Immigration Law

Recent Posts

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

CA9 on MPP: Partial Stay Extended
Posted on 5 Mar 2020 by Daniel M. Kowalski

Innovation Law Lab v. Wolf "If the law were less clear—that is, if there were any serious possibility that the MPP is consistent with §§ 1225(b) and 1231(b)—we would stay the district court’s injunction in its entirety... Read More

CA9 Temporarily Stays Own Block on 'Remain in Mexico' Asylum Rule: Innovation Law Lab v. Wolf
Posted on 2 Mar 2020 by Daniel M. Kowalski

Innovation Law Lab v. Wolf "Plaintiffs brought suit in district court seeking an injunction against the Government’s recently promulgated Migrant Protection Protocols (“MPP”), under which non-Mexican asylum seekers who present... Read More

CA9 Blocks 'Remain in Mexico' (MPP) Policy: Innovation Law Lab v. Wolf
Posted on 28 Feb 2020 by Daniel M. Kowalski

Innovation Law Lab v. Wolf "We conclude that the MPP is inconsistent with 8 U.S.C. § 1225(b), and that it is inconsistent in part with 8 U.S.C. § 1231(b). Because the MPP is invalid in its entirety due to its inconsistency with §... Read More

CA3 on MPP: E.O.H.C. v. DHS
Posted on 13 Feb 2020 by Daniel M. Kowalski

E.O.H.C. v. DHS "This case raises the age-old question: “If not now, when?” Mishnah, Pirkei Avot 1:14. For aliens who are challenging their removal from the United States, the answer is usually “later.” But not always. And... Read More

US: ‘Remain in Mexico’ Program Harming Children
Posted on 13 Feb 2020 by Daniel M. Kowalski

HRW, Feb. 12, 2020 "A United States government program exposes children, as well as their parents, seeking asylum to serious risk of assault, mistreatment, and trauma while waiting for their cases to be heard, Human Rights Watch said today in a... Read More

BIA on MPP: Matter of J.J. Rodriguez, 27 I&N Dec. 762 (BIA 2020)
Posted on 31 Jan 2020 by Daniel M. Kowalski

Matter of J.J. Rodriguez, 27 I&N Dec. 762 (BIA 2020) Where the Department of Homeland Security returns an alien to Mexico to await an immigration hearing pursuant to the Migrant Protection Protocols and provides the alien with sufficient notice... Read More

He Won, But Was Deported Anyway
Posted on 10 Jan 2020 by Daniel M. Kowalski

Joel Rose, NPR, Jan. 9, 2020 "The judge granted Jesus withholding of removal, a form of protection from deportation. In other words, he won — something that very few migrants at the border can say these days. Jesus thought he might finally... Read More

DHS Triggers 'Remain in Mexico' Asylum Policy at Nogales, Arizona
Posted on 3 Jan 2020 by Daniel M. Kowalski

DHS, Jan. 2, 2020 "Today, the Department of Homeland Security will begin processing migrants for return to Mexico under the Migrant Protection Protocols (MPP) at the Nogales Port of Entry south of Tucson, Arizona. This brings the total number of... Read More

Judge Blocks Ban on Asylum for Immigrants Waiting in Mexico
Posted on 20 Nov 2019 by Daniel M. Kowalski

Bianca Bruno, Courthouse News Service, Nov. 19, 2019 "The federal government can’t employ bait-and-switch tactics to apply new restrictions on asylum to block migrants from making humanitarian claims at U.S. ports of entry after they waited... Read More

DHS 'Red Team' Rips Trump's 'Remain in Mexico' Program
Posted on 15 Nov 2019 by Daniel M. Kowalski

Hamed Aleaziz, BuzzFeed News, Nov. 14, 2019 "A team of senior Department of Homeland Security officials who examined a controversial Trump administration program to keep asylum-seekers in Mexico found that US border officials have not only prevented... Read More