Immigration Law

Recent Posts

Cert. Pet. Filed in CA5 DAPA Challenge: U.S.A. v. Texas
Posted on 20 Nov 2015 by Daniel M. Kowalski

Petition for Writ of Certiorari - "The Department of Homeland Security has long engaged in “a regular practice * * * known as ‘deferred action,’” in which the Secretary “exercis[es] [his] discretion” to forbear... Read More

Feds Seek Full Court Rehearing in USA v. Texas
Posted on 19 Jul 2016 by Daniel M. Kowalski

Amy Howe, July 18, 2016 - " The filing by Acting Solicitor General Ian Gershengorn acknowledged that it is “exceedingly rare” for the Court to agree to rehear a case. But, the Obama administration emphasized, the Court did precisely that... Read More

Reaction to USA v. Texas Supreme Court Oral Argument
Posted on 19 Apr 2016 by Daniel M. Kowalski

Tuesday, Apr. 19, 2016, Yosemite National Park* Professors, practitioners, bloggers and reporters are reacting to yesterday's Supreme Court oral argument. (Transcript here .) A sample: Will Chief Justice Roberts Give the Administration a... Read More

4-4 Tie at Supreme Court in U.S. v. Texas Blocks DAPA, DACA+
Posted on 23 Jun 2016 by Daniel M. Kowalski

UNITED STATES, ET AL., PETITIONERS v. TEXAS, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT [June 23, 2016] PER CURIAM. The judgment is affirmed by an equally divided Court. [Stand by for commentary... Read More

Supreme Court Oral Argument in U.S. v. Texas Set for April 18, 2016
Posted on 4 Mar 2016 by Daniel M. Kowalski

SCOTUSblog, Mar. 4, 2016 - "Issue: (1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the... Read More

Expert: Texas' DACA Lawsuit 'Creates Even More Uncertainty'
Posted on 10 May 2018 by Daniel M. Kowalski

Jessica Gresko, AP, May 10, 2018 - "Three judges have ordered the Trump administration to continue a program that has shielded hundreds of thousands of young immigrants from deportation. Now, a lawsuit filed last week in Texas seeks to shut down... Read More

Expert: Texas DACA Challenge Could Trigger Supreme Court Review
Posted on 6 May 2018 by Daniel M. Kowalski

Laurel Brubaker Calkins, Bloomberg, May 2, 2018 - "Texas’s legal bid to end the Obama-era policy that protects 700,000 undocumented young immigrants brought to the U.S. illegally as children, known as Dreamers, may set the stage for the Trump... Read More

U.S. v. Texas Immigration Case May Turn On Procedural Grounds: MPI Policy Beat
Posted on 2 May 2016 by Daniel M. Kowalski

Muzaffar Chishti, Faye Hipsman, and Isabel Ball , Apr. 26, 2016 - "The palpably intense oral argument in the case, U.S. v. Texas, focused chiefly on two issues: the standing of Texas and 25 other states to legally challenge the executive actions... Read More

How the Supreme Court’s Deadlock Will Change Immigration Politics
Posted on 27 Jun 2016 by Daniel M. Kowalski

Pratheepan Gulasekaram and Karthick Ramakrishnan, June 24, 2016 - "United States v. Texas also implicates a less-discussed, but critical, issue: the growing involvement of states in setting immigration policy. ... [U.S. v.] Texas represents a new... Read More

Prof. Anil Kalhan on United States v. Texas: The Supreme Court’s Silent Endorsement of Trumpisprudence
Posted on 30 Jun 2016 by Daniel M. Kowalski

Prof. Anil Kalhan, June 27, 2016 - " [B]y affirming the legally flawed and deeply politicized lower court decisions blocking the Obama administration’s immigration initiatives — the substance of which I have previously discussed in several... Read More

MALDEF President Thomas A. Saenz Reflects on U.S. v. Texas
Posted on 1 Jul 2016 by Daniel M. Kowalski

AILA, July 1, 2016 - "President and General Counsel of the Mexican American Legal Defense and Educational Foundation (MALDEF) Thomas A. Saenz, whose recent U.S. Supreme Court argument on behalf of immigrant mothers underscored the human impact of... Read More

President Obama Delivers a Statement on the Supreme Court's Non-Ruling on Immigration
Posted on 23 Jun 2016 by Daniel M. Kowalski

White House, June 23, 2016 - "[O]one of the reasons why America is such a diverse and inclusive nation is because we’re a nation of immigrants. Our Founders conceived of this country as a refuge for the world. And for more than two centuries... Read More

Legal Experts Take Issue With Comparisons Between Texas, Arizona Immigration Laws
Posted on 15 May 2017 by Daniel M. Kowalski

Jason Buch, San Antonio Express-News, May 14, 2017 - "When Gov. Greg Abbott this month signed a bill banning so-called sanctuary cities in Texas, he said the “key policies” in the bill have “already been tested at the United States... Read More

Cyrus D. Mehta - Preemption of AZ DL Policy Provides Another Basis for Supreme Court to Approve DAPA, Expanded DACA
Posted on 11 Apr 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Apr. 11, 2016 - " Arizona Dream Act Coalition ... provides another basis for the Supreme Court in Texas v. USA to uphold the expanded deferred action programs as part of President Obama’s November 20, 2014 executive actions... Read More