Immigration Law

Recent Posts

Judge Blocks DHS Enforcement Memo: Texas v. USA
Posted on 12 Jun 2022 by Daniel M. Kowalski

Texas v. USA "This case is the culmination of a series of challenges to immigration-related memoranda issued within the Department of Homeland Security. The legal issues are varied and complicated. But the core of the dispute is whether the Executive... Read More

Aaliyah The Brave: Empowering Children Coping With Immigration Enforcement
Posted on 31 May 2022 by Daniel M. Kowalski

Rekha Sharma-Crawford "Aaliyah is every child who has ever known the heartbreak of having a parent forcibly removed from the home by Immigration and Customs Enforcement. She is the voiceless, and faceless child that is often forgotten in a system... Read More

UPDATED: CA6 Stays Lower Court's Injunction Against Enforcement Memo (Ariz. v. Biden)
Posted on 12 Apr 2022 by Daniel M. Kowalski

Arizona v. Biden (Apr. 12, 2022) "Last fall, the Secretary of Homeland Security issued a memorandum to his deputies outlining the Department’s immigration enforcement priorities and policies. Arizona, Montana, and Ohio filed this lawsuit... Read More

Court Blocks DHS Enforcement Memo: Arizona v. Biden
Posted on 22 Mar 2022 by Daniel M. Kowalski

Arizona v. Biden "It is hereby ORDERED that: 1. Pursuant to Fed. R. Civ. P. 65(a), Defendants United States Department of Homeland Security, Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, all their... Read More

Shadow Sanctions for Immigration Violations
Posted on 3 Feb 2022 by Daniel M. Kowalski

Prof. Shalini Bhargava Ray, Lawfare, Feb. 2, 2022 "With 11 million deportable noncitizens and the capacity to remove roughly 400,000 per year , the immigration bureaucracy inevitably selects a subset of deportable noncitizens for deportation. This... Read More

Texas v. USA, 14 F.4th 332, to be Reheard En Banc by CA5, Stay Lifted (Enforcement Priorities)
Posted on 1 Dec 2021 by Daniel M. Kowalski

Order : "A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard... Read More

DHS Begins Implementation of Immigration Enforcement Priorities
Posted on 29 Nov 2021 by Daniel M. Kowalski

DHS Office of Public Affairs, Nov. 29, 2021, email to stakeholders: "The Department of Homeland Security today announced it will begin implementation of the Guidelines for the Enforcement of Civil Immigration Law signed by Secretary of Homeland Security... Read More

DHS Issues New "Protected Area" Immigration Enforcement Guidelines
Posted on 28 Oct 2021 by Daniel M. Kowalski

DHS, Oct. 27, 2021 - Guidelines for Enforcement Actions in or Near Protected Areas "This memorandum provides guidance for ICE and CBP enforcement actions in or near areas that require special protection. It is effective immediately. This memorandum... Read More

DHS Ceases Mass Worksite Immigration Enforcement Operations
Posted on 12 Oct 2021 by Daniel M. Kowalski

DHS, Oct. 12, 2021 "The deployment of mass worksite operations, sometimes resulting in the simultaneous arrest of hundreds of workers, was not focused on the most pernicious aspect of our country's unauthorized employment challenge: exploitative... Read More

Posted on 16 Sep 2021 by Daniel M. Kowalski

NIPNLG, Sept. 16, 2021 "Yesterday the Fifth Circuit stayed a district court order that would have halted much of the Biden Administration’s interim enforcement priorities. Though the Fifth Circuit left narrow portions of the order in place... Read More

CA5 Issues Partial Stay in TX v. USA
Posted on 15 Sep 2021 by Daniel M. Kowalski

TX v. USA, Sept. 15, 2021 "[T]he United States has shown a likelihood of prevailing on appeal to the extent the preliminary injunction prevents officials from relying on the memos’ enforcement priorities for nondetention decisions. ... We... Read More

Court Enjoins Civil Immigration Enforcement Priorities Memos
Posted on 19 Aug 2021 by Daniel M. Kowalski

TX v. US, Aug. 19, 2021 "[T]he Court GRANTS the States’ Motion for Preliminary Injunction. (Dkt. No. 18). Therefore, it is hereby ORDERED that: 1. Defendants and all their respective officers, agents, servants, employees, attorneys, and other... Read More

Immigration Enforcement Spending and Practices Attract Scrutiny
Posted on 29 Jun 2020 by Daniel M. Kowalski

Muzaffar Chishti and Jessica Bolter, MPI, June 25, 2020 "...[T]he muscular nature and shielding from accountability that Americans have come to accept as problematic—and increasingly unacceptable—with respect to local law enforcement... Read More

Developments in the Law: Immigrant Rights & Immigration Enforcement
Posted on 21 Apr 2013 by Daniel M. Kowalski

126 Harv. L. Rev. 1565 (Spring 2013) Introduction Chapter One: Plenary Power, DOMA, and Executive Deference Chapter Two: State and Local Regulation of Unauthorized Immigrant Employment Chapter Three: The Role of the Exclusionary Rule in... Read More

A Modest (April Fools' Day) Proposal for Immigration Enforcement
Posted on 31 Mar 2012 by Daniel M. Kowalski

April 1, 2012: "Jonathan O. Kelly" (pen name for a long-time observer of immigration law and policy,) the fictional "Director of Policy Evaluation" for the equally fictional "Legal Immigration and Economic Research Institute,"... Read More