TOP HEADLINES:
TOP UPDATES
Trump Signs Memo Ordering End to ‘Catch and Release’ Immigration Policy
NYT: President Trump issued a memorandumon Friday directing his administration to move quickly to bring an end to “catch and release,” the practice by which immigrants presenting themselves at the border without authorization are released from detention while waiting for their cases to be processed. The directive does not, on its own, toughen immigration policy or take concrete steps to do so; it merely directs officials to report to the president about steps they are taking to “expeditiously end ‘catch and release’ practices.”
Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry
DOJ: Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. Today’s zero-tolerance policy further directs each U.S. Attorney’s Office along the Southwest Border … to adopt a policy to prosecute all Department of Homeland Security referrals of section 1325(a) violations, to the extent practicable.
EOIR Issues Guidance Implementing Immigration Judge Performance Metrics
EOIR issued guidance outlining performance metrics for immigration judges (IJs), to be implemented on 10/1/18. Metrics will be added to the IJ Performance Work Plan and in addition to other requirements, IJs will need to complete 700 cases per year, to earn a satisfactory rating. AILA Doc. No. 18040301
- Text of the Email to IJsand attached guidance
- AILA Resources (including a list of opposition statements from various orgs)
- National Public Radio interview from National Association of Immigration Judges spokesperson
- Immigration Courtside: Quota Memo Is An Attack On Quality Of Judicial Decisions & Due Process
3 States Agree to Deploy National Guard to Border as Others Stall or Refuse
Tribune News Service: Defense Secretary James N. Mattis has signed an order to send up to 4,000 National Guard troops to the U.S.-Mexico border but barred them from interacting with migrants detained by the Border Patrol in most circumstances.
- White House Releases Presidential Memo on Requested Use of National Guard to Secure Southern Border
- DHS Releases Statement on Deployment of National Guard to Southern Border
- DOJ Releases Statement on National Guard Deployment
- Think Immigration: Questionable Statistics Used to Shore Up “Urgent” Need for National Guard on U.S.-Mexico Border
Border Patrol has thousands of openings it can’t fill
CNN: According to Customs and Border Protection, as of March 17, there were 19,346 Border Patrol agents on duty, short of the congressionally mandated 21,370. That’s almost 100 fewer agents than there were at the end of September 2017.
Mexico says it’s already deported 400 people in ‘Caravan’
WashTimes: The Mexican government says it’s already deported 400 people who were part of the caravan of illegal immigrants crossing its territory in a journey from Central America to the U.S. — but says it’s up to American officials, not Mexicans, to stop them from getting into the U.S.
U.S. gathers data on migrants deep in Mexico, a sensitive program Trump’s rhetoric could put at risk
WaPo: Operating in detention facilities in southern Mexico and here in [Mexico City], Department of Homeland Security officials have installed scores of screening terminals to collect migrants’ fingerprints, ocular scans and other identifying features, including tattoos and scars.
Graham predicts new push for immigration deal
Politico: Sen. Lindsey Graham said Sunday he expects another push in Congress to reach an immigration deal “by the spring, early summer.”
NYMag: Henry thought that talking to the cops would help him escape MS-13. Instead, it put his life in even more danger.
America needs more workers. Trump’s war on immigration won’t help.
WaPo: The causes of America’s worker shortfall include an aging population and a birthrate that recently hit a historic low. With the jobless rate bumping along at just above 4 percent, companies desperate to fill orders and meet demand are pumping up their recruiting budgets and in some cases turning to ex-convicts to fill jobs.
Closure of U.S. Consulate General in St. Petersburg, Russia
DOS announced that due to the Russian government’s closure of the U.S. Consulate General in St. Petersburg, it is no longer able to provide services to U.S. citizens in St. Petersburg. The U.S. Embassy in Moscow and Consulates General in Yekaterinburg and Vladivostok remain open.
