The Gibson Report — 04-13-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”
 

COVID-19

Note: Policies are rapidly changing, so please verify the latest policies on the relevant government websites and with colleagues on listservs as best you can.

 

New

  • BIA Email Filings: The BIA is now accepting email filings for limited purposes. This guidance is separate from the previously posted general IJ email filing guidance.
  • OCAHO Email Filings: Until further notice, complainants can file new complaints by emailing the complaint and all required attachments
  • IJ Email Filings: The new email filing system seems to sometimes send a confirmation email but sometimes it does not. IJs also have sometimes not had access to confirmed email filings at hearings.
  • EOIR Standing Orders Relocated from the main Practice Manual PDF to separate Appendix R PDF.
  • Bond: The New York Field Office is not processing bonds until further notice. The Newark office may serve as an alternative.
  • Parole Requests: Are being accepted by mail at 26Fed and Varick in New York. See also attached ICE Guidance on Discretionary Release.
  • ICE-Appointments: NY Field Office OSUP appointments are canceled through April 30.
  • A running list of positive coronavirus cases at county jails in North Jersey
  • ACIJ Changes: Effective Monday, April 13, Immigration Judge David Cheng will begin serving as the Assistant Chief Immigration Judge overseeing the Newark and Elizabeth immigration courts, replacing ACIJ Carrie C. Johnson-Papillo, who will now serve exclusively as the ACIJ at the New York – Federal Plaza Immigration Court. ACIJ Cheng will be based out of the Newark Immigration Court.
  • ESTA/Visa Waiver Extensions related to COVID-19 for JFK/EWR
  • Coronavirus Tax Relief and Economic Impact Payments(includes several different helpful flyers)
  • ONA COVID-19 Flyer Now Available in Multiple Languages

 

Closures

 

Guidance:

 

 

US-Mexico border: Thousands of migrants expelled under coronavirus powers

BBC: The US has expelled more than 6,300 undocumented migrants on its Mexico border using emergency powers to curb coronavirus spread, officials say.

 

DHS Expands Efforts to Collect DNA Samples from Immigrants

NIP: In early 2020, the Trump Administration began implementing a multi-pronged effort to collect DNA samples from immigrants to be used by federal and state law enforcement authorities to investigate crimes. Beginning April 8, 2020, the U.S. Department of Homeland Security (DHS) is authorized to collect DNA from all detained immigrants.

 

N.J. has more immigrant detainees with the coronavirus than any other state

NJ.com: Almost one-third of all federal detainees infected with the coronavirus are being held in New Jersey, according to the latest figures from U.S. Citizenship and Immigration Services.

 

City’s Undocumented Latinos, Many on the Front Lines, Feel Abandoned Amid Pandemic

CityLimits: Without help from the government, community-based organizations are trying to fill that gap. Mixteca Organization is providing prepaid $250 debit cards to 100 families in distress in the immigrant community of Sunset Park.

 

ICE Arrests Teenager at Shelter Despite Pandemic, Places Him in Solitary Confinement

DocumentedNY: Jorge, who asked to be referred to only by his first name for fear of reprisal, was arrested by ICE on his 18th birthday from a shelter in Westchester, New York on March 18. He was then transferred to the Orange County Correctional Facility, according to attorneys at the Brooklyn Defender Services. See also “We are trapped”: Immigrant women detained during pandemic speak out.

 

Chinese workers in the US are losing their visas with their jobs. But flying home to China is too expensive

CNN: There are no official statistics on how many Chinese nationals in the US have lost jobs as a result of the coronavirus pandemic, but CNN has seen two groups on WeChat, a “must-have” messaging platform for the Chinese diaspora, in which hundreds of people claiming to be in this situation share stories and exchange information.

 

White House Seeks To Lower Farmworker Pay To Help Agriculture Industry

NPR: New White House Chief of Staff Mark Meadows is working with Agriculture Secretary Sonny Perdue to see how to reduce wage rates for foreign guest workers on American farms, in order to help U.S. farmers struggling during the coronavirus, according to U.S. officials and sources familiar with the plans. See also Shortage of Farmworkers Threatens Americans’ Food Supply During the Coronavirus.

 

Quarantine in Solitary Confinement and Attorneys Wear Swimming Goggles to Court, as Batavia Grapples With the Coronavirus Pandemic

DocumentedNY: According to detainees at Batavia, U.S. Immigration and Customs Enforcement has blocked all visits to doctors unless they have a coronavirus related emergency; meaning many who have long-term chronic conditions have to go without care.

 

Migrant Children Still Face Speedy Deportation Hearings in COVID-19 Hotspots

Marshall Project: In two courthouses in the center of the besieged city, hearings for unaccompanied children—migrants who were apprehended without a parent—are speeding forward. The U.S. Department of Justice, which controls the immigration courts, has said it has no plan to suspend them.

 

The Hidden Impact of Removal Proceedings on Rural Communities

TRAC: Although the Immigration Courts with the largest backlogs of cases are located in large cities, the latest Immigration Court records show that when adjusted for population, many rural counties have higher rates of residents in removal proceedings than urban counties.

 

LITIGATION/CASELAW/RULES/MEMOS

 

SDNY TRO grant for Essex detainees with more serious criminal justice contact (see attached)

NYIFUP: On Friday night, Judge Torres granted a TRO for two people BDS represents detained at Essex (the third person was released post-filing) in a decision with some great language against severing a group petition and about the continuing danger at Essex. Torres cited to the declarations filed for two of the “Basank 10,” Mr. Picasso and Mr. Pena, who wanted to share their experiences to help others. This win is very gratifying also because these two clients have more serious criminal justice contact than in other recent habeas cases, but Judge Torres agreed that they should still be released and the real issue is what conditions are appropriate.

