Immigration Law

Recent Posts

Barrett's Textualism Could Doom Immigration Challenges (Law360)
Posted on 29 Sep 2020 by Daniel M. Kowalski

Suzanne Monyack, Law360, Sept. 28, 2020 "U.S. Supreme Court nominee Amy Coney Barrett's tendency to defer to the executive branch's authority could pave the way for the Trump administration to prevail against challenges to its immigration... Read More

DOS Update on Public Charge (Aug. 7, 2020)
Posted on 7 Aug 2020 by Daniel M. Kowalski

State Department, Aug. 7, 2020 "On Wednesday, July 29, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing, or treating as effective” the Department’s... Read More

CA2 Affirms But Limits Public Charge Injunction: NY v. DHS
Posted on 4 Aug 2020 by Daniel M. Kowalski

NY v. DHS "We agree with the district court that a preliminary injunction is warranted, but modify the scope of the injunctions to cover only the states of New York, Connecticut, and Vermont. The orders of the district court are thus AFFIRMED AS... Read More

USCIS Caves on Public Charge...For Now
Posted on 1 Aug 2020 by Daniel M. Kowalski

USCIS, July 31, 2020 "On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security... Read More

NILC on Public Charge Injunctions
Posted on 30 Jul 2020 by Daniel M. Kowalski

NILC, July 29, 2020 "Today, a Manhattan federal court issued two nationwide injunctions temporarily blocking the Trump administration’s “public charge” rules. An injunction issued against the U.S. Department of Homeland Security... Read More

USCIS "Public Charge" Policy Manual Update (June 16, 2020)
Posted on 17 Jun 2020 by Daniel M. Kowalski

USCIS, June 16, 2020 "This technical update removes the WA Food Assistance Program for Legal Immigrants from the list of examples of state, local, and tribal cash assistance programs that are considered income maintenance for purposes of the public... Read More

CA7 Upholds Public Charge Injunction: Cook County v. Wolf
Posted on 11 Jun 2020 by Daniel M. Kowalski

Cook County v. Wolf "Recently...the Department of Homeland Security (DHS) issued a new rule designed to prevent immigrants whom the Executive Branch deems likely to receive public assistance in any amount, at any point in the future, from entering... Read More

COVID-19 Stimulus Package: What CARES Act Rebates Mean for Immigrants
Posted on 6 Apr 2020 by Daniel M. Kowalski

Agustin Martinez, Apr. 5, 2020 "Across the globe, the COVID-19 pandemic has devastated many lives, [1] including those of immigrants living in the United States. [2] U.S. Citizenship and Immigration Services (“USCIS”) recently announced... Read More

Free 'Public Charge' Webinar
Posted on 31 Mar 2020 by Daniel M. Kowalski

Cornell Law School, together with other Cornell departments and Catholic Charities of Tompkins/Tioga counties, offer a free webinar on the new public charge rule affecting immigrants. The webinar is on Monday, April 13, from noon-1 pm Eastern time.... Read More

USCIS on COVID-19, Public Charge
Posted on 17 Mar 2020 by Daniel M. Kowalski

USCIS, Mar. 13, 2020 "USCIS encourages all those, including aliens, with symptoms that resemble Coronavirus Disease 2019 (COVID-19) (fever, cough, shortness of breath) to seek necessary medical treatment or preventive services. Such treatment or... Read More

Public Charge Rule Will Reduce Legal Immigration by Over 30% and Hurt Labor Force Growth
Posted on 25 Feb 2020 by Daniel M. Kowalski

NFAP, Feb. 24, 2020 "The public charge rule, which goes into effect today, and other Trump administration policies are projected to reduce the annual level of legal immigration to the United States by 30%, resulting in 350,000 fewer legal immigrants... Read More

USCIS on Public Charge (Feb. 24, 2020)
Posted on 24 Feb 2020 by Daniel M. Kowalski

On Feb. 24, 2020 USCIS issued this Policy Alert and updated its Public Charge web page and Policy Manual . Read More

Sotomayor's Powerful Dissent
Posted on 23 Feb 2020 by Daniel M. Kowalski

On February 21, 2020 the Supreme Court, 5-4, allowed the government to implement the public charge regulation in Illinois , while litigation continues. Justice Sonia Sotomayor filed a powerful dissent . Read More

DOS on Public Charge: FAM, DS-5540
Posted on 23 Feb 2020 by Daniel M. Kowalski

On Feb. 21, 2020 the State Department posted a FAM update and a new form DS-5540 , both set to take effect on Monday, Feb. 24, 2020. Note that the DS-5540 has an "estimated burden" of 4.5 hours. Read More