Immigration Law

Recent Posts

New Mayorkas Prosecutorial Discretion Memo (Sept. 30, 2021; eff. Nov. 29, 2021)
Posted on 30 Sep 2021 by Daniel M. Kowalski

DHS, Sept. 30, 2021 "This memorandum provides guidance for the apprehension and removal of noncitizens. ... We will prioritize for apprehension and removal noncitizens who are a threat to our national security, public safety, and border security... Read More

Court Strikes Down Trump H-1B Lottery Rule; Wolf Not Lawfully Appointed
Posted on 16 Sep 2021 by Daniel M. Kowalski

Chamber of Commerce v. DHS, Sept. 15, 2021 "DHS confirmed at the hearing that Secretary Mayorkas has not ratified the Final Rule. Because Mr. Wolf was not lawfully appointed as Acting Secretary at the time the Final Rule was approved, the Court... Read More

Tags: mayorkas , wolf , H-1B , Trump , DHS

Mayorkas Terminates MPP
Posted on 2 Jun 2021 by Daniel M. Kowalski

DHS, June 1, 2021 - Termination of the Migration Protection Protocols Program "... Having now completed the further review undertaken pursuant to Executive Order 14010 to determine whether to terminate or modify MPP, and for the reasons outlined... Read More

Tags: mayorkas , mpp , DHS

Biden, Mayorkas Disappear Trafficking Victims Under Trump's Title 42 Order
Posted on 5 Apr 2021 by Daniel M. Kowalski

Tina Vásquez, April 1st, 2021 "A man calls the Phoenix Police Department on January 29—his uncle has been kidnapped. Smugglers are holding his uncle at a drop house. They had helped his uncle, a newly arrived undocumented immigrant... Read More

Tags: ACLU , Biden , mayorkas , Title 42 , CDC

Experts Advise Sec. Mayorkas on Discretion, Immigration Enforcement: Letter
Posted on 4 Feb 2021 by Daniel M. Kowalski

Over 120 law professors and experts, Feb. 2, 2021 "On Day 1 of the Biden-Harris administration, the White House and the Department of Homeland Security (DHS) issued an Executive Order and a memorandum intending to restore the use of humane and... Read More

USCIS, America's Immigration Cutcherry, Adopts New Procedures as the Boss Readies for a Move Upstairs
Posted on 8 Jul 2013 by Daniel M. Kowalski

" I've long admired Director Mayorkas for his sincerity, diligence, commitment, intelligence, elocution, rhetorical flourishes and wit. He has faced his challenges from within and without , and addressed them with his resolute energy and drive... Read More

Supreme Court Grants Cert. in CSPA Case: Mayorkas v. Cuellar de Osorio
Posted on 24 Jun 2013 by Daniel M. Kowalski

The order list granting ten cases for nine arguments, including on the issues of recess appointments and abortion protests, is here. Issue: (1) Whether Section 1153(h)(3) of the Immigration and Nationality Act– which provides rules for determining... Read More

Supreme Court Brief in Mayorkas v. Cuellar de Osorio (CSPA)
Posted on 28 May 2013 by Daniel M. Kowalski

"Respondents are law-abiding noncitizens who sought, through their U.S. citizen relatives, to immigrate to this country with their minor children, as the law permits. They waited patiently for years, in some cases decades, for visas to become available... Read More

Conversations with the Director: Mayorkas on EB-5
Posted on 17 Nov 2011 by Daniel M. Kowalski

"On September 14, 2011, USCIS Director Alejandro Mayorkas held the first in a series of small group discussions called Conversations with the Director. The first in this series of engagements focused on the EB-5 immigrant investor program and provided... Read More

Tags: eb-5 , mayorkas , USCIS

Prerna Lal Reports from the Supreme Court on Mayorkas v. Cuellar de Osorio
Posted on 11 Dec 2013 by Daniel M. Kowalski

"A major storm was supposed to take over the District of Columbia today. While the federal and District government closed down in anticipation of bad weather, I trudged along to the U.S. Supreme Court to hear oral arguments in Mayorkas v. de Osorio... Read More

Current and Former Members of Congress to Supremes: The CSPA Means What We Said!
Posted on 25 Nov 2013 by Daniel M. Kowalski

"Amici curiae are a bipartisan coalition of Members of Congress who were serving in 2002, when the Child Status Protection Act (CSPA) was passed. The Members care deeply about the preservation of family unity among immigrant families and the fairness... Read More

Oral Argument Recapitulation: Mayorkas v. Cuellar de Osorio
Posted on 12 Dec 2013 by Daniel M. Kowalski

"[T]he Court heard oral arguments in Mayorkas v. Cuellar de Osorio , a case raising a technical issue of statutory construction of the complex U.S. immigration laws. The specific question presented by the case is whether a provision of the Immigration... Read More