Immigration Law

Recent Posts

Court Strikes Down Trump H-1B Lottery Rule; Wolf Not Lawfully Appointed
Posted on 16 Sep 2021 by Daniel M. Kowalski

Chamber of Commerce v. DHS, Sept. 15, 2021 "DHS confirmed at the hearing that Secretary Mayorkas has not ratified the Final Rule. Because Mr. Wolf was not lawfully appointed as Acting Secretary at the time the Final Rule was approved, the Court... Read More

Tags: mayorkas , wolf , H-1B , Trump , DHS

Will This DHS Bootstrapping Work?
Posted on 18 Jan 2021 by Daniel M. Kowalski

Peter T. Gaynor, Acting DHS Sec., Jan. 12, 2021 "I hereby delegate to Chad F. Wolf, the Under Secretary for Strategy, Policy, and Plans, the authority of the Secretary: A. To review, approve or disapprove, and sign any regulatory action, including... Read More

Tags: wolf , DHS

Illegal Chad Attempts to Legalize His Actions, Again
Posted on 16 Jan 2021 by Daniel M. Kowalski

Shaun Courtney and Genevieve Douglas, Bloomberg Government, Jan. 14, 2021 "Chad Wolf may no longer be the acting secretary of the Homeland Security Department, but he is still serving as a DHS political appointee and using newly delegated authorities... Read More

Tags: wolf , DHS

Court Blocks "Monster" Asylum Rule: Pangea v. DHS
Posted on 9 Jan 2021 by Daniel M. Kowalski

Pangea v. DHS "Defendants the United States Department of Homeland Security (DHS); Pete Gaynor, in his official capacity, if any, as Acting Secretary of DHS; Chad F. Wolf, in his official capacity, if any, as Acting Secretary of DHS; the United... Read More

Tags: cbp , wolf , eoir , USCIS , DHS , ICE , asylum

DHS: Ratification of Actions by McAleenan and Edlow
Posted on 23 Nov 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 228 / Wednesday, November 25, 2020 "The Department of Homeland Security, through its Acting Secretary, is ratifying a number of previous actions by the Acting Secretary and by former Acting Secretary Kevin K. McAleenan... Read More

Tags: wolf , DHS

Breaking on Saturday: Court Says Wolf Lacked Authority to Suspend DACA
Posted on 14 Nov 2020 by Daniel M. Kowalski

Batalla Vidal v. Wolf, Nov. 14, 2020 "On July 28, 2020, Defendant Chad F. Wolf issued a memorandum that effectively suspended DACA ... the court holds that Mr. Wolf was not lawfully serving as Acting Secretary of Homeland Security under the Homeland... Read More

Tags: daca , wolf , DHS

Wolf Attempts to Legalize Acts by McAleenan, Edlow
Posted on 15 Oct 2020 by Daniel M. Kowalski

Here's a link to the "ratification" that will be published in the Federal Register on Friday, Oct. 16, 2020. The litigation is ongoing, but so far two courts have found that Wolf has acted without authority . Read More

Tags: wolf , DHS

Another Court Strikes Down USCIS Fee Rule - "Wolf Acted Without Authority"
Posted on 9 Oct 2020 by Daniel M. Kowalski

NWIRP v. USCIS "[T]he Court will GRANT Plaintiffs’ motion for a preliminary injunction. ... [and] because the Court concludes that Wolf acted without authority when he approved the Final Rule and later attempted to ratify that action and... Read More

Tags: fees , wolf , USCIS

Wolf Attempts to Legalize Himself
Posted on 21 Sep 2020 by Daniel M. Kowalski

"The Department of Homeland Security, through its Acting Secretary, is publishing notification of the ratification of a number of previous actions by the Department. The attached ratification provides the public with certainty, by resolving any potential... Read More

Tags: wolf , DHS

Whistleblower: DHS Suppressed Reports on Central America and Inflated Risk of Terrorist Border-Crossers
Posted on 16 Sep 2020 by Daniel M. Kowalski

Prof. Susan Gzesh, Sept. 16, 2020 "Earlier this month, Department of Homeland Security (DHS) Whistleblower Brian Murphy’s complaint received substantial news coverage for his revelations about pressures from the White House to repress or... Read More

Tags: wolf , DHS

Advocates Ask Court to Rule on Legality of DACA Memo
Posted on 15 Sep 2020 by Daniel M. Kowalski

MALDEF, Sept. 11, 2020 "Civil rights organizations have filed a motion for summary judgement in a lawsuit that seeks to block the Trump administration from unlawfully implementing new limits on DACA, according to papers filed in federal court today... Read More

Tags: daca , MALDEF , wolf , DHS

ABIL Files Amicus Brief in ILRC v. Wolf
Posted on 9 Sep 2020 by Daniel M. Kowalski

On Sept. 9, 2020 Angelo A. Paparelli , on behalf of ABIL , filed this amicus brief in ILRC v. Wolf. Angelo writes: "The brief attacks as unlawful under the Homeland Security Act any expenditures by USCIS from the Immigration Examinations Fee Account... Read More

MALDEF Lawsuit: Wolf DACA Memo Illegal
Posted on 4 Sep 2020 by Daniel M. Kowalski

MALDEF, Sept. 3, 2020 "Chad Wolf is unlawfully serving as Acting Secretary of Homeland Security and therefore his memo placing new restrictions on DACA must be nullified, according to a federal lawsuit filed today. MALDEF (Mexican American Legal... Read More

Tags: daca , MALDEF , wolf

Coalition Sues DHS Over USCIS Fee Rule
Posted on 21 Aug 2020 by Daniel M. Kowalski

ILRC, Aug. 21, 2020 "The Immigrant Legal Resource Center (ILRC) today announced it had joined a coalition of 8 of the nation’s leading immigrants’ rights organizations in filing a lawsuit against the Department of Homeland Security... Read More

Legitimacy of Wolf, Cuccinelli in Jeopardy
Posted on 14 Aug 2020 by Daniel M. Kowalski

On Aug. 13, 2020 the feds dropped their appeal in L.M.-M. v. Cuccinelli . This means the March 1, 2020 district court ruling stands. More here . On Aug. 14, 2020 the GAO concluded : "Upon Secretary Kirstjen Nielsen's resignation on April 10... Read More

Tags: wolf , Cuccinelli , USCIS , DHS