THE GIBSON REPORT — 02-12-18 — COMPILED BY ELIZABETH GIBSON ESQ, NEW YORK LEGAL ASSISTANCE GROUP

GIBSON REPORT — 02-12-18

HEADLINES:

TOP UPDATES

 

Bitter immigration fight is no closer to ending after budget deal passes

CNBC: Senate Majority Leader Mitch McConnell is set to fulfill his promise to open debate on an immigration bill next week, but crafting a plan that can pass both chambers of Congress and appease President Donald Trump is no easy task.

 

Applicant Arrested at Asylum Interview

Caleb Arring: I am an immigration attorney in San Francisco. Today my client was ARRESTED BY ICE AT HIS ASYLUM INTERVIEW for no apparent reason. He has no criminal history, no arrests, no prior orders of removal, no red flags. The only thing that could be remotely considered a red flag is that he is from Sudan, one of the countries on the original travel ban list. I am trying to get the word out about this. I can be contacted at caleb.arring@gmail.com.

 

ICE Issues Guidance on Enforcement at Courthouses

AIC: After a significant increase in arrests outside of courthouses in 2017, Immigration and Customs Enforcement (ICE) has finally released new guidance that officially gives its agents permission to conduct civil immigration enforcement at courthouses.

 

Advocates walk out of Bronx Courthouse after another Courthouse arrest

NY Post: An immigrant brought to the US when he was just 3 years old was arrested outside a Bronx courthouse Thursday by ICE officers who said he was in the country illegally.

 

Trump’s draft plan to expand the definition of public charge

Vox: The Trump administration is working on new rules that would allow the government to keep immigrants from settling in the US, or even keep them from extending their stays, if their families had used a broad swath of local, state, or federal social services to which they’re legally entitled — even enrolling their US-born children in Head Start or the Children’s Health Insurance Program (CHIP). See attached draft and talking points. See also State Department redefines public charge standard.

 

Trump directive establishes new immigration vetting center

Politico: President Donald Trump signed a national security memorandum on Tuesday establishing a vetting center aimed at improving the screening process of those who want to enter the U.S. See also Secretary Kirstjen M. Nielsen Statement on the National Vetting Center.

 

VAWA & SIJS Email Hotlines No Longer Operational

NYIC: The VAWA and SIJS email hotlines are no longer operational at the local offices. VSC has a VAWA hotline that can still be used.  For any questions on specific cases at the local office, the appropriate Field Office Director should be contacted. This change is due to the fact that operating such hotlines across the four offices that now make up the New York District was too difficult.

 

Admin Closure v. Status Docket

LSSNY: I had a MC before judge Kolbe this morning where I asked for (via written motion addressing the objections DHS has been making) and got admin closure instead of status docket for an approved 360. I’m sure there would’ve been more hesitance from IJ if it was just a pending 360 but ICE still objected saying they object to a/c unless they see a filed 485.

 

DHS Acting Press Secretary Statement on January Border Apprehension Numbers

DHS: The administration will continue to work with Congress to pass its responsible, fair and pro-American immigration framework that provides funding for the border wall system, ends chain migration and the diversity visa lottery, and creates a permanent solution for DACA.

 

Foreign Policy Obtains Draft Report Calling for Long-Term Surveillance of Sunni Muslim Immigrants

This draft report, produced at the request of CBP, obtained by Foreign Policy, looks at 25 terrorist attacks in the United States between October 2001 and December 2017, and called on authorities to continuously vet Sunni Muslim immigrants deemed to have “at-risk” demographic profiles. AILA Doc. No. 18020803

 

LITIGATION/CASELAW

 

ICE Is Targeting Political Opponents For Deportation, Ravi Ragbir And Rights Groups Say In Court

Intercept: U.S. IMmigration And Customs Enforcement is unconstitutionally using its power to suppress political dissent by targeting outspoken immigration activists for surveillance and deportation, according to allegations in a federal lawsuit filed on Friday by immigration rights groups.

 

Litigation Updates from HoldCBPAccountable (ACLU, AIC, NIRP)

  • In Doe, et al v. Kelly, the Ninth Circuit upheld the lower court’s preliminary injunction in its entirety, rejecting the government’s argument that the Tucson Sector Border Patrol should not be required to provide detainees with clean bedding and an opportunity to wash themselves and to ensure that each detainee was given basic medical screening.
  • In John Doe and Jane Roe v. United States, an FTCA claim seeking damages following abusive conditions in an hielera (CBP short-term detention facilities), the District Court denied the Defendants’ motion to dismiss and the case was later resolved by the parties.
  • In Serrano v. CBP, the Institute for Justice brought class action litigation challenging CBP’s practice of seizing U.S. citizens’ property without holding prompt post-seizure civil forfeiture hearings at which the owners can challenge CBP’s actions.
  • In Alasaad v. Duke, the Electronic Frontier Foundation and the ACLU brought suit against CBP’s practice of seizing electronic devices at the border without a warrant or even probable cause.
  • In Wilwal v. Kelly, the ACLU brought suit challenging CBP’s abusive detention of a Muslim-American family at the U.S.-Canada border, as well as one family member’s erroneous placement on a terrorism watchlist.

 

BIA Finds Residential Burglary Is Not a CIMT

Unpublished BIA decision holds that residential burglary under Cal. Penal Code 459 is not a CIMT. Special thanks to IRAC. (Matter of Delgadillo Armas, 4/27/17) AILA Doc. No. 18020934

 

BIA Finds Identity Theft Not a CIMT

Unpublished BIA decision holds that identity theft under 18 Pennsylvania Consolidated Statutes 4120(a) is not a CIMT because it does not require a specific intent to defraud or deceive. Special thanks to IRAC. (Matter of Benka Coker, 4/28/17) AILA Doc. No. 18020933

 

BIA Holds Grand Theft by Labor Not an Aggravated Felony

Unpublished BIA decision holds that grand theft by embezzlement under Cal. Penal Code 487 is not an aggravated felony theft offense because it criminalizes theft of labor and services and theft by false pretenses. Special thanks to IRAC. (Matter of S-D-, 4/26/17) AILA Doc. No. 18020535

 

 

CA1 Upholds Denial of Withholding of Removal and CAT Protection to Honduran Petitioner

The court denied the petition for review, finding, among other things, that the evidence did not compel a finding that the petitioner established a nexus between his alleged past persecution or any likely future persecution and his family membership. (Ruiz-Escobar v. Sessions, 2/2/18) AILA Doc. No. 18020900

 

CA5 Partially Dismisses and Partially Denies Petition for Review of BIA’s Denial of Motion to Reopen

The court partially dismissed the petition for lack of jurisdiction and partially denied the petition, finding that the petitioner’s claim that the BIA violated his due process rights was unavailing. (Mejia v. Sessions, 2/2/18) AILA Doc. No. 18020932

 

CA5 Finds Plaintiff Could Not Prove United States Citizenship

The court concluded that the plaintiff, born in 1969 in Mexico, could not meet the requirements to prove United States citizenship because he could not show that he was legitimated by his United States citizen father before the plaintiff turned 21. (Gonzalez-Segura v. Sessions, 2/6/18) AILA Doc. No. 18020931

 

CA5 Denies Petition for Review Where Petitioner Failed to Raise the Issue of the Realistic Probability Test

The court found that the BIA did err in its application of the categorical approach to the petitioner’s conviction, but denied the petition for review because the petitioner failed to address the issue of the realistic probability test in his brief. (Rodriguez Vazquez v. Sessions, 2/1/18) AILA Doc. No. 18020937

 

CA7 Finds Salvadoran Petitioner Did Not Establish Nexus Between Fear of Harm and a Familial Relationship

The court denied the petition for review, holding that the petitioner did not establish a nexus between her fear of harm by gang members and a familial relationship and that the harm was motivated by the gang’s desire to extort money from her. (Villalta-Martinez v. Sessions, 2/7/18) AILA Doc. No. 18020901

 

CA7 Finds Petitioner’s Indiana Conviction for Attempted Sexual Misconduct with a Minor to Be An Aggravated Felony

The court found that the petitioner’s conviction for attempted sexual misconduct with a minor under Indiana Code §35-42-4-9(a) was an aggravated felony under INA §101(a)(43)(A). (Correa-Diaz v. Sessions, 1/31/18) AILA Doc. No. 18020941

 

ACTIONS

 

  • AILA: Call for Examples: Compelling Family Immigration Stories

 

RESOURCES

 

(In-person) Tax Prep Options

  • The Financial Clinic operates 4 in-person Tax Clinics in Brooklyn, LES, East Harlem, and the Bronx. Schedule online at https://taxesatclinic.youcanbook.me/ or by calling (212) 505-3482. Walk-ins are also welcome at most sites, but t make an appointment to avoid longer wait times.
  • If none of those locations are convenient, you can find all NYC Free Tax Prep VITA locations here: http://www1.nyc.gov/assets/dca/TaxMap/
  • For ITIN Certification sites, use the Tax Map and check the box for “I am applying for an Individual Taxpayer Identification Number” to search these sites.
  • IRS Volunteer Income Tax Assistance (VITA) Tax Preparation is free for anyone who earned less than $54,000 in 2017
  • ITIN applications and renewals must be done in-person. Applicants should bring their current passport and/or visa. See below for in-person VITA sites.

Filing Online

  • Turbo Tax Freedom Edition if you earned $33,000 or less in 2017.
  • com if you earned $66,000 or less in 2017.

Other

  • Legal Aid will show you how to find out if you’re in NYPD’s gang database
  • HRF: credible fear and fraud safeguards factsheet (updated)
  • HRF: immigration court appearance rates factsheet (updated)
  • HRF: Asylum Myth v. Fact
  • HRF Asylum flowcharts (attached)
  • Free English Classes in Sunset Park (attached)
  • AIC: Motions to reopen practice advisory
  • AILA: Bite-Sized Ethics: Final Orders, Enforcement Priorities, and Moving to Evade Arrest
  • AILA: Asylum Cases on Credibility
  • AILA: Asylum Cases on One-Year Filing Deadline
  • AILA: Asylum Cases on Political Opinion
  • AILA: Crossing State Lines: A Practical Guide for Immigration Lawyers When Volunteering Their Services Out-of-State

 

EVENTS

 

  • 2/13/18Pointers for Success at Points of Entry on the Northern Border
  • 2/17/18Real People. Real Lives. Women Immigrants of New York at Queens Museum
  • 2/18/18Black History Month 2018 Race and Immigration Film Series
  • 2/21/1 Register for a Free Habeas Corpus Nuts and Bolts Webinar
  • 2/23/182018 Immigration and Asylum Law Conference (Federal Bar Association and New York Law School)
  • 2/26/18New Sanctuary Coalition ACCOMPANIMENT TRAINING John Bowne H.S.
  • 2/27/18Non-Court Removal Orders: Expedited, Stipulated, Reinstated, Oh My!
  • 3/1/18 Race and Immigration in the Age of Trump
  • 3/14/18Reopening Cases for Justice: Basic Rules and Advanced Strategies for Motions to Reopen in Immigration Cases 
  • 4/12/18AILA 2018 Removal Defense Conference and Webcast
  • 4/30/18 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)
  • 6/20/18 Leadership and Advocacy Training (LAT)intended for emerging advocates from Southeast Asian American and ally communities to learn how to advocate effectively for policy change – Apply by February 28
  • 7/1-3/18 National Institute for Trial Advocacy & CLINIC Training in Boulder, CO
  • 7/26/18 Defending Immigration Removal Proceedings 2018

***********************************

As always, thanks, Elizabeth!

PWS

02-14-18

 

THE GIBSON REPORT — 02-05-18 — COMPILED BY ELIZABETH GIBSON ESQ, NY LEGAL ASSISTANCE PROJECT

02-05-18 – Gibson Report

HEADLNES:

“TOP UPDATES

Changes to Asylum Interview Scheduling

USCIS: seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization.

USCIS will follow these priorities when scheduling affirmative asylum interviews:

  1. Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;
  2. Applications pending 21 days or less since filing; and
  3. All other pending applications, starting with newer filings and working back toward older filings.

Additionally, the Affirmative Asylum Bulletin issued by USCIS has been discontinued.

  • Note:  When this policy has trapped pending cases in an infinite backlog in the past, mandamus actions were often used to get cases scheduled

 

ICE is about to start tracking license plates across the US

The Verge: The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to a contract finalized earlier this month. The system gives the agency access to billions of license plate records and new powers of real-time location tracking, raising significant concerns from civil libertarians.

 

Extension of Syrian TPS

USCIS: Secretary Nielsen determined that the ongoing armed conflict and extraordinary conditions that support Syria’s designation for TPS continue to exist. Therefore, pursuant to the statute she has extended Syria’s TPS designation for 18 months.

 

ICE Releases Directive on Civil Immigration Enforcement Actions Inside Courthouses

ICE publishes its policy on civil immigration enforcement actions inside federal, state, and local courthouses, stating that this activity is “wholly consistent with longstanding law enforcement practices, nationwide…. often necessitated by the unwillingness of jurisdictions to cooperate with ICE….” AILA Doc. No. 18013140.

 

Immigration Legislation Attempts

 

DHS Announces Additional Security Procedures for Refugees Seeking Resettlement in the U.S.

