THE GIBSON REPORT — August 21, 2017

The Gibson Report, August 21, 2017

Here are the “Headlines:”

DACA on perilous footing on 5th anniversary

CNN: Ten state attorneys general, led by Texas Attorney General Ken Paxton, have issued an ultimatum to the Trump administration — sunset DACA by September 5, or we’ll challenge it in court.


ICE Has Arrested More Than 400 In Operation Targeting Parents Who Pay Smugglers

NPR: Immigration and Customs Enforcement has arrested more than 400 people in an operation targeting undocumented parents and guardians who allegedly paid smugglers to bring their children to the U.S., putting them in grave danger. An ICE spokesman tells NPR the domestic phase of its Human Smuggling Disruption Initiative concluded on Friday. He said the “surge initiative” will now shift its focus to the transnational smuggling organizations that bring the children to the U.S.-Mexico border.


Trump Administration Terminates Protection for At-Risk Central American Children

ImmProf: The Trump administration announced that it was ending the CAM (Central American Minors) Parole Program, which had allowed certain children in Central America to enter the United States and be reunited with their legally residing parents.


They Got Hurt At Work — Then They Got Deported

NPR: Florida’s lawmakers added a catch, making it a crime to file a workers’ comp claim using false identification. Since then, insurers have avoided paying for injured immigrant workers’ lost wages and medical care by repeatedly turning them in to the state…What’s quietly been happening to workers in Florida, unnoticed even by immigrant advocates, could be a harbinger of the future as immigration enforcement expands under President Trump.


Dilley Settlement

AILA: The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum. The case was filed after Immigration and Customs Enforcement (ICE) barred Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from entering the South Texas Family Residential Center (STFRC) in Dilley, Texas. AILA Doc. No. 17081862.


CFI grants down

WRC: USCIS posted updated quarterly statistics on the CFI caseload and grant rate. The rate of positive credible fear has declined in FY 2017. While of course many factors can influence the rate, and overall the total number of CFIs declined as well, it’s worth noting the decline in positive credible fear in light of the new credible fear lesson plan issued in February and given that a decline in the fear found rate also occurred in 2014 when a revised lesson plan was issued.





THE GIBSON REPORT — August 14, 2017

The Gibson Report 08-14-17

Here are the “Headliners:”



ICE eService for OCC

On Monday, August 21, 2017, U.S. Immigration and Customs Enforcement (ICE) eService will become available in the ICE Office of the Principal Legal Advisor (OPLA) New York City Office of Chief Counsel (OCC) area of responsibility.  See attached brochure, which describes what can be served electronically. To request access to ICE eService, please visit


ACLU Class Action Suit Charges that Efforts to Detain and Deport Children are Based on Unfounded Gang Allegations

Attorneys representing immigrant children and their families sued Attorney General Jeff Sessions, Immigration and Customs Enforcement (ICE), and the U.S. Department of Health and Human Services’ Office of Refugee Resettlement (ORR) today for using unsubstantiated claims of gang affiliation to illegally detain teenagers in jail-like facilities in California.


National Conference of State Legislatures Issues Report on Increase in State Immigration Legislation

Enacted legislation related to immigration increased in the first half of 2017 by 90 percent to 133 laws compared with 70 laws in 2016. The number of resolutions increased by 22 percent to 195 from 159. Lawmakers in 47 states enacted 133 laws and 195 resolutions related to immigration, for a total of 328. An additional nine bills were vetoed by governors and 18 are pending signatures. Trends 2017: Sanctuary policies, Refugees, Education/civics, Education/in-state tuition.


For-Profit Private Prison Operator Tells Investors that ICE Will Improve Company Earnings

“While in the past, ICE processing centers have been primarily utilized for individuals detained for multiple illegally border crossings, increasingly, ICE intends to utilize contract bed capacity for interior enforcement.”


