Immigration Law

Recent Posts

CA9 on FOIA: Transgender Law Center v. ICE
Posted on 12 May 2022 by Daniel M. Kowalski

Transgender Law Center v. ICE "At the heart of this case is an effort by advocates to learn about the circumstances of an asylum-seeker’s tragic death in federal custody. The Freedom of Information Act exists for just such a purpose—to... Read More

Tags: FOIA , ICE

FOIA Victory: Brennan Center v. ICE
Posted on 30 Nov 2021 by Daniel M. Kowalski

Brennan Center v. ICE "Now before the Court are the parties' cross motions for summary judgment. See ECF Nos. 15, 18. Two issues remain in dispute: (1) whether the search ICE conducted was adequate, and (2) whether ICE properly withheld several... Read More

Tags: FOIA , ICE

Judge Hauls Officials Into Court After ICE Refuses to Comply With Court Order
Posted on 5 Aug 2021 by Daniel M. Kowalski

TRAC, Aug. 5, 2021 " In an unusual move, U.S. District Court Judge Amit P. Mehta, a federal judge for the U.S. District Court in Washington, D.C., rebuked Immigration and Customs Enforcement for “thumbing its nose” at the court in a... Read More


ICE Officials Knew Dollar/Day Wages Lacked Congressional Authorization
Posted on 22 Jun 2020 by Daniel M. Kowalski

Jacqueline Stevens, June 22, 2020 E-mail ICE Fought to Keep Secret for Six Years May Clinch Minimum Wage Claims against Private Prisons "For the last ten years I've been conducting research on the history and legality of Immigration and Customs... Read More

Manipulating Risk: Immigration Detention through Automation
Posted on 10 Jun 2020 by Daniel M. Kowalski

Kate Evans & Robert Koulish, 24 Lewis & Clark Law Review (forthcoming 2020) "The U.S. Department of Homeland Security arrests as many as 500,000 migrants per year and detains more than 350,000 of them through Immigration and Customs Enforcement... Read More

Tags: detention , FOIA , ICE

Injustice and the Disappearance of Discretionary Detention under Trump: Detaining Low Risk Immigrants without Bond
Posted on 10 Jun 2020 by Daniel M. Kowalski

Robert Koulish & Kate Evans, May 22, 2020 "This Report demonstrates that the Immigration and Customs Enforcement (ICE) violates legal requirements to provide immigrants with an individualized custody determination. Trump’s enforcement... Read More

Tags: detention , FOIA , ICE

'Fugitive’ FOIA Victory by Colo. ACLU Against ICE
Posted on 27 Dec 2019 by Daniel M. Kowalski

On December 16, 2019 Colorado Federal District Court Judge William J. Martinez issued a permanent injunction blocking ICE from alleging “fugitive” status as a 7(A) FOIA exemption. The lawsuit was filed in 2016 by Colorado immigration attorney... Read More


Lawsuit Challenges Systemic USCIS and ICE FOIA Delays
Posted on 20 Jun 2019 by Daniel M. Kowalski

AIC, June 19, 2019 "Under the Freedom of Information Act (FOIA), individuals must receive a determination on requests for information within a maximum of 30 days. However, individuals and attorneys who file FOIAs with the United States Citizenship... Read More


TRAC: Feds 'Flying Blind' on Asylum...And Blinding the Watchers
Posted on 24 Apr 2019 by Daniel M. Kowalski

TRAC, Apr. 23, 2019 "... It appears that the government itself does not actually know what happens to those it arrests at the border. It admits it lacks the ability to reliably follow cases when they pass from one agency of DHS to another - such... Read More

New FOIA Release - Butler County ICE Detainees Paid in Coffee Packets, ICE Punishes Hunger Strikers in Tacoma
Posted on 27 Mar 2019 by Daniel M. Kowalski

Prof. Jacqueline Stevens, Mar. 25, 2019 "Attorneys have been suing private prisons for their exploitation of people in custody under immigration laws, a phenomenon that has been receiving increasing coverage by the mainstream media . But county... Read More

Immigration Agencies Communicated Prior to Arrest of Sanctuary Leader
Posted on 27 Mar 2019 by Daniel M. Kowalski

Tina Vasquez, Rewire.News, Mar. 25, 2019 "Documents obtained by Rewire.News through a Freedom of Information Act (FOIA) request show that immigration enforcement officials reached out to the federal agency tasked with naturalizations and immigration... Read More

D.C. Attorney General Sues ICE for Answers About Immigration Crackdowns
Posted on 23 Oct 2018 by Daniel M. Kowalski

D.C. Attorney General Karl A. Racine , Oct. 22, 2018 - "Attorney General Karl A. Racine today filed a lawsuit seeking to force U.S. Immigration and Customs Enforcement (ICE) officials to provide answers about recent ICE enforcement actions in the... Read More

Private Immigration Prison Owners Ask Courts for Secrecy: Detention Watch Network v. ICE
Posted on 28 Dec 2015 by Daniel M. Kowalski

CCR, Dec. 23, 2015 - "In a Freedom of Information Act (FOIA) case related to the federal immigration detention bed quota, advocates today pointed to the government’s inclusion of several affidavits from private prison corporations who are not... Read More

My Great FOIA Adventure and Discoveries of Deferred Action Cases at ICE
Posted on 5 Feb 2013 by Daniel M. Kowalski

"This Article describes my adventures in FOIA litigation and analyzes deferred action data collected informally by 24 ICE field offices between October 1, 2011, and June 30, 2012. This Article also offers recommendations for the agency on data collection... Read More