THE GIBSON REPORT – 10-15-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

TOP UPDATES

 

Argument analysis: Are there limits to the government’s power to detain immigrants without a hearing?

SCOTUSblog: On Wednesday, the Supreme Court heard oral argument in the case of Nielsen v. Preap… Although retired Justice Anthony Kennedy voted against the government in Pereira and might therefore have been expected to do the same here, his replacement by Kavanaugh may not determine the outcome in this case. Both Chief Justice John Roberts and Justice Neil Gorsuch also came down on the side of the immigrant in Pereira. It is not yet clear where those two justices stand on this case.

 

‘Trump … blinked, Seattle won,’ Durkan says as police get federal funds despite ‘sanctuary city’ threats

Seattle Times: The Trump administration, after threatening to withhold funds for Seattle in retaliation for the city’s immigration policies, has agreed to hand over the money, according to Mayor Jenny Durkan and City Attorney Pete Holmes. Seattle and nearby jurisdictions have been approved for $657,975 in Justice Assistance Grant funds, the U.S. Department of Justice said in an Oct. 10 letter to the city.

 

I’m Terrified About The Future of Home Health Care Aides – You Should Be Too

ImmProf: One-in-four of all home health aides nationwide are immigrants, according to Forbes. But the new “public charge” regs may affect the ability of noncitizen aides to continue in this line of work. Why? Because the pay is so low for this type of care, many aides rely on public supports like food stamps and Medicare.

 

Trump says he is considering a new family separation policy at U.S.-Mexico border

WaPo: Trump said the soaring number of illegal border crossings is “a terrible situation” and argued that family separations likely would help scare away some undocumented migrants from trying to enter the United States.

 

Immigrant Teens Are Stuck In An Expanding Tent City In Texas

BuzzFeed: It opened in June, and the contractor running the site had a 30-day contract. At that time, 326 children were being housed there. But four months after its opening, the shelter 30 miles outside of El Paso has grown into a bustling town. It now holds nearly five times its initial population — roughly 1,500 teens — and its contract has been extended until at least Dec. 31.

 

The US Is Checking Immigrant Kids’ Teeth To See If They Actually Belong In Adult Detention

VICE: Young immigrants, though, don’t always come with birth certificates or other documentation of their age. When that’s the case, ORR contractors and ICE sometimes turn to a highly disputed science to determine how old the immigrants are: forensic odontology.

 

Profiling Who ICE Detains – Few Committed Any Crime

TRAC: The vast majority (58%) of individuals in ICE custody June 30 had no criminal record. An even larger proportion—four out of five—either had no record, or had only committed a minor offense such as a traffic violation

 

New American Fortune 500 in 2018: The Entrepreneurial Legacy of Immigrants and Their Children

NAE: We find 44 percent—or 219 companies—in the Fortune 500 were founded by immigrants or their children. A full 100, or one out of every five, were founded by foreign-born individuals while another 119 were founded by the children of immigrants.

 

Army expelled 500 immigrant recruits in 1 year

AP: Over the course of 12 months, the U.S. Army discharged more than 500 immigrant enlistees who were recruited across the globe for their language or medical skills and promised a fast track to citizenship in exchange for their service, The Associated Press has found.

 

G.O.P. Finds an Unexpectedly Potent Line of Attack: Immigration

NYT: “Sanctuary attacks pack a punch,” says a four-page memorandum, prepared by the liberal Center for American Progress and the centrist think tank Third Way, that has been shared at about a dozen briefings for Democrats in recent weeks. The New York Times obtained a copy of the memo, whose findings are based on interviews and surveys conducted over the summer.

 

Challenging the Constitutionality (or Legality) of Stipulated Removal Orders Issued Between 1997 and 2012 in Reinstatement and 8 U.S.C. §1326 Cases

Sharma-Crawford: [S]tarting at least as early as 1997, as part of a mass scheme to remove individuals from the United States quickly and without due process protections, the federal government duped and coerced individuals into waiving their rights and agreeing to accept stipulated removal orders…In one particular jurisdiction – Kansas City, Missouri – immigration officials, with the assistance of one nonprofit attorney from Legal Aid, engaged in a scheme to help DHS obtain thousands of removal orders with “no advocacy…[and]…no opposition to the government’s action to deport these individuals.”

