THE GIBSON REPORT – 04-02-18 — Compiled By Elizabeth Gibson, ESQ, NY Legal Assistance Group

THE GIBSON REPORT – 04

HEADLINES:

TOP UPDATES

Immigration Courts: Last Week Tonight with John Oliver (HBO)

If you need some dark humor but also want an excellent resource for explaining immigration courts to lay people.

 

Venting on Immigration, Trump Vows ‘No More DACA Deal’ and Threatens Nafta

NYT: President Trump, blaming Democrats and the Mexican government for an increasingly “dangerous” flow of illegal immigrants, unleashed a series of fiery tweets on Sunday in which he vowed “NO MORE DACA DEAL” and threatened to walk away from the North American Free Trade Agreement.

 

Public Charge Regs Sent to OMB

CLASP: The proposed rule would instruct immigration agents to consider whether an immigrant or a member of their family is likely to participate in any governmental assistance program when determining who can enter the U.S. or become a permanent resident.

 

ICE Ends Policy Of Presuming Release For Pregnant Detainees

HuffPo: The Trump administration has abandoned a policy of generally releasing pregnant women from immigrant detention, according to a directive publicly shared by Immigration and Customs Enforcement on Thursday.

 

ICE Used Private Facebook Data To Find And Track Criminal Suspect, Internal Emails Show

Intercept: ICE, the federal agency tasked with Trump’s program of mass deportation, uses backend Facebook data to locate and track suspects, according to a string of emails and documents obtained by The Intercept through a public records request

 

DOS Request for Comments on Proposed Changes to Form DS-260, Including Collection of Social Media Information

DOS 60-day notice and request for comments on proposed changes to Form DS-260, Electronic Application for Immigrant Visa and Alien Registration. One of the proposed new questions requires the applicant to provide certain social media identifiers. Comments are due 5/29/18. (83 FR 13806, 3/30/18) AILA Doc. No. 18033064. See also DOS Request for Comments on Proposed Changes to Forms DS-160 and DS-156, Including Collection of Social Media Information.

 

Trump Administration Adds Citizenship Question to Census 2020, California Immediately Files Suit

Imm Prof: The Commerce Departmentannounced late last night that the 2020 Census will ask about people’s citizenship, which some claim will lead to a significant undercount of immigrant communities. NPR reports. If their immigrant residents are not counted, state and local communities stand to lose significant federal funding.

 

Trump Administration Refugee Admissions Fall Drastically Short of Six-Month Benchmark

AIC: The United States is on track to admit fewer refugees than ever before—going against our long-held values of welcoming the persecuted and oppressed.

 

USCIS Is Withholding Records Showing That Border Agents Are Abusing Asylum Seekers 

AIC: A new Freedom of Information Act lawsuit hopes to reveal how asylum officials’ repeated concerns about CBP officer misconduct were left unaddressed. The lawsuit, filed by Human Rights Watch and Nixon Peabody LLP, seeks information about such misbehavior, including hundreds of reports that CBP failed to properly screen asylum seekers.

 

With Yellow Vests and an ‘ICE-Sniffing Dog,’ Activists Watch for Immigration Agents

WNYC: Each day that court is in session, they patrol the courthouse in North Brunswick, where activists say three immigrants without documentation were recently detained by ICE after showing up to court to pay fines for driving-related infractions.

 

IDP/Make the Road: Guidance for ICE “Call-In Letter”

Immigration has mailed these letters to non-citizens with open criminal cases asking them to report to the 12th floor of Varick Street in NYC. These letters usually arrive shortly after the individual has been arrested (which includes receiving a Desk Appearance Ticket) or during their criminal case.

