Immigration Law

Recent Posts

Biden Rolls Back Trump Expansion of Expedited Removal
Posted on 18 Mar 2022 by Daniel M. Kowalski

To be published and effective on Monday, Mar. 21, 2022 - Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal "This Notice rescinds the July 23, 2019 Notice, Designating Aliens for Expedited Removal, which expanded... Read More

Expanded Expedited Removal Suspended: DHS
Posted on 15 Oct 2021 by Daniel M. Kowalski

Hamed Aleaziz, BuzzFeed News, Oct. 14, 2021 "A Trump-era policy that allows ICE officers to arrest and rapidly deport certain undocumented immigrants without access to a judge was suspended by the Biden administration Thursday after BuzzFeed News... Read More

Biden Administration Claims It Will "Improve" Expedited Removal, Asylum System
Posted on 27 Jul 2021 by Daniel M. Kowalski

White House, July 27, 2021 "... The Administration is working to improve the expedited removal process at the border to fairly and efficiently determine which individuals have legitimate claims for asylum and other forms of protection. Asylum and... Read More

DHS Resumes Expedited Removal for "Certain Family Units"
Posted on 27 Jul 2021 by Daniel M. Kowalski

DHS, July 26, 2021 "Beginning today, certain family units who are not able to be expelled under Title 42 will be placed in expedited removal proceedings.  Expedited removal provides a lawful, more accelerated procedure to remove those family units... Read More

Addressing the Legacy of Expedited Removal: Border Procedures and Alternatives for Reform
Posted on 13 May 2021 by Daniel M. Kowalski

Dr. Yael Schacher, May 13, 2021 "Though he has already revoked some of the former administration’s highly restrictive policies on asylum, President Biden has thus far left in place an expulsion policy first imposed by the Trump administration... Read More

ICE to Launch Expedited Removal Push
Posted on 7 Oct 2020 by Daniel M. Kowalski

Shaun Courtney, Bloomberg Government, Oct. 6, 2020 "Undocumented immigrants anywhere in the U.S. can be deported as quickly as a day, once Immigration and Customs Enforcement officials complete mandatory training online, the agency says. “This... Read More

CADC (2-1) on Expedited Removal: Grace v. Barr
Posted on 17 Jul 2020 by Daniel M. Kowalski

Grace v. Barr "Twelve asylum seekers challenge a host of executive-branch policies adopted to implement the expedited-removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Pub. L. No. 104-208, 110 Stat... Read More

Supreme Court on Habeas, Due Process: DHS v. Thuraissigiam
Posted on 25 Jun 2020 by Daniel M. Kowalski

DHS v. Thuraissigiam "[U]nder our precedents, neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of respondent’s claims, and IIRIRA’s limitations on habeas review are constitutional... Read More

CA10 on Expedited Removal, Due Process: USA v. Gonzalez-Fierro
Posted on 5 Feb 2020 by Daniel M. Kowalski

USA v. Gonzalez-Fierro "To the extent 8 U.S.C. § 1225(b)(1)(D) strips federal courts of jurisdiction to review the fundamental fairness of an expedited removal proceeding before the Government can use that expedited removal to prove a §... Read More

Preliminary Injunction Granted Blocking July 23, 2019 Expedited Removal Rule
Posted on 30 Sep 2019 by Daniel M. Kowalski

Make the Road New York v. McAleenan, Sept. 27, 2019 "For the reasons stated in the accompanying Memorandum Opinion , it is hereby ORDERED that Plaintiffs’ Motion for a Preliminary Injunction (ECF No. 13) is GRANTED. It is FURTHER ORDERED... Read More

Lawsuit Challenging Expedited Removal Immigration Policy
Posted on 23 Sep 2019 by Daniel M. Kowalski

LCR, Sept. 2019 " Civil Rights and Community Groups File Lawsuit Challenging Sweeping Expedited Removal Immigration Policy in Federal Court Lawyers for Civil Rights (LCR) and Ropes and Gray LLP filed a federal lawsuit in the District... Read More

Former IJs File Amicus Brief in Padilla v. ICE
Posted on 17 Sep 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Sept. 14, 2019 "The late Maury Roberts, a legendary immigration lawyer and former BIA Chair, wrote in 1991: “It has always seemed significant to me that, among all the members of the animal kingdom, man is the only one who... Read More

Right to Counsel Victory at CA9: Zuniga v. Barr
Posted on 20 Aug 2019 by Daniel M. Kowalski

Zuniga v. Barr "This case presents us with a simple question: do noncitizens subject to expedited removal under 8 U.S.C. § 1228 have a statutory right to counsel in reasonable fear proceedings before immigration judges? The answer, based on... Read More

Lawsuit Challenges Expanded Expedited Removal
Posted on 6 Aug 2019 by Daniel M. Kowalski

AIC, Aug. 6, 2019 "The American Immigration Council, American Civil Liberties Union, and Simpson Thacher & Bartlett LLP filed a federal lawsuit today challenging the Trump administration’s new rule that massively expands fast-track deportations... Read More