Immigration Law

Recent Posts

"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

Feds Tell 9th Circuit: Detained Kids ‘Safe and Sanitary’ Without Soap
Posted on 21 Jun 2019 by Daniel M. Kowalski

Helen Christophi, Courthouse News, June 18, 2019 "The Trump administration argued in front of a Ninth Circuit panel Tuesday that the government is not required to give soap or toothbrushes to children apprehended at the U.S.-Mexico border and can... Read More

Expert: Any Regulatory 'Reform' of Flores Settlement Would Trigger Lawsuit (Law360)
Posted on 21 May 2019 by Daniel M. Kowalski

Nicole Narea, Law360, May 20, 2019 "The 1997 Flores Settlement, which stems from a 1985 class action known as Flores filed on behalf of migrant kids in government detention, limits the amount of time minors can spend in immigration detention, among... 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

Special Master / Independent Monitor Appointed in Flores: Andrea Sheridan Ordin
Posted on 8 Oct 2018 by Daniel M. Kowalski

Flores v. Sessions, Oct. 5, 2018 - "The Court hereby appoints Andrea Sheridan Ordin as the Special Master/Independent Monitor (“the Monitor”)." Read More

Tags: flores , USCIS

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

Flores in the Crosshairs
Posted on 6 Sep 2018 by Daniel M. Kowalski

Nick Miroff, Maria Sacchetti, Washington Post, Sept. 6, 2018 - "The Trump administration said Thursday it is preparing to circumvent limits on the government’s ability to hold minors in immigration jails by withdrawing from the Flores Settlement... Read More

Tags: flores

Judge to Appoint Independent Monitor for Detained Immigrant Children
Posted on 30 Jul 2018 by Daniel M. Kowalski

CNN, July 27, 2018 - "A federal judge said Friday she will appoint an independent monitor to keep tabs on the conditions migrant children are kept in after they are detained along parts of the southern border. "There continue to be persistent... Read More

Tags: gee , monitor , flores , Children

Court: DOJ Attempt to Avoid Flores Agreement 'Wholly Without Merit'
Posted on 10 Jul 2018 by Daniel M. Kowalski

Flores v. Sessions, July 9, 2018 - "Defendants’ Ex Parte Application is a thinly veiled motion for reconsideration without any meaningful effort to comply with the requirements of Local Rule 7-18. ... Defendants now seek to hold minors in indefinite... Read More

Where Family Separation Began: A Case in El Paso Shows Flores is the Solution, Not the Problem
Posted on 22 Jun 2018 by Daniel M. Kowalski

Katherine Hawkins, Just Security, June 22, 2018 - " ... The Trump administration has denounced Flores as a “loophole,” and demanded that Congress override it so that it can start detaining families for longer periods of time. The executive... Read More

Expert: Trump's Effort to Modify Flores Agreement Likely Doomed
Posted on 22 Jun 2018 by Daniel M. Kowalski

Erik Larson, Bloomberg, June 21, 2018 - "President Donald Trump may have a hard time reversing his policy of separating undocumented children from their parents at the U.S. border because his alternative may get shot down in court. Implementing the... 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