PLAYING CATCH UP: Here Are The Gibson Reports For June 10 &b 17, 2019, Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

June 17, 2019

TOP UPDATES

NY Senate approves bill granting undocumented immigrants access to driver’s licenses despite Cuomo’s 11th hour concerns

Daily News: New York lawmakers gave the green light to legislation granting undocumented immigrants access to driver’s licenses on Monday – hours after Gov. Cuomo attempted to tap the brakes on the controversial measure. But see Cuomo sending 500 more cops to crack down on fare beating, improve straphanger safety.

As promised, Trump slashes aid to Central America over migrants

Al Jazeera: Congressional aides said the administration told them it would reallocate $370m in aid to Central America that politicians had approved for fiscal 2018, and suspend an additional $180m Congress had approved for fiscal 2017. See also US-Guatemala Talks on Central American Asylum Seekers Hit Impasse and Mexico releases the full text of Trump’s immigration “deal”.

‘The American Dream has turned into hell’: In test of a deterrent, Juarez scrambles before U.S. dumps thousands of migrants

WaPo: With days to prepare, a top state official said he expects a fivefold increase in the number of migrants who will be sent to Juarez as a result of the expansion of the Trump administration’s Migrant Protection Protocols.

U.S. immigration agency to transfer citizenship paperwork from busy offices, hoping to reduce wait times

WaPo: The strategy, which will apply only to applications for permanent residency — also known as green cards — or U.S. citizenship, probably will be a welcome respite to immigrant communities in cities such as St. Paul, Minn., where some applicants wait up to two years to become citizens. Immigrants in other places could see the process lengthen.

Convicts are returning to farming – anti-immigrant policies are the reason

The Conversation: As current anti-immigrant policies diminish the supply of migrant workers (both documented and undocumented), farmers are not able to find the labor they need. So, in states such as Arizona, Idaho and Washington that grow labor-intensive crops like onions, apples and tomatoes, prison systems have responded by leasing convicts to growers desperate for workers.

A New Migrant Surge at the Border, This One From Central Africa

NYT: Men, women, and children from central Africa — mostly from the Democratic Republic of Congo and Angola — are showing up at the United States’ southwest border after embarking on a dangerous, monthslong journey. Their arrival at the border and at two cities more than 2,100 miles apart — San Antonio and Portland, Maine — has surprised and puzzled immigration authorities and overwhelmed local officials and nonprofit groups.

Trump Administration to Hold Migrant Children at Base That Served as WWII Japanese Internment Camp

TIME: Fort Sill, an 150-year-old installation once used as an internment camp for Japanese-Americans during World War II, has been selected to detain 1,400 children until they can be given to an adult relative, according to the U.S. Department of Health and Human Services.

5,200 people in ICE custody quarantined for exposure to mumps or chicken pox

CNN: ICE has recorded cases of either mumps or chicken pox in 39 immigrant detention centers nationwide, an ICE official tells CNN.

Ken Cuccinelli Wanted to End Birthright Citizenship & Militarize Border—Now He’s Trump’s Immigration Chief

Daily Beast: Former Virginia attorney general Ken Cuccinelli’s long-rumored role as a top coordinator of the Department of Homeland Security immigration policy finally has an official title. According to an email sent to staff at U.S. Citizenship and Immigration Services on Monday, the longtime border hawk has been named acting director of the agency, whose 19,000 employees orchestrate the country’s immigration and naturalization system. See also High Turnover Roils Trump’s Immigration-Policy Ranks and GOP mutters, gently, as Trump sidesteps Senate for top aides.

LITIGATION/CASELAW/RULES/MEMOS

USCIS Provides Class Notice on Case Involving Special Immigrant Juveniles Filed After Applicant Turned 18

USCIS provided notice to the class in R.F.M., et al., v. Nielsen, et al. The class involves Special Immigrant Juveniles with applications based on a New York Family Court Special Findings Order issued between their 18th and 21st birthdays. Notice includes next steps. AILA Doc. No. 19061400. See also Legal Aid’s R.F.M. v. Nielsen website.

Navarro Guadarrama – Not in 2nd Cir.

IDP: has put out a legal alert on the BIA’s new decision in Matter of Navarro Guadarrama, 27 I&N Dec. 560 (BIA 2019), and why it should not affect the Second Circuit precedent set by Harbin and Hylton. Included are some arguments that could be used to rebut DHS should they try to argue otherwise (please let us know if they do raise this decision and what IJs are deciding).

The Second Circuit has withdrawn its opinion in Thompson v. Barr

Fed Defenders: On May 30, 2019, the Second Circuit withdrew the per curiam opinion in Thompson v. Barr, #17-3494, that was issued on May 13. The opinion found that NY assault in the second degree (NYPL § 120.05(1)) is an aggravated felony crime of violence for immigration purposes under the force clause of 18 USC § 16(a).

