Immigration Law

Recent Posts

The Case for Removing the Three and Ten-Year Bars - Shoba Sivaprasad Wadhia
Posted on 1 Nov 2014 by Daniel M. Kowalski

" This paper examines the background and consequences of the unlawful presence bars, and explores possible policy changes that would mitigate their harmful impact on noncitizens and their families." - Shoba Sivaprasad Wadhia Read More

FOIA: Internal Documents by USCIS on Deferred Action (non-DACA)
Posted on 29 Jul 2013 by Daniel M. Kowalski

"To: Interested Parties From: Shoba Sivaprasad Wadhia Date: July 29, 2013 Re: Internal Documents by USCIS on Deferred Action (non-DACA) Earlier this year, I filed a Freedom of Information Act (FOIA) Request with USCIS seeking internal... Read More

My Great FOIA Adventure and Discoveries of Deferred Action Cases at ICE
Posted on 5 Feb 2013 by Daniel M. Kowalski

"This Article describes my adventures in FOIA litigation and analyzes deferred action data collected informally by 24 ICE field offices between October 1, 2011, and June 30, 2012. This Article also offers recommendations for the agency on data collection... Read More

The Immigration Prosecutor and the Judge: Examining the Role of the Judiciary in Prosecutorial Discretion Decisions
Posted on 21 Jul 2013 by Daniel M. Kowalski

"Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases... Read More

FOIA Release: The Relationship Between Prosecutorial Discretion and NTAs
Posted on 2 Jul 2013 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia writes: "As an outcome of research for a future report by Penn State Dickinson School of Law’s Center for Immigrants’ Rights and the American Bar Association’s Commission on Immigration on the relationship... Read More

FOIA Request Reveals Internal Documents on DACA
Posted on 14 Mar 2013 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia writes: "In Fall 2012 I filed a Freedom of Information Act (FOIA) Request with DHS seeking records pertaining to the agency's implementation of the Deferred Action for Childhood Arrivals (DACA) Program, among other... Read More

Tags: daca , wadhia , FOIA

The Aftermath of United States v. Texas: Rediscovering Deferred Action (Prof. Shoba Sivaprasad Wadhia) - UPDATED
Posted on 10 Aug 2016 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia, Aug. 10, 2016 - "On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November... Read More

The Rise of Speed Deportation and the Role of Discretion
Posted on 24 Sep 2014 by Daniel M. Kowalski

"In 2013, the majority of people deported never saw a courtroom or immigration judge, and instead were quickly removed by the Department of Homeland Security. The policy goals of speed deportation are economic because government resources like a... Read More

Felons, Families and Prosecutorial Discretion - Shoba Sivaprasad Wadhia
Posted on 5 Jan 2015 by Daniel M. Kowalski

"O n November 20, 2014, President Obama announced a series of executive actions on immigration aimed at reducing deportations for people who present positive equities such as a close family relationship or long term residence in the US. In announcing... Read More

Immigration Prosecutorial Discretion and Deportation
Posted on 1 May 2014 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia writes: " Word is out that deportations have peaked during the Obama Administration and the safety valve that remains is prosecutorial discretion. The New York Times has shed light on the human costs of deportation in... Read More

New Report Calls for Improvements to DHS Notice to Appear Procedure
Posted on 23 Oct 2013 by Daniel M. Kowalski

"“To File or Not to File,” a report released today by the Center for Immigrants’ Rights at Penn State Law highlights the rate and circumstances surrounding Notice to Appear (NTA) filings at the immigration court. The report is available... Read More

Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases
Posted on 28 Mar 2015 by Daniel M. Kowalski

"When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s... Read More

Legal Scholars: DAPA Could Be Broader
Posted on 5 Dec 2014 by Daniel M. Kowalski

"We write as law professors with particular expertise in the interaction of executive action and immigration law to clarify that there is no legal requirement that the executive branch limit deferred action or any other exercise of prosecutorial... Read More

Judge Hanen's Order to 'Out' DACA Grantees Raises Privacy Concerns - Prof. Shoba Sivaprasad Wadhia
Posted on 24 May 2016 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia, May 23, 2016 - " Much of the press coverage on Judge Hanen’s May 19 order has focused on the order’s scolding. But equally, if not more alarming, are the implications of Judge Hanen’s demand on the... Read More

Tags: daca , wadhia , Privacy , hanen

Reflections on Prosecutorial Discretion One Year After the Morton Memo
Posted on 18 Jun 2012 by Daniel M. Kowalski

" Shoba Sivaprasad Wadhia reflects on the implementation of the famous (or infamous) immigration-agency memos on using "prosecutorial discretion" in favor of various types of noncitizens who could be removed from the United States... Read More