DHS announced additional security enhancements and recommendations for the U.S. Refugee Admissions Program (USRAP), including additional screening for certain nationals from high-risk countries, administering the USRAP in a more “risk-based manner,” and periodic review. AILA Doc. No. 18013001

 

LITIGATION/CASELAW

 

Judge Orders Immediate Release of an Immigrant Rights Activist

The District Court of the Southern District of New York granted a petition for habeas corpus and ordered that the petitioner be immediately released from custody so that he can say goodbye prior to removal. (Ragbir v. Sessions, 1/29/18). AILA Doc. No. 18020137

 

BIA Narrows Definition of “Admitted In Any Status” for Cancellation of Removal Purposes

The BIA held that, outside the Fifth and Ninth Circuits, to establish continuous residence after having been “admitted in any status” for cancellation of removal, an individual must be admitted in lawful immigration status. Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018). AILA Doc. No. 18013031

 

BIA Orders Respondent Detained without Bond Due to DUIs

The BIA vacated the IJ’s decision to set a $25,000 bond and ordered detention without bond, after finding that the respondent did not meet his burden to show that he was not a danger to the community due to multiple convictions for DUIs. Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018). AILA Doc. No. 18020239

 

BIA Holds Leaving Scene of Accident Not a CIMT

Unpublished BIA decision holds that leaving the scene of an accident under Cal. Veh. Code 20001(a) is not a CIMT because it criminalizes mere failure to provide all forms of identification. Special thanks to IRAC. (Matter of Khan, 4/26/17) AILA Doc. No. 18020203

 

BIA Finds Possession of Cocaine with Intent to Manufacture or Deliver Not an Aggravated Felony

Unpublished BIA decision holds possession of cocaine with intent to manufacture or deliver under Fla. Stat. 893.13 is not an aggravated felony because neither offense requires unlawful trading or dealing. Special thanks to IRAC. (Matter of Christie, 4/26/17). AILA Doc. No. 18013042

 

CA1 Upholds Denial of Asylum Due to Failure to Show Membership in a Cognizable Social Group

The court denied the petition for review, finding that the petitioner’s proffered social group was insufficiently particular and also failed the social distinctiveness requirement. (Perez-Rabanales v. Sessions, 1/26/18). AILA Doc. No. 18013135

 

CA3 Holds That a Conviction for Georgia Forgery Is an Aggravated Felony

The court denied the petitions for review, holding that a conviction under Georgia’s forgery statute constitutes an offense “relating to” forgery that falls under INA §101(a)(43)(R), making the petitioner subject to removal as an aggravated felon. (Williams v. Att’y Gen., 1/19/18). AILA Doc. No. 18013132

 

CA5 Holds That Petitioner’s PTSD Did Not Have to Be Considered in Determining His Credibility

The court denied the petition for review, holding that Matter of J-R-R-A- did not apply despite the petitioner’s PTSD diagnosis and deferring to the determinations of the IJ and the BIA that his testimony was not credible. (Singh v. Sessions, 1/23/18). AILA Doc. No. 18013134

 

CA7 Upholds Decision That Petitioner from Kyrgyzstan Did Not Prove Eligibility for Asylum

The court denied the petition for review, holding that the IJ and the BIA did not err in concluding that the petitioner’s persecution was not connected to membership in a particular social group of persons associated with a particular political family. (Zhakypbaev v. Sessions, 1/26/18). AILA Doc. No. 18020134

 

CA7 Holds That IJ and BIA Did Not Err in Applying “Substantial Risk of Torture” Standard for Eligibility for CAT Relief

The court denied the petition for review, finding that in asking whether the petitioner faced a “substantial risk of torture,” the IJ and the BIA did not misunderstand the burden an individual faces when seeking relief under the Convention Against Torture. (Perez-Montes v. Sessions, 1/24/18). AILA Doc. No. 18020132

 

CA9 Finds No Right to Court-Appointed Counsel for Minors in Immigration Proceedings

The court denied the petition for review, holding that there is no categorical right to court-appointed counsel at government expense for minors in immigration proceedings, under either the Due Process Clause or the INA. (C.J.L.G. v. Sessions, 1/29/18). AILA Doc. No. 18013036

 

CA9 Holds That California Carjacking Is Not a Crime of Violence

The court held that a conviction for carjacking under California Penal Code §215(a) is not a crime of violence under INA §101(a)(43)(F), but remanded to the BIA on the issue of whether the petitioner’s conviction was a theft offense under §101(a)(43)(G). (Solorio-Ruiz v. Sessions, 1/29/18). AILA Doc. No. 18020135

 

CA11 Holds Battery of a Child Under Fla. Stat. §784.085 to Be a Crime of Child Abuse and a CIMT

The court held that a battery of a child conviction under Florida Statute §784.085 is categorically a crime of child abuse and a crime involving moral turpitude (CIMT). (Pierre v. Attorney General, 1/18/18). AILA Doc. No. 18020260

 

Texas and Other States File Amicus Brief Challenging Injunction Against DACA Rescission

Texas and several other states filed an amicus brief with the Supreme Court arguing that the Court should reverse the district court’s 1/9/18 order enjoining the rescission of the DACA program. (DHS v. Regents of the University of California, 1/25/18) AILA Doc. No. 17091102

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

*************************************

PWS

02-05-18

THE GIBSON REPORT – 01-29-18 – COMPILED BY ELIZABETH GIBSON, ESQ.

THE GIBSON REPORT – 01

HEADLINES:

TOP UPDATES

 

Trump’s Immigration Legislative Proposal

Keep in mind that this is just one of many, many proposals on the negotiating table.

Policies Included in Trump proposal:

  • DACA: 10-12 year path to citizenship
  • Eliminate Lottery
  • Policies that prioritize family members to spouses and minor children only
  • $25 billion trust fund for the border wall
  • Also implies changes to parole, bond, the credible fear standard, TVPRA, Flores, the Criminal Alien Gang Member Removal Act, visa overstays, and possibly safe third country.

 

Immigration tops the list of issues for Trump’s first State of the Union

CNN: President Donald Trump will pitch his controversial immigration plan during his first State of the Union address on Tuesday night, a senior administration official tells CNN, hoping to use the unfiltered, high-profile speech to convince skeptical members of both parties that the proposal the White House rolled out Thursday is a compromise worthy of their support.

 

DACA Recipients will Remain Eligible for State Medicaid in NYC

Gov’s Office: Governor Andrew M. Cuomo today announced that recipients of the Deferred Action for Childhood Arrivals policy will remain eligible for state-funded Medicaid, regardless of any federal changes to or termination of the program. Information for Medicaid-eligible DACA Recipients Available Here.

 

DOJ Demands Documents and Threatens to Subpoena 23 Jurisdictions As Part of 8 U.S.C. 1373 Compliance Review

DOJ sent letters to 23 jurisdictions, demanding the production of documents that could show whether each jurisdiction is restricting information sharing. The letters also state that recipient jurisdictions that fail to respond will be subject to a DOJ subpoena. AILA Doc. No. 18012435

 

Shifting Gears, Trump Administration Launches High-Profile Worksite Enforcement Operations

MPI: In January 2018, the Trump administration carried out its largest immigration action yet against a U.S. employer, with hundreds of federal immigration agents descending upon 98 stores in the 7-Eleven chain in 17 states and the District of Columbia… While few immigrants were arrested, the highly visible action—targeting a chain of convenience stores known for their presence in working-class and immigrant communities—sends a clear message that the workplace is not free from immigration enforcement. And it may also signal a major shift in worksite enforcement policy from the previous administration.

 

ICE Targets Immigrant Rights Activists for Deportation

Intercept: The events in New York are taking place against a national backdrop of escalating actions against prominent immigrant rights figures.

 

Hispanics forgo health services to avoid officials’ attention, advocates say

WaPo: The trend stabilized a bit as the year went on, but it remains clear that the increasingly polarized immigration debate is having a chilling effect on Hispanic participation in health-care programs, particularly during the enrollment season that ended in December.

 

TRAC Report: Hot Spots with Highest Growth in Immigration Court Backlog

TRAC: Three New York metropolitan counties – Queens, Kings (Brooklyn), and Suffolk (eastern Long Island) – placed third, fourth, and fifth, respectively, in the sheer number of residents with pending Immigration Court cases. The growth rate of their pending cases between May 31, 2017 and December 31, 2017 ranged between 6 and 8 percent.

 

DOJ Limits Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases

DOJ issued a memo stating that for affirmative civil enforcement cases, it may not use its enforcement authority to convert agency guidance documents into binding rules. Noncompliance with guidance documents may not be used as a basis for proving violations of applicable law in these cases. AILA Doc. No. 18012637.

 

 

LITIGATION/CASELAW

 

Supreme Court agrees to speed up Trump’s DACA appeal

USA Today: By setting up a fast track for both sides to submit court papers, the high court likely will consider the Justice Department’s request at its Feb. 16 conference. If it decides to take the case, it could hear arguments in the spring.

 

Lawsuit Against DHS on Haitian TPS

NAACP: The U.S. Department of Homeland Security’s decision to rescind the Temporary Protective Status (TPS) designation for Haitian immigrants discriminates against immigrants of color, in violation of the Fifth Amendment, according to a new lawsuit filed today on behalf of the National Association for the Advancement of Colored People (NAACP) by the NAACP Legal Defense and Educational Fund (LDF) in the U.S. District Court for the District of Maryland.

 

BIA Upholds Bond Based on Materially Changed Circumstances

Unpublished BIA decision upholds grant of bond based on materially changed circumstances where respondent attended rehabilitation meetings after DUI conviction and wife provided assurances that she would drive respondent. Special thanks to IRAC. (Matter of M-R-R-A-, 4/25/17) AILA Doc. No. 18012632

 

CA7 Finds Lack of Jurisdiction to Review USCIS Action in Religious Worker Case

The court affirmed the district court’s dismissal of the appellees’ complaint regarding USCIS’s denial of a Form I-485 and revocation of its initial approval of a Form I-360 for a religious worker due to lack of jurisdiction. (Bultasa Buddhist Temple of Chicago v. Nielsen, 12/22/17) AILA Doc. No. 18012300

 

CA7 Holds BIA Did Not Err in Granting Motion to Remand on Frivolous Asylum Application Issue

The court found that the BIA did not procedurally err in granting DHS’s motion to remand to the IJ for reconsideration of whether the petitioner, an Iranian national who did not disclose her Norwegian citizenship, had filed a frivolous asylum application. (Shojaeddini v. Sessions, 1/11/18) AILA Doc. No. 18012333

 

CA7 Denies Motion for Stay of Removal for Bisexual Citizen of Jamaica

The court denied the petitioner’s motion for a stay of removal pending the court’s consideration of his petition for review because the BIA’s decision on a motion to reopen “is discretionary and unreviewable.” (Fuller v. Sessions, 1/8/18) AILA Doc. No. 18012361

 

CA8 Denies Petition for Review of Eligibility of Follower of Santa Muerte for Withholding and CAT Protection

The court denied the petition for review, holding that substantial evidence supported the finding that the petitioner failed to establish either a sufficient nexus between his faith and his mistreatment or a likelihood of torture if removed. (Garcia-Moctezuma v. Sessions, 1/11/18) AILA Doc. No. 18012332

 

CA8 Upholds Denial of Asylum to Ethiopian Petitioner

The court upheld the BIA’s denial of asylum to an Ethiopian petitioner who spoke out against a government massacre, finding that the facts did not compel a finding of past persecution based on political opinion or a well-founded fear of future persecution. (Baltti v. Sessions, 12/19/17) AILA Doc. No. 18012336

 

CA8 Finds Petitioner’s Minnesota Misdemeanor Domestic Assault Conviction to Be a Crime of Domestic Violence

The court denied the petition for review, finding that the petitioner’s Minnesota misdemeanor domestic assault conviction was a crime of domestic violence under INA §237(a)(2)(E)(i) that rendered him ineligible for cancellation of removal. (Onduso v. Sessions, 12/20/17) AILA Doc. No. 18012434

 

CA9 Denies Petitioner’s Due Process Claim Based on Denial of Counsel During Administrative Removal Proceedings

The court held that the petitioner’s due process claim based on denial of the right to counsel during his initial interaction with DHS during administrative removal proceedings failed because he made no showing of prejudice. (Gomez-Velazco v. Sessions, 1/10/18) AILA Doc. No. 18012431

 

CA9 Terminates Removal Proceedings Against Petitioner Convicted of Drug Conspiracy in Nevada

The court granted the petition for review and terminated the removal proceedings against the petitioner, holding that Nevada Revised Statutes §199.480 and §454.351 are not categorical matches to the generic federal statutes. (Villavicencio v. Sessions, 1/5/18) AILA Doc. No. 18012400

 

CA9 Holds That Adam Walsh Act Applies to Petitions Filed Before Its Effective Date

The court held that the Adam Walsh Act applies to I-130 petitions that were filed, but not yet adjudicated, before its effective date. (Gebhardt v. Nielsen, 1/9/18) AILA Doc. No. 18012436

 

CA9 Affirms District Court’s Preliminary Injunction Ordering CBP to Improve Conditions in Holding Cells

The court affirmed the preliminary injunction issued on 11/18/16 by the U.S. District Court for the District of Arizona that ordered CBP to take certain steps to improve conditions in its holding facilities within the Tucson Sector. (Doe v. Kelly, 12/22/17) AILA Doc. No. 18012437

 

 

ACTIONS

 

·         Call for Examples: Asylum Applicants denied cash assistance:  NYLAG’s Abby Biberman: Can you please let me know if you have clients who are asylum applicants with work authorization who were denied Cash Assistance after the 17 TA/DC-047 https://otda.ny.gov/policy/gis/2017/17DC047.pdf policy was issued on Nov 21, 2017?  If yes, did they receive the old CNS notice that doesn’t include this group?

*********************************

PWS

01-29-18

THE GIBSON REPORT 01-22-18 – Compiled by Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT 01-22-18

TOP UPDATES

 

“Shutdown

Here’s the general practice alert from AILA. In summary:

  • EOIR:  Varick is open, 26 Fed is not. Clerks have stated that there will be no morning or afternoon non-detained hearings today.
  • OCC: Until Congress passes an appropriations bill, the Office of Chief Counsel New York will only be receiving and processing mail for detained cases at Varick Street and ICE Hudson Valley.  The filing window at 26 Federal Plaza will be closed.  You may continue to file documents for the non-detained docket via eService.  However, those documents will not be processed until after we return to normal operations.
  • USCIS: Fee-funded activities remain open. A few specific exceptions are listed here.
  • Asylum Offices: Open for business as usual.
  • CBP: Open for business as usual with a few exceptions.
  • DOL: will  cease receiving and processing applications during the shutdown
  • DOS: scheduled passport and visa services in the United States and overseas will continue

 

DACA

  • Who Can File For Renewal Right Now:

o   DACA EXPIRED 9/5/2016 OR LATER (this is 2016 and not 2017)

o   IN CURRENT DACA STATUS – the USCIS website says if your DACA is valid beyond 3/5/2018 you cannot file for renewal, but the legal community is pretty much in agreement that this is an error and that anyone with current DACA status can file for renewal now regardless of expiration date

  • Who Can File An Initial DACA Application Right Now:

o   Individuals who had DACA previously, but it expired before 9/5/2016

  • No First Time Initial DACA Applications Are Being Accepted.  If someone has never had DACA before they cannot file for the first time now.
  • BUT: Keep in mind that this can all change any day given appeal to SCOTUS.

