THE GIBSON REPORT 12-17-18 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT 12-17-18 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

 

TOP UPDATES

 

ICE arrested 170 immigrants seeking to sponsor migrant children

NBC: Nearly two thirds of those arrested — 109 in total — had no criminal record…The arrests follow a move by President Donald Trump’s administration earlier this year that allowed immigration authorities to examine the criminal background and legal status of anyone who steps forward to sponsor unaccompanied migrant children — usually parents or close relatives already in the U.S. — as well as any other adults living in their home.

 

7-year-old migrant girl taken into Border Patrol custody dies of dehydration, exhaustion

WaPo: According to CBP records, the girl and her father were taken into custody about 10 p.m. Dec. 6 south of Lordsburg, N.M., as part of a group of 163 people who approached U.S. agents to turn themselves in. More than eight hours later, the child began having seizures at 6:25 a.m., CBP records show. Emergency responders, who arrived soon after, measured her body temperature at 105.7 degrees, and according to a statement from CBP, she “reportedly had not eaten or consumed water for several days.” See also NYT: Father of Migrant Girl Who Died in U.S. Custody Disputes Border Patrol Account

 

Stephen Miller says Trump is “absolutely” willing to shut down the government over border wall funding

Vox: Miller’s comments come after a very tense, very public week of funding negotiations: A televised White House meeting between Trump, incoming House Majority Leader Nancy Pelosi, and Senate Minority Leader Chuck Schumer Tuesday ended with the president saying he would be “proud” to shut down the government over their refusal to allocate $5 billion in wall funding (the total cost of the wall ranges from $20 billion to $70 billion).

 

Immigration Arrests and Deportations Are Rising, I.C.E. Data Show

NYT: Immigration and Customs Enforcement said it arrested about 59,000 foreigners during the 2018 fiscal year that ended Sept. 30, an increase of 11 percent from the previous year.

 

Asylum Claims Jump Despite Trump’s Attempt to Limit Immigration

NYT: Nearly 93,000 asylum seekers who crossed the border illegally or turned themselves in at official ports of entry in 2018 cited a credible fear of being targeted because of their race, religion, nationality, political opinions or social group. That is up from nearly 56,000 migrants who asked for asylum last year because they feared returning home, the data shows. See also HRF: CBP’s Figures on Credible Fear Claims – Out of Context

and Inaccurate.

 

Trump Moves to Deport Vietnam War Refugees

Atlantic: In essence, the administration has now decided that Vietnamese immigrants who arrived in the country before the establishment of diplomatic ties between the United States and Vietnam are subject to standard immigration law—meaning they are all eligible for deportation.

 

Federal Prosecution Levels Remain at Historic Highs

TRAC: The latest available data from the Justice Department show that during October 2018 the government reported 18,135 new prosecutions, an increase of 6.7 percent over the previous month, and 57.3 percent over this period last year[1]. The increase in federal criminal prosecutions is largely driven by a rise in immigration-related prosecutions beginning in March 2018. Nearly 70 percent of all criminal prosecutions in federal courts in October 2018 were immigration-related.

 

Trump “public charge” plan gets over 200,000 comments

Vox: While most of the comments haven’t yet been publicly posted online, it’s fair to say that most of the activity around the proposal has come from outraged immigrant-rights and economic-justice groups — as well as medical associations deeply concerned about the potential for families to forego necessary health services for fear of jeopardizing their immigration status.

 

Are there really 600 criminals in the migrant caravan at the border?

NBC: Kirstjen Nielsen said 600 immigrants in the caravan are criminal. NBC News has learned most of those charges are for entering the U.S. illegally or DUIs.

 

Use Of Video Technology Surges In Immigration Courts

WNYC: Immigration courts are increasingly relying on video technology during President Trump’s administration, with more than 9 percent of all hearings conducted by video teleconferencing in fiscal year 2018, according to data obtained by WNYC. The government considers video more efficient, but immigration lawyers believe it can put their clients at a disadvantage.

 

LITIGATION/CASELAW/RULES/MEMOS

Government asks justices to intervene on asylum ban

SCOTUSblog: [T]oday the federal government went to the Supreme Court, asking the justices to put Tigar’s order on hold while it appeals the ruling to the U.S. Court of Appeals for the 9th Circuit – and, if necessary, the Supreme Court.

 

CA9 Denies Government’s Motion for Stay of Restraining Order Enjoining Interim Final Rule on Asylum Claims

The court denied the government’s motion for a stay of the district court’s temporary restraining order enjoining the government from implementing the 11/9/18 interim final rule on asylum claims along the southern border. (East Bay Sanctuary Covenant v. Trump, 12/7/18) AILA Doc. No. 18121000

 

DHS OIG Issues Management Alert Stating that CBP Needs to Address Serious Performance Issues

DHS OIG issued a management alert on the Accenture hiring contract, stating that as of 10/1/18, CBP has paid Accenture approximately $13.6 million for startup costs, security requirements, recruiting, and applicant support. In return, Accenture has processed two accepted job offers. AILA Doc. No. 18121100

 

ICE Announces Surge in Worksite Enforcement Investigations in FY2018

ICE announced that during FY2018, worksite investigations, I-9 audits, and administrative worksite-related arrests surged between 300 to 750% over FY2017. HSI’s worksite enforcement strategy focuses on criminal prosecution of employers who knowingly break the law and use of I-9 audits/civil fines. AILA Doc. No. 18121138

 

USCIS Releases Information on Rosario v. USCIS Class Action

USCIS released information on the Rosario v. USCIS class action lawsuit, including who is a Rosario class member. AILA Doc. No. 18121038

 

USCIS Issued Policy Memo on Revised Interview Waiver Guidance for Form I-751

USCIS issued a policy memo that provides guidance to USCIS officers on waiving the interview requirement for Form I-751, Petition to Removal Conditions on Residence. The memo goes into effect on 12/10/18 and applies to all Form I-751 petitions received on or after 12/10/18. AILA Doc. No. 18121035

 

USCIS Issued a Policy Memo on Sufficiency of Medical Certification for Disability Exceptions (Form N-648)

USCIS issued policy guidance in the USCIS Policy Manual to update and clarify filing procedures and adjudications on the Medical Certification for Disability Exceptions (Form N-648). Comments are due 12/27/18. Guidance is effective on 2/12/19. AILA Doc. No. 18121234

 

USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form G-639

Proposed changes appear to focus on collecting additional information relating to requestors and instructions for paying processing fees.

 

EOIR and USCIS Release Information on the 180-Day Asylum EAD Clock

EOIR and USCIS released information on the 180-day Asylum EAD clock, including what starts and stops the clock, what to do if there is an erroring the calculation of time, and what to do if there is an error in the adjudication of the Form I-765. AILA Doc. No. 18121040

 

RESOURCES

 

EVENTS

 

ImmProf

 

Monday, December 17, 2018

Sunday, December 16, 2018

Friday, December 14, 2018

Thursday, December 13, 2018

Wednesday, December 12, 2018

Tuesday, December 11, 2018

Monday, December 10, 2018

 

AILA NEWS UPDATE

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

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Wonder why the Administration’s immigration enforcement policy is ineffective, totally screwed up, and constantly losing in the real (Article III) Courts (where DOJ throws contemptuous “zingers” at life-tenured Article III Judges, but actually can’t convince them to buy their often disingenuous legal arguments)? Look no further than the idiotic rantings of Stephen “Hairboy” Miller linked above.  Why would they let this lunatic loose on national TV?

Thanks, Elizabeth, for all you do!

PWS

12-19-18

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