ICE Investigating Families

Catholic Charities: It seems that ICE and HSI are getting contact information for families from minors at the border and are going on a fishing expedition to get evidence of immigration and criminal violations.  The first wave is taking action against people with immigration violations–arresting and detaining household members with outstanding removal orders, issuing NTA (but also sometimes detaining) those who are undocumented. There will likely be a second wave of using smuggling inadmissibility charges to limit the relief that these immigrants can receive.  The third wave will be criminally prosecuting people on federal charges of alien smuggling (which is a crime and carries 5 years of jail time). CLINIC and NYIC  and others are tracking these encounters. You may want to report to them. This is what we are telling people contacted by HSI and ICE:

  1. Talking to them is completely voluntary.  They have not issued a subpoena and you are not obligated to go to a meeting or answer your door. They may show up at your house; you do not have to let them in.
  2. You have a right to consult with a lawyer before you talk to them. You have a right to have a lawyer present during any conversations with them.
  3. 5th Amendment.  If you talk to them, what you say can and will be used against you in a deportation case and a criminal case. They are looking for evidence to use against you.

4.      Smuggling is a crime. (We usually walk then through the statute). It includes paying for but also just arranging and planning for someone to enter the U.S.  It doesn’t matter why you did this or how sympathetic the story is. If you admit to this crime, you can be prosecuted and put in jail. It is also an immigration violation which can be used against you.”


Interesting that even ICE is more advanced in electronic filing than the Immigration Courts!





As usual, lots of “good stuff” in Elizabeth’s Report.  Here are the “Top Stories:”



NYIFUP Accepting New Cases Again

BDS: As most of you know, the New York Immigrant Family Unity Project (NYIFUP) has not been in intake recently. We are pleased to let you know that the NYIFUP providers will be back accepting new cases at the Varick Street Court as of August 14th for clients who are detained, unrepresented, and financially eligible. We will not be imposing a bar to our services based on criminal history. Because we intake unrepresented clients directly at the court, there is no need to refer us cases, although you are welcome to let the providers know about someone who will be coming through intake ahead of time. At this time, the providers are still determining our capacity to accept cases whose first appearance was during the time that we were out of intake. If you have specific questions about NYIFUP or an individual case, you can reach out to me, to Sarah Gillman at the Legal Aid Society (, or to Sarah Deri Oshiro at the Bronx Defenders ( Thank all of you for your strong support of NYIFUP this year. NYT Coverage.


Increased number of RFEs for pending I-360 SIJS petitions and notices of intent to revoke approved I-360 SIJS petitions

USCIS has been issuing an increased number of RFEs for pending I-360 SIJS petitions and notices of intent to revoke approved I-360 SIJS petitions. USCIS is primarily issuing RFEs to SIJS applicants that were 18 years old or older at the time the guardianship order was issued. However, they are also issuing RFEs to SIJS applicants that obtained a custody order.


EOIR Memo on continuancesIssued July 31, 2017, it directs IJs to take a less liberal stance with regards to continuances, taking into account the complexity of the case, etc. Respondents will be granted at least one continuance to obtain counsel, but it may be harder to receive additional adjournments if they cannot show diligence in seeking counsel.


  1. 1720: RAISE Act

While it is unlikely that this bill will ever become a law, it has gained a lot of press since Trump announced his support for it. The law would have a significant impact on family-based immigration and also would affect employment-based and refugee programs. In short, it would, cut family-based immigration in half over the next decade (eliminating the categories of adult parents of U.S. citizens, adult siblings of U.S. citizens, unmarried or married adult children of U.S. citizens, and unmarried adult children of LPRs), end the diversity visa lottery, and cap refugee admissions at 50,000. For elderly parents there would be a renewable nonimmigrant visa granted on the condition that parents will not work, access public benefits, and must be guaranteed support and health insurance by their sponsoring children. MPI analysis.


