Immigration Law

Recent Posts

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

CA3 on Detention, Bond - Guerrero-Sanchez v. Warden
Posted on 27 Sep 2018 by Daniel M. Kowalski

Guerrero-Sanchez v. Warden - "[T]his case requires us to decide a novel question of immigration law in this Circuit: is the detention of an alien, such as Guerrero-Sanchez, who has a reinstated order of removal but is also pursuing withholding-only... Read More

At Senate Hearing, Feds Double Down on 'Summer Camp' Baby Jails for Refugee Kids
Posted on 19 Sep 2018 by Daniel M. Kowalski

Tal Kopan, CNN, Sept. 18, 2018 - "A senior Trump administration official on Tuesday stood by his controversial comments comparing the detention centers for immigrant families to "summer camp," but declined to answer whether he'd send... Read More

Crimmigration Law & Policy Event: From Family Detention to Family Separation and Back (Sept. 17, 2018)
Posted on 14 Sep 2018 by Daniel M. Kowalski

Crimmigration - "When Attorney General Sessions announced the Trump administration’s family separation policy, all eyes turned to the border. In countless reports, we saw parents brought to federal courts without a clue about their children’s... Read More

A National Shame: The Trump Administration’s Separation and Detention of Migrant Families - Report
Posted on 29 Aug 2018 by Daniel M. Kowalski

Adam Isacson, Maureen Meyer and Adeline Hite, Aug. 28, 2018 - "The zero tolerance policy’s most visible outcome was the mass separation of asylum-seeking parents and children. The Trump administration’s ham-fisted effort to implement... Read More

Detaining Families: A Study of Asylum Adjudication in Family Detention
Posted on 17 Aug 2018 by Daniel M. Kowalski

Ingrid Eagly, Esq., Steven Shafer, Esq. and Jana Whalley, Esq., American Immigration Council, August 16, 2018 - "The United States currently detains more protection-seeking families than any nation in the world. Since 2001, parents and their children... Read More

Class Action Certified in Cambodian Detention Suit: Chhoeun v. Marin
Posted on 16 Aug 2018 by Daniel M. Kowalski

Chhoeun v. Marin - "This action challenges the Government’s policy of arbitrarily rounding up and placing in immigration detention individuals who have been living peaceably in our communities for years.1 Petitioners Nak Kim Chhoeun and Mony... Read More

The Case Against Indefinite Detention - Hon. Jeffrey S. Chase
Posted on 6 Aug 2018 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Aug. 5, 2018 - "An amicus brief was recently filed on behalf of a group of 20 former Immigration Judges and BIA Members (including myself) in the case of Rodriguez et. al. v. Robbins . The case, which was remanded back to the... Read More

Doctors Blow Whistle on Dangers Migrant Children Face in Detention
Posted on 19 Jul 2018 by Daniel M. Kowalski

Miriam Jordan, NYT, July 18, 2018 - "The Trump administration, faced with a public outcry over the separation of migrant families at the Southwest border, has said it is exploring a major expansion of family detention centers. But two of the government’s... Read More