Tag Archives: immigration law

Immigration Administrative Processing: FOIA Response from Department of State, by Shoba Sivaprasad Wadhia

by Guest Blogger — Monday, July 10, 2017

In April 2014, the Center for Immigrants’ Rights Clinic (on behalf of Maggio & Kattar) filed a FOIA request seeking information about the Department of State’s Administrative Processing Program. This same year, we researched and prepared a “Frequently Asked Questions” document that is available here. Administrative processing, also known as Security Advisory Opinion (SAO), is […]

Scrubbing Away Transparency and Our Immigration Resources, by Geoffrey A. Hoffman

by Guest Blogger — Monday, July 10, 2017

The EOIR Benchbook, as well as other resources, such as Asylum Officer Basic Training lesson plans and now parts of the Department of State’s Foreign Affairs Manual, have been scrubbed from official federal websites.  It shows a disturbing trend toward lack of transparency and accountability.  It begs the question, does it mean the judges are no longer […]

What 2016 Gorsuch Opinions Could Mean for 2017 Re-Argument in Sessions v. Dimaya

by Michael Kagan — Monday, July 3, 2017@MichaelGKagan

At the end of its term, a shorthanded and evidently evenly divided Supreme Court scheduled two immigration cases for re-argument next term when nine justices can hear the cases. Of the two, Sessions v. Dimaya stands out because the ninth and newest justice has very recently issued opinions that seem to bear directly on key […]

“Not a One-Person Show”: Trump as Administrator-in-Chief of the Immigration Bureaucracy, by Ming H. Chen

by Guest Blogger — Wednesday, June 21, 2017

[6/28/2017 Update: When the travel ban is heard in the Supreme Court’s October 2017 term, the core issue will be the President’s leadership of the executive branch, an issue mired in administrative law as much as immigration and Constitutional law.] Recent events paint a portrait of what President Trump is like as a boss. It […]

Understanding the Final Rule Ending NSEERS, by Shoba Sivaprasad Wadhia

by Guest Blogger — Friday, Dec. 23, 2016

Effective December 23, the regulation giving rise to NSEERS or special registration is officially terminated. The magnitude of this win for Muslim, Arab and South Asian organizations; rights groups; and the rule of law cannot be underestimated as it comes on the heels of nearly 15 years of uphill and tireless work to defend those […]

Whoever has the Power, Remember the Procedure, by Jill Family

by Guest Blogger — Monday, Mar. 14, 2016

Procedural fairness is not a policy priority in immigration law. Yes, the Supreme Court will hear oral argument soon in Texas v. United States, a case that raises questions about whether the Department of Homeland Security used appropriate procedures in formulating a prosecutorial discretion plan. In that case, some states are challenging the policy, arguing […]

Agency Power in Immigration, by Bijal Shah

by Guest Blogger — Friday, Feb. 12, 2016

In many ways, the burgeoning study of the bounds of the President’s power lies at the intersection of administrative and immigration law. A related area in which I have a special interest is the exercise of power by officials below the level of the president. In my view, the rich literature on agencies’ activity is […]

Immigration Law Is Torn Between Administrative Law and Criminal Law, by Michael Kagan

by Guest Blogger — Friday, Feb. 12, 2016

The primary reason for the decline of immigration exceptionalism is that plenary power has become “subject to important constitutional limitations,” as the Supreme Court said in Zadvydas v. Davis. We do not yet have a complete picture of what all of those constitutional limitations are. We also know that plenary power has not entirely disappeared, […]

Rethinking Immigration Exceptionalism(s), by David S. Rubenstein

by Guest Blogger — Thursday, Feb. 11, 2016

Donald Trump’s suggestion that we temporarily ban Muslim immigrants from entering the country sent shockwaves through the American psyche. Yet even more shocking, to some, is that Trump’s idea might be constitutional. For more than a century, the Supreme Court has crafted and maintained special doctrines for immigration that depart from mainstream legal norms. If […]

Employment Authorization and Prosecutorial Discretion: The Case for Immigration Unexceptionalism, by Shoba Sivaprasad Wadhia

by Guest Blogger — Wednesday, Feb. 10, 2016

The exercise of prosecutorial discretion or “PD” is an important feature in the immigration system. It requires each DHS component to make decisions about whether a person legally eligible for immigration enforcement should still be allowed to reside in the United States on a temporary basis. PD recognizes that in a universe of limited resources, […]