Immigration Law

Recent Posts

On 'Remain in Mexico' and Leaving the Biden Administration: An Audio Interview with Stephanie Leutert
Posted on 2 Nov 2021 by Daniel M. Kowalski

Melissa del Bosque, The Border Chronicle, Nov. 2, 2021 " Until August, Stephanie Leutert served in the Biden administration as a senior adviser for migration policy at the U.S. Department of State’s Bureau of Population, Refugees, and Migration... Read More

DHS Issues A New Memo to Terminate MPP
Posted on 29 Oct 2021 by Daniel M. Kowalski

DHS, Oct. 29, 2021 "Secretary of Homeland Security Alejandro N. Mayorkas today issued a new memorandum announcing and explaining his decision to terminate the Migrant Protection Protocols (MPP) program. “This Administration is tackling... Read More

MPP (Remain in Mexico) Will Resume...Or Will It?
Posted on 15 Oct 2021 by Daniel M. Kowalski

Julia Ainsley, NBC News, Oct. 14, 2021 "After having lost a legal battle, the Biden administration tentatively plans a mid-November restart of a Trump-era policy that forces migrants seeking asylum to wait in Mexico for their U.S. immigration court... Read More

Threading the MPP ("Remain in Mexico") Needle: Not Rocket Science, But Tricky for Biden
Posted on 13 Sep 2021 by Daniel M. Kowalski

Rebecca Beitsch, The Hill, Sept. 12, 2021 "A string of recent court decisions has put President Biden in a predicament: Re-implement his predecessor's Remain in Mexico policy in good faith or turn to Trump-era tactics to dismantle the divisive... Read More

The Courts Restore the 'Remain in Mexico' Program: An End to Judicial Deference?
Posted on 3 Sep 2021 by Daniel M. Kowalski

Prof. Peter Margulies, Sept. 3, 2021 "The Supreme Court on Aug. 24 declined to stay an injunction by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas against the Biden administration’s termination of... Read More

Justice Alito Grants Short Stay in TX v. Biden (MPP)
Posted on 21 Aug 2021 by Daniel M. Kowalski

Here is the stay application, and here is the stay. Amy L. Howe has the story here . Read More

CA5 Denies Stay in MPP Case
Posted on 20 Aug 2021 by Daniel M. Kowalski

TX v. Biden, Aug. 19, 2021 "This case concerns the Migrant Protection Protocols (“MPP”) created by the Secretary of the Department of Homeland Security on December 20, 2018, and purportedly rescinded by DHS in a memorandum on June 1... Read More

David Isaacson on the MPP Decision
Posted on 19 Aug 2021 by Daniel M. Kowalski

David Isaacson, Aug. 18, 2021 "On Friday, August 13, U.S. District Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas issued an Opinion and Order ruling in favor of the states of Texas and Missouri in a lawsuit... Read More

Judge Enjoins Biden's Cancellation of MPP
Posted on 14 Aug 2021 by Daniel M. Kowalski

Texas v. Biden, Aug. 13, 2021 "1. Defendants and all their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby PERMANENTLY ENJOINED and RESTRAINED from implementing... Read More

EOIR MPP/MTR Policy Memo (June 24, 2021)
Posted on 25 Jun 2021 by Daniel M. Kowalski

EOIR, June 24, 2021 - Provides information regarding the adjudication of motions to reopen in Migrant Protection Protocols cases Read More

DHS Announces Expanded Criteria for MPP-Enrolled Individuals Who Are Eligible for Processing into the United States
Posted on 24 Jun 2021 by Daniel M. Kowalski

DHS, June 23, 2021 "As part of our continued effort to restore safe, orderly, and humane processing at the Southwest Border, DHS will expand the pool of MPP-enrolled individuals who are eligible for processing into the United States. Beginning... Read More

MPP Transfers Into United States Slow and Nationality Inequities Emerge: TRAC
Posted on 18 Jun 2021 by Daniel M. Kowalski

TRAC, June 17, 2021 "As of the end of May 2021, a total of 10,375 individuals formerly forced to remain in Mexico under the Migrant Protection Protocols (MPP) have been able to enter the United States since President Biden ended this Trump-era... Read More

ABA Joins Lawsuit to Protect Immigrant Children
Posted on 15 Feb 2021 by Daniel M. Kowalski

ABA, Feb. 12, 2021 "The American Bar Association today joined a lawsuit challenging federal government actions that effectively prevent many unaccompanied children who have suffered persecution and abuse in their home countries from securing all... Read More

7 MPP Orders Rescinded: Bollat Vasquez Preliminary Injunction
Posted on 14 Feb 2021 by Daniel M. Kowalski

ACLU Mass., Feb. 14, 2021 "Seven asylum-seekers, including children, will reunite with their families in Massachusetts and safely pursue their applications within the United States, in an ACLU victory against a Trump-era policy. U.S. District Court... Read More

Report: "Remain in Mexico" Program Harms Kids, Families
Posted on 6 Jan 2021 by Daniel M. Kowalski

Human Rights Watch, Jan. 6, 2021 "The United States government’s “Remain in Mexico” program subjects children and adults to serious, ongoing harm, including abduction and rape, and should be quickly and decisively dismantled,... Read More