THE GIBSON REPORT – 11-05-18 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Trump pledges asylum crackdown, tent cities; is it legal?

AP: President Donald Trump said Thursday he plans to sign an order [this] week that could lead to the large-scale detention of migrants crossing the southern border and bar anyone caught crossing illegally from claiming asylum — two legally dubious proposals that mark his latest election-season barrage against illegal immigration. Trump also said he had told the U.S. military mobilizing at the southwest border that if U.S. troops face rock-throwing migrants, they should react as though the rocks were “rifles.”

 

The 14th Amendment And The History Of Birthright Citizenship In The U.S.

NPR: [M]ost constitutional scholars argue that an executive order like the one President Trump is proposing would violate the 14th Amendment. This is an amendment that was ratified after the Civil War in 1868. And it nullified an earlier Supreme Court decision that held descendants of slaves could not be citizens. See also: Ending Birthright Citizenship Could Put All Americans’ Nationality in Jeopardy.

 

ICE moves to silence detention center volunteer visitors

SD Union-Trib: Immigration officials stopped allowing a volunteer group to visit people at a local detention facility unless its members agreed not to talk with the press or other groups about conditions inside.

 

Warehousing Immigrant Children in the Texas Desert

ACLU: Since June, the federal government has been operating a massive tent city in the West Texas desert to detain immigrant children who have traveled to the United States seeking protection from persecution and abuse in their home countries.

 

The midterms’ closing arguments: Immigration, fear, stars and emotional appeals

WaPo: At rallies over the weekend, Trump continued to talk about his hard-line effort to keeps immigrants from entering the country illegally.

 

Fox and NBC to stop airing Trump immigrant ad deemed racist

ABC: NBC and Fox News Channel both said Monday that they will stop airing President Donald Trump’s campaign advertisement that featured an immigrant convicted of murder. CNN had rejected the same ad, declaring it racist.

 

Video of ICE courthouse arrest

IDP: Yesterday, three plain-clothes ICE agents violently arrested a man before his court appearance in Queens, with three NY State court officers present, as the man pleaded “Why are you doing this?!” ICE never identified themselves. IDP obtained video. This past month alone there has been an uptick of 23 incidents of ICE courthouse operations in NY State.

 

Census Citizenship Question Triggers Legal and Political Fallout

MPI: As the timeline for launching the 2020 decennial census approaches fast, legal and political controversy surrounds the Trump administration’s inclusion of a question on citizenship status. The question, which was dropped after the 1950 census, was reinstated on March 26, 2018 by U.S. Commerce Secretary Wilbur Ross, whose department oversees the U.S. Census Bureau.

 

New Study Finds Immigrants Pay More in Private Insurance Premiums Than They Receive In Benefits

AcademyHealth: In the first study to look at immigrants’ role in financing private health insurance, findings contradict assertions that people born in the US are systematically subsidizing the medical care of immigrants.

 

LITIGATION/CASELAW/RULES/MEMOS

 

BIA publishes Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018)

Where the evidence regarding an application for protection under the Convention Against Torture … plausibly establishes that abusive or squalid conditions in pretrial detention facilities, prisons, or mental health institutions in the country of removal are the result of neglect, a lack of resources, or insufficient training and education, rather than a specific intent to cause severe pain and suffering, an Immigration Judge’s finding that the applicant did not establish a sufficient likelihood that he or she will experience “torture” in these settings is not clearly erroneous

 

DHS Notice on Compliance with Preliminary Injunction Regarding TPS

DHS notice announcing the logistical actions it will take to ensure compliance with the preliminary injunction in Ramos v. Nielsen, which prohibits the termination of TPS for Sudan, Nicaragua, Haiti, and El Salvador while the injunction remains in effect. (83 FR 54764, 10/31/18) AILA Doc. No. 18103160

 

USCIS Announces Phased Elimination of Self-Scheduled InfoPass Appointments

USCIS announced the elimination of self-scheduling InfoPass appointments to the Detroit Field Office and five offices in the Los Angeles District on 11/13/18. USCIS anticipates expanding to all field offices by the end of FY2019. AILA Doc. No. 18103031

 

Presidential Determination on Refugee Admissions for FY2019

Presidential determination on refugee admissions for FY2019, stating that the admission of up to 30,000 refugees shall be allowed and providing regional ceilings. (83 FR 55091, 11/1/18) AILA Doc. No. 18100430

 

President Trump Delivers Remarks on Illegal Immigration and Border Security

President Trump delivered remarks in reaction to illegal immigration and a caravan of asylum seekers traveling from Central America to the southwest U.S./Mexico border. AILA Doc. No. 18110202

 

White House Issues Fact Sheet About the Border

White House Issues Fact Sheet on U.S. Asylum Laws

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, November 5, 2018

Sunday, November 4, 2018

Saturday, November 3, 2018

Friday, November 2, 2018

Thursday, November 1, 2018

Wednesday, October 31, 2018

Tuesday, October 30, 2018

Monday, October 29, 2018

 

AILA NEWS UPDATE

 

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

 

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Thanks, Elizabeth.

PWs

11-10-18

 

 

 

 

 

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