 

TPS

  • Haiti;

o   Termination of the Designation of Haiti for Temporary Protected Status

o   USCIS Announces Re-Registration Period Now Open for Haitians with TPS

o   USCIS Guidance: Automatic Employment Authorization Document (EAD) Extension (Haiti)

o   Practice Alert: USCIS Extends TPS and EADs for Haitians Whose Applications Remain Unadjudicated

o   DOJ Information on EADs for TPS Haiti

  • El Salvador:

o   Termination of the Designation of El Salvador for Temporary Protected Status

o   USCIS Announces Re-Registration Period Now Open for Salvadorans with TPS

o   DOJ Information on EADs for TPS El Salvador

  • Emergency Advance Parole for TPS is being denied at 26 FP: Legal Aid: TPS recipient from El Salvador, whose mother just passed away was denied for emergency advance parole at 26 FP this morning. He was charged the full fee. They asked him how he entered the country. It seems like they are trying to prevent people from curing their entries.

 

EOIR Updates its Case Priorities and Immigration Court Performance Measures Guidance

EOIR issued a memorandum, that is effective immediately, and applies prospectively to all new cases filed and to all immigration court cases reopened, recalendared, or remanded, and rescinds all other prior memoranda establishing case processing or docketing priorities. AILA Doc. No. 18011834

 

EOIR Releases OPPM on Change of Venue Requests

EOIR released Operating Policies and Procedures Memorandum 18-01, Change of Venue, stating that every Immigration Judge is required to ensure that “good cause has been shown” before granting a motion for change of venue. This OPPM replaces OPPM 01-02. AILA Doc. No. 18011733. [The memo also suggests that pleadings, removability, and types of relief be settled prior to change of venue from a detained court to a non-detained court and that the first appearance in non-detained court after such a motion be an individual hearing.]

 

Possible changes for UACs

KIND: L.A. asylum office is letting folks know there will be a few policy implemented for UACs in the next few weeks. The new policy will be to deny UAC jurisdiction for cases in which:

1)      The child is over 18 years old,

2)      The child has reunified with one or both parents, and

3)      The child now has a legal guardian.

 

Status Docket

NY Immigration Court is now placing cases on a “status docket” if they having something pending before USCIS. This appears to be in lieu of administrative closure.

 

DHS Opposing Termination for VAWA Adjustments

LSNYC: I recently filed a motion to terminate a removal case because my client’s VAWA petition was approved. The IJ denied the motion because of DHS’s opposition. When I appeared at the master last week, the TA told me they’re no longer agreeing to termination where there’s a VAWA approval. Now I’m forced to handle the client’s adjustment before the IJ, albeit in 2020.

 

Public Charge Regs

It is anticipated that a proposed rule will be issued by the President that will expand the definition of public charge, as well as its impact on a client’s inadmissibility or deportability in the US. Although this has been rumored for some time, the administration appears to be getting the ball rolling. There is just conjecture at this time about what the proposed rule will be, but it is expected to be expanded to include not just cash assistance and long term institutionalized health, but also food stamps, medicaid, head start. Also expect that order will aim to go after sponsors for reimbursement, when they sponsored someone who later becomes a public charge.

 

Trump administration’s immigrant-crime hotline releases victims’ personal information

AZ Republic: The release of private information by ICE underscores problems that have surfaced since ICE launched the Victims of Immigration Crime Engagement office, or VOICE, to “serve the needs of crime victims and their families who have been affected by crimes committed by individuals with a nexus to immigration.”

 

Update on Ravi Ragbir

He has been brought to New York from Florida and is now in  in the Orange County Correctional facility. He is awaiting a Jan. 29 hearing. He would be thrilled to get letters. Please send a note to: Ravi Ragbir, ID 2018-00097, Orange County Correctional Facility, 110 Wells Farm Road, Goshen New York, 10924.

 

US border patrol routinely sabotages water left for migrants, report says

The Guardian: United States border patrol agents routinely vandalise containers of water and other supplies left in the Arizona desert for migrants, condemning people to die of thirst in baking temperatures, according to two humanitarian groups.

 

LITIGATION/CASELAW

 

Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018)

(1) An applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed particular social group.

(2) The Board of Immigration Appeals generally will not address a newly articulated particular social group that was not advanced before the Immigration Judge.

 

Justices to review travel ban challenge

SCOTUSblog: The Supreme Court will hear oral argument on the challenge to President Donald Trump’s September 24 order, the latest version of what is often known as his “travel ban,” which limited travel from eight countries: Libya, Iran, Somalia, Syria, Yemen, North Korea, Venezuela and Chad. The announcement came in a brief order.

 

Trump administration asks Supreme Court to intervene on DACA

SCOTUSblog: [On Jan. 18] the federal government went to the Supreme Court, asking it to intervene immediately in a legal dispute over whether the Trump administration can end DACA – and to rule on the dispute before the court’s summer recess.

 

CA2 Finds No Federal Subject-Matter Jurisdiction Over Petitioner’s APA Claim

The court found that there was no basis for federal subject-matter jurisdiction over the petitioner’s Administrative Procedure Act (APA) claim challenging USCIS’s denial of jurisdiction over his adjustment of status application. The court found that the APA does not empower courts to set aside agency action where other statutes preclude judicial review and that INA §242(a)(5) is a statute that precludes judicial review of the petitioner’s case. (Singh v. USCIS, 12/22/17) AILA Doc. No. 18011961.

 

CA6 Holds That BIA Abused Its Discretion by Failing to Credit Petitioner’s Evidence

The court held that the BIA abused its discretion in denying the petitioner’s motion to reopen removal proceedings by failing to credit the facts presented by the petitioner’s evidence that showed that she would be singled out for persecution by a Mexican drug cartel based on her family membership. The court also held that the BIA abused its discretion by summarily rejecting the petitioner’s argument that she could not safely relocate to another area in Mexico. (Trujillo Diaz v. Sessions, 1/17/18) AILA Doc. No. 18011937.

 

CA1 Denies Petition for Review, Finding No Plausible Claim of Legal Error

The court denied the petition for review where the IJ had previously found that the petitioner’s testimony was insufficient to support her claim that she entered into the marriage on which her immigration petition had been based in good faith. The court found that there was no plausible claim of legal error, and that the court therefore could not substitute its assessment of the evidence for that of the IJ. The court also found that the BIA’s finding that the petitioner had not demonstrated extreme hardship was supported by substantial evidence. (Gaitu v. Sessions, 12/22/17). AILA Doc. No. 18011847.

 

CA9 Orders Government to Return Individual Removed to Mexico to the United States

the Ninth Circuit issued an order granting the petition for a writ of mandamus, ordering the government to return the petitioner to the United States by 1/16/18 and to provide him with his necessary medications. (Bringas-Rodriguez v. Sessions, 1/12/18). AILA Doc. No. 18011844.

 

CA1 Dismisses Petitions for Review of Denial of Voluntary Departure for Lack of Jurisdiction

The court dismissed the petitions for review of denial of voluntary departure to both members of a married couple, finding that the court lacked jurisdiction to review the immigration judge’s discretionary decision to deny voluntary departure. (De la Cruz Orellana v. Sessions, 12/18/17)

AILA Doc. No. 18011837

 

In lawsuits, same-sex couples say U.S. wrongly denied their children citizenship

WaPo; The lawsuits claim the State Department considers Blixt’s and Dvash-Banks’s children born “out of wedlock,” even though both couples are legally married.

 

ACTIONS

 

o   AILA: Call for Examples: RFEs or Denials Based on More than 12 Months of Practical Training

o   AILA: Call for Examples: Experiences with Waivers for Individuals Impacted by Travel Ban

o   NYCLU Request for declarations: [NYCLU is] working on an amicus brief in pending habeas litigation before the SDNY in which we want to illustrate that detention is not required or necessary to effectuate removal. We are writing to ask for assistance from practitioners from around the country (1) whose clients have received bag and baggage/departure letters, and/or (2) whose clients have gone through particularly traumatic experiences as a result of ICE revoking an order of supervision (e.g.  where a client was suddenly re-detained when they had been planning for an orderly departure or where a client was detained ostensibly on the premise that removal is imminent, only then to sit in detention for weeks). If you have had clients in these situations and are available to complete the attached declaration, please send it to me (jwells@nyclu.org) and the NYU Immigrant Rights Clinic Clinic by the end of Tuesday, January 23, 2018.

o   ACTION ALERT: #SaveTPS for Syria!

o   Take Action: Protect TPS Holders

 

RESOURCES

 

 

EVENTS

 

 

*****************************************

Thanks to the amazing Elizabeth, as always!

Although the “shutdown” appears at least temporarily resolved, I find it interesting (and telling) that notwithstanding the supposed “immigration crisis,” the DOJ opted to declare the vast majority of U.S Immigration Courts and U.S. Immigration Judges handling “non-detained” dockets to be “non-essential.”    That would have added many thousands of cases to the backlog caused by “ADR” every day during the shutdown! Also, what a “morale booster” for an already demoralized and dispirited Immigration Court system and its employees!

PWS

01`-22-18

THE GIBSON REPORT — 01-16-18

THE GIBSON REPORT—01

HEADLINES:

“TOP UPDATES

 

DACA Renewals Open Again after Judge Enjoins Recession

USCIS: Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA.  Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. (Here’s a good rundown on social media.)

 

TPS

  • El Salvador – The Secretary of Homeland Security announced her determination that termination of the Temporary Protected Status (TPS) designation for El Salvador was required pursuant to the Immigration and Nationality Act. To allow for an orderly transition, she has determined to delay the termination for 18 months. The designation will terminate on Sept. 9, 2019.
  • Haiti – Current TPS is valid through January 22, 2018 next week. On November 20, 2017, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. However, USCIS has not yet published additional information on re-registration or EAD renewal.

o   REMINDER: termination of TPS is explicitly listed in regs as an exception to the one-year asylum filing deadline. 8 CFR 1208.4(a)(5)(iv)

  • Syria – TPS is set to expire for Syria on March 31, 2018. Find updates on advocacy efforts here.

 

SCOTUS Grants Cert on Stop-Time Rule Case

SCOTUSblog: Whether, to trigger the stop-time rule by serving a “notice to appear,” the government must “specify” the items listed in the definition of a “notice to appear,” including “[t]he time and place at which the proceedings will be held.”

 

New York Immigrant Activist [Ravi Ragbir] Detained by ICE [and held] in Miami Might Be Deported Today

 

Justice Department Announces Court Order Revoking Naturalized Citizenship, Citing Fingerprint Issue

Rewire: Baljinder Singh, also known as Davinder Singh, is the first casualty of “Operation Janus,” a joint operation by the DOJ and U.S. Citizenship and Immigration Services (USCIS). It appears that because USCIS failed to use fingerprint records effectively, those who have been granted citizenship without proper fingerprint records, meaning before fingerprints were digitized, may now be subject to having their citizenship revoked.

 

Immigration Court Backlog Tops 650,000

ImmProf: According to the latest case-by-case court records, the backlog at the end of November 2017 had reached 658,728, up from 629,051 at the end of September 2017. California leads the country with the largest Immigration Court backlog of 123,217 cases. Texas is second with 103,384 pending cases as of the end of November 2017, followed by New York with 89,489 cases.

 

World Migration Report 2018

IOM: Current estimates are that there are 244 million international migrants globally (or 3.3% of the world’s population).

 

Every immigration proposal in one chart

ImmProf: This chart looks at what is and isn’t in various legislative proposals.

 

Trump is Quietly Swamping Visa Applicants in Extra Paperwork

Quartz: From last January to November, the office issued around 40% more RFEs than in all of 2016, and 65% more than in all of 2015, USCIS data shows.

 

Unpublished BIA Decisions

·         BIA Finds Aggravated Child Abuse Not Sexual Abuse of a Minor

·         BIA Finds Altering Vehicle Document Is Not a CIMT

·         BIA Upholds Bond for Respondent with Two DUI Convictions

·         BIA Holds Iowa Theft Not an Aggravated Felony

·         IJ finds Haitian not firmly resettled in Brazil on remand (attached)

 

ACTIONS

o   ACTION ALERT: #SaveTPS for Syria!

o   Take Action: Protect TPS Holders

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Tuesday, January 16, 2018

Monday, January 15, 2018

Sunday, January 14, 2018

Saturday, January 13, 2018

Friday, January 12, 2018

Thursday, January 11, 2018

Wednesday, January 10, 2018

Tuesday, January 9, 2018

Monday, January 8, 2018

 

AILA NEWS UPDATE

 

http://www.aila.org/advo-media/news/clips

 

Daily Immigration News Clips – January 12, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 12, 2018

National

Quartz Trump is quietly swamping visa applicants in extra paperwork
By Ana Campoy

New York Times These Claims About ‘Chain Migration’ Are Not Accurate
By Linda Qiu

HuffPost U.S. Warns Tourists Against Mexico Travel While Feds Threaten To Send Immigrants Back
By Willa Frej

CBS News Trump says visa lottery rewards the “worst” immigrants. That’s inaccurate
By Jacqueline Alemany

Reuters U.N. rights office decries Trump’s reported remarks as ‘racist’
By Stephanie Nebehay

Reuters Trump questions taking immigrants from ‘shithole countries’: sources

New York Times From Norway to Haiti, Trump’s Comments Stir Fresh Outrage
By Henrik Pryser Libell and Catherine Porter

New York Times Trump Alarms Lawmakers With Disparaging Words for Haiti and Africa
By Julie Hirschfeld Davis, Sheryl Gay Stolberg, and Thomas Kaplan

The Washington Post Trump attacks protections for immigrants from ‘shithole’ countries in Oval Office meeting
By Josh Dawsey

The Hill Vicente Fox: Trump’s ‘mouth is the foulest s—hole in the world’
By John Bowden

The Hill Blumenthal: Trump’s ‘s—hole’ comment is ‘racism masquerading poorly as immigration policy’
By John Bowden

Roll Call White House Won’t Deny Trump’s Slur About Haiti, African Nations
By John T. Bennett

AP Congress Is Looking For an Elusive Compromise on Immigration after President Trump’s Meeting
By Andrew Taylor and Alan Fram

Reuters Six senators say they have reached immigration deal

Reuters Bipartisan Senate immigration plan draws quick opposition

Reuters White House says immigration deal has not been reached

The Washington Post The president gives another gift to lawyers challenging his immigration orders
By Derek Hawkins

