Immigration Law

Recent Posts

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

Threading the MPP ("Remain in Mexico") Needle: Not Rocket Science, But Tricky for Biden
Posted on 13 Sep 2021 by Daniel M. Kowalski

Rebecca Beitsch, The Hill, Sept. 12, 2021 "A string of recent court decisions has put President Biden in a predicament: Re-implement his predecessor's Remain in Mexico policy in good faith or turn to Trump-era tactics to dismantle the divisive... Read More

Report: "Remain in Mexico" Program Harms Kids, Families
Posted on 6 Jan 2021 by Daniel M. Kowalski

Human Rights Watch, Jan. 6, 2021 "The United States government’s “Remain in Mexico” program subjects children and adults to serious, ongoing harm, including abduction and rape, and should be quickly and decisively dismantled,... Read More

DHS Updates MPP Guidance (Dec. 7, 2020)
Posted on 8 Dec 2020 by Daniel M. Kowalski

DHS, Dec. 7, 2020 - Supplemental Policy Guidance for Additional Improvement of the Migrant Protection Protocols Read More

Feds Postpone MPP Hearings Again
Posted on 16 Jun 2020 by Daniel M. Kowalski

EOIR, June 16, 2020 "The Departments of Justice (DOJ) and Homeland Security (DHS) remain committed to proceeding with Migrant Protection Protocols (MPP) hearings as expeditiously as possible. The Departments have been in ongoing discussions about... Read More

The Out Crowd
Posted on 18 May 2020 by Daniel M. Kowalski

This American Life, Nov. 15, 2019 "Reports from the frontlines of the Trump administration's "Remain in Mexico" asylum policy. We hear from asylum seekers waiting across the border in Mexico, in a makeshift refugee camp, and from... Read More

MPP Hearings Postponed Again
Posted on 1 Apr 2020 by Daniel M. Kowalski

DHS/DOJ, Apr. 1, 2020 "Due to continued circumstances related to COVID-19 and newly-issued guidance from the Centers for Disease Control and Prevention, the Departments of Justice and Homeland Security have determined to extend the temporary postponement... Read More

Supreme Court Stays Injunction Against MPP / Remain in Mexico
Posted on 11 Mar 2020 by Daniel M. Kowalski

WOLF, SEC. OF HOMELAND, ET AL. V. INNOVATION LAW LAB, ET AL. (ORDER LIST: 589 U.S.) WEDNESDAY, MARCH 11, 2020 ORDER IN PENDING CASE 19A960 WOLF, SEC. OF HOMELAND, ET AL. V. INNOVATION LAW LAB, ET AL. The application for stay presented to Justice... Read More

Expert: Supreme Court Likely to Block Border Injunction
Posted on 5 Mar 2020 by Daniel M. Kowalski

Miriam Jordan, New York Times, Mar. 4, 2020 "While insisting that a policy that has forced 60,000 asylum seekers to wait in Mexico violates United States law, a federal appeals court on Wednesday granted the Trump administration’s request... Read More