Immigration Law

Recent Posts

Part of INA Sec. 274 Unconstitutional: U.S. v. Hansen
Posted on 14 Feb 2022 by Daniel M. Kowalski

U.S. v. Hansen "Helaman Hansen (“Hansen”) appeals his conviction and 240-month sentence for twelve counts of mail fraud, three counts of wire fraud, and two counts of encouraging or inducing illegal immigration for private financial... Read More

Court Finds Conditions in CBP Immigration Jails Unconstitutional: Doe v. Wolf
Posted on 20 Feb 2020 by Daniel M. Kowalski

NILC, Feb. 19, 2020 "A federal court today ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in its Tucson Sector. The court found that the conditions in CBP holding cells, especially those... Read More

Texas Judge: Detainers Unconstitutional - Santoyo v. USA
Posted on 9 Jun 2017 by Daniel M. Kowalski

Jason Buch, San Antonio Express-News, June 8, 2017 - "The same San Antonio federal judge who will hear the lawsuits challenging the constitutionality of the state’s new “sanctuary cities” law ruled earlier this week in a separate... Read More

Experts: Trump's Muslim Ban Proposal Unconstitutional
Posted on 8 Dec 2015 by Daniel M. Kowalski

New York Times, Dec. 7, 2015 - "Experts on immigration law and policy expressed shock at the proposal Monday afternoon. “This is just so antithetical to the history of the United States,” said Nancy Morawetz, a professor of clinical law... Read More

Montana Supreme Court Strikes Down Anti-Immigrant Law: MIJA v. Bullock (May 10, 2016)
Posted on 11 May 2016 by Daniel M. Kowalski

MIJA writes: " The Montana Supreme Court has just issued a unanimous decision striking down the entirety of Montana's anti-immigrant law, which was placed on the 2012 ballot by the Montana legislature and approved by 80% of voters. The law, known... Read More

Federal Judge Declares ICE’s Nationwide Shackling Policy Unconstitutional
Posted on 10 Mar 2014 by Daniel M. Kowalski

"U.S. Judge Michael Ponsor declared the government’s nationwide policy of shackling detainees during immigration court proceedings unconstitutional, calling it an affront to a person’s dignity. Even the safety considerations cited by... Read More

Tuition Rulings 'Straightforward' - Olivas
Posted on 8 Sep 2012 by Daniel M. Kowalski

"The latest ruling came on Friday from a federal court in Florida, which threw out state regulations defining American children of parents without legal immigration status as out-of-state residents, ineligible for tuition breaks given to state residents... Read More

Federal appeals court agrees Farmers Branch renters’ ordinance targeting immigrants is unconstitutional
Posted on 22 Mar 2012 by Daniel M. Kowalski

Dianne Solis, Dallas Morning News, Mar. 21, 2012 : "A federal appeals court has upheld a lower court’s ruling that a Farmers Branch ordinance banning illegal immigrants from renting in the city. The decision by the Fifth... Read More

Rogue Jurist Questions Executive Action on Immigration
Posted on 17 Dec 2014 by Daniel M. Kowalski

"A federal judge in Pittsburgh ruled Tuesday that President Barack Obama overstepped his authority and violated the Constitution when he issued an executive order last month to delay deportation for millions of people living in the U.S. illegally... Read More

Dallas Suburb to Ask for Full CA5 Review of Immigrant Rental Ban Case
Posted on 29 Apr 2012 by Daniel M. Kowalski

"Lawyers for Farmers Branch asked Wednesday for a rehearing of the city’s immigration ordinance before the full 18-member 5th U.S. Circuit Court of Appeals in New Orleans. The city’s ordinance banning [unauthorized] immigrants from... Read More

Why the Scott Gardner Act is Unconstitutional…and a Bad Idea
Posted on 9 Mar 2012 by Daniel M. Kowalski

"Immigration hardliners never hesitate to claim the mantle of “states’ rights” when defending laws like Arizona SB 1070. But those wanting local cops to double as federal immigration agents were conspicuously silent at a congressional... Read More

CA5: Farmers Branch Rental Ordinance Unconstitutional
Posted on 23 Jul 2013 by Daniel M. Kowalski

"The Ordinance at issue in this case and passed by the active citizens of the City of Farmers Branch (“Farmers Branch”) seeks to regulate non-citizens who reside in the United States contrary to law. Farmers Branch, Tex., Ordinance 2952... Read More

CA9: Ariz. Prop. 100 Unconstitutional - Lopez-Valenzuela v. Arpaio
Posted on 15 Oct 2014 by Daniel M. Kowalski

"Arizona law categorically forbids granting undocumented immigrants arrested for a wide range of felony offenses any form of bail or pretrial release, even if the particular arrestee is not a flight risk or dangerous. We must decide whether such... Read More