Immigration Law

Recent Posts

Border Immigration Tent Courts Resemble 'China or Russia'
Posted on 25 Sep 2019 by Daniel M. Kowalski

Gus Bova, Texas Observer, Sept. 24, 2019 "In Laredo and Brownsville, the Department of Homeland Security (DHS) has taken the unusual step of building tent court facilities alongside the ports of entry. There, members of the press and public are... Read More

Public (Including Media) Denied Access to Border Courts
Posted on 11 Sep 2019 by Daniel M. Kowalski

Adolfo Flores, BuzzFeed News, Sept. 11, 2019 "Tent border courts for asylum-seekers forced to return to Mexico under a Trump administration policy have opened for hearings Wednesday in Laredo, Texas — but few got to see inside as the public... Read More

EOIR to Limit Interpretation at MCH?
Posted on 1 Jul 2019 by Daniel M. Kowalski

Hon. Paul Wickham Schmidt, July 1, 2019 "No, it isn’t as dramatic as pictures of drowned families and caged toddlers. But, the effects of the latest move by those running our U.S. Immigration Courts and their political handlers could turn... Read More

'No Dark Courtrooms' - EOIR
Posted on 3 Apr 2019 by Daniel M. Kowalski

EOIR Policy Memo dated Mar. 29, 2019, effective May 1, 2019 "[I]t is appropriate for EOIR to adopt a formal policy of "no dark courtrooms" and to direct OCIJ managers to ensure, to the maximum extent practicable, that all blocks of available... Read More

Whose Court Is This Anyway?
Posted on 2 Apr 2019 by Daniel M. Kowalski

Lorelei Laird, ABA Journal, April 2019 Immigration judges accuse executive branch of politicizing their courts [Please read this detailed "deep dive" into the murky world of EOIR, including the Board of Immigration Appeals and the Immigration... Read More

The Immigration Court: Issues and Solutions - Jeffrey S. Chase
Posted on 29 Mar 2019 by Daniel M. Kowalski

Editor's Note: This is the most important - and damning - exposé of the Immigration Courts to date. Please read every word. Jeffrey S. Chase, Mar. 28, 2019 " The following is the transcript of my lecture on March 28, 2019 at Cornell... Read More

EOIR on Use of Electronics in 'EOIR Space'
Posted on 23 Mar 2019 by Daniel M. Kowalski

EOIR, Mar. 20, 2019 "... Attorneys or representatives of record and attorneys from the Department of Homeland Security representing the government in proceedings before EOIR will be permitted to use electronic devices in EOIR courtrooms for the... Read More

EOIR Electronic Filing Pilot Program
Posted on 23 Jun 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 - "The Executive Office for Immigration Review (EOIR) is creating a voluntary pilot program to test an expansion of electronic filing for cases filed with the immigration courts and the... Read More

EOIR Memo: Case Priorities and Immigration Court Performance Measures (Jan. 17, 2018)
Posted on 18 Jan 2018 by Daniel M. Kowalski

EOIR, James R. McHenry III, Jan. 17, 2018 - "This memorandum is effective immediately, applies prospectively to all new cases filed and to all immigration court cases reopened, recalendared, or remanded, and serves to rescind the January 31, 2017... Read More

New EOIR OPPM on Continuances (July 31, 2017)
Posted on 2 Aug 2017 by Daniel M. Kowalski

EOIR, July 31, 2017 - "This Operating Policies and Procedures Memorandum (OPPM) supplements and amends OPPM 13-01. It is intended to provide guidance to assist Immigration Judges with fair and efficient docket management relating to the use of continuances... Read More

Immigration Judges Pushing for Independence
Posted on 17 Jul 2013 by Daniel M. Kowalski

"Federal immigration judges are urging Congress to liberate them from the Department of Justice, a dramatic bid for independence that could eventually open immigration court records to the public for the first time in US history. As lawmakers debate... Read More

555-Day Backlog at Houston Immigration Court
Posted on 24 Dec 2013 by Daniel M. Kowalski

"Those awaiting hearings at a Houston immigration court should be prepared to wait for much more than a year due to thousands of pending cases, a shortage of judges and the more than two-week federal shutdown in October, a report has found. The... Read More

SPLC: Atlanta Immigration Court Judges Fail to Uphold Ethical Standards
Posted on 2 Mar 2017 by Daniel M. Kowalski

Mar. 2, 2017 - "Atlanta Immigration Court judges are failing to uphold ethical standards that ensure immigrants receive fair and impartial treatment – failures that warrant an investigation, according to the findings of a project by the Southern... Read More

GAO Slams Immigration Court Backlog, Management and Operational Challenges
Posted on 2 Jun 2017 by Daniel M. Kowalski

GAO, June 1, 2017 - "GAO's analysis showed that the Executive Office for Immigration Review's (EOIR) case backlog—cases pending from previous years that remain open at the start of a new fiscal year—more than doubled from fiscal... Read More