AILA Doc. No. 18040207
LITIGATION/CASELAW/RULES/MEMOS
The Southern Poverty Law Center filed a lawsuit in federal district court challenging immigration detainees’ lack of access to counsel in the LaSalle, Irwin, and Stewart detention centers. (SPLC v. DHS, 4/4/18) AILA Doc. No. 18040530
BIA Applies Matter of Pickering on a Nationwide Basis
The BIA sustained the respondent’s appeal, reaffirming Matter of Pickering, regarding the validity of vacated convictions for immigration purposes, and the decision is modified to give it nationwide application. Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018)AILA Doc. No. 18040630
The court denied the petition for review, holding, among other things, that the petitioners did not show that the government of Guatemala condoned the actions of those who mistreated the petitioners or was unable or unwilling to protect them. (Olmos-Colaj v. Sessions, 3/29/18) AILA Doc. No. 18040341
CA1 Denies Petition for Review Challenging BIA’s Denial of Motion to Reopen
The court found that the BIA did not abuse its discretion when it dismissed the petitioner’s motion to reopen as untimely. The court also dismissed for lack of jurisdiction his challenge to the BIA’s decision not to exercise its sua sponte authority to reopen. (Reyes v. Sessions, 3/29/18) AILA Doc. No. 18040431
The court found that the BIA did not err in determining that the petitioner’s federal drug trafficking conviction made him removable, even though the Controlled Substances Act (CSA) schedules of drugs were broader at time of conviction than at the time of removal. (Doe v. Sessions, 3/29/18) AILA Doc. No. 18040434
CA3 Finds New Jersey Conviction for Receiving Stolen Property to Be an Aggravated Felony
The court denied the petition for review, holding that a conviction under N.J. Stat. Ann. §2C:20-7(a) for receiving stolen property is categorically an aggravated felony under INA §101(a)(43)(G). (Lewin v. Sessions, 3/20/18) AILA Doc. No. 18040435
CA4 Holds That “Egregious Violation” Exclusionary Rule Applies to State and Local Officers
The court held that the “egregious violation” exclusionary rule applies in civil deportation proceedings to state and local officers, and that the petitioner did not prove an egregious violation by state law enforcement of his Fourth Amendment rights. (Sanchez v. Sessions, 3/27/18) AILA Doc. No. 18040440
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. (Vazquez v. Sessions, 3/21/18) AILA Doc. No. 18040441
CA8 Denies Petition for Review of Denial of Asylum to Guatemalan Survivor of Gender-Based Violence
The court denied the petition for review of the denial of asylum, finding that the harm inflicted on the petitioner by her husband and by a neighbor did not rise to the level of persecution and that she failed to establish a fear of future persecution. (Lopez v. Sessions, 4/3/18) AILA Doc. No. 18040342
The court held that petitioner had failed to meet her burden of proof to show that her conviction under California Penal Code §182(a)(1) was not for a disqualifying controlled substance offense, and thus that she was ineligible for cancellation of removal. (Marinelarena v. Sessions, 8/23/17) AILA Doc. No. 17082435
CA10 Holds that Violation of 18 USC §1542 Is Categorically a Crime Involving Moral Turpitude
The court held that a violation of 18 USC §1542 for making a false statement in a passport application is categorically a crime involving moral turpitude. (Afamasaga v. Sessions, 3/19/18) AILA Doc. No. 18040445
CA11 Finds Florida Conviction for Sale of Cocaine to Be an “Illicit Trafficking” Aggravated Felony
The court held that the BIA did not err in concluding that the petitioner was ineligible for cancellation of removal because his Florida conviction for sale of cocaine constituted illicit trafficking within the meaning of INA §101(a)(43)(B). (Choizilme v. Attorney General, 3/30/18) AILA Doc. No. 18040446
Court Finds CBP’s Response to AILA FOIA for Officer’s Reference Tool Inadequate
The court denied the government’s motion for summary judgment, noting it is obligated to review and disclose responsive records, including the documents that make up the Officer’s Reference Tool unless a FOIA exemption or other legal objection to disclosure applies. (AILA v. DHS, 3/30/18) AILA Doc. No. 18040337
ACLU Affiliates Sends Letter to Greyhound Buses on Immigration Raids
ACLU affiliates sent a letter to Greyhound on its practice of permitting CBP agents to routinely board its buses and question passengers about their citizenship and immigration status, stating Greyhound has the right to deny CBP permission to board and search its buses without a judicial warrant. AILA Doc. No. 18040340
USCIS Announces It Will Destroy Undeliverable Green Cards and EADs After 60 Days
USCIS announced that starting 4/2/18, it will destroy permanent resident cards, employment authorization cards, and travel documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted with the correct address. AILA Doc. No. 18040401
ACTIONS
- AILA – 2018 National Day of Action
- Call for Information: Report Raids and Enforcement Actions to AILA National
- Sign-On Letter Requesting Transparency and Accountability for Immigration Detention
- Sing-On Letter Addressing Detention of Pregnant Womenfrom the National Latina Institute for Reproductive Health
RESOURCES