The Washington Post Trump to fight federal injunction protecting ‘dreamers’ from deportation
By Maria Sacchetti, Patricia Sullivan, and Ed O’Keefe

The Washington Post Immigration talks flounder after White House rejects deal and Trump insults foreign countries
By Ed O’Keefe, Erica Werner, and Josh Dawsey

Politico Trump rebuffs Dreamers deal reached by senators
By Seung Min Kim

CNN Trump rejects bipartisan immigration proposal at White House meeting
By Tal Kopan and Lauren Fox

The Hill Pelosi, Dems accuse GOP of moving goal posts on DACA deal
By Mike Lillis

The Hill WH: No deal yet on DACA
By Jordan Fabian

The Hill Trump hits the brakes on Senate immigration deal
By Jordain Carney

NPR ‘Deport Them’: Arpaio Departs From Trump On DACA Recipients
By Anita Kelly and Domenico Montanaro

ABC News The Note: Trump and GOP fenced in by wall, immigration
By Rick Klein

KAZU Website Puts A Face On DACA’s DREAMers
By Krista Alamanzan

AP Honduras next in line for US decision on protected migrants

Reuters Forcing Salvadorans out of U.S. carries twin risks: Red Cross
By Sophie Hares

Vox Thousands of Salvadoran TPS workers clean federal offices. Now their livelihoods are on the line.
By Alexia Fernandez

AP US Resisting Feb. 2 Deadline For Bond Hearings For Iraqis

AP Immigrant stripped of citizenship under federal initiative

AP News of activist’s detention leads to NYC supporter arrests

Wall Street Journal Immigrants Connected to Sanctuary Movement Arrested
By Ian Lovett and Alicia A. Caldwell

Wall Street Journal Immigration Officials Swarm 7-Elevens, Issue Warning to U.S. Businesses
By Alicia A. Caldwell

The Washington Post Another pregnant immigrant teen asks judge to allow access to abortion
By Ann E. Marimow

The Intercept Private Prison Continues to Send ICE Detainees to Solitary Confinement for Refusing Voluntary Labor
By Spencer Woodman

All Africa Somalia: ICE Abused Somalis for 2 Days On a Plane and Now Wants to Send Them Into Harm’s Way
By Amrit Cheng

Reuters Mexico will never pay for Trump wall: Mexican economy minister

Reuters New York charges 17 with numerous crimes, ties to Salvadoran drug gang
By Peter Szekely

New York Daily News Disgraced ex-sheriff Joe Arpaio shares anti-immigration stance: ‘Deport them’
By Denis Slattery

The Week Trevor Noah peeks behind the curtains of Trump’s immigration show
By Peter Weber

MSNBC Rachel Maddow Quoting Frank Sharry (Part 1)

MSNBC Rachel Maddow Quoting Frank Sharry (Part 2)

Bustle What The New DACA Ruling Means For Dreamers & Other Undocumented People
By Madhuri Sathish

Politico Magazine (Opinion) Buy Off Trump With the Wall
By Rich Lowry

New York Times (Op-Ed) John Kasich and Jeb Bush Jr.: A Bad Idea on Immigration
By Governors John Kasich and Jeb Bush Jr.

The Washington Post (Op-Ed) It’s on Republicans to stop a shutdown
By Senator Bernie Sanders

The Hill (Op-Ed) We must take back DACA debate from political predators
By Derek Monson

Local

Seattle Times Washington state regularly gives drivers’ info to immigration authorities; Inslee orders temporary halt
By Nina Shapiro

The National 6,900 Syrians in US face risk of deportation if Trump ends protection
By Joyce Karam

Southampton Patch Advocacy Groups Blast Proposed End Of Protection For Salvadorans
By Lisa Finn

Charlotte Observer Man gets prison, then deportation for stealing data to make IDs for the undocumented
By Joe Marusak

Wall Street Journal N.Y. City Councilmen Arrested as Immigrant Rights Leader Is Detained
By Zolan Kanno-Youngs and Mara Gay

New York Times Council Speaker Calls Police Response ‘Out of Control’
By Wiliam Neuman and Liz Robbins

Cleveland.com Immigration forum to give context to national, regional sanctuary city discussions
By Emily Bamforth

Texas Tribune (Texas) Texas Lt. Gov. Patrick wants AG Paxton to look into San Antonio immigrant smuggling case
By Julian Aguilar

Longview News-Journal (Texas) Petitions urge Gohmert to back DREAM Act
By Glenn Evans

KING5 (Washington) DACA ruling ‘shouldn’t let Congress off hook,’ WA Dreamer says
By Natalie Brand

Miami Herald (Editorial) Stop punishing TPS recipients

San Antonio Express-News (Editorial) Let these Salvadorans stay

Modesto Bee (Editorial) Denham can help Dreamers, if he wants to

Baltimore Sun (Op-Ed) It’s not too late for Congress to pass a DREAM act
By Karen Gonzalez

 

Daily Immigration News Clips – January 11, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 11, 2018

National

New York Times Head-Spinning Days for Young Immigrants as Lawmakers and Judges Debate Their Fate
By Vivian Lee, Caitlyn Dickerson, Sheryl Gay Stolberg

CNN DACA negotiations full steam ahead despite ruling, sources say
By Tal Kopan

The Hill Left fears Democrats will give too much on immigration
By Alexander Bolton and Mike Lillis

The Atlantic What Will the Dreamers Do Now?
By Priscilla Alvarez

The Republic What to know about a federal judge’s order blocking Trump’s decision to end DACA
By Daniel Gonzalez

Reuters U.S. immigration operation targets 7-Eleven stores in 17 states
By Bernie Woodall

The Washington Post Immigration agents target 7-Eleven stores in nationwide sweep
By Nick Miroff

CNN Money ICE immigration officers swoop in on 7-Elevens nationwide
By Julia Horowitz

The Hill Feds raid 7-Eleven stores in immigration bust
By Brett Samuels

Fortune 7-Eleven Stores Targeted In Nationwide Immigration Sweep
By Natasha Bash

AP Trump criticizes federal judge blocking him on immigration
By Alan Fram and Ken Thomas

Reuters How an obscure SCOTUS employment ruling put the brakes on DACA rollback
By Allison Frankel

Reuters Trump blasts DACA ruling, calls U.S. court system ‘broken and unfair’
By Richard Cowan and Mica Rosenberg

New York Times Donald Trump Is Optimistic a Deal Can Be Reached on ‘Dreamers’
By Laura Meckler and Kristina Peterson

New York Times House Republicans’ Hard-Line Immigration Stand Clashes With Trump Overture
By Thomas Kaplan and Sheryl Gay Stolberg

Wall Street Journal Trump Attacks ‘Broken’ Court After Ruling Blocking End to ‘Dreamers’ Program
By Louise Radnofsky and Alicia A. Caldwell

Wall Street Journal Trump’s DACA Overture Worries Immigration Hawks
By Laura Meckler

Wall Street Journal Top Senators Say Judge’s Ruling Won’t Stall Talks on ‘Dreamers’
By Louise Radnofsky and Alicia A. Caldwell

The Washington Post DACA injunction: What a federal judge’s ruling means for ‘dreamers’
By Maria Sacchetti

Politico DACA reinstatement throws lawmakers for a loop
By Seung Min Kim

Politico Democratic leaders face internal mutiny over Dreamers deal
By Heather Caygle and Seung Min Kim

CNN Here are the key players in Congress on immigration
By Ashley Killough and Tal Kopan

CNN Shutdown/DACA state of play: a ‘mess’ with a major twist
By Phil Mattingly

CNN Trump, Republicans face immigration reckoning
By Stephen Collinson and Lauren Fox

CNN What kind of border wall does Trump want? It depends on who’s asking.
By Gergory Kreig

The Hill Ann Coulter torches Trump for immigration meeting
By Max Greenwood

The Hill Bipartisan Senate group ‘close’ on DACA deal
By Jordain Carney

The Hill Trump says DACA ruling reflects ‘broken’ court system
By Jordan Fabian

The Hill Warren: Glad we ‘are moving forward on getting a clean DREAM Act’
By Julia Manchester

The Hill House GOP presses harder-line Goodlatte immigration bill
By Scott Wong and Melanie Zanona

Roll Call Spending, Immigration Talks Entangled
By Lindsey McPherson

McClatchy DC Bureau GOP negotiators say Trump aide Stephen Miller is standing in the way of an immigration deal
By Anita Kumar

Buzzfeed News The Fate Of DACA Recipients May Come Down To Finding A Definition Of “Wall” That Both Parties Can Live With
By Paul McLeod

Fox News Insider Malkin: There Will Be ‘Hell to Pay’ for Trump, GOP If They Cave on Amnesty

NPR Texas Rep. Henry Cuellar On Immigration Policy

CNBC More than 100 CEOs pressure Congress to pass immigration bill by Jan. 19
By Ylan Mui

CNBC Trump DACA compromise would crush Trump’s chances in 2020
By Jake Novak

Bloomberg Politics Trump’s Willingness to Deal on Immigration Adds Urgency to Talks
By Laura Litvan

Vox How the 9th Circuit became conservatives’ least favorite court
By Dylan Matthews

Politifact Julián Castro says nearly all DACA recipients employed, in school or serving in military
By Jasper Scherer

Bustle What The New DACA Ruling Means For Dreamers & Other Undocumented People
By Madhuri Sathish

CBN News As Judge Blocks Trump’s DACA Move, Pressures Mount for Lawmakers to Reach a Deal
By Abigail Robertson

Morning Consult Republicans Want DACA Fix Tied to Border Wall, Bucking Broader Voter Trend
By Eli Yokley

The Intercept DREAMERS WIN IN COURT, BUT UNTIL CONGRESS ACTS, THEIR FUTURES ARE AS UNCERTAIN AS EVER
By Aida Chavez

Reuters Canada telling Salvadorans facing U.S. exit that haven isn’t guaranteed
By Anna Mehler Paperny

Reuters Salvadorans say going home not an option after U.S. axes protection
By Joseph Ax and Mica Rosenberg

The Washington Post Trump wants to remove these immigrants. An ugly bit of history tells us what it could do to the economy
By Andrew Van Dam

The Washington Post Canada to Salvadorans leaving US: Don’t come here
By Alan Freeman

Khaleej Times Stripped of citizenship, Indian faces deportation from US

The Guardian UCSD Student Detained After Accidentally Crossing Border
By Amalia Huerta Cornejo

The Washington Post From Apple to Koch, big businesses say Trump is wrong on immigration
By Heather Long

CNN Trump admin grapples with rise in border crossing numbers it once touted
By Tal Kopan

CNN San Antonio top cop under fire after releasing immigrants to charity
By Eliott C. McLaughlin and AnneClaire Stapleton

Vox The complicated calculus as Democrats debate whether to shut down the government
By Ella Nilsen

Pacific Standard PERCEIVED THREAT DRIVES ANTI-IMMIGRANT BIAS
By Tom Jacobs

New York Times (Editorial) Don’t Deport the Salvadorans

The Washington Post (Editorial) Take a deal for the dreamers. Build the wall.

HuffPost (Opinion) A Blueprint For A National Legal Defense Fund
By Tahmina Watson

New York Magazine (Opinion) Trump Ending DACA Was Never About the Law. A Federal Judge Noticed.
By Cristian Farias

New York Magazine (Opinion) Guess Which Line Was Missing From the Transcript of Trump’s Immigration Meeting
By Margaret Hartmann

Yahoo News (Opinion) How Obama left immigrants vulnerable to Trump
By Rick Newman

New York Times (Op-Ed) President Trump Is Breaking Up My Family
By Rodman Serrano

The Washington Post (Op-Ed) Dana Milbank: ‘Dreamers’ need to get out of their own way
By Dana Milbank

The Hill (Op-Ed) Amnesty will be a poisonous prospect for politicians who support it
By Matt O’Brien

Bloomberg View (Opinion) Democrats, Give Trump a Wall!
By Francis Wilkinson

Irish Central (Opinion) President Donald Trump would have turned away the Famine Irish just like the Salvadorans
By Cahir O’Doherty

WHYY (Opinion) The camera doesn’t lie: On immigration, Trump is rudderless
By Dick Polman

Local

CBS Chicago Five Chicago Area 7-Eleven Stores Part Of National Immigration Investigation

Chicago Tribune Chicago ‘Dreamers’ study, save and plan for the worst while Congress debates immigration relief
By Nereida Moreno

Inland Empire Community News Recent DACA decision gives immigrant groups ‘greater momentum’ for Dream Act
By Anthony Victoria

Sacramento Bee California wins major victory for Dreamers, but is it temporary?
By Anita Chabria

Tyler Morning Telegraph DREAM Act petition with 6,000 signatures delivered to Louie Gohmert’s office
By Erin Mansfield

NorthJersey.com NJ ‘Dreamers’ cautiously optimistic after judge blocks Trump’s decision on DACA
By Monsy Alvarado

AP (New York) NY state offers help to Salvadorans facing deportation

AP (Washington) Spokane decides to outlaw immigrant detention by police

PennLive (Pennsylvania) Man faces deportation after secretly filming women, girls in Pa. pizza shop bathroom
By John Luciew

NY1 (New York) STATE RAMPS UP EFFORTS TO HELP SALVADORAN IMMIGRANTS AT RISK OF DEPORTATION

 

Daily Immigration News Clips – January 10, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 10, 2018

National

AP ICE conducts sweeps of 100 7-Eleven stores, targeting employers in immigration probe

CNN Democrats seek to avoid DACA’s isolation in budget negotiations
By Tal Kopan

Time Congress May Be Moving Closer to a Compromise on Dreamers
By Maya Rhodan

Los Angeles Times Federal judge in San Francisco temporarily blocks Trump’s decision to end DACA program
By Joel Rubin, Jazmine Ulloa, and Lisa Mascaro

Reuters U.S. judge blocks Trump move to end DACA program for immigrants
By Dan Levine and Yeganeh Torbati

Wall Street Journal Judge Blocks Trump Plan to End ‘Dreamers’ Program
By Alicia A. Caldwell

The Washington Post Federal judge says DACA can’t end while lawsuit is pending
By Maria Sacchetti

Politico Judge blocks Trump wind-down of Dreamers program
By Josh Gerstein

AP Trump suggests 2-phase immigration deal for ‘Dreamers’
By Ken Thomas and Alan Fram

