THE GIBSON REPORT – 09-24-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT — 09-24-18

TOP UPDATES

Public charge proposed rule

DHS: “DHS Announces New Proposed Immigration Rule to Enforce Long-Standing Law that Promotes Self-Sufficiency and Protects American Taxpayers.” See also CLINIC: USCIS Proposes Vast Changes to Public Charge Definition

ICE arrested undocumented immigrants who came forward to take in undocumented children

CNN: On Tuesday, Immigration and Customs Enforcement senior official Matthew Albence testified to Congress that, after Health and Human Services and ICE signed a memorandum of agreement to background-check and fingerprint potential “sponsors” of immigrant children, ICE arrested 41 people who came forward.

Sessions Limits U.S. Judges’ Ability to Dismiss Deportation Cases

Reuters reports on the Attorney General’s (AG) decision in Matter of S-O-G- & F-D-B-. AILA Associate Director of Government Relations Kate Voigt called it part of “a concerted effort by the AG to undermine judicial independence and to minimize the role of judges in immigration court.” AILA Doc. No. 18092001. See also Jeff Sessions’ Latest Immigration Opinion Is Another Blow to the Independence of Immigration Judges, the Judges Union Said

Trump Administration Justifies Lowest Refugee Admission Target Ever, Arguing That America’s Generosity Remains Boundless

AIC: Secretary of State Mike Pompeo announced Monday the Trump administration’s intention to limit refugee admissions to 30,000 people in Fiscal Year 2019. The administration argued that refugee admissions and asylum grants must be considered together when measuring “America’s generosity.”

Sessions Decision Could Eliminate Bond for Arriving Refugee Families

HRF: Human Rights First today condemned Attorney General Jeff Session’s decision to refer to himself a Board of Immigration Appeals decision in Matter of M-G-G-, a move that will likely lead to thousands of refugee families languishing indefinitely in detention. Sessions can now issue a ruling that would attempt to block individuals, including those seeking protection, from having an immigration judge assess their cases for potential release from detention.

More Communities Say They Won’t Jail Immigrants for ICE

AIC: A growing number of communities are reevaluating their role in detaining immigrants on behalf of U.S. Immigration and Customs Enforcement. Many are voting to no longer detain immigrants in their local jails.

New Census Data Show Immigrants Complement Natives in the US Workforce

AIC: New data from the Census Bureau’s American Community Survey (ACS), illustrates how immigrants add value to the economy through their participation in the workforce.

 

Immigration Policies Weigh on Indian Workers Seeking Green Cards

Bloomberg reports that hundreds of thousands of immigrants may lose their temporary work visas while waiting for green cards. AILA First Vice President Jennifer Minear said, “a whole puzzle with multiple pieces” created the situation, including a decades-long backlog and new USCIS policies. AILA Doc. No. 18092139

 

FOIA Response Details Guidance on Processing of Travel Ban Waivers

In response to a FOIA request made by the International Refugee Assistance Project (IRAP), the Department of State provides guidance distributed to consular officers dated 1/23/18 concerning the processing of waivers under Presidential Proclamation 9645, also known as “Travel Ban 3.0”. AILA Doc. No. 18092140

 

Updates on New Judges’ Dockets

  • Judge Brian Palmer will be taking over the docket of retired Judge McManus
  • Judge Sam Factor will be taking over the docket of retired Judge Sandy Hom (not to be confused with new Judge Howard Hom)
  • Judge Oshea Spencer will be hearing cases previously on a VJ docket. Notices are being sent.
  • In addition, some of Judge Vomacka’s 2019-2021 cases have been distributed to incoming IJs. The dates and times of these will remain the same. I would suggest attorneys with hearings scheduled before Judge Vomacka periodically check the 1-800 number to verify a new IJ has been assigned.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)

(1)  Consistent with Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), immigration judges have no inherent authority to terminate or dismiss removal proceedings.

(2)  Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see 8 C.F.R. § 1239.2(c), (f), or where the Department of Homeland Security fails to sustain the charges of removability against a respondent, see 8 C.F.R. § 1240.12(c).

(3)  An immigration judge’s general authority to “take any other action consistent with applicable law and regulations as may be appropriate,” 8 C.F.R. § 1240.1(a)(1)(iv), does not provide any additional authority to terminate or dismiss removal proceedings beyond those authorities expressly set out in the relevant regulations.

(4)  To avoid confusion, immigration judges and the Board should recognize and maintain the distinction between a dismissal under 8 C.F.R. § 1239.2(c) and a termination under 8 C.F.R. § 1239.2(f).

 

EOIR Releases Internal Guidance on Pereira v. Sessions

Obtained via FOIA by Hoppock Law Firm, EOIR released internal Pereira v. Sessions implementation guidance sent on 7/11/18 from Principal Deputy Chief Immigration Judge, Christopher A. Santoro, to all immigration courts. Special thanks to Matthew Hoppock. AILA Doc. No. 18091849

 

Flores

 

DHS Issues Statement on August 2018 Border Numbers

DHS issued statement on the August 2018 border numbers, stating that “While the overall numbers are consistent with an expected seasonal increase, the number of family units along the Southwest border increased 38 percent – 3,500 more than July and the highest August on record.” AILA Doc. No. 18091851

 

HHS Notice of Intent to Fund Additional Beds to Keep Unaccompanied Minors in Custody

HHS (Department of Health and Human Services) notice of intent to provide additional funds for up to 3,800 beds to keep unaccompanied minors in custody. (83 FR 47176, 9/18/18) AILA Doc. No. 18091832

 

USCIS Publishes Revised Form G-28 and Extends Grace Period for Prior Versions

USCIS published a revised version of Form G-28, with an edition date of 09/17/18. This revised version removes the geographic requirement for sending an original notice to a U.S. address for attorneys and representatives. USCIS extended the grace period for prior versions of G-28s until 11/19/18. AILA Doc. No. 18091734

 

RESOURCES

EVENTS

 

ImmProf

 

Sunday, September 23, 2018

Saturday, September 22, 2018

Friday, September 21, 2018

Thursday, September 20, 2018

Wednesday, September 19, 2018

Tuesday, September 18, 2018

Monday, September 17, 2018

Sunday, September 16, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

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PWS

09-26-18