Immigration Law

Recent Posts

MPP Stay Order from N.D. TX (Dec. 15, 2022)
Posted on 16 Dec 2022 by Daniel M. Kowalski

Texas v. Biden, Dec. 15, 2022 "This case began as a challenge to the termination of the Migrant Protection Protocols ("MPP") program in January 2021. Although the legal instruments governing the termination evolved over time by issuance... Read More

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

Expert: Supreme Court Ruling May Not Deter Anti-Immigrant Zealots
Posted on 2 Jul 2022 by Daniel M. Kowalski

Jessica Gresko, Elliot Spagat, Associated Press, July 1, 2022 "The Supreme Court said Thursday the Biden administration can scrap a Trump-era immigration policy to make asylum-seekers wait in Mexico for hearings in U.S. immigration courts, a victory... 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

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

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

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

MPP (Remain in Mexico) Will Resume...Or Will It?
Posted on 15 Oct 2021 by Daniel M. Kowalski

Julia Ainsley, NBC News, Oct. 14, 2021 "After having lost a legal battle, the Biden administration tentatively plans a mid-November restart of a Trump-era policy that forces migrants seeking asylum to wait in Mexico for their U.S. immigration court... Read More

Groups Sue Feds Demanding MPP Transparency
Posted on 5 Oct 2021 by Daniel M. Kowalski

Business Wire, Oct. 4, 2021 "The Galveston-Houston Immigrant Representation Project (GHIRP ), YMCA of Greater Houston, International Services (YMCA) , and Justice Action Center (JAC) , represented by Bracewell LLP, filed on Friday, October 1st... Read More