THE GIBSON REPORT — 11-23-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal,Assistance Group —  Court Losses, Rebukes Pile Up For Loser Scofflaw White Nationalist Regime — But Cruelty, Stupidity, & Sabotage Of Democracy Still On The Agenda For Defeated Kakistocracy!🏴‍☠️☠️⚰️👎🏻

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

 

COVID-19

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

 

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, December 11, 2020. NYC non-detained remains closed for hearings.

 

TOP NEWS

 

Asylum Ruling Halts Restrictions in New Rule

Lawfare: On Nov. 19, Judge Susan Illston of the U.S. District Court for the Northern District of California held that a new asylum rule exceeded the power of both the attorney general and the Department of Homeland Security and issued a nationwide temporary restraining order against the rule’s implementation.

 

Judge Halts ‘Public Health’ Expulsions of Children at the Border

NYT: A federal judge ruled Wednesday that a public health emergency decree did not give the Trump administration authority to expel unaccompanied children before they could request asylum.

 

Trump administration revives talk of action on birthright citizenship

The Hill: The administration is aware the order would be promptly challenged in court, but officials would hope to get a ruling on whether birthright citizenship is protected under the 14th Amendment, according to one source familiar with the plans. Many lawmakers and experts have argued it is protected, but the courts have not definitively ruled on the issue.

 

White House killed deal to pay for mental health care for migrant families separated at border

NBC: The White House’s refusal to accept the deal ended up costing taxpayers $6 million…. In November 2019, the judge in the case ordered the government to pay for mental health services, which the Justice Department appealed unsuccessfully. The nonprofit Seneca Family of Agencies was awarded a $14 million contract in March to provide screenings and counseling to migrant families.

 

As coronavirus cases surge again, ICE leaders push to detain more immigrants in California

KTLA: Now, against the backdrop of the latest and potentially most difficult wave of COVID-19 cases across the state and country, ICE officials are pushing to increase the number of immigrants detained in California.

 

ICE Arrested More Than 150 Immigrants In A Nationwide Sweep

Buzzfeed: This time, ICE officials say they targeted people who had been granted voluntary departure, a policy that allows undocumented immigrants to leave the country on their own accord rather than be deported.

 

The time has come for a reckoning on US immigrant abuse

AlJazeera: A letter to the UN by four congresswomen renews hope that abuse of detained immigrants in the US will finally be addressed.

 

Biden Will Try to Unmake Trump’s Immigration Agenda. It Won’t Be Easy

MP: Some of Trump’s actions can be undone relatively easily, legal scholars and former judges and justice officials say. Others require laborious rule-making or slow-moving litigation. For Biden allies hoping to make a fast start, choosing priorities is daunting.

 

Immigration Officials Have Been Told Not To Communicate With Joe Biden’s Transition Team

BuzzFeed: An official at the agency that oversees US immigration and naturalization services told employees not to communicate with President-elect Joe Biden’s transition team until a Trump appointee “deems the results ‘clear’” and recognizes the winner, according to an internal email obtained by BuzzFeed News.

 

IT Snafus Added Confusion to Migrant Family Reunification, Watchdog Says

WSJ: Old systems maintained by the Department of Homeland Security failed to track migrants that were separated at the U.S. border.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Federal Judge Issues Nationwide Injunction Against Rule Restricting Asylum Eligibility

A district court issued a nationwide injunction against a rule issued on 10/21/20 that created new categories that would bar individuals from being eligible for asylum, which were scheduled to go into effect on 11/20/20. (Pangea Legal Services et al., v. DHS, et al., 11/19/20) AILA Doc. No. 20111934

 

Federal Court Blocks the Trump Administration’s “Title 42 Process” as It Relates to Unaccompanied Minors

The district court granted motions to certify class and for preliminary injunction, blocking application of the Trump administration’s “Title 42” order to all unaccompanied children, which restricted immigration at the border under the Public Health Service Act. (P.J.E.S. v. Wolf, 11/18/20) AILA Doc. No. 20111839

 

NY Judge Slams Feds For ‘Ignoring’ Justices’ DACA Revival

Law360: A New York federal judge rebuked the Trump administration Wednesday for refusing to reinstate DACA, saying the administration was “ignoring” court orders that preserved the immigration ptogram while trying to “run out the clock” on the president’s remaining time in office.