Also, Judge Arleo of the DNJ issued a TRO for the immediate release of 5 individuals held in Hudson and Bergen County Jails.

 

Emergency TRO Filed in District Court Due to EOIR and ICE’s Handling of Immigration Cases During COVID-19 Pandemic

AILA, the Immigration Justice Campaign, the NIPNLG, and several detained individuals filed an emergency TRO challenging EOIR’s operation of in-person immigration court hearings and ICE’s conditions of confinement during the COVID-19 pandemic. (NIPNLG et al., v. EOIR et al., 4/8/20) AILA Doc. No. 20040830

 

AILA and Others Sue to Challenge Lack of Access to Counsel in Immigration Detention

A district court judge issued a TRO, given the COVID-19 pandemic, granting relief to individuals detained in Adelanto ICE Processing Center through 4/25/20, and asked the government why he should not convert this order into a preliminary injunction. (Torres, et al. v. DHS, et al., 4/11/20) AILA Doc. No. 18121703

 

Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020)

For purposes of determining whether an alien is subject to the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by the alien’s unwillingness or reluctance to satisfy the terms for acceptance.

 

Challengers to Trump’s Uninsured Immigrant Ban Win Cert.

Law360 reports that a federal judge granted class certification in the lawsuit filed by AILA and partners challenging the president’s healthcare proclamation. AILA Director of Litigation Jesse Bless called it an “important step towards making sure the proclamation never becomes effective.” AILA Doc. No. 20040961

 

First circuit rules against challenge to naturalization oath

ImmProf: The court found the inclusion of “so help me God” as a means of completing the naturalization oath does not violate the First or Fifth Amendments or RFRA.

 

A Stunning Fifth Circuit Asylum Decision: An Analysis of Inestroza-Antonelli v. Barr

ImmProf: In the very first paragraph, the essence of the decision is announced: “Without addressing the coup, the BIA found that any change in gender based violence was incremental or incidental and not material. Because this conclusion is not supported by the record, we grant the petition and remand.”… The most notable thing about the panel’s 2-1 decision besides its well thought-out reasoning is the lack of any discussion involving Matter of A-B-, 27 I & N Dec. 316 (A.G. 2018), anywhere in either the majority’s or dissent’s decisions.

 

President Memorandum on Visa Sanctions

The President issued a memo directing the Secretary of State to impose visa sanctions pursuant to INA section 243(d) on any foreign country that denies or delays the acceptance of its citizens after being asked to accept them, and if such denial or delay impedes DHS operations regarding COVID-19. AILA Doc. No. 20041300

 

ICE Issues Guidance on COVID-19

ICE issued guidance on its response to the COVID-19 pandemic. ICE confirmed that as of 4/10/20, 50 detainees, 15 detention facility personnel, and 66 ICE employees, have tested positive for COVID-19. AILA Doc. No. 20031658

 

USCIS 30-Day Extension of Comment Period on Proposed Revisions to Form I-864 and Related Forms

USCIS 30-day extension of a comment period originally announced at 84 FR 55167 on proposed revisions to Form I-864, Affidavit of Support Under Section 213A of the INA, as well as Forms I-864EZ and Form I-864A. Comments are now due 5/11/20. (85 FR 20292, 4/10/20) AILA Doc. No. 20041030

 

ICE Releases Memo on COVID-19 Action Plan for ICE-Dedicated Facilities

ICE issued a memo on its COVID-19 action plan for ICE Health Service Corps (IHSC)-staffed and non-IHSC-staffed, ICE-dedicated facilities. The memo was released by ICE as an exhibit in Fraihat v. ICE. AILA Doc. No. 20040901

 

USCIS Reminder of New Version of Form I-9

USCIS notice that a new version of Form I-9 (Employment Eligibility Verification) with a version date of ‘‘(Rev. 10/21/2019)’’ is available for use beginning today, 1/31/20. Employers may continue using the prior version of the form until 4/30/20. (85 FR 5683, 1/31/20) AILA Doc. No. 20013130

 

USCIS Issues Policy Guidance on Liberian Refugee Immigration Fairness

USCIS issued policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of adjustment of status applications based on the Liberian Refugee Immigration Fairness (LRIF) law. The guidance is effective immediately. Comments are due May 7, 2020. AILA Doc. No. 20040730

 

ACTIONS

 

 

RESOURCES

 

    • Africa
      • Nigeria: Criminalization on the Basis of Sexual Orientation or Gender Identity (AFR2020-05) – ENG
      • Angola : Homosexualité (AFR2020-04) – FR
    • Asia
      • Mongolia: Treatment of mixed ethnicity persons (AFG2020-01) – ENG
    • CIS
      • Ukraine: Drafting into the Ukrainian Army (CIS2019-12) – ENG
    • Global
  • El Salvador: Domestic violence (GLO2019-43) – ENG
  • Venezuela: Treatment of Family Members of Pro-Democracy Groups and Users of Social Media Spreading Anti-Government Posts (GLO2020-03)- ENG
  • Honduras: Harm to PAC (Anti-Corruption) Party Members (GLO2019-43) – ENG
    • MENA

 

EVENTS

   

Note: Check with organizers regarding cancellations/changes

 

ImmProf

 

Monday, April 13, 2020

Sunday, April 12, 2020

Saturday, April 11, 2020

Friday, April 10, 2020

Thursday, April 9, 2020

Wednesday, April 8, 2020

Tuesday, April 7, 2020

Monday, April 6, 2020

 

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

Thanks Elizabeth. As you have noted, policies are changing almost by the hour, so always prudent to check to make sure you have the latest!

PWS

04-13-20

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