THE GIBSON REPORT – 06-18-18 — Compiled By Elizabeth Gibson, Esquire, New York Legal Assistance Group

The Gibson Report 06-18-18

FAMILY SEPARATION DONATIONS: For anyone being asked by friends how to help, in addition to encouraging them to support local legal service providers, Slate has a pretty good list of places to donate (that they have been updating). See also KIND’s How You Can Help End Family Separation and Ensure Protection for Children.

 

TOP UPDATES

 

Attorney General Sessions Attempts to Close the Door to Women Refugees

CGRS: In ruling against our client, Sessions overturned the groundbreaking Board of Immigration Appeals decision in Matter of A-R-C-G-, which in 2014 affirmed that domestic violence survivors are deserving of protection. In his decision Sessions makes the disturbing statement that, in accordance with his opinion, asylum claims “pertaining to domestic violence” should “generally” no longer be approved. Despite the Attorney General’s reversal of A-R-C-G-, domestic violence survivors who meet the legal requirements for asylum must still be provided a fair opportunity to present their individual claims. Sign up for Matter of A-B- Webinar or Recording. They mentioned at AILA that a practice advisory is on the way.

 

The past 72 hours in outrage over Trump’s immigrant family separation policy, explained

Vox: The Trump administration’s policy of separating children from their parents who seek asylum in the United States by crossing the border illegally has sparked outrage across the country — and it reached a fever pitch over the weekend. We got a glimpse of the cages kids are being kept in, read heart-wrenching stories of families being separated, and watched the Trump camp try to toss the political football of culpability to others. President Trump tweeted Monday morning that the situation is Democrats’ fault for being “weak and ineffective” with border security and crime and said it’s time to “change the laws.”

 

What’s happening on immigration in Congress this week? A day-by-day guide

WaPo: Monday afternoon: Trump meets with two key Republican senators on how to fund his border wall…Tuesday night: Trump meets with House Republicans to talk about their immigration bills…Later this week: The House votes on the two GOP-immigration bills. It’s unclear whether either will have the votes to pass…Also sometime this week: Senate Democrats are trying to build support for their bill to end family separations.

 

Immigration takes center stage at sheriff’s conference

USA Today: Law enforcement officials from across the country are in New Orleans for the National Sheriff’s Association conference. Members of President Trump’s administration are kicking off the event, speaking about illegal immigration and strategies to fight it. Attorney General Jeff Sessions, Secretary of Homeland Security Kirstjen Nielsen, and House Majority Whip Rep. Steve Scalise will all speak.

 

Trump Attacks Germany’s Refugee Policy, Saying U.S. Must Avoid Europe’s Immigration Problems

NYT: In a series of Twitter posts, Mr. Trump falsely claimed that crime in Germany is on the rise, and railed against immigration policies in Europe… Germany’s government is on precarious political footing as disputes grow about Chancellor Angela Merkel’s open-door refugee policy for those seeking asylum.

 

US immigration: Five die after high-speed chase by border agents

BBC: The chase began after agents attempted to stop three vehicles about 90 miles (145km) north of the Mexican border. One of the drivers attempted to flee the scene and was chased by agents, US Border Patrol said in a statement. A local police officer who was part of the chase later attempted to force the car to stop, the statement said.

 

TRAC Finds ICE Apprehensions Are Half the Levels of Five Years Ago

TRAC reports, while ICE administrative arrests are up compared to final two years of Obama administration, these “interior” apprehensions are half the levels of five years ago when Secure Communities held sway. ICE apprehensions appear to have stabilized after an initial jump under President Trump. AILA Doc. No. 18061330

 

Veterans for American Ideals World Refugee Day video

Vets: In honor of World Refugee Day (June 20th), Veterans for American Ideals put together a video of veterans speaking about why they celebrate, support and welcome refugees.

 

Removing the Goal Posts: Manipulation of ‘Country Information’ and Public Law

AUSPUBLAW: The most recent version of the reports is markedly different from previous editions. Crucial information about human rights issues has been omitted or selectively edited, including in relation to countries that produce a large share of asylum seekers in the United States. The amendments are not just significant for asylum seekers in America; they reflect a broader shift in priorities and focus that will affect their use in other nations.

