Immigration Law

Recent Posts

IJs Allow Asylum-Seekers to Remain in USA
Posted on 26 Aug 2022 by Daniel M. Kowalski

URIEL J. GARCÍA, Texas Tribune, AUG. 26, 2022 "Willian woke up before dawn on a recent Tuesday, packed his legal documents into a blue folder and got in a van with other migrants to one of the international bridges that connect El Paso and... Read More

Judge Vacates Injunction, Clearing Way for Remain in Mexico Wind Down
Posted on 9 Aug 2022 by Daniel M. Kowalski

CGRS, Aug. 8, 2022 " A federal judge has vacated the injunction that forced the government to revive the Trump-era Remain in Mexico policy, which the government concluded had inflicted “unjustifiable human costs.” This officially clears... Read More

Supreme Court Eases Biden’s Way to Ending “Remain in Mexico” Program, but Termination Is Not a Done Deal
Posted on 7 Jul 2022 by Daniel M. Kowalski

Prof. Peter Margulies, Lawfare, July 7, 2022 "In a 5-4 decision on June 30, the Supreme Court cleared away a major obstacle to the Biden administration ending the Trump administration’s “Remain in Mexico” program (officially called... Read More

Supreme Court, 5-4: Biden v. Texas (MPP; Remain in Mexico)
Posted on 30 Jun 2022 by Daniel M. Kowalski

Biden v. Texas - 20 F. 4th 928, reversed and remanded. ROBERTS, C. J., delivered the opinion of the Court, in which BREYER, SOTOMAYOR, KAGAN, and KAVANAUGH, JJ., joined. KAVANAUGH, J., filed a concurring opinion. ALITO, J., filed a dissenting opinion... Read More

Few Granted Asylum Under MPP 2.0
Posted on 15 Jun 2022 by Daniel M. Kowalski

TRAC, June 14, 2022 "Case-by-case Immigration Court records current as of the end of May 2022 show that during the last six months, over 5,000 asylum seekers have been required to remain in Mexico under the Migrant Protection Protocols (MPP) while... Read More

Supremes Order More Briefing in Biden v. Texas (MPP)
Posted on 3 May 2022 by Daniel M. Kowalski

Amy L. Howe, May 3, 2022 "Six days after hearing oral argument in the challenge to the Biden administration’s effort to unwind the “remain in Mexico” immigration policy, the Supreme Court on Monday called for more briefing. In... Read More

Orantes Lives!
Posted on 30 Apr 2022 by Daniel M. Kowalski

NILC, Apr. 28, 2022 - Federal Court Rules that Government Actions Under Remain in Mexico are Subject to Orantes Injunction "A federal district court on Wednesday ordered the U.S. government to turn over information sought by advocates on whether... Read More

Supreme Court Grants Cert. in Biden v. Texas (MPP)
Posted on 20 Feb 2022 by Daniel M. Kowalski

Amy L. Howe, Feb. 18, 2022 "The Supreme Court on Friday afternoon agreed to decide whether the Biden administration must continue to enforce the Trump-era program known as the “remain in Mexico” policy, which requires asylum seekers... Read More

Ending the Remain in Mexico Program: Judging the Boundaries of Executive Discretion
Posted on 21 Jan 2022 by Daniel M. Kowalski

Prof. Peter Margulies, Lawfare, Jan. 20, 2022 "In an important decision on Dec. 13, 2021, in Texas v. Biden (Biden II), the U.S. Court of Appeals for the Fifth Circuit rejected the Biden administration’s latest bid to end the “ Remain... Read More

"Remain in Mexico" Reboots
Posted on 4 Jan 2022 by Daniel M. Kowalski

Kate Morrissey, San Diego Union Tribune, Jan. 3, 2022 "San Diego on Monday became the second U.S. border city where federal officials restarted the “Remain in Mexico” program. No asylum seekers were immediately returned to Tijuana to... Read More

Migrant Kidnappings in Nuevo Laredo During MPP and Title 42
Posted on 20 Dec 2021 by Daniel M. Kowalski

Stephanie Leutert, Strauss Center, Dec. 2021 "Every day, U.S. Customs and Border Protection (CBP) officers send individuals into Mexican border cities, including the city of Nuevo Laredo, Tamaulipas, across the border from Laredo, Texas. These... Read More

CA5 on MPP: Texas v. Biden
Posted on 14 Dec 2021 by Daniel M. Kowalski

Texas v. Biden "On the merits, the Termination Decision was arbitrary and capricious under the APA. That Act, among other things, requires courts to set aside agency actions that overlook relevant issues or inadequately explain their conclusions... Read More

Round Table of Former Immigration Judges on the Restarting of MPP
Posted on 6 Dec 2021 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Dec. 6, 2021 "The Round Table of Former Immigration Judges is a group of 51 former Immigration Judges and Members of the Board of Immigration Appeals who are committed to the principles of due process, fairness, and transparency... Read More

Court-Ordered Reimplementation of MPP Policy Guidance (DHS, Dec. 2, 2021)
Posted on 2 Dec 2021 by Daniel M. Kowalski

DHS, Dec. 2, 2021 "As required by a federal court order, the Department of Homeland Security (DHS) has been working in good faith to re-implement the Migrant Protection Protocols (MPP) program. On December 2, 2021, in coordination with the Departments... Read More