‘Guats,’ ‘Tonks’ and ‘Subhuman Shit’: The Shocking Texts of a Border Patrol Agent

RollingStone: In the days before he allegedly struck a 23-year-old undocumented Guatemalan man with a government-issued Ford F-150, Border Patrol agent Matthew Bowen sent a text to a fellow agent. In the exchange, which federal prosecutors now claim offers “insight into his view of the aliens he apprehends,” Bowen railed against unauthorized migrants who’d thrown rocks at a colleague as “mindless murdering savages” and “disgusting subhuman shit unworthy of being kindling for a fire.”

The BIA and Selective Dismissal

Chase: So in summary, Andrade Jaso is inconsistent with all of the AG’s precedent decisions under this administration, and with binding regulations. And yet, a three Board Member panel had no reservations (there wasn’t any dissent) in issuing this decision. Why? Because it prevents the only group of people who actually want to be in proceedings from having the chance to apply for legal status.

Court rules against Trump on immigrant teen abortion policy

AP: federal appeals court in Washington ruled Friday against a Trump administration policy it described as a “blanket ban” preventing immigrant teens in government custody from getting abortions, and it kept in place an order blocking the policy.

As Legal Battle Persists, Census Citizenship Question Is Put To The Test

NPR: The courts have yet to issue their final word on whether the Trump administration can add a citizenship question to the 2020 census. But starting Thursday, the Census Bureau is asking about a quarter-million households in the U.S. to fill out questionnaires that include the question, “Is this person a citizen of the United States?”

Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens

USCIS: As part of USCIS’ implementation of this memorandum, USCIS officers will now be required to remind individuals at their adjustment of status interviews of their sponsors’ responsibilities under existing law and regulations. Our officers must remind applicants and sponsors that the Affidavit of Support is a legal and enforceable contract between the sponsor and the federal government. The sponsor must be willing and able to financially support the intending immigrant as outlined by law and regulations (see INA 213A and 8 CFR 213a). If the sponsored immigrant receives any federal means-tested public benefits, the sponsor will be expected to reimburse the benefits-granting agency for every dollar of benefits received by the immigrant.

New USCIS memo denies access to non-adversarial affirmative asylum procedures for many vulnerable children

CLINIC: The memo, titled “Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children” and signed by Asylum Division Chief John Lafferty, reverses a 2013 policy, often referred to as the “Kim memo.” Under the Kim memo, USCIS took jurisdiction over asylum applications filed by applicants who had previously been determined by Immigration and Customs Enforcement or Customs and Border Protection to be “unaccompanied alien children” (UC).

Upcoming Congressional Hearings on Immigration

Listing of upcoming immigration-related Congressional hearings. AILA Doc. No. 15031600

U.S. and Mexico Issue Joint Declaration on Border Migration

The U.S. and Mexican governments proclaimed their commitment to address the increase in migrants moving from Central America, including the deployment of the Mexican National Guard to the southern border and the expansion of Migrant Protection Protocols across the entire southern border. AILA Doc. No. 19061197

What Trump’s Spring 2019 Unified Regulatory Agenda Reveals about Immigration Policy

ImmProf: While bold immigration proposals continue to be in the news, a lesser noticed regulatory planning document provides info on the timeline and implementation details of known policies. An analysis of the regulatory agenda shows that the administration plans to spend the next year implementing the public charge rule that denies green cards and visas to those who take public benefits and reforming employment visa programs to eliminate work authorization for H1-B spouses.

RESOURCES

EVENTS

ImmProf

Monday, June 17, 2019

Sunday, June 16, 2019

Saturday, June 15, 2019

Friday, June 14, 2019

Thursday, June 13, 2019

Wednesday, June 12, 2019

Tuesday, June 11, 2019

Monday, June 10, 2019

June 10, 2019

TOP UPDATES

EOIR SHAKEUP: Chief Immigration Judge, Deputy Director, General Counsel Ousted!

Courtside: Evidently, Chief Immigration Judge MaryBeth T. Keller, General Counsel Jean King, and Deputy Director Katherine H. Reilly all “got the boot” late this week. They are career civil servants. Keller and King were “holdovers” from the prior Administration, while Reilly was appointed to her recent position by former Attorney General Jeff Sessions. Piecing together bits from anonymous sources, it’s likely that the three clashed with EOIR Director James McHenry and Department of Justice (“DOJ”) politicos over some of the more extreme aspects of the Administration’s “master plan.” See also American Bar Association Says Immigration Courts Are ‘On The Brink Of Collapse’.

