Immigration Law

Recent Posts

Trump Lumps All Immigrants Together at America's Risk
Posted on 4 Jan 2018 by Daniel M. Kowalski

Prof. Stephen H. Legomsky, Jan. 4, 2018 - "As we approach the first anniversary of the Trump presidency, a clear pattern emerges. A Muslim immigrant and her U.S.-born husband kill civilians. Candidate Donald Trump's reaction was to propose... Read More

Unpacking the Fifth Circuit's Nov. 9, 2015 Decision in Texas v. USA
Posted on 12 Nov 2015 by Daniel M. Kowalski

To fully understand the Fifth Circuit's Nov. 9, 2015 decision in Texas v. USA, one simply must read these two pieces: Judicial Energy and the Supreme Court , by Linda Greenhouse ; and On-Line Symposium on Texas v. United States , by Stephen... Read More

Trump Expected to Sign Executive Actions on Immigration Wednesday - Reuters Exclusive
Posted on 25 Jan 2017 by Daniel M. Kowalski

Julia Edwards Ainsley, Reuters, Jan. 24, 2017 - "U.S. President Donald Trump is expected to sign several executive orders on Wednesday restricting immigration from Syria and six other Middle Eastern or African countries, according to several congressional... Read More

Texas v. USA Oral Argument Preview
Posted on 16 Apr 2015 by Daniel M. Kowalski

"Judge Hanen’s rulings on both the standing and the APA issues — specifically, that DACA and DAPA are not discretionary and thus require notice and comment rulemaking under the APA — cannot be squared with either the evidence in... Read More

Legomsky: Presidential Authority for DAPA/DACA Clear (House Testimony)
Posted on 27 Feb 2015 by Daniel M. Kowalski

"Like the overwhelming majority of other immigration law professors and scholars, I believe that the legal authority for both the Prosecutorial Discretion Memo and the DACA/DAPA Memo is clear. There are Congress’s express assignment of responsibility... Read More

When a Judge is Out of Control - Stephen Legomsky
Posted on 3 Jun 2016 by Daniel M. Kowalski

Stephen Legomsky, June 3, 2016 - "Soon the Supreme Court is expected to hand down a decision in U.S. v. Texas, the lawsuit challenging President Obama’s executive actions on immigration. In the meantime, Judge Andrew Hanen, the federal judge... Read More

Tags: daca , hanen , dapa , legomsky , Texas

Legomsky on USA v. Texas - The Stakes Go Far Beyond Immigration
Posted on 22 Jan 2016 by Daniel M. Kowalski

Stephen Legomsky, Jan. 21, 2016 - "On Tuesday the Supreme Court agreed to decide whether a single state can sue the federal government to block the government's setting of immigration enforcement priorities nationwide. The stakes are momentous... Read More

Legal Scholars: DAPA Could Be Broader
Posted on 5 Dec 2014 by Daniel M. Kowalski

"We write as law professors with particular expertise in the interaction of executive action and immigration law to clarify that there is no legal requirement that the executive branch limit deferred action or any other exercise of prosecutorial... Read More

Cyrus Mehta: Were the DOJ Lawyers Really Unethical in Texas v. USA?
Posted on 4 Jun 2016 by Daniel M. Kowalski

Cyrus Mehta, June 4, 2016 - "Judge Hanen’s order dated May 19, 2016 reprimanding thousands of Department of Justice lawyers for unethical conduct is astounding because it does not even appear that their conduct was unethical. Much has already... Read More

Tags: daca , mehta , hanen , dapa , legomsky , ethics , Texas

Legal Authorities for Executive Action on Immigration
Posted on 18 Nov 2014 by Daniel M. Kowalski

"This memo summarizes (1) the statutory basis for deferred action generally; (2) the statutory basis for work permits generally; (3) the regulations that specifically authorize work permits for deferred action recipients; and (4) the court decisions... Read More

Will POTUS Pardon Immigrants?
Posted on 16 Jan 2017 by Daniel M. Kowalski

Prof. Peter L. Markowitz writes: "I wanted to draw your attention to a piece posted today [Jan. 16, 2017] on the Huffington Post by Prof. Stephen Legomsky urging President Obama to use his last few days in office to issue a categorical pardon protecting... Read More

Tags: Obama , legomsky , pardon , potus

Stephen H. Legomsky Appointed USCIS Chief Counsel
Posted on 5 Oct 2011 by Daniel M. Kowalski

"Stephen H. Legomsky, JD, DPhil, the John S. Lehmann University Professor at the School of Law at Washington University in St. Louis, has been appointed chief counsel for the U.S. Citizenship and Immigration Services (USCIS), effective Oct... Read More

Legomsky on Legality of DAPA, Expanded DACA (Senate Testimony)
Posted on 22 Feb 2015 by Daniel M. Kowalski

"Several members of this committee have publicly expressed concerns about the views of Attorney General nominee Loretta Lynch as to the legality of President Obama’s recently- announced executive actions on immigration. I have studied these... Read More

Legomsky and Yale-Loehr File Amicus Brief in Jennings v. Rodriguez
Posted on 14 Feb 2017 by Daniel M. Kowalski

Cornell law Prof. Stephen W. Yale-Loehr writes: "Steve Legomsky and I signed the attached amicus brief in Jennings v. Rodriguez , the immigration detention bond case now pending before the Supreme Court. An excellent team at Ropes & Gray did... Read More