 

As Ramadan Ends, Religious Rights Abuses Emerge at Immigrant Detention Center

AIC: despite the First Amendment’s protection of the right to practice one’s religion of choice, reports have surfaced of abuses against Muslim detainees attempting to participate in the holy month at the Glades County Detention Center in Florida.

 

One Woman Who Knew Her Rights Forced Border Patrol Off a Greyhound Bus

ACLU: According to a description she posted on Facebook, she stood up and loudly said, “This is a violation of your Fourth Amendment rights. You don’t have to show them *shit*!!!” She then used Google Translate to repeat her message in Spanish, reassuring the Spanish-speaking woman sitting beside her and probably countless other fellow passengers.

 

ICE agents have been resorting to deceptions that go way beyond just identifying as ‘police.’

DailyBeast: Internal training materials the agency released through Freedom of Information Act requests refer to the use of ruses.… Both this handbook and guidance memos it draws on stipulate that “a ruse involving the impersonation of a federal, state, local, or private-sector employee is contingent on permission from the proposed cover employer.”  It’s unclear whether this is currently ICE policy, but it appears no permission has been sought in New York.

 

US launches bid to find citizenship cheaters

AP: U.S. Citizenship and Immigration Services Director L. Francis Cissna told The Associated Press in an interview that his agency is hiring several dozen lawyers and immigration officers to review cases of immigrants who were ordered deported and are suspected of using fake identities to later get green cards and citizenship through naturalization.

 

I-130 Arrests

MakeTheRoad: We consulted with a person whose spouse was arrested at 26 Federal Plaza at their I-130 interview in late April pursuant to an old in absentia order. According to her, the officer said that this was due to a policy that had changed three weeks prior, and that they were detaining him because a motion to reopen his removal proceedings was not already pending. See also: Queens man, a father of two, facing deportation to China after arrest at immigration interview.

 

Advance Parole Denials

CIL: Members filing an Application for Advance Parole(Form I131) on behalf of applicants whose last entry to the United States was without inspection should be on alert that we have received several reports of recent denial of these applications by USCIS based on 8 CFR 223.2 discretionary grounds. The full language of the denial states as follows: ‘A review of the submitted Form I-131 application reveals that it could not be established that your last entry into the United States was done by means of inspection and subsequent admittance or parole. Entry in to the United States by means of advance parole facilitates the circumvention of provisions of the Immigration and Nationality Act in certain situations. These situations include instances when an individual’s previous entry into the United States was not performed by inspection. USCIS has an interest in not facilitating the circumvention of immigration laws. This interest exists regardless of the actual intent of a particular applicant. Therefore, as a matter of discretion, the submitted Form I-131 application is denied and an Advanced Parole Document will not be issued.’”

 

EOIR at AILA

AILA: 100 new IJs in the pipeline – possible appropriation of 100 more.  IJs are being advised to issue shorter oral decisions. Sounds like EOIR has cancelled all local liaison meetings. Court wifi, e-filing (with automated service on ICE), and electronic review of ROPs coming in 2019-ish.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Updates from SCOTUS today (CIL)

  • No decision in Pereira v. Sessions, still waiting;
  • Court denied cert in Garcia Garcia v. Sessions, leaving in place a First Circuit decision holding that people with reinstated orders of removal proceedings in withholding-only proceedings are not eligible for asylum.
  • Cert was also denied in a Third Circuit case, Cazun v. Sessions, Matthew Archambault’s case on the question of whether or not an alien subject to a reinstated removal order may apply for asylum, and a Seventh Circuit case, [Cirilo] Garcia Garcia v. Sessions, on the same issue.
  • Cert also denied in 17-1433, Elinzano-Gonzales, Maria J. V. Sessions, Att’ y Gen. (2d Cir. case about a denial of a MTR for changed circumstances).

