Immigration Law

Recent Posts

Texas Supreme Court on Immigration Detention, Licensure, Standing: Grassroots Leadership v. TDFPS
Posted on 17 Jun 2022 by Daniel M. Kowalski

Grassroots Leadership v. TDFPS "In this suit, we determine whether the plaintiffs have standing to challenge a Department of Family and Protective Services licensing rule governing immigration detention centers. The court of appeals concluded that... Read More

Stand and Deliver
Posted on 26 Dec 2014 by Daniel M. Kowalski

"In a political stunt of a lawsuit , Texas and other states claim the White House's immigration initiatives announced on Nov. 20, 2014 are illegal. The problem is that the suit has no legs, because the plaintiffs lack "standing"... Read More

Feds: Texas, States Lack Standing in Immigration Lawsuit
Posted on 26 Dec 2014 by Daniel M. Kowalski

"The Republican-led states suing President Barack Obama over his executive order not to deport certain illegal immigrants lack standing because they "themselves are not subject" to the order, the Justice Department said Wednesday . Twenty... Read More

Fifth Circuit Shoots Down ICE Agents' DACA Lawsuit: Crane v. Johnson
Posted on 7 Apr 2015 by Daniel M. Kowalski

"The Agents allege that exercising deferred action violates federal law, because the law requires them to detain all illegal aliens for the purpose of placing the aliens in removal proceedings. The State of Mississippi alleges that the deferred action... Read More

On Monday, Will Texas Be Able to Stand and Deliver?
Posted on 15 Apr 2016 by Daniel M. Kowalski

The technical issue of 'standing' is at the heart of USA v. Texas , to be heard by the Supreme Court on Monday, April 18, 2016. Prof. Martin Lederman offers his thoughts on standing here . Prof. Amanda Frost offers her thoughts on standing... Read More

DC Circuit: Sheriff Joe Arpaio Lacks Standing to Sue Feds re DAPA
Posted on 14 Aug 2015 by Daniel M. Kowalski

"Because Sheriff Arpaio’s allegations of causation and redressability rest on speculation beyond that permitted by our standing decisions, we affirm the district court’s dismissal of the complaint for want of Article III standing."... Read More

CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS
Posted on 23 Sep 2014 by Daniel M. Kowalski

"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’... Read More

CA6 on Standing: Patel v. USCIS
Posted on 11 Oct 2013 by Daniel M. Kowalski

"Disembodied notions of statutory purpose cannot override what the statute actually says. What § 1153(b)(3) says is that the alien, ultimately, is the one who is entitled to the employment visa. The alien’s interest in receiving it is... Read More

Court: Arpaio Lacks Standing to Sue Obama Over Immigration
Posted on 24 Dec 2014 by Daniel M. Kowalski

"The role of the Judiciary is to resolve cases and controversies properly brought by parties with a concrete and particularized injury — not to engage in policymaking better left to the political branches. The plaintiff’s case raises... Read More

AAO Solicits Amicus Briefs on Standing, AC21, I-140 Beneficiaries
Posted on 4 Apr 2015 by Daniel M. Kowalski

"[T]he AAO seeks amicus briefing on whether the beneficiaries of certain immigrant visa petitions have standing to participate in the administrative adjudication process, including standing to appeal to the AAO (and if so, when, and under what circumstances... Read More

Legomsky on USA v. Texas - The Stakes Go Far Beyond Immigration
Posted on 22 Jan 2016 by Daniel M. Kowalski

Stephen Legomsky, Jan. 21, 2016 - "On Tuesday the Supreme Court agreed to decide whether a single state can sue the federal government to block the government's setting of immigration enforcement priorities nationwide. The stakes are momentous... Read More

A QUICK KNOCKOUT: SHERIFF JOE ARPAIO'S LAWSUIT AGAINST PRESIDENT OBAMA'S EXECUTIVE ACTION DISMISSED FOR LACK OF STANDING
Posted on 6 Jan 2015 by Daniel M. Kowalski

"On November 20, 2013, the very same day that President Obama announced a series of executive actions aimed at “Fixing Our Broken Immigration System” , a lawsuit against the newly announced executive actions and against the existing Deferred... Read More

Judge: Arizona Residents Have Standing to Challenge SB 1070
Posted on 31 May 2012 by Daniel M. Kowalski

"A federal judge has set the stage for a new challenge to Arizona’s immigration law if the U.S. Supreme Court rejects the one it has before it now. In a 20-page ruling , U.S. District Court Judge Susan Bolton said that various Arizona... Read More

Immigration Lawsuit Thrown Out: Arpaio v. Obama
Posted on 24 Dec 2014 by Daniel M. Kowalski

"President Barack Obama’s executive actions on immigration survived their first major court test Tuesday, when a federal judge tossed out a lawsuit claiming the president exceeded his constitutional power. U.S. District Judge Beryl Howell dismissed... Read More

EQUATING IMMIGRANTS TO GREENHOUSE GASES: IS THIS A VALID BASIS FOR STANDING TO SUE THE FEDERAL GOVERNMENT?
Posted on 9 May 2015 by Daniel M. Kowalski

Cyrus D. Mehta writes : "It has lately become fashionable for states that oppose President Obama’s immigration executive actions to sue in federal court on grounds that they are unconstitutional. But in order to get heard in court, a state... Read More