Immigration Law

Recent Posts

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

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

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

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

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

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

Unpub. BIA GMC, Discretion Victory in OKC VAWA Cancellation Case
Posted on 17 Jan 2014 by Daniel M. Kowalski

"[A]lthough the respondent's ability to leave the abusive relationship and the length of time she has been out of the relationship weigh against a favorable exercise of discretion in this case, we ultimately conclude that this and the other negative... Read More

DHS: Same-Sex Partners are 'Family' for Prosecutorial Discretion
Posted on 28 Sep 2012 by Daniel M. Kowalski

"In an effort to make clear the definition of the phrase "family relationships," I have directed ICE to disseminate written guidance to the field that the interpretation of the phrase "family relationships" includes long-term... Read More

Unpub. BIA: Unsupported Speculation Cannot Support Discretionary Asylum Denial
Posted on 16 Oct 2012 by Daniel M. Kowalski

"We have considered the reasons set forth by the Immigration Judge for the denial of the respondent's asylum claim and find that the respondent should be granted asylum. The Immigration Judge's speculations relating to the respondent's... Read More