Identical DHS and DOS media notes are here and here . Media coverage here , here , here , here , here and here . The intent is to curtail irregular migration through the Darién Gap . [I have...
Cyrus D. Mehta and Kaitlyn Box, July 1, 2024 "The conservative majority Supreme Court recently issued two decisions that will have a major impact on the administrative state by transferring power...
CISOMB, June 2024 "I am pleased to present the Office of the Citizenship and Immigration Services Ombudsman’s (CIS Ombudsman) 2024 Annual Report to Congress. This Report, submitted annually...
Gaby Del Valle, The Verge, June 28, 2024 "Chevron deference has given the Department of Homeland Security and its component agencies broad latitude. For example, under Chevron , decisions made by...
Prof. Nancy Morawetz said this on today's ImmigrationProf Blog : "In the aftermath of the Supreme Court’ decision in Loper Bright , you might think that everyone would agree that courts...
Two experts help us understand why our immigration system is so off-kilter: "In a new report, Hiroshi Motomura, a law professor at UCLA, argues that prosecutorial discretion, as discussed in recent DHS policy memos, is only one kind of discretion. In fact, discretion plays a role in immigration law from legislation, to implementation, to arrest, to adjudication, to outcomes. He notes that the current emphasis on whether and how to charge an individual with an immigration violation overlooks the far more significant role that discretion plays earlier in the system—at the point where an arrest takes place. Motomura argues that programs such as Secure Communities, which enhance the role of state and local law enforcement in the immigration process, is the critical decision point; this is the moment where an immigrant comes into contact with not only the criminal justice system, but with the immigration system, through interlinked databases and expectations that local law enforcement will detain undocumented immigrants for ICE.
In another report, Yale Law professor Michael Wishnie examines equities at play in immigration law. He notes that the increasingly punitive nature of immigration law post 1996 has shifted the legal equation. When a lawful permanent resident faces removal for a crime committed twenty years ago, and that removal results in a separation from family members for five or ten years, or even forever, the penalty far exceeds the violation. Wishnie argues that the changing nature of immigration law, one that increasingly relies on penalties more akin to criminal law, necessitates changing tactics and arguments in fighting removal cases." - Immigration Impact, Apr. 11, 2012.
Prof. Hiroshi Motomura, UCLA Prof. Michael Wishnie, Yale