Immigration Law

Recent Posts

ICE Records Received Through FOIA Confirm Need for Increased Oversight of Agency’s Arbitrary and Unfair Parole Decisions for Asylum Seekers
Posted on 23 Sep 2021 by Daniel M. Kowalski

Human Rights First, Sept. 23, 2021 "Records received by Human Rights First from Immigration and Customs Enforcement (ICE) through a Freedom of Information Act (FOIA) request show that the agency systematically and arbitrarily failed to release... Read More

Tags: parole , ICE , asylum

Afghan Parolee Support Program
Posted on 3 Sep 2021 by Daniel M. Kowalski

Aug. 24, 2021, exact source unknown "Agencies submitting proposals for the FY 2021- FY 2022 Afghan Parolee Support (APS) Program should consider the following guidance as they plan for and prepare to serve Afghan parolees under the APS program... Read More

Tags: afghans , parole

Expert: Biden Can Use Parole Authority to Help Afghans
Posted on 20 Aug 2021 by Daniel M. Kowalski

Aline Barros, VOA, Aug. 19, 2021 "Despite round-the-clock efforts by the military to evacuate Afghans loyal to the United States in the wake of the Taliban takeover of Afghanistan just days ago, immigration experts say it is unknown how many of... Read More

DHS Announces Continuation of International Entrepreneur Parole Program
Posted on 10 May 2021 by Daniel M. Kowalski

USCIS, May 10, 2021 "U.S. Citizenship and Immigration Services announced today that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS... Read More

Miami IJ Cole: ROR is Parole
Posted on 7 Jan 2021 by Daniel M. Kowalski

In a remarkable 24-page interlocutory decision dated January 4, 2021 , Miami Immigration Judge Timothy M. Cole finds that release on recognizance is parole. He certified his decision up to the BIA. Hats way off to Mark A. Prada ! Read More

Tags: parole

Edlow on Parole, HFRP, FWVP
Posted on 28 Dec 2020 by Daniel M. Kowalski

In this Federal Register notice , Joseph Edlow, USCIS Deputy Director for Policy explains why "parole of an alien may not actually be yielding any significant public or humanitarian benefit." We have 60 days to file comments. Read More

Tags: Edlow , hfrp , parole , USCIS , fwvp

USCIS Ending Two Categorical Parole Programs
Posted on 23 Dec 2020 by Daniel M. Kowalski

USCIS, Dec. 23, 2020 " In keeping with the agency’s August 2019 announcement , U.S. Citizenship and Immigration Services today announced a Federal Register notice requesting public comments on revisions to Form I-131, Application for Travel... Read More

Tags: parole , USCIS

For USCIS, Parole Does Not Mean Parole: Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020)
Posted on 2 Sep 2020 by Daniel M. Kowalski

USICS, Aug. 20, 2020 "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision. Accordingly, this Adopted Decision shall be used to guide determinations... Read More

Tags: tps , AAO , MTINA , parole , USCIS

Parole Into Guam Rescinded for Certain Russians
Posted on 3 Sep 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 "Under discretionary parole policies, Department of Homeland Security (DHS) has granted parole on a case-by-case basis to nationals of the Russian Federation (Russia) to enter Guam... Read More

Tags: Guam , parole , Russia , DHS

New USCIS EAD Policy for Parolees (Aug. 19, 2019)
Posted on 19 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 19, 2019, PA-2019-04 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address USCIS’ discretion to grant employment authorization to foreign nationals paroled into the... Read More

Tags: ead , parole , USCIS

USCIS to End Certain Categorical Parole Programs
Posted on 2 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 2, 2019 "U.S. Citizenship and Immigration Services (USCIS) today announced its intention to terminate two categorical parole programs, consistent with Executive Order (E.O.) 13767, Border Security and Immigration Enforcement Improvements... Read More

Tags: parole , USCIS

ICE Interim Parole Guidance for Implementation of Matter of M-S - July 15, 2019
Posted on 22 Jul 2019 by Daniel M. Kowalski

ICE, July 15, 2019 Interim Guidance for Implementation of Matter of M-S, 27 I&N Dec. 509 (A.G. 2019) During the Stay of the Modified Nationwide Preliminary Injunction in Padilla v. ICE, No. 18-928, 2019 WL 2766720 (W.D. Wash. July 2, 2019): Parole... Read More

Tags: parole , ICE

ACLU of La. and SPLC Sue Trump Administration for Illegally Denying Parole to Asylum Seekers
Posted on 31 May 2019 by Daniel M. Kowalski

ACLU, May 30, 2019 "The SPLC and the American Civil Liberties Union of Louisiana filed suit today against the Trump administration for categorically denying release to hundreds of people who are languishing in immigration prisons after lawfully... Read More

Matter of M-S- and the Continuing Battle Over ‘Zero Tolerance’
Posted on 30 May 2019 by Daniel M. Kowalski

Andrew Patterson, May 29, 2019 "Asylum seekers who have passed their credible fear interviews—those whom immigration officers find have viable asylum claims—may no longer have access to an important protection against prolonged imprisonment... Read More

A.G. Barr Overrules Matter of X-K-, Delays Effective Date 90 Days: Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
Posted on 16 Apr 2019 by Daniel M. Kowalski

Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019) (1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing... Read More