 

3rd Cir. Rules in Favor of Berks Kids on Habeas (attached)

“Because we conclude that the INA prohibits our review just as it did in Castro, we are now confronted with a matter of first impression among the Courts of Appeals: Does the

jurisdiction-stripping provision of the INA operate as an unconstitutional suspension of the writ of habeas corpus as applied to SIJ designees seeking judicial review of orders of

expedited removal? We conclude that it does.”

 

Attorney General Narrows Criteria for Asylum Seekers

In a case he referred to himself, Attorney General Jeff Sessions narrowed the criteria for demonstrating membership in a particular social group and overruled Matter of A-R-C–G. Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) AILA Doc. No. 18061133

 

EOIR Memo on Definitions and Use of Adjournment, Call-Up, and Case Identification Codes

On 6/8/18, EOIR issued Operating Policies and Procedure Memorandum (OPPM) 18-02, Definitions and Use of Adjournment, Call-up, and Case Identification Codes, which sets forth updated codes used to track the case hearing process, is effective immediately, and rescinds OPPM 17-02. AILA Doc. No. 18061290

 

USCIS Update to Form I-797 Receipt Notices for Form I-751 and Form I-829

USCIS announced that as of 6/11/18, petitioners who file Form I-751 or Form I-829 will receive a Form I-797 receipt notice that can be used as evidence of continued status for 18 months past the expiration date on their permanent resident card when presented with the expired card. AILA Doc. No. 18061234

 

USCIS Provides Data on DACA Requestors with IDENT Response for Arrests or Apprehensions

USCIS provided data from 2012 to 2018 on DACA requestors who received an Automated Biometric Identification System (IDENT) response due to arrests or apprehensions for criminal or immigration-related offenses, broken down by type and number of offenses and whether application was approved or denied. AILA Doc. No. 18061800

 

DHS Northern Border Strategy

On 6/12/18, DHS published its Northern Border Strategy which aims to enhance border security operations, facilitate and safeguard lawful trade and travel, and promote cross-border resilience and supersedes the strategy released in June 2012. AILA Doc. No. 18061232

 

ACTIONS

 

  • Standby Guardianship Bill– NYLAG: We only have two days left to act to get the expansion of the Standby Guardianship law passed to help immigrant parents before the session ends. The legislation has already passed the New York State Assembly and just needs to pass the State Senate to make it to the Governor’s desk. Recently the bill has picked up two more sponsors in the Senate. Please call them and thank them for their support of “Senate Bill S6217A – Which enables the appointment of a standby guardian due to administrative separation.” Also let them know how important it is to you to have the Senate vote on the legislation before session ends. Contact information for the new sponsors is below. Senator James Sanders (  Rockaway) ALBANY OFFICE Phone: 518-455-3531, DISTRICT OFFICE Phone: 718-523-3069. Senator Simcha Felder (parts of Brooklyn), ALBANY OFFICE Phone: (518) 455-2754, DISTRICT OFFICE Phone: (718) 253-2015.
  • HRW: Failures to Refer: fill out this formif you’ve had a client who CBP improperly classified as not having a fear of return. This includes asylum seekers who did not express a fear due to intimidation, language access, fear of authority, etc. Please feel free to share this request widely.
  • AILA: Call for Examples: Experiences with Waivers for Individuals Impacted by Travel Ban
  • AILA: Call for Examples: Revocation of I-601A Approvals Based on a Public Charge Finding
  • Advocacy Made Easy: Engaging with Congress: AILA chapters and members are encouraged to use this resource to engage with legislators, local newspapers, and social media on the importance of supporting and passing the bipartisan, bicameral Dream Act (S. 1615/H.R. 3440) to protect Dreamers from deportation. AILA Doc. No. 15072403

o   Five Easy Steps to Prepare for Your Lobby Visit

o   Tips for Making the Most of a Congressional Town Hall

 

RESOURCES

 

 

EVENTS

 

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Lots going on. Thanks, Elizabeth for your amazing work in keeping everyone informed and connected!

PWS

06-18-18

 

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