Reuters White House: Lawmakers agreed immigration bill to focus on four areas

New York Times A Brief Anatomy of Trump’s Immigration Meeting With Lawmakers
By Michael D. Shear

New York Times Trump Appears to Endorse Path to Citizenship for Millions of Immigrants
By Julie Hirschfeld Davis

New York Times Trump’s Negotiation on Immigration, Unfolding on Camera
By Peter Baker

Wall Street Journal Donald Trump Is Optimistic a Deal Can Be Reached on ‘Dreamers’
By Laura Meckler and Kristina Peterson

The Washington Post Trump offers to ‘take all the heat’ on immigration, but also appears to contradict himself
By Ed O’Keefe and David Nakamura

Politico Trump puts immigration meeting on display amid questions about his mental state
By Louis Nelson

Politico Dreamer talks still jumbled after Trump’s freewheeling summit
By Seung Min Kim, Heather Caygle, Ted Hesson, and Rachel Bade

Roll Call Goodlatte to Roll Out Immigration Bill Soon, Trump Says
By John T. Bennett

Roll Call Ample Confusion After White House Immigration Meeting
By John T. Bennett

CNN House conservatives prep own DACA bill
By Tal Kopan

CNN Trump holds meeting with bipartisan lawmakers over immigration
By Dana Bash, Daniella Diaz, and Tal Kopan

CNN Trump contradicts self repeatedly in immigration meeting
By Tal Kopan

CNN After White House meeting, negotiations on DACA continue on the Hill
By Lauren Fox, Deirdre Walsh, and Jim Acosta

The Hill Graham: Meeting with Trump ‘most fascinating’ in 20 years of politics
By Max Greenwood

The Hill Trump, lawmakers agree to parameters of potential immigration deal
By Alexander Bolton and Jordain Carney

The Hill McConnell: No DACA fix in spending bill
By Jordain Carney

USA Today In extraordinary public negotiation with Congress, Trump promises to sign DACA bill
By Gregory Korte, Deidre Shesgreen, and Eliza Collins

Vox Republicans are misleading everyone – including themselves – about how long they have to fix DACA
By Dara Lind

Newsweek THIS IS HOW DEMOCRATS CAN STILL SAVE IMMIGRANTS FROM TRUMP
By Nicole Rodriguez

Raw Story Colbert blasts Trump’s immigration ‘bill of love’: ‘If you love someone, kick them out of the country’
By Noo Al-Sibai

New York Times ‘Trump Effect’ Wears Off as Migrants Resume Their Northward Push
By Caitlyn Dickerson

Reuters Salvadorans say going home not an option after U.S. axes protection
By Joseph Ax and Mica Rosenberg

New York Times El Salvador Again Feels the Hand of Washington Shaping Its Fate
By Gene Palumbo and Azam Ahmed

New York Times Listen to ‘The Daily’: U.S. Ends Protections for Salvadorans
By Michael Barbaro

Reuters Ex-Arizona sheriff Arpaio says he will run for Senate

Wall Street Journal Joe Arpaio Will Run for Arizona U.S. Senate Seat
By Janet Hook

Politico Arpaio running for Senate in Arizona
By Kevin Robillard

CNN Joe Arpaio, controversial sheriff pardoned by Trump, enters Arizona Senate race
By Eric Bradner

CNN Immigration, Trump and you: 5 things happening now, and why they matter
By Catherine E. Shoichet

Rewire Justice Department Revokes Naturalized Citizenship, Citing Fingerprint Issue
By Tina Vasquez

New York Times (Editorial) Joe Arpaio’s Latest Offense – Running for Senate

Wall Street Journal (Editorial) Progress on Immigration

HuffPost (Opinion) Make the Workforce American Again
By Michael Wildes

New York Times (Opinion) Save the Salvadorans
By David Leonhardt

The Washington Post (Opinion) Will Democrats stop Trump’s cruel use of immigrants as pawns?
By Jennifer Rubin

HuffPost (Opinion) The Heartless End of TPS for Salvadorans
By Julio Lainez

Wall Street Journal (Op-Ed) The House Chairmen’s Plan for Immigration Reform
By Representatives Bob Goodlatte, Michael McCaul, Raul Labrador, and Martha McSally

CNN (Op-Ed) Trump administration’s new immigration decision is shortsighted and cruel
By Raul A. Reyes

The Hill (Op-Ed) Congress dithers on DACA, but why?
By Gordon Peterson

Local

The Monitor Democrats face tough challenge in selling Trump’s promised wall

Tampa Bay Times Immigration is a big deal in Florida, so why is the state MIA in meeting with Trump?
By Alex Leary

Cincinnati.com (Ohio) Despite social media outcry, caretaker of paraplegic boy to be deported
By Mark Curnutte

 

Daily Immigration News Clips – January 9, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 9, 2018

National

McClatchy Under pressure, Trump team backs off proposal to cull foreign tech workforce
By Franco Ordonez

The Atlantic The Battle Over DACA Reaches a Fever Pitch
By Russell Berman

The Republic How Trump’s wall pledge is complicating a DACA bill for ‘dreamers’
By Dan Nowicki and Deniel Gonzalez

Star-Telegram Immigration advocates: DACA deal likely to give Trump his wall
By Andrea Drusch

Reuters Top Democrats send mixed signals on Dreamers, budget deal
By Susan Cornwell

CNN ‘It’s a mess’: DACA negotiations hit a snag ahead of White House meeting
By Lauren Fox, Phil Mattingly, and Tal Kopan

CNN John Kelly leading White House’s immigration effort in congressional negotiations
By Keving Liptak, Jeff Zeleny, Phil Mattingly, and Dana Bash

CNN Exclusive: Pair of lawmakers unveil bipartisan DACA plan
By Tal Kopan

CNN Republicans can’t avoid Trump’s wall promises in DACA talks
By Lauren Fox

The Hill Texas rep: Most Dems will vote against DACA fix that includes wall funding
By Brett Samuels

USA Today In reversal, anti-immigration groups are open to deal to let 800,000 DREAMers stay
By Alan Gomez

AP Pelosi is optimistic about agreement on budget, immigration
By Andrew Taylor

Center for Public Integrity Trump administration to end temporary protected status for immigrants from El Salvador
By Susan Ferriss

The Guardian US says 200,000 people from El Salvador must leave within 18 months
By Amanda Holpuch

CBS News DHS to end protections for some 260K Salvadoran immigrants
By Geneva Sands

AP US ends protections for Salvadoran immigrants, sparking fear
By Luis Alonso Lugo and Elliot Spagat

Reuters U.S. moves toward expelling 200,000 Salvadorans
By Yeganeh Torbati

New York Times Trump Administration Says That Nearly 200,000 Salvadorans Must Leave
By Miriam Jordan

Wall Street Journal U.S. to End Protections for Some Salvadoran Immigrants
By Alicia A. Caldwell and Laura Meckler

Politico Trump to end protected status for Salvadorans
By Ted Hesson, Seung Min Kim, and Heather Caygle

Roll Call Protected Immigration Status for Salvadorans to End in 2019
By Camila Dechaus

Washington Post ‘We will lose practically everything’: Salvadorans devastated by TPS decision
By Maria Sacchetti

AP Advocates want #MeToo debate to include immigrant detention
By Nomaan Merchant

New York Times To Pay for Wall, Trump Would Cut Proven Border Security Measures
By Ron Nixon

New York Times From Offices to Disney World, Employers Brace for the Loss of an Immigrant Work Force
By Vivian Yee, Liz Robbins, and Caitlyn Dickerson

CNN The political stakes of the immigration fight
By Stephen Collinson

The Hill Refugee admissions down for first part of fiscal 2018: report
By Rebecca Savransky

Fox News (Opinion) Trump’s crackdown on legal immigration is hurting America
By Anastasia Tonello

The Washington Post (Opinion) Trump heaps more misery on vulnerable immigrants
By Ishann Tharoor

The Hill (Opinion) Immigration reform: An Army recruitment opportunity
By Eric Fanning

New Yorker (Opinion) When Deportation Is a Death Sentence
By Sarah Stillman

CNN (Op-Ed) Trump’s Mexico wall would be a gift to the drug cartels
By Alice Driver

New York Times (Op-Ed) A Counterproductive Approach to a Broken Immigration System
By Ben Shifter and Michael Raderstorf

Splinter (Op-Ed) I’m Everything This Administration Hates
By Jorge Rivas

The Hill (Op-Ed) An apology to my sons’ Salvadorian caretaker
By Ezra Rosser

Local

Times-Picayune After El Salvador loses special protections from deportation, local Hondurans fear they’re next
By Maria Clark

Trib Live (Pennsylvania) Trump’s decision that would deport Salvadorans makes little sense, Pittsburgh-area immigration experts say
By Bob Bauder

Salt Lake Tribune (Utah) Fearful of deportation, unauthorized immigrants in Salt Lake City are not reporting crime, police chief says
By Christopher Smart

Texas Tribune (Texas) How a South Texas bureaucrat became a multimillionaire amid the rush to build a border fence
By Kiah Collier and Julian Aguilar

Sacramento Bee (Editorial) Trump targets Salvadoran immigrants. Here’s what Congress must do

 

Daily Immigration News Clips – January 8, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 8, 2018

National

New York Times Trump Administration Says That Nearly 200,000 Salvadorans Must Leave
By Miriam Jordan

Washington Post 200,000 Salvadorans may be forced to leave the U.S. as Trump ends immigration protection
By Nick Miroff

New York Times At Least 1,900 Immigrants Were Rejected Because of Mail Problems
By Liz Robbins

New York Times Judge Faults U.S. for Holding Immigrant Defendants Freed on Bail
By Alan Feuer

Wall Street Journal SEC Looks Into Kushner Cos. Over Use of EB-5 Program for Immigrant Investors
By Erica Orden

Wall Street Journal Border Agents’ Searches of Travelers’ Phones Skyrocketed, Agency Says
By Alicia A. Caldwell and Laura Meckler

AP The Latest: Trump sees possible deal on young immigrants

Reuters Senator Durbin blasts Trump for ‘anti-immigrant’ moves in ‘Dreamer’ talks

Reuters Democrats, Republicans trade barbs in tense immigration talks
By Richard Cowan

New York Times White House Immigration Demands Imperil Bipartisan Talks
By Sheryl Gay Stolberg and Michael Tackett

Politico Playbook Democrats squeezed on DACA

The Washington Post In next round of budget talks, ‘dreamers’ are set to dominate
By Ed O’Keefe, Mike DeBonis, and Erica Werner

HuffPost Dreamers To California Republicans: Help Us, Please
By Susan Ferriss

ABC News ‘This Week’ Transcript 1-7-18: Nikki Haley, Sen. Tom Cotton and Sen. Bernie Sanders

KPCC DACA job permits will begin expiring soon for young immigrants
By Leslie Berestein Rojas

Atlanta Journal-Constitution Nuestra Comunidad: Blind karate teacher faces possible deportment
By Carlos Moreno

AP Court date for immigrant restaurant manager not until 2021

Reuters Illegal immigrant acquitted in California death gets prison on gun charge
By Alex Dobuzinskis

Reuters Trump meets Republican leaders to set strategy for 2018
By Jeff Mason and Richard Cowan

Reuters Trump, meeting with Republican leaders, says welfare reform may have to wait
By James Oliphant

Wall Street Journal Trump Administration Seeks $18 Billion Over Decade to Expand Border Wall
By Laura Meckler

Wall Street Journal Refugee Admissions to U.S. Off to Slow Start in Fiscal Year 2018
By Laura Meckler

The Washington Post Immigrant sentenced in Kate Steinle shooting as Steinle family prepares for next fight
By Abigail Hauslohner and Maria Sacchetti

The Hill Sessions challenges administrative loophole in immigration court cases
By John Bowden

The Hill 5 Dem senators ask administration not to include citizenship question on census
By Julia Manchester

Newsweek Trump’s Anti-Immigration Rhetoric, Policies Killing Tourism to the U.S. Industry Analysts Say
By Nicole Rodriguez

Times Now H-1B rules: US lawmakers oppose Trump’s proposed changes, raise concern over deportation of 7.5 lakh Indians

New York Times (Letters to the Editor) The Immigrants Who Deliver Healthcare

The Hill (Opinion) Democrats Out of Order on DREAM Act
By Nolan Rappaport

New York Times (Opinion) Let’s Try to Get Past Trump
By Gail Collins

National Review (Opinion) DACA, DACA, Bo-Baca . . .
By Mark Krikorian

Local

Public News Service FL House Speaker “Using Trump’s Playbook” to Ban Sanctuary Cities
By Trimmel Gomes

New York Times (California) In Clash Between California and Trump, It’s One America Versus Another
By Tim Arango

Miami Herald (Florida) A year after obeying Trump on immigration, Miami-Dade still waiting for a windfall
By Douglas Hinks

The Intercept (Texas) Texas Police Chief Hands Over Undocumented Smuggling Victims to Local Organizations, Shunning ICE
By Ryan Devereaux

NBC San Diego Lawyer Fights for Student Facing Deportation After Being Detained in San Diego
By Mackenzie Maynard

CBS Sacramento (California) Immigration Attorneys Warn Against Using Marijuana As Feds Change Stance
By Carlos Correa

Vindy Community helps earn deportation delay for Adi
By Graig Graziosi

Cincinnati.com (Ohio) Appeal denied: ICE to move forward with deportation of paraplegic boy’s caregiver
By Mark Curnutte

Vindicator (Editorial) Area businessman a victim of US immigration system

The Monitor (Op-Ed) COMMENTARY: Far-right sentiment hurting businesses in RGV
By Samuel David Garcia

Lowell Sun (Op-Ed) Safe Communities Act sets clear line on immigration enforcement 
By Dina Samfield

Lancaster Online (LTE) Looking for more from Smucker
By Agustina Drot de Gourville

Boston Herald Atkins: Clock ticking on DACA deal
By Kimberly Atkins”

**************************************

PWS

01-16-18

THE GIBSON REPORT — 01-08-18

THE GIBSON REPORT 01-08-18

HEADLINES:

“TOP UPDATES

 

Sessions takes aim at administrative closure

o   ABC: Sessions posed detailed questions challenging the use of “administrative closures,” an increasingly common outcome that allows people to stay in the country without legal status. The attorney general invited feedback from advocates and others, after which time he may issue new instructions for immigration judges nationwide.

o   Matter of CASTRO-TUM, 27 I&N Dec. 187 (A.G. 2018): The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to the authority to administratively close immigration proceedings, ordering that the case be stayed during the pendency of his review.

