HERE ARE THE HEADLINES:
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.”
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.”
- EOIR Memo on Renewing Our Commitment to the Timely and Efficient Adjudication of Immigration Cases to Serve the National Interest
- EOIR Strategic Caseload Reduction Plan
- NYCB: Quotas in Immigration Courts Would Be Neither Efficient Nor Just (Full disclosure from EG: I helped draft this and am on the committee).
- AILA: AG Sessions Cites Flawed Facts in Missive on the Immigration Court System
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.
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.
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 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 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 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 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
- Sign petition to Judge DiFiore – on 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 email@example.com 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
- Protecting the Administration of Justice in New York State: Impact of ICE Arrests on New Yorkers’ Access to State Courthouses – The Fund for Modern Courts today released a report, which proposes four new policies and protocols to ameliorate the significant increase of enforcement actions by U.S. Customs and Immigration Enforcement (“ICE”) in state courthouses and to ensure the proper administration of justice.
- Updated USCIS District Office Charts (attached) – IJC: In addition to the appointment of a new District Director, there has been some significant reorganization of case processing departments – instead of case-specific units, the office is now organized by geography/borough.
- The Mixed Motives of Unaccompanied Child Migrants from Central America’s Northern Triangle – Using data from a 2016 survey carried out in 10 shelters for unaccompanied child migrants run by a Mexican government child welfare agency, the paper identifies the immigrating minor’s motives, which are oftentimes mixed.
Thanks, Elizabeth, for keeping the members of the “New Due Process Army” informed!
You’re the greatest!