USCIS Releases Updated Procedures for Asylum Applications Filed by UACs

Reuters obtained a memo with updated procedures for asylum applications filed by unaccompanied alien children (UACs), modifying 5/28/13 guidance. This guidance is effective 30 calendar days after 5/31/19 and applies to any USCIS decision issued on or after the effective date. AILA Doc. No. 19060771

Trump threatens more tariffs on Mexico over part of immigration deal

Reuters: President Donald Trump on Monday hinted more details were to come about a migration pact the United States signed with Mexico last week, saying another portion of the deal with Mexico would need to be ratified by Mexican lawmakers…During the talks last week, Mexican sources said officials were resisting safe third country status, which would mean migrants seeking asylum would have to make such a request in the first safe country they crossed. See also US-Mexico immigration accord likely to increase demand for smugglers’ services: experts and Family arrests at U.S.-Mexico border reach highest monthly level in over decade amid tariff threat.

New ICE chief says agency plans to target more families for deportation

WaPo: The Trump administration’s new immigration enforcement chief said Tuesday that he is preparing to increase arrests and deportations of migrant families living illegally in the U.S. interior, promising the kind of more aggressive approach the White House has been seeking. See also Border Patrol searches have increased on Greyhound, other buses far from border.

ICE deported veterans while ‘unaware’ it was required to carefully screen them, report says

WaPo: On the same day the White House heralded veterans on the 75th anniversary of D-Day, a federal watchdog said the government had violated its own rules on deporting former service members — and immigration authorities have no idea how many they have removed.

Trump’s new approach on legal immigration: Only the privileged need apply

Salon: The State Department announced this week a major change to the Diversity Immigrant Visa Program, which Trump has repeatedly maligned. The first new rule requires applicants to already have a passport at the time of application. The second mandates that any typographical error on the application results in immediate, unappealable disqualification.

USCIS removed asylum training documents from website at direction of top brass

Sunlight Foundation: In answer to our first question— who initiated the removal? — the records turned over under FOIA show that USCIS’ training materials, which had been public for years, were in fact removed at the explicit direction of the Asylum Division’s top official. Even as that official, John Lafferty, acknowledged that the materials were of significant public interest, correspondence shows he rebuffed his own staff’s suggestion to archive them.

Trump administration cancels English classes, soccer, legal aid for unaccompanied child migrants in U.S. shelters

WaPo: The Office of Refugee Resettlement has begun discontinuing the funding stream for activities — including soccer — that have been deemed “not directly necessary for the protection of life and safety, including education services, legal services, and recreation,” said Department of Health and Human Services spokesman Mark Weber. See also Border Patrol is confiscating migrant kids’ medicine, U.S. doctors say, Botched family reunifications left migrant children waiting in vans overnight, and People Forced to Stand on Toilets, Wear Soiled Clothing for Days at Border Patrol Facility.

24 immigrants have died in ICE custody during the Trump administration

NBC: The deaths of three ICE detainees since April, along with the release of several internal and watchdog reports documenting dismal conditions at ICE detention centers, have prompted an outcry from advocates who say the Trump administration is pushing growing numbers of immigrants into a detention system ill-equipped to care for them. See also HHS to house thousands of unaccompanied minor migrants on military bases and at Texas facility.

For Central Americans, Fleeing to Europe May Beat Trying to Reach U.S.

NYT: A growing number of asylum seekers have found that the journey to the Continent is safer and cheaper than paying smugglers to get them through Mexico.

Refugees and Migrants From Venezuela Top Four Million

IOM and UNHCR: The number of Venezuelans leaving their country has reached four million, IOM, the International Organization for Migration, and UNHCR, the UN Refugee Agency, announced today. Globally, Venezuelans are one of the single largest population groups displaced from their country.

Queens lawmakers team with Amnesty International on legislation to protect immigrant detainees in local jails

QNS: The legislation [would] ensure that conditions for immigrants in New York State county jails comply with legal detention standards. In addition, the law will also limit the expansion of detention facilities in the state unless approved by the legislature.

Fast-track asylum regulation under review at the White House

Politico: A fast-track asylum regulation is currently under review at the White House budget office, according to a related regulatory website.

The regulation — titled “Asylum Eligibility and Procedural Modifications” — would be implemented as an interim final rule, which means it would take effect upon publication in the Federal Register.

House passes immigration bill to protect ‘dreamers,’ offer a path to citizenship

WaPo: But it is unlikely that the Senate will consider the bill: McConnell and other Senate Republican leaders made no mention of the bill at their weekly news conference Tuesday afternoon.