DOJ Announces Anti-Sanctuary City Language Required for Participation in Public Safety Partnership Program

The Department of Justice announced that, in order to participate in the Public Safety Partnership (PSP) program, local jurisdictions must answer questions that “show a commitment to reducing crime stemming from illegal immigration.” Twelve locations were initially selected for the program. AILA Doc. No. 17080333


Data Shows Prosecutorial Discretion Grinds to a Halt in Immigration Courts

The Department of Justice (DOJ) announced last month that it now has hired 326 immigration judges, 53 more judges than July 2016, yet during that time the immigration court backlog has grown. According to new data released by the Transactional Records Access Clearinghouse (TRAC) the reason for this may be due to the fact that the Trump administration has nearly ended the use of prosecutorial discretion to close cases, forcing judges to place them all on their dockets.


Advocates File Amicus Brief with BIA on the Modified Categorical Approach and CIMTs

Responding to an amicus invitation, AILA, the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild filed a brief taking the position that the BIA should not depart from the categorical approach when analyzing reprehensibility element of the CIMT analysis. AILA Doc. No. 17080403


Civil Rights Groups Sue State Department – demand processing of Diversity Visa Winners

Civil rights groups filed a federal lawsuit challenging the State Department’s refusal to process visa applications for winners of the U.S. Diversity Visa Program lottery who hail from the six countries covered by President Trump’s Muslim ban.  P.K. v. Tillerson, was filed in the U.S. District Court in Washington, D.C.


Still No Action Taken: Complaints Against Border Patrol Agents Continue to Go Unanswered

According to more recent CBP data obtained by the American Immigration Council, the agency has made little progress in its efforts to improve accountability. This data, obtained through a Freedom of Information Act (FOIA) request, includes 2,178 cases of alleged misconduct by Border Patrol agents and supervisors that were filed between January 2012 and October 2015.”


Go the the full report at the link for more.




The Gibson Report for July 31, 2017





The “Gibson Report” For July 24, 2017 — Administration Seeks To Warehouse Asylum Seekers In Mexico

 Gibson Report, JUly 24, 2107

The first item in Elizabeth’s report for this week is certainly worthy of note:

Administration to Release Regulations Requiring Asylum Seekers to Remain in Mexico

HRF: “[T]he administration indicated that it plans to issue regulations to advance the provision in President Trump’s January 25 executive order that seeks to remove immigrants “to the territory from which they came” while they await immigration court hearings.”


All sorts of potential issues with this one. If they are Mexicans, how can you send them back to the country from which they seek asylum while awaiting an asylum hearing? And, if they are not Mexicans, how can you force Mexico to accept non-Mexican nationals back into its territory?



The Gibson Report For June 19, 2017

The Gibson Report, June 19, 2017

Thanks, Elizabeth!



The Gibson Report For June 5, 2017! — More “ADR” On Tap For The New York Immigration Court?

Get it here:

Gibson Report 06-05-17

One thing that caught my eye in Elizabeth’s report is the first item:

“Update from Regina Rau, Acting Court Administrator-NYC:

Effective 7/3/17 Judge Tsankov will be assigned to the Varick Street Court.  Until further notice, any case on her NYC docket from 7/3/17 on will not be going forward.

Judge Chew will be retiring at the end of June. However his future cases will be heard by another Immigration Judge so all of your hearing dates will remain the same.”

In the case of Judge Tsankov’s docket, sure sounds like more “Aimless Docket Reshuffling” (“ADR”) to me.  And, based on my experience and what I’ve been hearing from folks in and dealing with the Immigration Courts, I wouldn’t “bet the farm” on all of Judge Chew’s cases being heard on schedule either.





The “Gibson Report” For May 30, 2017

Gibson Report, May 30



The “Gibson Report” For The Week Of May 15!

Here it is:

The Gibson Report For Week of May 15, 2017




THE “GIBSON REPORT” — Week of May 1, 2017

Gibson Report — May 1, 2017


Thanks again to Elizabeth Gibson, Esq. for making this terrific resource available.



HERE IT IS! — The “Gibson Report” For April 17, 2017!

Gibson Report — April 17, 2017

Thanks again to Elizabeth Gibson, former Arlington Immigration Court Intern and “Georgetown Law RLP’er” now Immigrant Justice Corps Fellow/Staff Attorney, Immigrant Protection Unit, New York Legal Assistance Group!