THE GIBSON REPORT — 04-18-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

 

 

THE GIBSON REPORT — 04-18-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

 

TOP UPDATES

 

Trump White House plots amped-up immigration crackdown

Politico: President Donald Trump’s dramatic purge of Homeland Security leaders is about more than personnel: It helps clear the way for him to take controversial new steps to curb illegal immigration, including an updated version of his furiously criticized family separation policy. See also White House eyeing former head of anti-immigration group for DHS job.

 

Trump’s new attorney general launches fresh changes to immigration courts

SF Chron: The Justice Department is on the verge of issuing rule changes that would make it easier for a handful of appellate immigration judges to declare their rulings binding on the entire immigration system, The Chronicle has learned. The changes could also expand the use of single-judge, cursory decisions at the appellate level — all at the same time as a hiring spree that could reshape the court.

 

Claiming Asylum Could Be Harder For LGBTQ People After The Latest Immigration Policy Change

Bustle: There’s now a plan for Border Patrol agents to take a larger role in the asylum process — something that not only migrant advocates but LGBTQ experts take issue with, too, ThinkProgress reported.

 

Democrats take aim at Miller as questions persist about ‘sanctuary city’ targeting

WaPo: The talk of hauling Miller before lawmakers comes days after The Washington Post reported that he played a key role in a plan first discussed last year to release undocumented immigrants into “sanctuary cities” represented by President Trump’s Democratic critics. While the plan never came to fruition because of objections from agency officials, Trump has since embraced the idea.

 

Trump Officials Are Seeking To Double The Time Asylum-Seekers Must Wait To Legally Work

Buzzfeed: The administration is proposing a dramatic increase in the time before an asylum-seeker would become eligible to receive a work permit — from 180 days to 365 days.

 

Trump Is Still Separating Families in Possible Violation of a Court Order

Slate: The Trump administration claims it now only separates families when parents have serious criminal histories, when parents or children have medical issues, or when officials determine that the parent poses a danger to the child. But the administration is apparently interpreting “serious criminal history” to mean the parent has tried to enter the U.S. before. See also: Family Separation Has Scarred These Kids For Life.

 

The US is spending $37 million on two new tent cities for detained immigrant children and families

QZ: CBP is now expanding its capacity to take custody of even more people, spending as much as $37 million over the next eight months to build two new tent cities for children and families detained in Texas, according to a newly-issued federal contracting notice reviewed by Quartz.

 

Reflections on a 40-Year Career as an Immigration Lawyer and Judge

CMS: I know I am not alone in feeling the weight that this constellation of circumstances of an out-of-date law and political pressure on immigration judges has created. All around me, I see frustration, disillusionment, and even despair among immigration law practitioners who are also suffering the consequences that the speed-up of adjudications places on their ability to prepare fully their cases to the highest standards.

 

Denials of U.S. immigrant visas skyrocket after little-heralded rule change

Reuters: More and more aspiring immigrants – especially Mexicans – are being denied visas based on determinations by the U.S. State Department that they might become “public charges,” dependent on the government for support, according to official data and interviews with attorneys, immigrants and their family members.

 

A snapshot of where migrants go after release into the United States

WaPo: Unlike past migration waves, when most migrants were Mexican laborers who typically headed for Texas, California and other western states, the latest newcomers are fanning out across the United States to reunite with family members.

 

Undocumented Immigrants Push States for Driver’s Licenses: ‘We Have to Work’

NBC: Immigrants and their advocates have already gotten access to such licenses in a dozen states and are targeting more, including New York, New Jersey and Wisconsin.

 

How Hudson Yards Was Financed

Citylab: Specifically, the project raised at least $1.2 billion of its financing through a controversial investor visa program known as EB-5. This program enables immigrants to secure visas in exchange for real estate investments. Foreigners who pump between $500,000 and $1 million into U.S. real estate projects can purchase visas for their families, making it a favorite for wealthy families abroad, namely in China. EB-5 is supposed to be a way to jumpstart investment in remote rural areas, or distressed urban ones.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Federal judge rules in favor of juvenile immigrants over DHS objections

Jurist: Judge John Koeltl of the US District Court for the Southern District of New York ruled that several young immigrants who were deemed to have been abused or neglected by their parents could not be denied special immigration juvenile status by the Department of Homeland Security’s (DHS) department of citizenship and immigration services.

 

Proposed VTC Standing Order (see attached)

ICE attorneys have are seeking a standing order for telephonic/VTC appearance and noting that if the judge grants relief when they are not present, they’ll automatically be appealing all of them.  See also: New York Lawsuit Challenges Replacement of Immigration Court Hearings with Video Technology.

 

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Judge Orders

AIC: A U.S. district court judge ruled that certain detained asylum seekers must receive a bond hearing within seven days of requesting one. The ruling in the Padilla v. ICE case is a defeat for the Trump administration.

 

Federal Judge Issues Preliminary Injunction on Remain in Mexico

Lawfare: A federal court issued a preliminary injunction against the administration’s policy of making asylum seekers wait in Mexico pending the resolution of their cases. The decision prevents the government from implementing or expanding the policy, effective Friday, April 12. See also: After judge halts “remain in Mexico” policy, hundreds of migrants sent across border seek answers.

 

The Trump Administration Just Settled a Suit That Could Reunite 2,700 Immigrants With Their Families

Slate: On Friday afternoon, the government signed a settlement agreement in a massive class-action suit challenging the Trump administration’s termination of the little-known Central American Minors (CAM) parole program. As a result of that agreement, almost 3,000 vulnerable kids will have a chance to be reunited with their families in the United States.

 

Announcements of ICE Enforcement Actions

ICE arrested 123 individuals during a month-long operation conducted by ICE in New Jersey that targeted foreign nationals with prior arrests or convictions for driving under the influence of alcohol or drugs. AILA Doc. No. 17041232

 

Department of the Treasury Notice on Immigration Bond Interest Rates

Department of the Treasury notice that for the period beginning 4/1/19 and ending 6/30/19, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.45 per centum per annum. (84 FR 13788, 4/5/19) AILA Doc. No. 19040833

 

RESOURCES

 

EVENTS

 

ImmProf

 

Sunday, April 14, 2019

Saturday, April 13, 2019

Friday, April 12, 2019

Thursday, April 11, 2019

Wednesday, April 10, 2019

Tuesday, April 9, 2019

Monday, April 8, 2019

********************************************

Thanks for keeping he “New Due Process Army” informed, Elizabeth!

PWS

04-19-19

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