 

IJs Who Require Written Pleadings

A few immigration judges have recently joined the list of those who require written pleadings in the New York and New Jersey area. Advocates report that the list includes:

  • IJ Bain
  • IJ La Forest
  • IJ Wright
  • IJ Farber
  • IJ David Cheng (NJ)

 

LITIGATION/CASELAW/RULES/MEMOS

 

US Judge Opens Door for Thousands to Apply for Asylum

AP: A federal judge in Seattle opened the door Thursday for thousands of immigrants to apply for asylum, finding that the Department of Homeland Security has routinely failed to notify them of a deadline for filing their applications. Mendez-Rojas v. Johnson, No. 2:16-cv-01024-RSM (W.D. Wash. Filed June 30, 2016)

 

California, NY sue Trump administration over addition of citizenship question to census

WaPo: The suits are just the start of what is likely to be a broader battle with enormous political stakes that pits the administration against many Democratic states, which believe that the citizenship question will reduce the response rate for the census and produce undercounts.

 

Class Action Suit in California Challenges Prolonged Detention Under INA §241(a)(6) Without Bond Hearings

Plaintiffs filed a class action suit in federal district court on behalf of all individuals in the Ninth Circuit detained pursuant to INA §241(a)(6) for at least six months without a bond hearing. (Aleman Gonzalez v. Sessions, 3/27/18) AILA Doc. No. 18033001

 

Lawsuit Filed by Diversity Visa Lottery Winners from Travel Ban Countries

The court dismissed the case as moot because the Supreme Court already mooted the challenges to Executive Order 13780 in IRAP v. Trump and Hawaii v. Trump and did not rule on the legality of Executive Order 13780. (Almaqrami v. Tillerson, 3/27/18) AILA Doc. No. 17080730

 

BIA Finds Attorney Who Left Law Firm Provided Ineffective Assistance

Unpublished BIA decision finds respondent’s prior attorney provided ineffective assistance by failing to submit documents and leaving firm one week before hearing without providing notes for new attorney. Special thanks to IRAC. (Matter of Camacho-Luz, 5/10/17) AILA Doc. No. 18032801

 

BIA Finds Child Endangerment Statute Not a Crime of Child Abuse

Unpublished BIA decision holds that endangering the welfare of a child under 18 Pa. Cons. Stat. 4304(a)(1) is not a crime of child abuse because it does not require a knowing mental state or a likelihood of harm to a child. Special thanks to IRAC. (Matter of Gutierrez, 5/12/17) AILA Doc. No. 18032633

 

BIA Affirms Finding that Public Lewdness Is Not a CIMT

Unpublished BIA decision denies DHS motion to reconsider prior decision holding that public lewdness under NYPL 245.00 is not a CIMT. Special thanks to IRAC. (Matter of Kaminski, 5/11/17) AILA Doc. No. 18032637

 

Unpublished BIA Decision on Proper Authentication of Form I-213

In an unpublished decision, the BIA remanded the case, disagreeing with the Immigration Judge’s conclusion that the Form I-213 was properly authenticated and stating that “the inherent reliability for an I-213 depends on its proper authentication.” Courtesy of Fausto Falzone. AILA Doc. No. 18032734

 

CA4 Vacates Matter of Jimenez-Cedillo

The court remanded to the BIA, holding that the BIA’s failure to provide a reasoned explanation as to why it abandoned its precedent regarding when a sexual offense against a minor is a CIMT was arbitrary and capricious. Courtesy of Ben Winograd. (Jimenez-Cedillo v. Sessions, 3/20/18) AILA Doc. No. 18032933

 

Liberian Deferred Enforced Departure Extension to March 31, 2019

White House: I find that conditions in Liberia no longer warrant a further extension of DED, but that the foreign policy interests of the United States warrant affording an orderly transition (“wind-down”) period to Liberian DED beneficiaries.  In consultation with my advisors, I have concluded that a 12‑month wind‑down period is appropriate in order to provide Liberia’s government with time to reintegrate its returning citizens and to allow DED beneficiaries who are not eligible for other forms of immigration relief to make necessary arrangements and to depart the United States.

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·             9/26/18 Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices

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Thanks, Elizabeth, for keeping us up to date on all that’s happening!

 

PWS

04-03-18

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