posted on 11 Oct 2018 by Daniel M. Kowalski

USSC, Oct. 10, 2018 - "CHIEF JUSTICE ROBERTS: We'll hear argument first this morning in Case 16-1363, Nielsen, Secretary of Homeland Security, versus Preap. ..." Read More

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

Supreme Court Oral Argument Preview: Nielsen v. Preap
Posted on 4 Oct 2018 by Daniel M. Kowalski

The Supreme Court will hear oral argument on October 10, 2018 in the case of Nielsen v. Preap. Jennifer M. Chacón , Professor of Law at UCLA School of Law, has this argument preview for SCOTUSblog: Justices once again consider proper scope of... Read More

A Judge Just Reminded CBP That the Border Isn’t a Rights-Free Zone
Posted on 2 Oct 2018 by Daniel M. Kowalski

Hugh Handeyside, Senior Staff Attorney, ACLU National Security Project, Oct. 1, 2018 - "An American family that underwent a harrowing detention at the hands of U.S. Customs and Border Protection can now seek some measure of justice. That’s... Read More

CA9 Upholds Saravia Preliminary Injunction
Posted on 1 Oct 2018 by Daniel M. Kowalski

Saravia v. Sessions , court staff summary - "In an action arising from Immigration and Customs Enforcement’s rearrest and detention of noncitizens who came to this country as unaccompanied minors, the panel affirmed the district court’s... Read More

Trump Administration’s New Indefinite Family Detention Policy: Deterrence Not Guaranteed
Posted on 27 Sep 2018 by Daniel M. Kowalski

Muzaffar Chishti and Sarah Pierce, Migration Policy Institute, Sept. 26, 2018 - "Having shelved a controversial family-separation practice that drew massive protest—and did not slow the arrival of Central American families at the U.S.-Mexico... Read More