LITIGATION/CASELAW/RULES/MEMOS

 

Class Notice and Proposed Settlement Agreement Regarding Immigration Procedures for Families Separated at the Border

Attached are copies of the class notice and proposed agreement to settle several lawsuits concerning the appropriate immigration procedures for migrant families separated after entering the United States: M.M.M. v. Sessions, Case No. 3:18-cv-1832-DMS (S.D. Cal.), M.M.M. v. Sessions, Case No. 1:18-cv-1835-PLF (D.D.C.), Ms. L. v. ICE, Case No. 3:18-cv-428-DMS (S.D. Cal.), and Dora v. Sessions, Case No. 18-cv-1938 (D.D.C.).  Judge Dana Sabraw of the Southern District of California preliminarily approved the proposed settlement agreement on October 9, 2018.  The agreement covers a class of parents and a class of children, as described more fully attached.

 

USCIS Notice of Proposed Rulemaking on Public Charge Ground of Inadmissibility

USCIS notice of proposed rulemaking to revise the regulations on the public charge ground of inadmissibility to define the term “public charge” and define the types of benefits that are considered in public charge inadmissibility determinations. Comments are due 12/10/18. (83 FR 51114, 10/10/18) AILA Doc. No. 18092430

 

BIA Holds That New York Statute Is Not a Controlled Substance Offense or Aggravated Felony

Unpublished BIA decision holds that criminal sale of a controlled substance in the fifth degree under N.Y.P.L 220.31 is not a controlled substance offense or aggravated felony under Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017). Special thanks to IRAC. (Matter of Diaz Vargas, 9/29/17)

AILA Doc. No. 18101200

 

BIA Reopens and Terminates Multiple Sets of Removal Proceedings

Unpublished BIA decision reopens and terminates two sets of proceedings sua sponte upon finding that carrying a weapon in a motor vehicle under Conn. Gen. Stat. 29-38 was neither a firearms offense nor an aggravated felony. Special thanks to IRAC. (Matter of Thorpe, 9/29/17) AILA Doc. No. 18101038

 

BIA Finds Respondent Did Not Breach Bond Conditions

Unpublished BIA decision holds that respondent did not breach bond conditions by moving out of state where note in IJ decision indicated that he had to remain at the address where he intended to move after his release. Special thanks to IRAC. (Matter of S-S-, 9/15/17) AILA Doc. No. 18101040

 

BIA Rescinds In Absentia Order Because NTA Was Sent to Non-Attorney

Unpublished BIA decision rescinds in absentia order because Notice to Appear was sent to an immigration consultant provided on a prior TPS application. Special thanks to IRAC. (Matter of Ascencio Martinez, 9/20/17) AILA Doc. No. 18101134

 

The Attorney General has issued a decision in Matter of M-G-G-, 27 I&N Dec. 475  (A.G. 2018).

AG: The named respondent in the case has been removed to Guatemala pursuant to a final order of removal. Given that the respondent is no longer in the United States, I will not review the Board’s determination that the respondent was eligible to be released on bond.

 

The Attorney Decision has issued a decision in Matter of M-S-, 27 I&N Dec. 476  (A.G. 2018).

AG:  I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision…Whether Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), which held that immigration judges may hold bond hearings for certain aliens screened from expedited removal proceedings under section 235(b)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(1), into removal proceedings under section 240, 8 U.S.C. § 1229a, should be overruled in light of Jennings v. Rodriguez, 138 S. Ct. 830 (2018).

 

DHS Issues Waiver to Expedite Border Wall Gate Construction Project in Texas

DHS issued a waiver with the stated purpose of ensuring “the expeditious construction of gates in existing wall structure near the international border in the state of Texas.” The waiver was published in the Federal Register on 10/10/18. AILA Doc. No. 18101170

 

ICE Provides Information on Its Basic Immigration Enforcement Training Program

ICE provided information on its training program for deportation officers, stating that its 16 weeks long and includes background on removal proceedings and a 25-day Spanish language course. Graduation is mandatory before prospective deportation officers can enforce immigration laws. AILA Doc. No. 18101171

 

USCIS Issues Policy Alert on Marriage and Living in Marital Union Requirements for Naturalization

USCIS is updating policy guidance in the USCIS Policy Manual to clarify the married and living in marital union requirements for naturalization under INA §319(a). Updated guidance is effective immediately and comments are due by 10/25/18. AILA Doc. No. 18101230

 

 

RESOURCES

EVENTS

 

ImmProf

 

Monday, October 15, 2018

Sunday, October 14, 2018

Saturday, October 13, 2018

Friday, October 12, 2018

Thursday, October 11, 2018

Wednesday, October 10, 2018

Tuesday, October 9, 2018

Monday, October 8, 2018

 

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Thanks, Elizabeth!

 

PWS

10-16-18

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