Immigration Law

Recent Posts

Immigrants in the Military: Margaret D. Stock's Veterans Day Speech
Posted on 16 Nov 2022 by Daniel M. Kowalski

MacArthur Foundation Fellow (and Bender's Immigration Bulletin Editorial Board Member) Margaret D. Stock gave this speech in Anchorage on Nov. 10, 2022. Read More

GAO on Military Naturalizations
Posted on 15 Sep 2022 by Daniel M. Kowalski

GAO, Sept. 14, 2022 "Noncitizens have a long history of serving in the military. Over 100,000 noncitizens joined the military from fiscal years 2010 through 2021. The Immigration and Nationality Act authorizes the expedited naturalization of current... Read More

AILA MAP Victory: USCIS Updates Interpretation of “Under Honorable Conditions” for Military Naturalization
Posted on 2 Aug 2022 by Daniel M. Kowalski

USCIS, Aug. 2, 2022 "U.S. Citizenship and Immigration Services is publishing an update to its Policy Manual to clarify that a current or former service member who received an uncharacterized discharge may be eligible for naturalization under sections... Read More

Letter to Biden: Fix Military Naturalization Now!
Posted on 29 Jun 2022 by Daniel M. Kowalski

ACLU, June 28, 2022 "We write to express our concerns about Department of Defense practices that continue to frustrate the expedited naturalization of immigrants currently serving in the U.S. military. We ask for your assistance to ensure the Defense... Read More

ICE Directive Considers Military Service (May 23, 2022)
Posted on 9 Jun 2022 by Daniel M. Kowalski

ICE, May 23, 2022 - Consideration of U.S. Military Service When Making Discretionary Determinations with Regard to Enforcement Actions Against Noncitizens "It is ICE policy to consider a noncitizen's U.S. military service when deciding whether... Read More

Tags: military , ICE

Under Legal Pressure, Navy Resumes Sec. 329 Expedited Natz
Posted on 31 Mar 2022 by Daniel M. Kowalski

[As Margaret Stock notes, this is due more to the Samma litigation than to executive action.] Brandie Nix, DVIDS, Mar. 29, 2022 "For the first time since 2017, Recruit Training Command (RTC) held a naturalization ceremony March 17, in which 25... Read More

USCIS Policy Alert: INA Sec. 320 Revision (Citizenship for Children of Military Members and Civil Servants Act)
Posted on 19 Sep 2020 by Daniel M. Kowalski

USCIS, Sept. 18, 2020 "On Sept. 18, we updated our policy guidance concerning residency requirements under section 320 of the Immigration and Nationality Act (INA) to comply with the requirements of the recently enacted Citizenship for Children... Read More

Military Naturalization Victory in DC: Samma v. DOD
Posted on 25 Aug 2020 by Daniel M. Kowalski

Samma v. DOD "The United States has a long history of allowing noncitizens to serve in its military and providing those who serve with an expedited path to citizenship. But in recent years, despite its need for noncitizen enlistees to fill its... Read More

The Impact of Current Immigration Policies on Service Members and Veterans, and their Families
Posted on 31 Oct 2019 by Daniel M. Kowalski

Oct. 29, 2019 - House Judiciary Committee, Immigration & Citizenship Subcommittee: 2.5 hr. video Links: Witnesses Mr. Hector Barajas-Varela Director and Founder, Deported Veterans Support House Barajas-Varela Testimony Barajas... Read More

USCIS to Tighten 'Residence' Definition for Citizenship
Posted on 28 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 28, 2019 SUBJECT: Defining “Residence” in Statutory Provisions Related to Citizenship Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address requirements... Read More

Trump to Terminate Military 'Parole in Place' Program
Posted on 27 Jun 2019 by Daniel M. Kowalski

Franco Ordoñez, NPR, June 27, 2019 "The Trump administration wants to scale back a program that protects undocumented family members of active duty troops from being deported, according to attorneys familiar with those plans. The attorneys... Read More

Noncitizens in the U.S. Military: Navigating National Security Concerns and Recruitment Needs
Posted on 22 May 2019 by Daniel M. Kowalski

Muzaffar Chishti, Austin Rose, and Stephen Yale-Loehr, May 2019 "Noncitizens have a long history of serving in the U.S. military, and in many periods, the promise of expedited naturalization has been used to encourage them to do so. More than 760... Read More

Military Lawyers to be Detailed to Border for Immigration Cases?
Posted on 29 Apr 2019 by Daniel M. Kowalski

Washington Post, Apr. 26, 2019 "Senior Defense Department officials have recommended that acting defense secretary Patrick Shanahan approve a new request from the Department of Homeland Security to provide military lawyers, cooks and drivers to... Read More

USCIS Set to Close Overseas Offices, Jeopardizing US Military Families
Posted on 12 Mar 2019 by Daniel M. Kowalski

Miriam Jordan, New York Times, Mar. 12, 2019 "The Trump administration is preparing to shutter many of its immigration operations abroad, cutting back on a key support system for those applying overseas to relocate to the United States. The director... Read More

Judge Nixes Military Roadblocks for Immigrants: Kuang v. DOD
Posted on 19 Nov 2018 by Daniel M. Kowalski

Nicholas Iovino, Courthouse News, Nov. 16, 2018 - "A federal judge on Friday blocked the Trump administration from enforcing a policy that allegedly treats non-citizens in the military as “second-class recruits” and prevents them from... Read More