Immigration Law

Recent Posts

Border Patrol Now Doing 'Credible Fear' Screenings
Posted on 19 Sep 2019 by Daniel M. Kowalski

Molly O'Toole, Los Angeles Times, Sept. 19, 2019 "Border Patrol agents are beginning to screen migrant families for “credible fear” instead of highly trained asylum officers who are charged with determining whether applicants qualify... Read More

What a Pediatrician Saw Inside a Border Patrol Warehouse
Posted on 9 Jul 2019 by Daniel M. Kowalski

Jeremy Raff, The Atlantic, July 3, 2019 "Dolly Lucio Sevier evaluated dozens of sick children at a facility in South Texas. She found evidence of infection, malnutrition, and psychological trauma." Read More

DHS Inspector General Management Alert: DHS Needs to Address Dangerous Overcrowding and Prolonged Detention of Children and Adults in the Rio Grande Valley
Posted on 3 Jul 2019 by Daniel M. Kowalski

DHS Inspector General, July 2, 2019 "... During our visits to five Border Patrol facilities in the Rio Grande Valley, we observed serious overcrowding of UACs and families, populations defined as “at-risk” in TEDS standards (see figures... Read More

Why Border Patrol Agents and CBP Officers Should Not Serve as Asylum Officers
Posted on 26 Jun 2019 by Daniel M. Kowalski

Josiah Heyman, Jeremy Slack, and Daniel E. Martínez, June 21, 2019 "United States Border Patrol agent Matthew Bowen allegedly hit an undocumented migrant with his truck in November 2017. In preparation for trial, federal prosecutors revealed... Read More

Border Patrol Bus Searches: Passengers Have Right to Refuse to Answer Questions
Posted on 7 Jun 2019 by Daniel M. Kowalski

Adiel Kaplan and Vanessa Swales, NBC News, June 5, 2019 "Mercedes Phelan was confused last April when Border Patrol agents boarded the Greyhound bus she was riding in Pennsylvania and asked her if she was a citizen. Ten months later, when she... Read More

Government Watchdog Report Says Texas Border Facility Was So Overcrowded That Detainees Stood on Toilets to 'Gain Breathing Space'
Posted on 2 Jun 2019 by Daniel M. Kowalski

Abby Vesoulis, Time Magazine, May 31, 2019 "The Department of Homeland Security’s Office of Inspector General (OIG) found an El Paso Border Patrol processing center was so overcrowded that detainees were wearing “soiled clothing for... Read More

Statement of ABA President Bob Carlson, Re: Improper Detention of Immigrant Children
Posted on 2 Jun 2019 by Daniel M. Kowalski

ABA, May 31, 2019 "The American Bar Association is deeply disturbed by reports that hundreds of unaccompanied children seeking refuge in the United States are being held by the U.S. Border Patrol in violation of the law and federal policies. ... Read More

Bodies in the Borderlands: The Prosecution of Scott Warren
Posted on 7 May 2019 by Daniel M. Kowalski

Ryan Devereaux, The Intercept, May 4, 2019 "No More Deaths, also known as No Más Muertes, had published a scathing report, complete with video evidence, implicating the Border Patrol in the destruction of thousands of gallons of water left... Read More

Expert: Border Patrol Collection of Migrant Kids' Fingerprints 'Subject to Court Challenge'
Posted on 29 Apr 2019 by Daniel M. Kowalski

Nomaan Merchant, Associated Press, Apr. 26, 2019 "U.S. border authorities say they’ve started to increase the biometric data they take from children 13 years old and younger, including fingerprints, despite privacy concerns and government... Read More

Armed Right-Wing Vigilantes Detain Migrants at Gunpoint in New Mexico
Posted on 19 Apr 2019 by Daniel M. Kowalski

Angela Kocherga, Albuquerque Journal, Apr. 19, 2019 "The ACLU of New Mexico is calling for the governor and attorney general to investigate an “armed vigilante group currently engaged in unlawful detention of hundreds of migrants” on... Read More

The Border Patrol Needs to Brush Up on the Law
Posted on 15 Feb 2019 by Daniel M. Kowalski

David Isaacson, Feb. 12, 2019 "In late January, Oregon comedian Mohanad Elshieky was briefly detained by the Border Patrol while traveling on a Greyhound bus in Spokane, Washington. He recounted the incident on Twitter , and it was also reported... Read More

Immigration Authorities Systematically Deny Medical Care for Migrants Who Speak Indigenous Languages
Posted on 28 Dec 2018 by Daniel M. Kowalski

Jeremy Slack, Daniel E. Martínez, Josiah Heyman, Dec. 2018 - "The death of seven year-old Jakelin Amei Rosmery Caal Maquin in December of 2018 while in US Border Patrol custody has led to outrage, frustration, and a host of unanswered questions... Read More

Greyhound Fights Back Against Border Patrol Bus Searches
Posted on 23 Dec 2018 by Daniel M. Kowalski

Spencer S. Hsu, Washington Post, Dec. 22, 2018 - "Greyhound Lines is expanding alerts to passengers about their rights should immigration agents board buses to demand identification and proof of citizenship. The information includes details on... Read More

Border Patrol Union Endorses Extremist Video Featuring White Nationalists
Posted on 25 Oct 2018 by Daniel M. Kowalski

Melissa del Bosque, The Intercept, Oct. 23, 2018 - "The National Border Patrol Council, the union representing Border Patrol agents across the country, is featured in a new video that includes white nationalists and anti-Muslim extremists. The video... Read More

CA5 on Bivens, 5th Amendment: Hernandez v. Mesa (Cross-Border Killing by Border Patrol)
Posted on 2 Jul 2014 by Daniel M. Kowalski

"We therefore hold that a noncitizen injured outside the United States as a result of arbitrary official conduct by a law enforcement officer located in the United States may invoke the protections provided by the Fifth Amendment. ... we extend a... Read More