Immigration Law

Recent Posts

The Legal Basis for DACA as Expressed in the Final Rule
Posted on 31 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, Aug. 31, 2022 "On August 24, 2022, the Department of Homeland Security (DHS) issued a final rule aimed at “preserving and fortifying” the Deferred Action for Childhood Arrivals (DACA) program. The DACA... Read More

Experts Advise Sec. Mayorkas on Discretion, Immigration Enforcement: Letter
Posted on 4 Feb 2021 by Daniel M. Kowalski

Over 120 law professors and experts, Feb. 2, 2021 "On Day 1 of the Biden-Harris administration, the White House and the Department of Homeland Security (DHS) issued an Executive Order and a memorandum intending to restore the use of humane and... Read More

USCIS Policy Alert: Use of Discretion for Adjustment of Status
Posted on 17 Nov 2020 by Daniel M. Kowalski

USCIS, Nov. 17, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating existing policy guidance in the USCIS Policy Manual regarding the discretionary factors to consider in adjudications of adjustment of status applications."... Read More

USCIS on Discretion (July 15, 2020)
Posted on 15 Jul 2020 by Daniel M. Kowalski

On July 15, 2020 USCIS issued Policy Alert PA-2020-10 entitled Applying Discretion in USCIS Adjudications , and updated Chapter 5 and Chapter 8 of the Policy Manual. Read More

Tags: USCIS , discretion

Aug. 15, 2017 Memo from ICE Legal on Enforcement Priorities, Prosecutorial Discretion (BuzzFeed)
Posted on 8 Oct 2018 by Daniel M. Kowalski

Hamed Aleaziz, BuzzFeed News, Oct. 8, 2018 - "Attorneys for Immigration and Customs Enforcement were restricted from granting reprieves for certain immigrants facing deportation, ordered to review and potentially reopen previously closed cases, and... Read More

Legomsky: Presidential Authority for DAPA/DACA Clear (House Testimony)
Posted on 27 Feb 2015 by Daniel M. Kowalski

"Like the overwhelming majority of other immigration law professors and scholars, I believe that the legal authority for both the Prosecutorial Discretion Memo and the DACA/DAPA Memo is clear. There are Congress’s express assignment of responsibility... Read More

The Rise of Speed Deportation and the Role of Discretion - Shoba Sivaprasad Wadhia
Posted on 2 Jan 2015 by Daniel M. Kowalski

"In 2013, the majority of people deported never saw a courtroom or immigration judge. Instead, they were quickly removed by the Department of Homeland Security via one of several procedures collectively referred to as “speed deportation.”... Read More

Discretion and Proportionality in Immigration Law & Policy
Posted on 12 Apr 2012 by Daniel M. Kowalski

Two experts help us understand why our immigration system is so off-kilter: "In a new report , Hiroshi Motomura, a law professor at UCLA , argues that prosecutorial discretion, as discussed in recent DHS policy memos , is only one kind of discretion... Read More

The President’s Discretion, Immigration Enforcement, and the Rule of Law
Posted on 26 Aug 2014 by Daniel M. Kowalski

"The President has the legal authority to make a significant number of unauthorized migrants eligible for temporary relief from deportation that would be similar to the relief available under the Deferred Action for Childhood Arrivals (DACA) program... Read More

Immigration Enforcement Run Amok in Buffalo, NY
Posted on 14 Oct 2014 by Daniel M. Kowalski

"Buffalo Field Office Director Michael T. Phillips has just denied a request for prosecutorial discretion, which if granted would have allowed Ben Sangari, a citizen of the United Kingdom, to apply for a Green Card pursuant to his marriage to his... Read More

A Defense of Immigration-Enforcement Discretion: The Legal and Policy Flaws in Kris Kobach’s Latest Crusade
Posted on 4 Jan 2013 by Daniel M. Kowalski

By David A. Martin*, Thursday, 20 December 2012 - " This Essay disputes the legal claims set forth in a recent lawsuit that seeks to invalidate a policy of the Department of Homeland Security. The policy gives protection against deportation to unauthorized... Read More

MacArthur Fellow: Presidents Have Broad Discretion on Immigration
Posted on 21 Nov 2014 by Daniel M. Kowalski

"Some experts say Congress has given presidents broad discretion in enforcing immigration laws, which sets a high bar for opponents to prevail in court. “It’s the section of the United States Code with the most discretion given to the... Read More

Fate of Former Arizona Detective Carmen Figueroa Depends on Immigration 'Discretion'
Posted on 16 Dec 2013 by Daniel M. Kowalski

"Carmen Figueroa was a good Arizona Department of Public Safety officer for 10 years, but now faces the possibility of deportation to Mexico. Whether she actually gets deported, though, depends. Will the system view her as a foreigner who infiltrated... Read More

The Rise of Speed Deportation and the Role of Discretion
Posted on 24 Sep 2014 by Daniel M. Kowalski

"In 2013, the majority of people deported never saw a courtroom or immigration judge, and instead were quickly removed by the Department of Homeland Security. The policy goals of speed deportation are economic because government resources like a... Read More

Napolitano: DHS to begin sorting Morton Memo cases...when?
Posted on 20 Oct 2011 by Daniel M. Kowalski

"The former Immigration and Naturalization Service under DOJ, and later ICE under DHS, have always used discretion on a case-by-case basis where appropriate and responsible to do so, and where it enhances our ability to meet our priorities... Read More