|Present||Samuel Weiss Faculty Scholar, Clinical Professor of Law, and Director, Center for Immigrants' Rights, Penn State Law|
Honors and Awards
- Department of Homeland Security's Office for the Inspector General, Leadership Award
- Department of Homeland Security's Office for Civil Rights and Civil Liberties, Leadership Award
- American-Arab Anti-Discrimination Committee, Pro Bono Attorney of the Year
- Immigration Law
- Asylum and Refugee Law
- Center for Immigrants' Rights
FOIAs with USCIS on Prosecutorial Discretion (9)
Standard Operating Procedure for Deferred Action (non-DACA) (2015)
In January 2015, I filed a FOIA request seeking updated internal policies and correspondence regarding deferred action (non-DACA) with USCIS. In August 2015, I received a response containing the Standard Operating Procedure (SOP) (version date ...
Standard Operating Procedure: Deferred Action for Childhood Arrivals (DACA) (2013)
In Fall 2012 I filed a Freedom of Information Act (FOIA) Request with DHS seeking records pertaining to the agency's implementation of the Deferred Action for Childhood Arrivals (DACA) Program, among other items. DHS provided ...
FOIAS with CBP and ICE on Prosecutorial Discretion (4)
Scholarly Articles on Prosecutorial Discretion (15)
The Aftermath of United States v. Texas Yale Journal on Regulation: Notice and Comment (2016)
On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred ...
Beyond Deportation: Understanding Immigration Prosecutorial Discretion and United States V. Texas Immigration and Nationality Law Review (2016)
In this article, I place the Supreme Court case of United States v. Texas into a broader context by describing the history and legal authority for prosecutorial discretion in immigration law and highlighting the contents ...
Remarks on Executive Action and Immigration Reform Case Western Reserve Journal of International Law (2016)
This essay places the President's executive actions on immigration last November into a larger context by providing a brief history of prosecutorial discretion in immigration cases. This essay also describes how law students at Penn ...
The President and Deportation: DACA, DAPA, and the Sources and Limits of Executive Authority - Response to Hiroshi Motomura Washburn Law Journal (2016)
This Essay is a response to Washburn University School of Law's Foulston Siefkin Lecture, 2015 titled "The President and Deportation: DACA, DAPA, and the Sources and Limits of Executive Authority," delivered by Professor Hiroshi Motomura ...
Demystifying Employment Authorization and Prosecutorial Discretion in Immigration Cases Columbia Journal of Race and Law (2015)
On November 20, 2014, President Barack Obama announced a series of immigration programs aimed to reform the immigration system. Deferred Action for Parents of Americans or Lawful Permanent Residents (DAPA) and extended Deferred Action for ...
The Rise of Speed Deportation and the Role of Discretion Columbia Journal of Race and Law (2014)
In 2013, the majority of people deported never saw a courtroom or immigration judge. Instead, they were quickly removed by the Department of Homeland Security via one of several procedures collectively referred to as “speed ...
My Great FOIA Adventure and Discoveries of Deferred Action Cases at ICE Georgetown Immigration Law Journal (2013)
This Article describes my adventures in FOIA litigation and analyzes deferred action data collected informally by 24 ICE field offices between October 1, 2011, and June 30, 2012. This Article also offers recommendations for the ...
Response, the Obama Administration, In Defense of DACA, Deferred Action, and the DREAM Act Texas Law Review, Vol. 91:59 (2013)
This essay responds to “The Obama Administration, the DREAM Act and the Take Care Clause” by Robert J. Delahunty and John C. Yoo. Though I credit Yoo and Delahunty for considering the relationship between the ...
The Immigration Prosecutor and the Judge: Examining the Role of the Judiciary in Prosecutorial Discretion Decisions Harvard Latino Law Review (2013)
Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases. ...
Sharing Secrets Examining Deferred Action and Transparancy in Immigration Law University of New Hampshire Law Review (2011)
This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of ...