ICE Email Confirms 2009 & 2011 U & T Memos Are Still In Effect

ASISTA: ICE has confirmed in an email from ICE Spokeswoman, Danielle Bennett, that the 20011 Prosecutorial Discretion memo & 2009 Stay of Removal memo for U and T visa petitioners are still in effect. This ICE email, which was sent to a Searchlight New Mexico journalist, should be shared with local ICE officers who insist on written verification from ICE HQ regarding the validity of the 2009 and 2011 memos.

Locating detainees at the border

From the listservs: If you get calls from family trying to locate someone who was just detained, keep in mind that if they were detained crossing the border then there is a high probability that they are not with ICE, but with the U.S. Marshal Service with pending illegal entry charges. This became much more common over the past year with Zero Tolerance and its implementation through Operation Streamline. So they won’t appear on the ICE Locator. Unfortunately, they will often not appear on BOP’s website either because USMS detainees that are in contract facilities don’t show on the website. One trick is to check on PACER (www.pacer.gov worth getting an account), which will confirm if have a pending criminal 1325 or 1326 case, and will also have their defense atty name.

LITIGATION/CASELAW/RULES/MEMOS

Supreme Court Rejects Government’s Request to Fast Track DACA Case

In a one-sentence order, the U.S. Supreme Court denied the Trump administration’s motion to expedite consideration of the petition for a writ of certiorari. (DHS, et al. v. Casa de Maryland, et al., 6/3/19) AILA Doc. No. 18030734

Unpub. BIA Victory: Mexico, WH/CAT, Imputed Nationality

LexisNexis: “The BIA reversed [an IJ in] Salt Lake City in a detained withholding / CAT case (client is in Tacoma, WA in withholding only proceedings) on the grounds that my client had suffered past persecution at the hands of local [Mexican] police on account of his imputed nationality as a U.S. citizen.”

‘Why Don’t You Learn English?’: Parents Sue DOE For Failing To Provide Translators

Gothamist: The civil rights lawsuit, which was filed this week in federal District Court by Legal Services NYC, raises serious questions about the DOE’s commitment to serving a significant demographic in the New York City public school system, that of non-native English-speaking parents.

GAO Accepts Congressional Request to Open Investigation into USCIS Backlog of Immigration Cases

The GAO responded to a letter sent by 82 members of the House, accepting their request to work within the scope of its authority to review several issues regarding the current backlog of immigration cases managed by USCIS. AILA Doc. No. 19060334

Practice Alert: EOIR Policy Memo, No Dark Courtrooms

AILA issued a practice alert on EOIR’s policy memo, No Dark Courtrooms, effective Wednesday, 5/1/19. This memo formalizes EOIR’s policy of “no dark courtrooms” and directs “OCIJ managers to ensure…that all blocks of available immigration court time are being utilized for scheduling cases.” AILA Doc. No. 19052970

DOS Updates Immigrant and Nonimmigrant Visa Application Forms to Request Social Media Identifiers

On 5/31/19, the DOS updated its immigrant and nonimmigrant visa application forms to request additional information, including social media identifiers, from most U.S. visa applicants worldwide. AILA Doc. No. 19060671

DHS OIG Issues Report After Immediate Risks and Egregious Violations Found at ICE Detention Facilities

DHS OIG issued a report after it conducted inspections of four detention facilities and found violations of ICE’s National Detention Standards, including “immediate risks or egregious violations of detention standards in Adelanto, VA, and Essex County, NJ….” AILA Doc. No. 19060601

USCIS Updates Fee Payment System Used in New York Field Offices

USCIS: U.S. Citizenship and Immigration Services (USCIS) has expanded the fee payment system used in field offices across the country, including the New York, Brooklyn, Long Island, and Queens offices. The improvements, implemented in New York in April, will fully replace the older system on Friday, June 7. Note that after that date, applicants will no longer be able to pay by money order or a cashier’s check at the New York, Brooklyn, Long Island, and Queens offices.

RESOURCES

· Mexican Tarjetas de Visitante por Razones Humanitarias and Firm Resettlement: A Practice Advisory for Advocates (attached)

· Practice Advisory on the SIJS litigation for applicants between the ages of 18-21 (attached)

· FAQs for non-citizens who receive juror form in NYC

· Yes, No, or Maybe: The Importance of Developing a Philosophy of Lawyering in an Era of Immigration Upheaval

· Tuition Assistance for AILA Online Courses

· Think Immigration: Immigration Attorneys, It’s Time to Add a Whole New Section to Your Client Screening Sheets

· Get Sample Questionnaires, Checklists, and Correspondence

· FOIA Reveals EOIR’s 2018 IJ Training, Court Performance Measures Adjournment Codes

· USCIS Releases 2018 Statistical Annual Report | USCIS

· Download the Dream Act Fact Sheet

· Download the TPS Fact Sheet