 

Acting ICE Director Wants to Arrest Politicians Running Sanctuary Cities

NYMag: In an interview Tuesday with Fox News Channel’s Neil Cavuto, Homan said political leaders in sanctuary cities, which don’t cooperate with ICE officials looking to make immigration arrests, are breaking the law when they “knowingly shield and harbor an illegal alien.” “That is a violation of 8 USC 1324. That’s an alien-smuggling statute. I’ve asked the Department of Justice to look at this,” he said.

 

OCC Trying to De-designate UACs?

Catholic Charities: Before IJ Kolbe: It was business as usual until a case that involved a UAC, 13 years old, present with step-father, after counsel stated they were pursuing Asylum, DHS handed her a letter stating that they’re giving her a letter de-designating her client. It all happened very fast, and it was unexpected. Kolbe did look surprise and stated that counsel could still send her application to USCIS and keep her up-to-date with the outcome. My question is, has anyone else had  this letter handed out to them? If so, can you share the letter so we can see what exact language DHS is using and prepare rebuttals?

 

ICE sending G-56 call-in letter after attempted raid

IDP: We just got a call from an individual who was deported (to the wrong country) in 2007, he then reentered in 2008.  He was recently arrested on a criminal case in Rockland County, NY.  About 3 weeks ago — shortly after one of his criminal court dates –, 9 agents, a mix of ICE and the local gang unit of the sheriff’s department, raided his home early in the morning.  He was at work and after waking up his sleeping children and speaking everyone in the home, the agents left without arresting anyone. A few days later, this individual received [a] G-56 letter from ICE in the mail, telling him to report to ERO at 201 Varick Street this Tuesday for “Case Review”, with his immigration documents and valid passport, which seems like a less resource-intensive tactic of ICE to take him into custody to re-deport him.

 

Trump Justice Department Pushes for Citizenship Question on Census, Alarming Experts

ProPublica: The Justice Department is pushing for a question on citizenship to be added to the 2020 census, a move that observers say could depress participation by immigrants who fear that the government could use the information against them. That, in turn, could have potentially large ripple effects for everything the once-a-decade census determines — from how congressional seats are distributed around the country to where hundreds of billions of federal dollars are spent.

 

Fewer family visas approved as Trump toughens vetting of immigrants: Reuters review

Reuters: The number of approvals dropped by nearly a quarter in the first nine months of 2017 to around 406,000 compared to the same period a year earlier when approvals were more than 530,000, despite a similar number of applications during both periods, USCIS data showed.

 

Immigration Clinic Represents Somali nationals in Class Action Lawsuit

ImmProf: The hearing will address whether the court has jurisdiction to consider the petitioners’ claim that they are entitled to a stay of removal while they seek reopening of their removal orders.

 

Motel 6 Gave Guest Information To ICE Agents, Lawsuit Says

NPR: Washington Attorney General Bob Ferguson sued Motel 6 on Wednesday, alleging motel employees gave private information about thousands of guests to U.S. immigration authorities.

 

More workers say their bosses are threatening to have them deported

LA Times: Complaints over immigration-related retaliation threats surged last year in California, according to the Labor Commissioner’s Office. Through Dec. 22, workers had filed 94 immigration-related retaliation claims with the office, up from 20 in all of 2016 and only seven a year earlier.

 

US Commission on Civil Rights Concerned with Alleged Abusive Labor Practices at Immigration Detention Centers

AILA: The Commission calls for heightened oversight and transparency of the Voluntary Work Program within both government and privately-run detention centers.

 

Trump, lawmakers step up talks on immigrant ‘Dreamers’

Reuters: Urgent negotiations aimed at shielding young, undocumented immigrants from deportation intensified on Thursday as Republican U.S. senators emerged from a meeting with President Donald Trump expressing confidence a deal could be struck this month.

 

IJ Lamb’s Retirement

Empire Justice Center: Update 1/8/18: I spoke with IJ Lamb’s legal assistant this morning and she informed me that my individual scheduled for tomorrow was adjourned and all her hearings will be reassigned to a new judge.

 

ACTIONS

 

o   AILA: Call for Examples: Compelling Family Immigration Stories”

 

***********************************************

PWS

01-08-18

 

THE GIBSON REPORT — 01-02-18

THE GIBSON REPORT, 01-02-18

HEADLINES:

TOP UPDATES

 

NY Governor pardons 18 immigrants in face of Trump immigration crackdown

ImmProf: Following the lead of California Governor Jerry Brown, New York Governor Andrew Cuomo pardoned more than a dozen immigrants who faced deportation over prior convictions who now have a chance of staying in the United States.

 

California becomes a sanctuary state and legalizes marijuana, but advocates remind noncitizens that there are still immigration consequences for marijuana use

Press-Enterprise: Undocumented immigrants can be deported for marijuana consumption in certain circumstances and may risk not being admitted back into the United States if they leave.

 

NJ immigration under Murphy: Expanding in-state financial aid

App: The governor-elect  supports expanding in-state financial aid to young unauthorized immigrants living in New Jersey.

 

USCIS Provides Updated Guidance and FAQs on Rejected DACA Requests

AILA: USCIS provided guidance and FAQs on DACA requests delivered by the filing deadline but not officially “ received” by USCIS. USCIS contacted individuals and they have 33 days from the date of the letter to resubmit the request. USCIS included information on other types of mail issues as well.

 

The ‘Double Punishment’ For Black Undocumented Immigrants

Atlantic: Although only 7 percent of non-citizens in the U.S. are black, they make up 20 percent of those facing deportation on criminal grounds.

 

Trump to Dems: No DACA deal without the border wall

Politico: Democrats seeking a deal to protect so-called Dreamers from deportation must be prepared to agree to a package that includes several White House priorities, including a border wall and reforms to the U.S. immigration system, President Donald Trump wrote on Twitter Friday morning…House Minority Leader Nancy Pelosi (D-Calif.) and her Senate counterpart, Minority Leader Chuck Schumer (D-N.Y.), are set to meet [] Wednesday with House Speaker Paul Ryan (R-Wis.) and Senate Majority Leader Mitch McConnell (R-Ky.) at the White House, where the congressional leaders are expected to work on a DACA deal as part of negotiations to avert a government shutdown.

 

More immigration actions planned in 2018 at job sites, high-ranking enforcement official says

The Commercial Appeal (note: this article is focused on Tennessee but generally relevant): Workplace immigration investigations will likely focus on “critical infrastructure,” such as airports, defense contractors, food distribution and other businesses that have an impact on the general safety and welfare of the community

 

Beginning on January 15, 2018, OCC-NYC will only accept joint motion to reopen (JMTR) requests electronically through eService portal. 

OCC: Effective January 15, 2018, the OCC-NYC will move to the next phase of electronic service.  Please note that on January 15, 2018, we will be disabling our JMTR email boxes in favor of service to our eService online portal.  JMTR requests sent to the following email boxes on or after that date will be deemed improperly served:  NONDETAINED.NYC_JMTR@ice.dhs.gov,DETAINED.NYC_JMTR@ice.dhs.gov.

 

RESOURCES

 

 

EVENTS

 

*******************************

PWS

01-04-18

THE GIBSON REPORT — 12-26-17

The Gibson Report — 12-26-17

 

HEADLINES:

Concerning Fall Regulatory Agenda

CAP:

Fall regulatory agenda just dropped and there are some VERY concerning new rules around immigration coming out this spring.

At DOJ:

  • Rule to change DOJ’s regs regarding motions to reopen and motions to reconsider post-deportation
  • And what appear to be big changes to cancellation of removal

 

Justice Department weakens guidelines for protecting children in immigration court

ImmProf: The new memo removes suggestions contained in the 2007 memo for how to conduct “child-sensitive questioning” and adds reminders to judges to maintain “impartiality” even though “juvenile cases may present sympathetic allegations.” The new document also changes the word “child” to “unmarried individual under the age of 18” in many instances. Read the memo here. See New EOIR Memo Encourages Immigration Judges To Dump On Unaccompanied Children from retired IJ Schmidt for a breakdown of concerns.

 

Salvadoran Law Creates Deportation-to-Prison Pipeline

Susan Cruz: Decree 717 was created in response to Trump’s statements about deporting alleged gang members en masse. In a knee-jerk reaction the Salvadoran Assembly passed, and President Sanchez Céren ratified Decree 717 which creates a deportation-to-prison pipeline. It went into effect July 14, 2017. (Click here to read Decree 717).

 

To curb illegal border crossings, Trump administration weighs new measures targeting families

WaPo: The Trump administration is considering measures to halt a surge of Central American families and unaccompanied minors coming across the Mexican border, including a proposal to separate parents from their children, according to officials with knowledge of the plans. These measures, described on the condition of anonymity because they have not been publicly disclosed, would also crack down on migrants living in the United States illegally who send for their children. That aspect of the effort would use data collected by the Department of Health and Human Services (HHS) to target parents for deportation after they attempt to regain custody of their children from government shelters.

 

Without New Laws or Walls, Trump Presses the Brake on Legal Immigration

NYT: [The Trump administration] has also quietly, and with much less resistance, slowed many forms of legal immigration without the need for Congress to rescind a single visa program enshrined in the law. Immigration and State Department officials are more closely scrutinizing, and have started more frequently denying, visas for people seeking to visit the United States on business, as well as for those recruited by American companies, according to lawyers representing visa seekers. Foreigners already in the United States whose employers wish to extend their stays are also facing new hurdles.

 

EOIR Releases Memo on Applications for Cancellation of Removal or Suspension of Deportation

EOIR released an Operating Policies and Procedures Memorandum (OPPM) with guidelines for adjudicating applications for cancellation of removal or suspension of deportation that are subject to the annual limitation (“cap”). Guidance is effective as to hearings that are concluded on or after 1/4/18.

AILA Doc. No. 17122033

 

USCIS Announces Re-Registration Period Now Open for Nicaraguans with TPS

USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Nicaragua’s designation who want to maintain that status through the program’s termination date of January 5, 2019, must re-register between December 15, 2017, and February 13, 2018.

AILA Doc. No. 17121833

 

USCIS Announces Re-Registration Period Now Open for Honduras with TPS

USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain that status through the current expiration date of July 5, 2018, must re-register between December 15, 2017, and February 13, 2018.

AILA Doc. No. 17121830

 

Fearing Deportation From U.S., Migrants Walk To Canada

NPR: More than 9,000 people seeking refugee status in Canada entered the province of Québec from August through October. By comparison, just over 2,400 crossed by foot along the entire U.S. border with Canada last year.

 

RESOURCES

 

****************************************

In particular, the “regulatory agenda” appears to contemplate further attacks on Due Process and migrants rights by the Trump Administration. Be prepared!

PWS

12-26-16

 

THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!

THE GIBSON REPORT — 12-18-17

TOP UPDATES

 

Today Is International Migrants’ Day: 2017 Theme: Safe Migration in a World on the Move

o   Books: Give the Gift of Literary Empathy – Immigration Holiday Book Guide (full disclosure, I wrote this one)

o   Podcasts: Immigration and migration stories

o   Film: IOM and UNICEF Film Festival in New York today

 

White House to push merit-based immigration in new campaign

 

TPS for Nicaragua and Honduras

 

LexisNexis’s Role in ICE Surveillance and Librarian Ethics

LLB: As library organizations discuss ways library professionals can advocate for intellectual freedom, democracy, and equality, we should begin by grappling with how to react when our major database providers engage in massive surveillance projects with the government.

 

Federal Investigation Finds ‘Significant Issues’ At Immigrant Detention Centers

NPR: Immigrants detained at four large centers used by Immigration and Customs Enforcement are subject to inhumane treatment, given insufficient hygiene supplies and medical care, and provided potentially unsafe food, according to a federal report.

 

On the ground with ICE agents enforcing Trump’s immigration crackdown

ImmProf: Since President Trump took office, immigration arrests are up 42 percent. ICE estimates, nationwide, they make 400 arrests a day. ICE has arrested 37,000 undocumented immigrants without criminal records. That’s a 145 percent increase over fiscal year 2016.

 

Complaint Documents 15 Cases of Family Separation at the Border

AIC: Advocates filed a complaint with the Office for Civil Rights and Civil Liberties (CRCL) and Office of the Inspector General (OIG) on behalf of numerous families – most, if not all, who fled to the United States seeking humanitarian relief – who were separated at the U.S.-Mexico border.

 

DHS Overestimates Visa Overstays for 2016; Overstay Population Growth Near Zero During the Year

CMS: This paper compares US Department of Homeland Security (DHS) estimates for visa overstays in fiscal year 2016 with estimates from the Center for Migration Studies (CMS).

 

An HIV-Positive Gay Asylum Seeker Staged a 7-Day Hunger Strike in an ICE Detention Facility

The Nation: Protesting prolonged detention, substandard medical care, and parole denial, Jesus Rodriguez Mendoza may soon stop eating again.

 

Bronx man allegedly poses as Hempstead attorney, steals more than $30,000 from immigrant clients

PIX: Efrain Vargas told clients in Hempstead he would obtain immigration and residency papers for them, but never delivered on his promises, officials said. He was arrested and arraigned Wednesday for allegedly scamming immigrants.

 

OCC-NYC Filing Window Hours on 12/20 and 12/22

OCC: Please be advised that our reception area and filing window at 26 Federal Plaza and 201 Varick Street will be closed from 12:00-1:30pm on Wednesday, December 20th.  Please be further advised that our reception area and filing window will close at 3pm on Friday, December 22nd.

 

ACTIONS

 

  • #GiveMateoBack: Amnesty International USA is also working to hold ICE accountable for family separation. You can find steps for a social media/letter writing campaign here.

