THE GIBSON REPORT – 06-25-18 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT 06-25-18

TOP UPDATES

 

Decision Possible Today for Travel Ban Case

Watch SCOTUSblog’s live blog for news.

 

SCOTUS rejects agency interpretation of immigration statute, giving immigrant a chance at lawful residence

SCOTUSblog: Eight justices sided with Wescley Fonseca Pereira in his argument that a government-issued document notifying him of the government’s intention to initiate removal proceedings against him did not stop the clock on his continuous physical presence in the United States, leaving him eligible for potential relief from removal. [Note: The case also raised some interesting issues related to the scope of Chevron deference. In addition, practitioners are now debating best practices on motions to terminate where the NTA does not state a time and place, but TAs are trying to orally amend NTAs in court.]

 

Trump: Deport without Judges or Court Cases

CNN: President Donald Trump on Sunday called for the US to deport people without judicial proceedings, referred to an invasion by “these people” and railed against standing immigration laws.

 

President Trump Signs Executive Order on Family Separation

In an executive order titled “Affording Congress an Opportunity to Address Family Separation,” President Trump orders DHS to take measures to detain family units without separating children from parents and orders DOJ to file a request to modify the Flores settlement, among other things.

AILA Doc. No. 18062032

 

DOJ Seeks Modification of Flores Settlement

ImmProf: As expected, the Department of Justice has filed a request to modify the Flores settlement to permit family detention. This document from the Women’s Refugee Commission explains the settlement and the family separation crisis in more detail.

 

How asylum officers are being told to implement Sessions’s new rules

Vox: Last week, Attorney General Jeff Sessions issued a sweeping ruling that threatened to radically narrow the standards by which people fleeing domestic or gang violence could claim asylum in the US — or even be allowed to stay in the country to plead their case. But an internal memo sent to the people actually responsible for implementing Sessions’s ruling at the border, and obtained exclusively by Vox, indicates that Sessions’s revolution isn’t as radical as it seemed — at least not yet.

 

House Republicans worked all weekend but still not clear if the votes are there for immigration bill

CNN: House Republicans will push ahead this week with a vote on their own compromise immigration bill that still faces long odds in the chamber despite last-minute delays and a rush to make changes. Over the weekend, aides and members worked to see if they might be able to include a provision to expand E-verify, a program the US government uses to check the immigration status of workers, as well as a guest worker visa program. But, there was little evidence that the changes would be enough to get the bill passed.

 

Mass. ICE agents to reinstate in-office arrests

Boston Globe: Immigration officials in Massachusetts may once again arrest undocumented immigrants who show up for appointments at government offices, marking the reversal of a February directive that had halted the practice, according to a filing Friday in US District Court in Boston.

 

Podcast: How is immigration a women’s issue?

WP&E: Recent immigration policies have fostered a climate of fear among immigrants and their loved ones. A hardline stance against the undocumented, resulting in threats of detention, deportation and separation have impacts at the individual, community and institutional level with public health effects. How do these policies impact women and girls? Is immigration a women’s issue? In this episode, we brought together experts in law, immigration, and psychosocial care to discuss these issues and the impact.

 

LITIGATION/CASELAW/RULES/MEMOS

 

CA3 Finds SIJ Designees May Enforce Their Rights Under the Suspension Clause

The court found that the jurisdiction-stripping provides of the INA operates as an unconstitutional suspension of the writ of habeas corpus as applied to SIJ designees seeking judicial review of orders of expedited removal. (Osorio-Martinez v. Attorney General, 6/18/18) AILA Doc. No. 18062135

 

DOJ Files Lawsuit Challenging Three California Laws Relating to Immigration Enforcement

The Department of Justice filed a lawsuit challenging three California laws relating to immigration enforcement as violating the Supremacy Clause of the Constitution. (United States v. California, 3/6/18) AILA Doc. No. 18030700

 

DOJ Settles Immigration-Related Discrimination Claim Against Setpoint Systems Inc.

DOJ announced that it reached a settlement with Setpoint Systems, Inc., of Ogden, Utah, related to the company’s unlawful policy of hiring only U.S. citizens for professional positions and refusing to consider otherwise qualified noncitizen applicants. AILA Doc. No. 18061904

 

Supreme Court Rules That Notices Triggering Stop-Time Rule Must Include Time and Place

The Supreme Court held that a putative notice to appear that fails to designate the specific time or place of the noncitizen’s removal proceedings is not a “notice to appear under §1229(a),” and so does not trigger the stop-time rule. (Pereira v. Sessions, 6/20/18) AILA Doc. No. 18062132

 

CBP Releases Statement Concerning Facebook Post About Border Patrol Transportation Check

CBP published a statement regarding a post on Facebook about a Border Patrol transportation check near the Nevada-California state line. The agency claims the events in the post are false and “strongly rebuts” an ACLU blog post about it. AILA Doc. No. 18061901

 

Various Statements Over The Past Week, Many Now Outdated

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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As always, thanks, Elizabeth!

 

PWS

06-25-18

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