Immigration Law

Recent Posts

Legal Scholars & UN Experts: Flores Regulations Violate International Law
Posted on 30 Jan 2020 by Daniel M. Kowalski

Cornell Law Prof. Ian M. Kysel writes: "As the amicus briefs in the 9th circuit appeal in Flores rolled in, I wanted to flag one in particular on which I am co-counsel: an amicus brief by more than 125 legal scholars and non-governmental organizations... Read More

"Why Detain at All?"
Posted on 29 Jun 2019 by Daniel M. Kowalski

Miriam Jordan, New York Times, June 29, 2019 "A federal judge has ordered a mediator to move swiftly to improve health and sanitation at Border Patrol facilities in Texas, where observers reported migrant children were subject to filthy conditions... Read More

Judge Orders Feds to Fix Kids' Border Detention Conditions Fast (Law360)
Posted on 29 Jun 2019 by Daniel M. Kowalski

Dave Simpson, Law360, June 28, 2019 "A California federal judge Friday gave the Trump administration two weeks to get living conditions for children being detained at border facilities up to snuff, following reports that kids there are malnourished... Read More

Attorneys: Texas Border Facility is Neglecting Migrant Kids
Posted on 24 Jun 2019 by Daniel M. Kowalski

Cedar Attanasio, Garance Burke and Martha Mendoza, Associated Press, June 21, 2019 "A 2-year-old boy locked in detention wants to be held all the time. A few girls, ages 10 to 15, say they’ve been doing their best to feed and soothe the clingy... 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

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

A Backgrounder on the Flores Agreement
Posted on 22 Jun 2018 by Daniel M. Kowalski

Women's Refugee Commission, June 15, 2018 - The Flores Settlement & Family Separation at the Border Read More

ICE Seeks Return of Children to Immigration Jail
Posted on 22 Aug 2017 by Daniel M. Kowalski

Laura Benshoff, WHYY, Newsworks, Aug. 21, 2017 - "On a video-conferencing screen at an immigration court in York County Prison, a 4-year-old boy appears, sitting in a white plastic chair next to his mother. Wearing a suit, he colors a piece of... Read More

CHILDREN SEEKING ASYLUM ASK FEDERAL COURT TO END THEIR DETENTION AND APPOINT A MONITOR TO OVERSEE OBAMA'S DETENTION POLICY
Posted on 19 May 2016 by Daniel M. Kowalski

CHRCL, May 19, 2016 - "Claiming that the conditions of their detention are "deplorable" and "inhumane," and that they are being illegally held in remote detention centers commingled with hundreds of unrelated adults, children... Read More

Three-Year-Old Immigrant Child Released After Two Years in Immigration Jail
Posted on 10 Aug 2017 by Daniel M. Kowalski

Katie Shepherd, Aug. 9, 2017 - "An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most sympathetic cases for... Read More

Expert: Judge's Order to Release Detained Moms, Kids 'Historic'
Posted on 22 Aug 2015 by Daniel M. Kowalski

"A federal judge ruled late Friday night that the Obama administration has just over two months to begin releasing hundreds of migrant mothers and children who have been locked up in government family detention centers as they await their asylum... Read More

Judge: ICE Violated Landmark Settlement Agreement, Must Release Refugee Moms, Kids
Posted on 25 Jul 2015 by Daniel M. Kowalski

"Defendants do not satisfactorily explain why the Agreement, after being in effect since 1997, should only now encourage others to enter the United States without authorization. Nor do Defendants proffer any competent evidence that ICE’s detention... Read More

Are Feds Stalling Detention Deal to Keep Refugee Moms, Kids Behind Bars?
Posted on 11 Jun 2015 by Daniel M. Kowalski

"Secret talks over the fate of the Obama administration’s family detention program may be breaking down, meaning many migrant mothers and children could remain locked up for the foreseeable future. A critical opinion by a federal judge –... Read More

Judge Orders DHS to Release Refugee Moms, Kids
Posted on 22 Aug 2015 by Daniel M. Kowalski

Here is the full text of the Aug. 21, 2015 Order by U.S. District Judge Dolly M. Gee in Flores v. Lynch, Case No. CV 85-04544 DMG (Ex) C.D. Cal. Read More