 

RESOURCES

 

  • USCIS Provides Training Material on the International Religious Freedom Act and Religious Persecution
  • USCIS Provides Training Material on TRIG
  • Manhattan DA – Supp Bs – raej@dany.nyc.gov: December 2017 will be my last month at the Manhattan District Attorney’s Office. If you have pending supplement B certification request that has  yet to be submitted to my office, please email the requests to me by Friday, December 22nd. We will make every effort to review each certification request and provide a response before the New Year. After December 22nd, please send all U-visa supplement B requests to Mayerling Rivera atRIVERAM@dany.nyc.gov. As with all past requests, please be sure to provide a waiver signed by your client (include your client’s date of birth and any aliases)… The body of the email should include the case indictment or docket number, name of the defendant, and/ or the case arrest number. Please keep in mind that we cannot locate cases in our system records using an NYPD complaint number.
  • Give the Gift of Literary Empathy – Immigration Holiday Book Guide(full disclosure, I wrote this one)

·         Podcasts: Immigration and migration stories

***************************************

I’m a huge “Elizabeth Gibson Fan.” I’ve known Beth since she was a star student at Georgetown Law (one of the “Best Ever” of my “Refugee Law & Policy” — “RLP” — students), a terrific Legal Intern at the Arlington Immigration Court, and a spectacular Judicial Lw Clerk/Attorney Advisor at the New York Immigration Court before she was selected for the Immigrant Justice Corps (“IJC”) assigned to the New York Legal Assistance Group (“NYLAG”).

For those who don’t know, only the “best and brightest” with an overriding concern for social justice get into the IJC. Beth would excel at ANY legal job in America — “Nonprofit, “Big Law,” judging, teaching, writing, reporting, managing.

I’m inspired that with all these avenues open to her, Beth has chosen to use her “complete package” of talents to make the justice system work for the most vulnerable among us — those who have legal rights that are largely the same as all of us, but who are “bullied” and “intentionally mistreated” by our legal system (and our current Administration, in particular) in an attempt to prevent them from using and realizing those rights.

In  addition to being a weekly contributor to immigrationcourtside.com, Beth has acted as a “clearinghouse” for the vast amount of information and assistance available to the legal community involved in defending the rights of migrants. She has patiently taken many referrals of reporters and lawyers. She also has found time to write articles of her own, in addition to, of course, her main mission of helping her clients.

Beth, thanks for all you do for our country, our world, the cause of justice, and making “Due Process” under our Constitution a reality (at least for some) rather than an “empty promise!” You are truly what serving in the “New Due Process Army” is all about and why, in the end, the forces of darkness threatening our country and democracy will not prevail!

PWS

12-18-17

THE GIBSON REPORT — 12-11-17 

THE GIBSON REPORT 12-12-17

HERE ARE THE HEADLINES:

“TOP UPDATES

 

Concerning I-765 form and instructions, comments open until Dec. 12

Three worrisome changes caught by KIND:

  • requirement to provide a passport or US or foreign government-issued ID applies to those with asylum-pending or withholding granted (as well as SIJs, and T & U nonimmigrants); this is a major break with past practice, and huge obstacle.
  • if asylum is pending, requires arrest and conviction records. The EAD will be denied if you have been convicted of an aggravated felony, and USCIS will evaluate the arrest records to determine that. This is a procedural due process problem in that this is an ultimate question to be determined by the adjudicator of the asylum application.
  • option of using a “Safe Mailing Address” is buried deep in the instructions where it’s easy to miss, and limits it to VAWA, T and U applicants.

 

Update on Joint Motions

From the OCC duty attorney via Make the Road:

  • she generally reviews all proposed JMTRs, and makes a decision by written letter as to whether to join, decline, or request more information
  • she has a significant backlog such that she is still reviewing proposed JMTRs filed in November of 2016… (Note from EG: when I spoke with her in April of 2017, she was doing September of 2016)
  • without an “exceptional or unusual” circumstance such as urgent need to travel because of death or illness, she wouldn’t prioritize reviewing one sooner
  • if I am concerned about the wait, she encourages me to “seek prosecutorial discretion from ERO through a stay or deferred action.”

 

Sessions outlines principles to reduce immigration case backlog

DOJ: “[DOJ aims] to reduce the so-called “backlog” by realigning the agency towards completing cases, increasing both productivity and capacity, and changing policies that lead to inefficiencies and delay justice.”

 

PRUCOL for Asylum Applicants (see attached)

Effective immediately, PRUCOL status will be granted to Asylum applicants with EAD cards for the purpose of Cash Assistance eligibility, which in turn has implications for rental assistance.

 

New Federal Lawsuit on Behalf of Lawful Permanent Residents Denied the Opportunity to Become U.S. Citizens Because of Disabilities

Legal Services NYC’s Bronx program, Immigrant Justice Corps, Alaska Immigration Justice Project, and WilmerHale filed a federal lawsuit on behalf of nine LPRs from New York, Massachusetts, and Alaska, who are statutorily eligible to apply for citizenship, but who have mental health or cognitive impairments which make it impossible for them to learn English and pass the English and civics tests ordinarily required to become U.S. citizens. The lawsuit was filed against the DHS and USCIS.

 

NIJC and Immigrant Rights Advocates Demand Civil Rights Investigation into ICE Raids that Targeted Sponsors of Unaccompanied Children

Eight immigrant rights organizations filed a complaint with DHS OIG and Office of Civil Rights and Civil Liberties on behalf of some of the 400 people detained in raids during the summer of 2017 that used unaccompanied children to identify and target their relatives living in the United States. AILA Doc. No. 17120762

 

DOS Updates Guidance Due To New Court Orders on Presidential Proclamation

DOS provided updated guidance due to the 12/4/17 Supreme Court orders that granted the government’s motions for emergency stays of preliminary injunctions. Per the orders, restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning 12/8/17. AILA Doc. No. 17120830

 

CBP Muster: Policy Regarding Border Search of Information

CBP created a muster regarding border searches of electronic devices. Notes such searches may include searches of the information physically present on the device when presented for inspection or during its detention. Obtained by a FOIA request by the Electronic Frontier Foundation. AILA Doc. No. 17120636.

 

DHS Provides ICE and CBP End of FY2017 Statistics

DHS released a summary of its end-of-the-year immigration enforcement numbers. In FY2017, CBP reported 310,531 apprehensions nationwide, 303,916 of which were along the Southwest border. In FY2017, ICE conducted 143,470 arrests and 226,119 removals. AILA Doc. No. 17120534

 

EOIR Final Rule on Denials of Suspension of Deportation and Cancellation of Removal

EOIR final rule adopting without change the rule proposed at 81 FR 86291 on 11/30/16. The final rule allows IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached. (82 FR 57336, 12/5/17) AILA Doc. No. 17120530

 

 

ACTIONS

 

  • Sign petition to Judge DiFioreon keeping ICE out of NY courts.
  • IDP Push on State Pardons: We have reason to think that the Governor’s office may be more likely to grant pending pardon applications (and more in the future) if we package together compelling cases. If you have pardon applications currently pending (or that could be submitted soon) where someone would receive some kind of immigration benefit and would like to be included in this joint advocacy effort, please email awellek@immigrantdefenseproject.org by 12/13: 1-2 paragraphs about the applicant. It should cover who the applicant is, their equities, what their convictions are, and the current posture of their immigration case and how a pardon will help.
  • NYIC and CUNY survey of gang-related issues – deadline 12/15/17

 

RESOURCES

 

·         USCIS Provides FAQs on Rejected DACA Requests”

 

*************************************

Thanks, Elizabeth, for keeping the members of the “New Due Process Army” informed!

You’re the greatest!

 

PWS

12-12-17

THE GIBSON REPORT — 12-04-17

GIBSON REPORT 12-04-17

HEADLINES:

TOP UPDATES

Legal Aid Lawyers Stage Walkout After Yet Another ICE Court Arrest

Village Voice: “Genaro Rojas Hernandez, thirty, was in court to face charges of violating a restraining order. Just after 11 a.m., after a judge asked him and his court-appointed attorney to step into the hallway with a Spanish interpreter, Hernandez was arrested by ICE agents, according to his lawyer, Rebecca Kavanagh. After the arrest, attorneys with the Legal Aid Society stormed out of the courthouse on Schermerhorn Street and held a noisy picket line outside the building, calling on immigration officials to stay out of the courthouse. The arrest makes Hernandez the fortieth individual taken into custody by immigration enforcement agents inside a New York City courthouse.”

On Thursday there will be a Rally to Keep ICE Out of Courts.

Cash Assistance for Asylum Applicants

New guidance says that applicants for asylum are now eligible for Cash Assistance in the PRUCOL category if they have an EAD.

IJ Retirements

IJs McManus and Lamb are both retiring around the end of the year. It’s too early to know who will be inheriting their dockets, but this is sad news for respondents on top of the loss of several other good judges in NY over the course of the last year.

DACA Updates

· Gillibrand, Espaillat Say They’ll Force Government Shutdown To Save DACA

· McConnell: No government shutdown this week over immigration: Tribune: “Senate Majority Leader Mitch McConnell declared Sunday there won’t be a government shutdown this week over the question of protecting immigrants brought to the country illegally as children, describing it as a “non-emergency” to be addressed next year.”

· Key Senator to Vote ‘Yes’ on Tax Bill in Exchange for DACA Commitment

· Some Republicans are pushing for restrictions on asylum in exchange for DACA protections

Asylum Vetting Office

Rumor has it that the asylum division is creating an Asylum Vetting Office. It is currently unclear what the office’s specific mandate would be and how it would interact with existing programs.

Multiple reports of people with final orders but no criminal records picked up at I-130 interviews

NYIC: “This issue is on the agenda for the next USCIS liaison meeting. Phyllis had made it clear she did not want ICE making arrests at interviews. Now that she has left we don’t yet know what the position of the acting DD, or who they ultimately hire, will be.”

As Immigration Enforcement Ramps up, Neighbors Sign up to Defend Immigrants

AIC: “Poised to act at a moment’s notice, Migra Watch volunteers are trained to manage distress calls, provide support to children whose family members have been detained or deported, and show up where ICE is conducting roundups of their immigrant neighbors. Trainings typically take place at churches or community centers, where legal residents and citizens are taught to not interfere with ICE operations, but to document them.”

ICE Arrests & Detains Man Who Spoke to Media on Girlfriend’s Arrest

ImmProf: “ICE agents have reportedly arrested a man who was quoted in that article about his girlfriend’s immigration arrest last month. And his arrest appears to be a form of retaliation against him for speaking out.”

United States Ends Participation in Global Compact on Migration

ImmProf: “The administration of President Donald Trump has withdrawn the United States from a United Nations pact to improve the handling of migrant and refugee situations, deeming it “inconsistent” with its policies.” (Note: It’s a bit confusing from the article, but the administration is pulling out of the negotiations, not withdrawing from the compact, which is still in development and expected to be complete by the end of 2018.)

Court Orders Federal Immigration Jail in Buffalo to Offer Parole, Bond Hearings for Asylum-Seekers

NYCLU: “A federal court on Friday night ordered the Buffalo Federal Detention Facility in Batavia, New York to stop detaining asylum-seekers without a fair opportunity for release on parole or bond while awaiting asylum hearings. The New York Civil Liberties Union and the International Refugee Assistance Project at the Urban Justice Center originally filed suit in July over the practice at the state’s largest immigration detention facility.”

How the GOP tax bills hurt undocumented immigrants

CNN:

· “Currently, non-citizens filing taxes using an Individual Taxpayer Identification Number, or ITIN, are allowed to claim the child tax credit, which gives back up to $1,000 per child under age 17. In tax year 2013, according to the Government Accountability Office, 4.4 million ITIN filers claimed child tax credits worth $6 billion. Under both the House and Senate versions of the Republican tax bill, ITIN filers — most of whom are undocumented — would need to provide Social Security numbers for each child in order to claim the refundable part of the credit…

· “In addition, the House bill tightens up the rules for the Earned Income Tax Credit in such a way that immigrants covered by the Deferred Action for Childhood Arrivals program will no longer be able to receive the credit when their work authorization expires.

· “The House bill would also require a Social Security number for the American Opportunity Tax Credit, which is worth $2,500 annually towards the first four years of higher education expenses. In 2013, ITIN filers claimed $204 million through this credit. The Senate bill makes no changes to these credits.”

ACTIONS

· Rally to Keep ICE OUT of Courts: Rally at Brooklyn Borough Hall to call on the Office of Court Administration to comply with a “Sanctuary Courts” policy which would bar ICE officers from entering Court premises and detaining our clients

· URGENT RFR Help Needed! – CARA: We have an urgent need for help drafting Requests for Reinterview/Reconsideration (RFR) for the Houston Asylum Office. If you are able to draft an RFR, please email otg@caraprobono.org. We have RFR samples and will forward along each client’s IJ court submission, which includes each client’s signed declaration. We need a draft of each RFR by next Wednesday, December 6 at noon (at the latest). If you are an experienced attorney and have capacity to review an RFR and provide mentorship to a volunteer drafter, that is a huge help too!

· AILA: Call for Examples: Problematic SIJS Adjudications at the National Benefits Center

· AILA: Call for Examples: Barriers and Inadequate Access to Detained Clients

THE GIBSON REPORT — 11-27-17

GIBSON REPORT, 11-27-17

HEADLINES:

“TOP UPDATES

 

Decision to terminate the TPS designation for Haiti

DHS: “Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. This decision follows then-Secretary Kelly’s announcement in May 2017 that Haiti had made considerable progress, and that the country’s designation will likely not be extended past six months.”

 

The “Sanctuary” Battle Continues: Court Permanently Enjoins Executive Order Sanctuary Provisions

ImmProf: “A federal judge has permanently blocked President Donald Trump’s executive order to cut funding from “sanctuary cities,” cities that limit cooperation with U.S. immigration enforcement authorities.   U.S. District Court Judge William Orrick issued the ruling [] in lawsuits brought by two California counties, San Francisco and Santa Clara. Judge Orrick said Trump cannot set new conditions on spending approved by Congress.  The ruling is here.  Download Summary-Judgment

 

Debate over whether DACA will be addressed in spending bill

CNN: “Durbin and Graham remained flexible as to whether the immigration deal would decide their votes. If Congress is unable to pass a spending bill by midnight on December 8, the government will shut down.”

See also: With chances of immigration deal fading, Dreamer supporters mount big push

 

How Trump is building a border wall that no one can see

WaPo: “Across agencies and programs, federal officials are wielding executive authority to assemble a bureaucratic wall that could be more effective than any concrete and metal one.”

 

Police in Trump-supporting towns aid immigration officials in crackdown

Reuters: “Dozens of police departments in the United States have been granted new powers, or are seeking them, to check the immigration status of people they arrest, aiding President Donald Trump’s broad crackdown on people living in the country illegally.”

