Immigration Law

Recent Posts

An Important Week for Immigration Law: SCOTUSTalk Podcast
Posted on 22 Jun 2022 by Daniel M. Kowalski

SCOTUSTalk Podcast, June 21, 2022 "During the week of June 13, the Supreme Court decided two immigration cases (involving bond hearings for noncitizens in immigration detention) and declined to decide a third (involving the Trump-era “public... Read More

Expert: Pending Supreme Court Immigration Cases Stem from Obama Administration
Posted on 12 Mar 2021 by Daniel M. Kowalski

John Fritze, USA Today, Mar. 12, 2021 "Less than two months after President Donald Trump left office immigration has fizzled as an issue at the Supreme Court, with major disputes that became conservative rallying cries largely vanishing from the... Read More

Justices Take Immigration Cases Off February Calendar
Posted on 3 Feb 2021 by Daniel M. Kowalski

Amy L. Howe, Feb. 3, 2021 "The Supreme Court on Wednesday removed two cases from its February argument session after the Biden administration began to unwind the two immigration policies being challenged in the cases. Although the release of an... Read More

Jay Willis: The Supreme Court Buys Into Trump's Anti-Immigrant Fearmongering
Posted on 30 Apr 2020 by Daniel M. Kowalski

Jay Willis, Apr. 29, 2020 "Last week, the U.S. Supreme Court cleared the way for the Trump administration to deport more legal permanent residents for criminal convictions that occurred in the distant past. The appalling result in Barton v. Barr... Read More

Expert: Supreme Court Case Could Allow States to Regulate Immigration
Posted on 3 Mar 2020 by Daniel M. Kowalski

Ariane de Vogue and Devan Cole, CNN, Mar. 3, 2020 "The Supreme Court ruled Tuesday against an unauthorized immigrant in Kansas, holding that a state could convict him of identity theft without interfering with federal immigration law. The 5-4... Read More

Expert: Supreme Court Immigration Case 'Squarely Raises Constitutional Issues'
Posted on 2 Mar 2020 by Daniel M. Kowalski

Ariane de Vogue, CNN, Mar. 2, 2020 "The Supreme Court will consider a major case Monday concerning the rights of some asylum seekers to challenge their expedited removal. The Trump administration is asking the Supreme Court to reverse an opinion... Read More

Supreme Court News
Posted on 21 Oct 2019 by Daniel M. Kowalski

Three immigration cases are now on the docket: Nasrallah v. Barr DHS v. Thuraissigiam US v. Sineneng-Smith Cyrus Mehta writes about US v. Sineneng-Smith here: Supreme Court Agrees to Hear Constitutionality of Smuggling Statute That Could Impact... Read More

Kansas v. Garcia Oral Argument Transcript
Posted on 17 Oct 2019 by Daniel M. Kowalski

Supreme Court, Oct. 16, 2019, Kansas v. Garcia, transcript of oral argument Argument preview: Preemption of state identity-theft prosecutions of noncitizens Read More

Expert: A Supreme Court Ruling Could Cut Both Ways on Immigration
Posted on 17 Oct 2019 by Daniel M. Kowalski

Ariane de Vogue, CNN, Oct. 16, 2019 "Wednesday's case concerns whether immigrants who stole Social Security numbers in an attempt to gain employment could be prosecuted under state identity theft law. In general, when it comes to immigration... Read More

Supreme Court Immigration Case Could Be Bad For Business
Posted on 30 Apr 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Apr. 29, 2019 "The U.S. Supreme Court will soon hear a case ( Kansas v. Garcia ) that legal analysts warn may empower state and local prosecutors with political ambitions to go after businesses on immigration grounds. A... Read More

Supreme Court on 'When...Released' - Nielsen v. Preap (5-4)
Posted on 19 Mar 2019 by Daniel M. Kowalski

Nielsen v. Preap (5-4) Justice Alito for the majority: "[T]he United States Court of Appeals for the Ninth Circuit held that this mandatory-detention requirement [8 U. S. C. §1226(c)] applies only if a covered alien is arrested by immigration... Read More

Expert: Kansas Immigration Case at Supreme Court Could Affect ID Theft Prosecutions
Posted on 18 Mar 2019 by Daniel M. Kowalski

Ariane de Vogue, CNN, Mar. 18, 2019 "The Supreme Court agreed on Monday to hear a case [ Kansas v. Garcia, No. 17-834 ] next term concerning Kansas' prosecution of three undocumented immigrants for using stolen Social Security numbers in an... Read More

Expert: Supreme Court Immigration Cases 'More Important Than Ever'
Posted on 14 Dec 2018 by Daniel M. Kowalski

Nicole Narea, Law360, Dec. 13, 2018 - "In Jennings v. Rodriguez , the high court ruled in February that certain immigrants held in mandatory detention during deportation proceedings aren't entitled to bond hearings after six months in custody... Read More

Supreme Court Oral Argument Preview: Nielsen v. Preap
Posted on 4 Oct 2018 by Daniel M. Kowalski

The Supreme Court will hear oral argument on October 10, 2018 in the case of Nielsen v. Preap. Jennifer M. Chacón , Professor of Law at UCLA School of Law, has this argument preview for SCOTUSblog: Justices once again consider proper scope of... Read More

LexisNexis Expert Yale-Loehr: Scalia's Absence May Not Affect Immigration Case
Posted on 23 Feb 2016 by Daniel M. Kowalski

Laura D. Francis, Bloomberg BNA, Feb. 17, 2016 - "Stephen Yale-Loehr of Miller Mayer in Ithaca, N.Y., said the case might have split 5-4 in favor of the states if Scalia remained on the court, which would result in a 4-4 tie without him. A tie vote... Read More