Immigration Law

Recent Posts

Justice Barrett and the Fate of the Mayorkas Prosecutorial Discretion Memo
Posted on 17 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Aug. 16, 2022 "On July 21, 2022, the Supreme Court granted certiorari in United States v. Texas , which involves a challenge to the U.S. Immigration and Customs Enforcement (ICE) enforcement priorities as originally... Read More

ICE Prosecutorial Discretion Update
Posted on 26 Jul 2022 by Daniel M. Kowalski

ICE PLA PD web page How does the Vacatur of DHS’ Civil Immigration Enforcement Priorities Impact the U.S. Immigration and Customs Enforcement (ICE), Office of the Principal Legal Advisor’s (OPLA) Prosecutorial Discretion Determinations?... Read More

Border/Lines on US v. Texas
Posted on 25 Jul 2022 by Daniel M. Kowalski

Border/Lines, July 25, 2022 "In a short writ of certiorari agreeing to hear the United States v. Texas case next term, which involves the Biden administration’s immigration priorities, the Supreme Court declined to stay a lower court injunction... Read More

NILC: What You Need to Know About DOL's FAQ Regarding Immigration-Related Prosecutorial Discretion
Posted on 15 Jul 2022 by Daniel M. Kowalski

NILC, July 2022 "On July 6, 2022, the U.S. Department of Labor (DOL) issued guidance in the form of a Frequently Asked Questions (FAQ) document titled “Process for Requesting Department of Labor Support for Requests to the Department of Homeland... Read More

DOL POSTS PROCESS FOR SEEKING ITS SUPPORT FOR IMMIGRATION-RELATED PROSECUTORIAL DISCRETION DURING LABOR DISPUTES
Posted on 7 Jul 2022 by Daniel M. Kowalski

DOL, July 6, 2022 "The U.S. Department of Labor today posted a Frequently Asked Questions document to provide workers experiencing a worksite labor dispute with guidance on how to seek the department’s support for their requests to the Department... Read More

Expert: Court Ruling Will Sow Fear
Posted on 28 Jun 2022 by Daniel M. Kowalski

Philip Marcelo, Amy Taxin, Associated Press, June 28, 2022 "The Biden administration, reacting to a federal court ruling in Texas, has suspended an order that had focused resources for the arrest and deportation of immigrants on those who are considered... Read More

Court Order Threatens Deportation for Millions
Posted on 27 Jun 2022 by Daniel M. Kowalski

Miriam Jordan, New York Times, June 25, 2022 "A Biden administration policy that prioritized the arrest of undocumented immigrants who are considered a threat to public safety and national security has been suspended as of Saturday, rendering millions... Read More

Practice Advisory: Advocating for Prosecutorial Discretion in Removal Proceedings Under the Doyle Memo
Posted on 23 Jun 2022 by Daniel M. Kowalski

NIPNLG, ILRC, June 21, 2022 "... The guidance in the Doyle memo covers various decisions made by OPLA attorneys in removal proceedings, particularly regarding filing Notices to Appear (NTAs), dismissal of proceedings, administrative closure, stipulations... Read More

NIPNLG Practice Alert: Judge Tipton Issues Decision Vacating Mayorkas Enforcement Priorities Memo
Posted on 16 Jun 2022 by Daniel M. Kowalski

NIPNLG, June 15, 2022 "... Importantly, the earliest Judge Tipton’s order could take effect is Monday, June 27, 2022. The government has filed a notice of appeal and Judge Tipton has entered a temporary stay of the order to allow the government... Read More

Ethical Considerations when ICE Moves to Dismiss Removal Proceedings under the Doyle Prosecutorial Discretion Memo
Posted on 9 May 2022 by Daniel M. Kowalski

Cyrus Mehta and Kaitlyn Box, May 9, 2022 "On April 3, 2022 the U.S. Immigration and Custom Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) Kerry E. Doyle issued a memorandum (“the Doyle memo”) which empowers ICE attorneys... Read More

ICE Issues New Prosecutorial Discretion Memo (Apr. 3, 2022)
Posted on 5 Apr 2022 by Daniel M. Kowalski

Kerry E. Doyle, ICE Principal Legal Advisor, Apr. 3, 2022 "... I am providing this guidance to the U.S. Immigration and Custom Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) attorneys assigned to handle proceedings before the Executive... Read More

Prosecutorial Discretion Webinar, Apr. 8, 2022
Posted on 29 Mar 2022 by Daniel M. Kowalski

University of Houston Law Center - Prosecutorial Discretion (PD) in the Immigration Context: Advantages, Tactics, and Logistics "Policy changes brought by the Biden Administration reintroduced Prosecutorial Discretion (PD) as an option for immigrant... Read More

Court Blocks DHS Enforcement Memo: Arizona v. Biden
Posted on 22 Mar 2022 by Daniel M. Kowalski

Arizona v. Biden "It is hereby ORDERED that: 1. Pursuant to Fed. R. Civ. P. 65(a), Defendants United States Department of Homeland Security, Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, all their... Read More

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