 

DC Judge Slams DOJ’s $212K Fee Payment To Arnold & Porter

Law360: A District of Columbia federal judge on Tuesday criticized a deal in which the Trump administration will pay Arnold & Porter more than $212,000 in legal fees to resolve a battle over expedited traveler security clearance programs, calling the fees excessive and the government’s conduct “embarrassing.”

 

Advocates File Class Action Lawsuit Challenging USCIS’s Blank Space Policy

Advocates filed a lawsuit challenging USCIS policy to reject applications that have any blank response field. USCIS has rejected thousands of applications, primarily targeting humanitarian benefits such as asylum applications and T and U visa petitions. (Vangala v. USCIS, 11/19/20) AILA Doc. No. 20112034

 

CA4 Holds That IJs Must Make Finding as to Whether Corroborating Evidence Was Reasonably Available

The court held that while the INA does not require an IJ to provide a noncitizen with advance notice of the need to offer corroborating evidence, the IJ must make a finding as to whether such corroborating evidence was reasonably available if it was not provided. (Wambura v. Barr, 11/13/20) AILA Doc. No. 20111740

 

CA5 Affirms Dismissal of Habeas Petition After Finding Inability to Seek Work Authorization Is Not a Collateral Consequence

Affirming the district court’s dismissal of the habeas petition, the court rejected the petitioners’ argument that their inability to seek work authorization was a collateral consequence that should allow them to maintain their petition. (Bacilio-Sabastian, et al. v. Barr, et al., 11/13/20) AILA Doc. No. 20111741

 

USCIS Updates Policy Guidance on Prerequisite of Lawful Admission for Permanent Residence for Purposes of Naturalization

USCIS updated policy guidance affirming that an applicant is ineligible for naturalization in cases where they did not obtain LPR status lawfully, including cases where the U.S. government was unaware of disqualifying facts and granted AOS to that of an LPR or admitted the applicant as an LPR. AILA Doc. No. 20111831

 

USCIS Updates Policy Guidance on the Use of Discretion for Adjustment of Status

USCIS updated guidance regarding discretion in adjustment of status (AOS) applications. The update consolidates guidance on the privileges, rights, and responsibilities of LPRs, and clarifies factors or factual circumstances for AOS that officers consider when conducting a discretionary analysis. AILA Doc. No. 20111731

 

DHS Issues Order Designating the Order of Succession for the Secretary of Homeland Security

On 11/4/20, Peter T. Gaynor, administrator of FEMA, exercised any authority of the position of Acting Secretary to designate an order of succession for DHS Secretary. This order was issued in response to recent findings that the 11/8/19 order of succession issued by Kevin McAleenan was invalid. AILA Doc. No. 20111737

 

DHS Issues Ratification of Actions Taken by Acting Secretary Chad Wolf

Following the execution of Peter Gaynor’s 11/14/20 order designating the order of succession for the secretary of homeland security, DHS Acting Secretary Chad Wolf ratified any and all of his own actions taken since 11/13/19. AILA Doc. No. 20111738

 

DHS Issues Ratification of Certain Actions Taken by McAleenan and Edlow

Following the execution of Peter Gaynor’s 11/14/20 order designating the order of succession for the secretary of homeland security, DHS Acting Secretary Wolf ratified certain actions taken by former Acting DHS Secretary McAleenan and one action taken by USCIS Deputy Director for Policy Edlow. AILA Doc. No. 20111739

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, November 23, 2020

Saturday, November 21, 2020

Friday, November 20, 2020

Thursday, November 19, 2020

Wednesday, November 18, 2020

Tuesday, November 17, 2020

Monday, November 16, 2020

 

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Thanks, Elizabeth!

Due Process Forever!

PWS

11-24-20

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