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When Border Patrol Crosses The Line

" A new report by the immigrant rights group Families for Freedom and the New York University School of Law Immigrant Rights Clinic found that Border Patrol agents were making unlawful arrests alongside the US-Canada border. We speak to co-author and New York University School of Law professor Nancy...

Nancy Morawetz Unpacks the CSPA Memo

"After more than a decade of silence, the government has issued policy guidance on the Child Status Protection Act, 8 U.S.C. 1153(h)(3) (CSPA). The guidance addresses the very provision the Supreme Court will be addressing in Mayorkas v Cuellar de Osorio , scheduled for argument on December 10....

Victory Denied: After Winning On Appeal, An Inadequate Return Policy Leaves Immigrants Stranded Abroad

Copyright 2014 by the Immigrant Rights Clinic. All rights reserved. Published July 2014. "Today, many immigrants who have won their deportation cases on appeal before a circuit court—a filing called a “petition for review”—are stranded in their countries of origin, with...

Immigration Law and the Myth of Comprehensive Registration

"This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth — proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism...

Deferring to Itself? The Office of the Solicitor General’s Odd Argument in Mellouli

Nancy Morawetz of NYU offers her thoughts on Mellouli v. Holder , an immigration case set for oral argument before the Supreme Court on January 14: "This Term, the Supreme Court will hear Mellouli v. Holder (Dkt. No. 13-1034 ) , its fourth case in the last decade on drug deportability. The issue...

Supreme Court Oral Argument Previews: Mellouli v. Holder

REVISIONIST HISTORY: THE GOVERNMENT’S LATEST ATTEMPT TO IGNORE THE CATEGORICAL APPROACH IN MELLOULI V. HOLDER - By Alina Das RETHINKING REMOVABILITY FOR POSSESSION OF DRUG PARAPHERNALIA (AKA A SOCK) - By Jennifer Lee Koh DRAWING OUTSIDE THE LINES - By Nancy Morawetz OF SOCKS, CATEGORICAL...

Mid-Litigation, DOS Changes the FAM: Convenient Facts Redux, by Nancy Morawetz

Convenient Facts Redux by Nancy Morawetz , NYU School of Law "Two years ago, I wrote about how the Office of the Solicitor General (OSG) manipulates facts about government policies and practices to advance its arguments in the Supreme Court. In essence, if the OSG does not like the policies it...

Experts: Trump's Muslim Ban Proposal Unconstitutional

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 at New York University School of Law , who specializes...

Supreme Court Oral Argument Preview: Maslenjak v. U.S.

Nancy Morawetz, Apr. 24, 2017 - "[On Wednesday, Apr. 26, 2017,] the Supreme Court will hear argument in Maslenjak v. United States , a case in which the government seeks extraordinary power to jail and strip citizenship from anyone based on an immaterial misstatement in a citizenship application...