Immigration Law

Recent Posts

The Role of Federal Courts in Coronavirus-Related Immigration Detention Litigation
Posted on 2 Jul 2020 by Daniel M. Kowalski

Aditi Shah, June 29, 2020 "From the outset, the coronavirus pandemic posed a unique and immediate threat to incarcerated people—including noncitizens in civil immigration detention. As the pandemic goes on, lawsuits have proliferated across... Read More

Immigration Detention and Release Policies Fatally Flawed
Posted on 5 May 2020 by Daniel M. Kowalski

Donald Kerwin, May 2, 2020 "In late March, I argued in an earlier version of this paper that the US Department of Homeland Security (DHS) should immediately embark on an aggressive program of release, supervised release and alternative-to-detention... Read More

Ongoing Immigration Detention Litigation Amid COVID-19
Posted on 6 Apr 2020 by Daniel M. Kowalski

Kim Langona, Apr. 3, 2020 "On March 11, 2020, the World Health Organization officially declared COVID-19 a global pandemic. Two days later, President Trump declared a national emergency over the COVID-19 outbreak. To date, the Centers for Disease... Read More

ICE Just Quietly Opened Three New Detention Centers, Flouting Congress’ Limits
Posted on 10 Jul 2019 by Daniel M. Kowalski

Noah Lanard, Mother Jones, July 9, 2019 "When members of Congress reached a bipartisan deal to end the government shutdown in February, they gave Immigration and Customs Enforcement a simple instruction: Stop detaining so many people. Instead,... Read More

CA2 on Medical Care in Immigration Detention: Charles v. Orange County
Posted on 24 May 2019 by Daniel M. Kowalski

Charles v. Orange County "Plaintiffs-Appellants Michelet Charles and Carol Small were formerly civil immigration detainees at the Orange County Correctional Facility, where they were treated for serious mental illnesses. They instituted this civil... Read More

Alternatives to Immigrant Incarceration: A Better Way
Posted on 24 Apr 2019 by Daniel M. Kowalski

David Secor, Heidi Altman and Tara Tidwell Cullen of the National Immigrant Justice Center (NIJC), April 2019 "As the Trump administration seeks to indefinitely detain asylum seekers and continues its rapid expansion of its immigration prison system... Read More

CADC on Detention, Bail Reform Act: US v. Vasquez-Benitez
Posted on 26 Mar 2019 by Daniel M. Kowalski

US v. Vasquez-Benitez "[W]e affirm the district court order releasing Vasquez-Benitez from pre-trial custody under the Bail Reform Act but vacate its order prohibiting the U.S. Marshal from delivering Vasquez-Benitez to the custody of Immigration... Read More

Groups Demand Release of Infants from Immigration Jails
Posted on 1 Mar 2019 by Daniel M. Kowalski

AIC, AILA, CLINIC Legal, Feb. 28, 2019 "We write to bring your attention to an alarming increase in the number of infants being held in Immigration and Customs Enforcement (ICE) custody. As of today, there are at least nine infants under one year... Read More

Habeas Victory in NYC: Kouadio v. Decker
Posted on 28 Dec 2018 by Daniel M. Kowalski

Adam Klasfeld, Courthouse News, Dec. 27, 2018 - "An Ivorian asylum seeker who has spent nearly three years behind bars gained a chance at freedom Thursday after a federal judge blasted his continuing detention as an affront to democratic society... Read More

Migrant Kids Behind Bars a 'Moral Disaster' - AP Report
Posted on 20 Dec 2018 by Daniel M. Kowalski

Garance Burke and Martha Mendoza, Associated Press, Dec. 19, 2018 - "Decades after the U.S. stopped institutionalizing kids because large and crowded orphanages were causing lasting trauma, it is happening again. The federal government has placed... Read More

The Landscape of Immigration Detention in the United States
Posted on 11 Dec 2018 by Daniel M. Kowalski

Emily Ryo, J.D., Ph.D. and Ian Peacock, M.A., December 5, 2018 - "On any given day, U.S. Immigration and Customs Enforcement (ICE) detains tens of thousands of individuals who are accused of violating U.S. immigration laws. ICE currently relies on... Read More

Immigration Private Prison Litigation Expands to New Mexico: Ndambi v. CoreCivic
Posted on 16 Nov 2018 by Daniel M. Kowalski

Prof. Jacqueline Stevens, Nov. 16, 2018 -"CoreCivic, aka CCA, Sued in New Mexico for Exploiting People Held during Immigration Proceedings "CoreCivic profits from its operation of Cibola by relying heavily on a captive workforce... Read More

Supreme Court Oral Argument Preview: Nielsen v. Preap
Posted on 4 Oct 2018 by Daniel M. Kowalski

The Supreme Court will hear oral argument on October 10, 2018 in the case of Nielsen v. Preap. Jennifer M. Chacón , Professor of Law at UCLA School of Law, has this argument preview for SCOTUSblog: Justices once again consider proper scope of... Read More

Teen Taken at U.S. Border Tells of ‘Icebox’ Cages With 60 Girls
Posted on 5 Jul 2018 by Daniel M. Kowalski

Erik Larson, Bloomberg, July 3, 2018 - "A 15-year-old girl who was forcibly separated from her mother after fleeing to the U.S. from El Salvador described to a Washington State investigator how she was crammed into a windowless room with 60 other... Read More

Bond Victory in San Francisco: Liborio Ramos v. Sessions
Posted on 16 Mar 2018 by Daniel M. Kowalski

Pangea Legal, Mar. 15, 2018 - "On Wednesday, March 14, 2018, Pangea client, Floricel Liborio Ramos, was freed from immigration detention after substantial litigation , multiple appeals, and requests for her release. Today, on her first day free after... Read More