- Newark Asylum Office Affirmative Asylum Public Scheduling Update – April 2018 (Attached)
- Spanish Translations of Critical USCIS Forms Now Available by Kevin Gerry Dunn
- Resources for Responding to Large-Scale Enforcement Actions and Raids
- DOS Organizational Directory Telephone List
- Withdrawal of Representation in Immigration Practice
- CA Department of Justice Issues Bulletin with Guidance to Law Enforcement on SB 54
- AILA Podcast: FOIA Litigation for Immigration Attorneys
- ThinkImmgiration: Stopping State Bills That Attack Immigrants – A How-To From Georgia
- HRW Report on Haitian TPS
- Documents in State of Hawaii et al. v. Donald Trump et al. –A Challenge to President Trump’s September 27, 2017 Travel Ban (“Travel Ban 3”)
EVENTS
- 4/9/17Reporting the Immigration Beat: A Panel Discussion(full disclosure: I’m on this panel and helping organize the event)
- 4/9/18 MOIA: Interfaith Seder for Immigrant and Refugee Justice
- 4/10/18 Old Stock: A Refugee Love Story (and panel discussion)
- 4/10/18Family Immigration Policy and Trends: How the U.S. Compares to Other Countries
- 4/11/18 Prolonged Detention I
- 4/12/18 Overcoming Bars to Motions to Reopen and Reconsider
- 4/12/18AILA 2018 Removal Defense Conference and Webcast
- 4/17/18When People Flee: Rule of Law and Forced Migration
- 4/17/18 Improve Your Etiquette with Adjudicators
- 4/17/18 Strategic Etiquette with Adjudicators: Point Them Toward the Issues
- 4/19/18 New Strategies for Overcoming False Claims to Citizenship
- 4/19/18 Reopening In Absentia Orders
- 4/20/18The Mayor’s Office of Immigrant Affairs Presents – Know Your Rights Partners Celebration
- 4/20/18Training: Immigration Enforcement Unleashed- Strategies for Litigating Gang Allegations and Gang-based Persecution in the Age of Trump
- 4/21/18 Fiction and Personal Themes: Race and Immigration
- 4/26/18 Replying to Ridiculous RFEs in Family-Based Cases: Alice in Wonderland
- 4/30/18 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)
- 5/3/18 Waivers in the Trump Administration
- 5/8/18A Decade of Advancing Immigrant Representation 6.5 CLE
- 5/9/18 Prolonged Detention II
- 5/16/18Mental Health Issues & the New York State Courts 2018: Why Trauma Matters to Judges and Lawyers
- 5/30/18 Challenging Conditions of Release and Creative Uses of Habeas
- 6/13-16/18 2018 AILA Conference
- 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
· 9/26/18Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices
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As always, thanks Elizabeth for keeping us all informed!
PWS
04-09-18
Wow, if I was an experienced Judge, and I was subjected to these “performance metrics,” I’d be very offended. I’d quit, in fact. In your informal discussions with your colleagues, have you found them feeling the same way ?
Many Immigration Judges are offended by this rather sophomoric attempt by Sessions to attack their professionalism and degrade their status as independent judges. That’s why the NAIJ has demanded further negotiations before the standards go into effect.
Sessions has been working hard to “dumb down” the Immigration Courts, undermine due process, and “de-professionalize” the Immigration Judge Corps. His goal is to turn our U.S. Immigration Courts into “Whistle Stops on His Deportation Railroad!” He also wants to conceal the role of “Aimless Docket Reshuffling” by politicos in the DOJ, and irresponsible enforcement choices by DHS, in creating and aggravating the current backlogs.
Whether experienced Immigration Judges choose to retire, leave for other jobs, or remain depends on 1) how much they need the job; 2) what alternatives they have; and 3) whether they believe that their ability to make fair individual decisions is actually being compromised by these “Mickey Mouse” criteria.
There is a very sound reason why when EOIR was originally established, the DOJ requested an exemption from performance evaluation from OPM. The intent was to preclude the actuality or even the appearance of improper influence and to establish EOIR as an independent Administrative court system operating within the DOJ.
The Bush II, Obama, and now Trump Administrations have steadily chipped away at judicial independence until the Immigration Court has reverted to its role of a less than independent, less than professional, “captive court.” Only now, the problems at EOIR are on a much larger and potentially more destructive scale than they were when Immigration Judges were part of the “Legacy INS.”
Unfortunately, the “EOIR Experiment,” noble as it might have been in original concept, has failed. If Congress won’t clean up the mess and remove this Court System from the DOJ’s “malicious incompetence,” the Article III Courts eventually will have to do so. That’s not likely to be a pretty solution for either respondents or DHS Enforcement.
In the short run, I’m sure Sessions is undisturbed by the prospect of a wave of retirements by experienced U.S. Immigration Judges. It will give him opportunities to appoint “clones” who share his xenophobic, anti-immigrant, anti-due process views. And, because of the two-year “probationary period” applicable to new Immigration Judges — during which they can largely be “fired at will” — he will have even more ability to influence their decision making and to undermine fairness for respondents.
PWS
04-10-18
can NAIJ sue the AG ?