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·                4/30/17 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)

****************************************************************

PWS

11-27-17

THE GIBSON REPORT – 11-20-17

THE GIBSON REPORT – 11

HERE ARE THE HEADLINES:

THE GIBSON REPORT – 11-20-17

 

TOP UPDATES

 

Latest Asylum Denial Rates for Each Immigration Court Judge

TRAC: “TRAC has just published the tenth in its long running series of reports covering each Immigration Judge’s decisions on asylum cases. The latest report series consists of 293 separate reports and includes each Immigration Judge who decided at least 100 asylum cases at their court between FY 2012 and FY 2017.”

 

In Reversal, Immigration Agency Will Consider Delayed DACA Requests

NYT: “After nearly 100 applications to renew permits that let immigrants stay and work in the United States legally were rejected because they had been delayed in the mail, the United States Citizenship and Immigration Services agency last week said nothing could be done; the decisions were final. But on Wednesday, the agency reversed its position.”

 

NYC Council and Mayor pass ban on ICE on private city property

NYC: “Mayor Bill de Blasio [ ] signed into law Introductions 486-A and 487-A, dramatically limiting New York City’s cooperation with overbroad federal immigration enforcement practices, except in instances where there are public safety concerns. The two bills also end the presence of Immigration and Customs Enforcement (ICE) at Rikers Island and all City facilities.”

 

IDP InfoGraphic on ICE Courthouse Arrests in 2017

IDP: “Since the beginning of 2017, IDP has been closely monitoring ICE activity in state courts, and has seen a significant escalation in ICE arrests and attempted arrests in and around criminal, family, and civil courts throughout New York State and nationwide.”

 

USCIS Is Receiving a Record Number of Citizenship Applications

AIC: “The average processing time for United States citizenship applications used to take five to seven months – already a lengthy timeline for immigrants waiting to get their citizenship vetted and approved. A spike in applications before and after the 2016 presidential election has caused that wait time to double.”

 

Canada fears a huge rush of asylum seekers if their U.S. protected status is lifted

WaPo: “In addition to the new signs on the border, the Canadian government said it is increasing its outreach in communities in the United States that are likely to be affected. It also plans to send Spanish- and Creole-speaking members of Parliament to Los Angeles and Miami to meet community leaders and explain Canadian asylum rules. Canada’s 12 consulates in the United States have also been recruited to spread the message that asylum is not automatic.”

 

New BXDA Supp B procedure Requires G-28

All FUTURE requests for certification of the U Nonimmigrant (U –Visa) I-918 Supplement B Form WILL ONLY BE PROCESSED WHEN RECEIVED directly via email to BxdaUVisa@Bronxda.nyc.gov OR via U.S. Mail to:

Office of the Bronx District Attorney

ATTN: U-Visa Coordinator

198 East 161st Street

Bronx, New York 10451

All requests must include the following: I-918 Supplement B Form, Authorization Form, G–28 Form (Notice of Entry of Appearance as Attorney or Accredited Representative). Please DO NOT send any request and or inquires to Bximmigrant@Bronxda.nyc.gov.

 

Illegal alien indicted for hampering with ankle monitor

ICE: “An illegally present Mexican national was indicted in federal court Wednesday on a charge that he connived or conspired or took any other action designed to prevent or hamper, and with the purpose of preventing and hampering, his departure pursuant to the final order of removal. He was also indicted for illegal reentry after removal.”

 

ACTIONS

 

Survey on Communities Targeted for alleged “gang activities”: NYIC and the CUNY INRC are partnering to create community education materials that are fully accessible to impacted communities, who are increasingly being targeted by immigration enforcement and police for alleged “gang-related” activities. To that end, they have created a survey for legal service providers and advocates working with directly impacted communities.

***************************************

PWS

11-21-17

 

REAL DUE PROCESS MAKES A STUNNING DIFFERENCE! – NY PROJECT FINDS THAT REPRESENTED IMMIGRANTS ARE 12X MORE LIKELY TO WIN CASES!

https://www.vox.com/policy-and-politics/2017/11/9/16623906/immigration-court-lawyer

Dara Lind reports for VOX

“Omar Siagha has been in the US for 52 years. He’s a legal permanent resident with three children. He’d never been to prison, he says, before he was taken into Immigration and Customs Enforcement detention — faced with the loss of his green card for a misdemeanor.

His brother tried to seek out lawyers who could help Siagha, but all they offered, in his words, were “high numbers and no hope” — no guarantee, in other words, that they’d be able to get him out of detention for all the money they were charging.

Then he met lawyers from Brooklyn Defender Services — part of the New York Immigrant Family Unity Project, an effort to guarantee legal representation for detained immigrants. They demanded only one thing of him, he recalls: “Omar, you’ve got to tell us the truth.”

But Siagha’s access to a lawyer in immigration court is the exception.

There’s no right to counsel in immigration court, which is part of the executive branch rather than the judiciary. Often, an immigrant’s only shot at legal assistance before they’re marched in front of a judge is the pro bono or legal aid clinic that happens to have attorneys at that courthouse. Those clinics have such limited resources that they try to select only the cases they think have the best shot of winning — which can be extremely difficult to ascertain in a 15-minute interview.

But advocates and local governments are trying to make cases like Siagha’s the rule, not the exception. Soon, every eligible immigrant who gets detained in one of a dozen cities — including New York, Chicago, Oakland, California, and Atlanta — will have access to a lawyer to help fight their immigration court case.

The change started at Varick Street. The New York Immigrant Family Unity Project started in New York City in 2013, guaranteeing access to counsel for detained immigrants.

According to a study released Thursday by the Vera Institute for Justice (which is now helping fund the representation efforts in the other cities, under the auspices of the Safe Cities Network), the results were stunning. With guaranteed legal representation, up to 12 times as many immigrants have been able to win their cases: either able to get legal relief from deportation or at least able to persuade ICE to drop the attempt to deport them this time.

So far, cities have been trying to protect their immigrant populations through inaction — refusing to help with certain federal requests. Giving immigrants lawyers, on the other hand, seemingly makes the system work better. And if it works, it could leave the Trump administration — which is already upset with the amount of time it takes to resolve an immigration court case — very frustrated indeed. (The Department of Justice, which runs immigration courts, didn’t respond to a request for comment.)

Immigration court is supposed to give immigrants a chance for relief. In reality … it depends.

As federal immigration enforcement has ramped up over the past 15 years, nearly every component of it has gotten a sleek bureaucratic upgrade, a boatload of money, and heightened interest and oversight from Congress. But immigration court has been overlooked as everything else has been built up around it.

The reason is simple. Chronologically, most immigrants have to go through immigration court after being apprehended and before being deported. But bureaucratically, immigration courts are run by the Executive Office for Immigration Review, housed in the Justice Department instead of by the Department of Homeland Security. And when it comes to money and bureaucratic attention, that makes all the difference in the world.

From the outside, the striking thing about immigration court is how slow it is — lawyers already report that hearings for those apprehended today are scheduled in 2021. That’s also the Trump administration’s problem with it; the federal government is sweeping up more immigrants than it did in 2016 but deporting fewer of them.

But it doesn’t seem that way from the inside, to an immigrant who doesn’t have any idea what’s going on — especially one who’s being kept in detention.

This is the scene that Peter Markowitz accustomed himself to, as a young immigration lawyer at the Varick Street courtroom in New York: “People brought in, in shackles, with their feet and hands shackled to their waist, often not understanding the language of the proceedings, having no idea of the legal norms that were controlling their fate — being deported hand over fist.”

I know he’s not exaggerating; in my first morning watching immigration court proceedings in Minneapolis in 2008, I saw at least 10 detainees get issued deportation orders before lunch. Almost none had lawyers. Sometimes the judge would pause and explain to the detainee, in plain English, what was really going on — but she didn’t have to, and sometimes she wouldn’t bother.”

************************************************

Read Dara’s full article at the link.

No lawyer = no due process. Rather than trying to hustle folks out of the country without a full and effective chance for them to be heard — in other words, true Due Process — Jeff Sessions should be changing the Immigration Court system to put less reliance on detention and detention center “kangaroo courts” and more emphasis on insuring that each individual scheduled for a hearing has fair and  reasonable access to competent counsel.

I totally agree that due process can’t be put on a “timetable,” as Sessions and his crew at the DOJ seem to want. As observed by none other than Chief Justice John Roberts — certainly no “bleeding heart liberal” —“It takes time to decide a case on appeal. Sometimes a little; sometimes a lot.” Nken v. Holder, 556 U.s. 418 (2009). That’s even more true on the trial level.

I have a somewhat different take on whether representation and providing full due process will ultimately slow down the system. In the short run, represented cases might take longer than unrepresented ones (although I personally found that not invariably true). However, as noted by Chief Judge Katzmann, lack of representation both promotes wrong, and therefore unfair, results, but also inhibits the proper development of the law. (Perhaps not incidentally, I note that Chief Judge Katzmann actually took time to attend and participate in Annual Immigration Judge Training Conferences back in the day when the “powers that be” at DOJ and EOIR deemed such training to be a necessary ingredient of a fair judicial system — something that was eliminated by Sessions’s DOJ this year. Apparently, new, untrained Immigration Judges can be expected to “crank out” more final orders of removal than trained judges.)

When I was in Arlington, the vast majority of the non-detained respondents were represented, and the majority of those got some sort of relief — in other words, won their cases to some extent. As time went on, this development required the DHS to adjust its position and to stop “fully litigating” issues that experience and the law told them they were going to lose.

That, in turn, led to more efficient and focused hearings as well as decisions to drop certain types of cases as an exercise of prosecutorial discretion. Had that process been allowed to continue, rather than being artificially arrested by the Trump regime, it could well have eventually led to more efficient use of docket time and alternate means of disposing of cases that were “likely losers” or of no particular enforcement value to the DHS or the country at large.

By contrast, “haste makes waste” attempts to force cases through the system without representation or otherwise in violation of Due Process often led to appellate reversals, “do-overs,” and re-openings, all of which were less efficient for the system than “doing it right in the first place” would have been!

In my view (echoed at least to some extent by my colleague retired Judge Jeffrey Chase), more conscientious publication of BIA precedents granting asylum could and should have taken large blocks of asylum cases off the “full merits” dockets of Immigration Judges — either by allowing them to be “short docketed” with the use of stipulations or allowing them to be favorably disposed of by the DHS Asylum Offices.

No system that I’m aware of can fully litigate every single possible law violation. Indeed, our entire criminal justice system works overwhelmingly from “plea bargaining” that often bears little if any resemblance to “what actually happened.” Plea bargaining is a practical response that reflects the reality of our justice system and  the inherent limitations on judicial time. And effective plea bargaining requires lawyers on both sides as well as appropriate law development as guidance that can only happen when parties are represented. The absurd claim of Sessions and the DHS that the law allows them no discretion as to whether or not to bring certain categories of removal cases is just that — absurd and in direct contradiction of the rest of the U.S. justice system.

The current policies of the DHS and the DOJ, which work against Due Process, rather than seeking to take advantage of and actively promote it, are ultimately doomed to failure. The only question is how much of a mess, how many wasted resources, and how much pain and unfairness they will create in the process of failing.

Andrea Saenz, mentioned in the article is a former Judicial Law clerk at the New York Immigration Court. I have always admired her clear, concise, “accessible” legal writing — much like that of Judge Jeffrey Chase — and have told her so.

I am also proud that a number of attorneys involved in the “New York Project” and the Brooklyn Defenders are alums of the Arlington Immigration Court or my Georgetown Law RLP class — in other words, charter members of the “New Due Process Army!”  They are literally changing our system, one case and one individual life at a time. And, they and their successors will still be at it long after guys like Jeff Sessions and his restrictionist cronies and their legally and morally bankrupt philosophies have faded from the scene.

Thanks to my friend the amazing Professor Alberto Benítez from the GW Law Immigration Clinic for sending me this item!

PWS

11-10-17

THE GIBSON REPORT — 10-30-17

THE GIBSON REPORT – 10-30-17

TOP HEADLINES:

ICE Arrests Five Individuals with Pending Charges in New York After Detainers Were Not Honored

ICE arrested five individuals with pending charges in the New York City area after detainers filed by ICE were not honored. ICE states that since January 2017, 70 percent of the ICE arrests have been comprised of convicted criminals. AILA Doc. No. 17101900

 

Federal Judge In Hawaii Blocks Trump’s Third Attempt At Travel Ban

ImmProf: “In his ruling, Watson wrote that the third version of the ban, like those before it, “lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be ‘detrimental to the interests of the United States,’ ” evidence that he says would be necessary for the ban to be enforceable.”

 

Trump plans massive increase in federal immigration jails

USA Today: “In recent weeks, the Immigration and Customs Enforcement (ICE) agency has put out requests to identify privately-run jail sites in Chicago, Detroit, St. Paul, Salt Lake City and southern Texas, according to notices published on a federal contracting website. It did not publicly announce its plans to house 4,000 more detainees at the facilities.”

 

Who Is Represented in Immigration Court? Mexican Immigrants Lowest, Chinese Highest Representation Rates

ImmProf: “Representation rates for detained individuals have ranged between roughly 10 and 30 percent…. Representation rates for those who were never detained in contrast have generally ranged between 60 and 80 percent.”

 

Judge denies Arpaio’s motion to erase his criminal contempt conviction

AZ Central: “In her ruling, Bolton said while Trump’s pardon “undoubtedly spared Defendant from any punishment that might otherwise have been imposed. It did not, however, ‘revise the historical facts’ of this case.””

 

NAIJ Expresses Concerns Regarding Implementation of Quotas on IJ’s

The National Association of Immigration Judges (NAIJ) submitted a statement to the Senate Judiciary Committee Oversight Hearing on the DOJ urging Congress to exempt immigration judges from performance reviews, noting ALJs are already exempt because quotas are “antithetical to judicial independence.” AILA Doc. No. 17102062

 

ACTIONS

 

  • Survey on women and girls: Ford Foundation funded assessment of the challenges faced by immigrant women and girls in the United States
  • UNHCR feedback for materials for children: UNHCR intends to develop unbranded child-friendly materials on asylum for unaccompanied children in the United States. At this juncture, we would like to solicit input from practitioners who have represented unaccompanied children in the asylum process and also from unaccompanied children who are either currently or have been through the asylum process in the United States, whether it be before the Asylum Office or Immigration Court.” See attached.

*****************************

PWS

10-30-17