Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”
COVID-19 & Closures
Note: Policies are rapidly changing, so please verify information with the government and colleagues.
EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, April 16, 2021 (It is unclear when the next announcement will be. EOIR announced 4/16 on Fri. 3/5, 3/19 on Wed. 2/10, 2/19 on Mon. 1/25, 2/5 on Mon. 1/11, and 1/22 on Mon. 12/28). There is no announced date for reopening NYC non-detained at this time.
USCIS Office Closings, Including Weather, and Visitor Policy
TOP NEWS
Cases testing Trump’s “public charge” immigration rule are dismissed
SCOTUSblog: Just over two weeks after the Supreme Court announced that it would review the Trump administration’s “public charge” rule, which governs the admission of immigrants into the United States, the case (as well as two others presenting the same question) was dismissed on Tuesday, at the request of the Biden administration and the opponents who sued over the rule. See also States seek to take over defense of ‘public charge’ rule; A Supreme Court showdown over Trump’s legacy ends with a whimper.
Senate confirms Garland as attorney general
Roll Call: He will lead a department that oversees the nation’s immigration courts, investigates civil rights violations at local law enforcement agencies or in voting laws, and scrutinizes business mergers in technology, health care and other industries.
BuzzFeed: A week after federal health officials relaxed pandemic restrictions and allowed shelters to expand to full capacity, the Biden administration on Friday said it had reactivated more than 200 beds for unaccompanied immigrant children and rescinded a Trump-era agreement that had led to the arrest of sponsors who stepped forward to take them in. See also Backlog of migrant children in Border Patrol custody soars to 4,200, with 3,000 held past legal limit; Biden Administration Directs FEMA to Help Shelter Migrant Children; Mexico is holding hundreds of unaccompanied children detained before they reach the U.S. border; White House reinstates program allowing some Central American minors to seek to reunite with parents in U.S..
Immigration up next on Capitol Hill
Politico: The House is poised to vote on two immigration bills this week, both narrower pieces of legislation while Democrats weigh how ambitious to go with President Joe Biden’s comprehensive immigration plan. All of this is unfolding amid a growing debate about how to address the surging numbers of migrant children and families being detained at the U.S.-Mexico border.
Refugee Flights Canceled as Biden Fails to Lift Trump Cutback
NYT: More than 715 refugees from around the world who expected to start new lives in the United States have had their flights canceled in recent weeks because President Biden has postponed an overhaul of his predecessor’s sharp limits on new refugee admissions. Agencies that assist refugees poised to enter the country were notified by the State Department this week that all travel would be suspended until the president sets a new target for admissions this year.
Immigration arrests have fallen sharply under Biden, ICE data show
WaPo: The number of immigrants taken into custody by ICE officers fell more than 60 percent in February compared with the last three months of the Trump administration, according to data reviewed by The Washington Post. Deportations fell by nearly the same amount, ICE statistics show.
ICE has no clear plan for vaccinating thousands of detained immigrants fighting deportation
WaPo: The coronavirus has been running rampant for months through Immigration and Customs Enforcement’s network of jails holding civil immigration detainees fighting deportation — but the agency has no vaccination program and, unlike the Bureau of Prisons, is relying on state and local health departments to procure vaccine doses. See also A border community, ICE at odds over release of detainees with covid.
U.S. Offers Protected Status For People From Myanmar [aka Burma] As Coup Leaders Crack Down
NPR: The United States will offer temporary protected status to people from Myanmar who fear returning home, the Biden administration said Friday, as it tries to ratchet up pressure on military coup leaders in the Southeast Asian country, and provide protection to some of those criticizing it.
New Bill Would Take Marijuana Questions Off Citizenship App
Law360: A bill introduced in the House on Monday would remove marijuana offenses and chronic alcohol abuse from the list of reasons to reject or mark down an application for U.S. citizenship.
CNN: Gelatt cautioned that we don’t yet know how the Internal Revenue Service will interpret the law with regard to the eligibility of undocumented people who have Social Security numbers. The IRS did not respond to a request for comment.
LITIGATION/CASELAW/RULES/MEMOS
Immigration Cases on Supreme Court’s April 2021 Oral Argument Calendar
ImmProf: Sanchez v. Mayorkas (April 19): Whether an immigrant who enters the United States without proper authorization but receives “temporary protected status” can become a lawful permanent resident. United States v. Palomar-Santiago (April 27): Whether charges that a non-citizen illegally reentered the United States should be dismissed when the non-citizen’s removal was based on the misclassification of a prior conviction.
Advance Copy of USCIS Final Rule Restoring Previous Public Charge Regulations
Advance copy of USCIS final rule removing from the Code of Federal Regulations the regulatory text that DHS promulgated in the August 2019 public charge rule and restoring the regulatory text to appear as it did prior to the issuance of the August 2019 rule. AILA Doc. No. 21031142
A district court granted a motion for preliminary injunction and enjoined nationwide implementation of EOIR’s 12/16/20 final rule that made drastic changes to the procedures and regulations governing immigration courts. (Centro Legal De La Raza, et al., v. EOIR, et al., 3/10/21) AILA Doc. No. 21031134
DHS and DOS Reopen the Central American Minors (CAM) Program
DOS announced DHS and DOS have initiated phase one of reinstituting the CAM program to reunite qualified Central American children with their parents who are lawfully present in the U.S. The first phase will process eligible applications that were closed when the program was terminated in 2017. AILA Doc. No. 21031035
DHS and HHS Terminate 2018 Agreement Regarding Information Sharing in UAC Matters
DHS and HHS issued a joint statement announcing the termination of a 2018 agreement that “had a chilling effect on potential sponsors . . . from stepping up to sponsor an unaccompanied child placed in the care of HHS.” In its place, HHS and DHS have signed a new agreement. AILA Doc. No. 21031235
DHS Secretary Designates Burma/Myanmar for TPS for 18 Months
DHS Secretary Mayorkas designated Burma for TPS for 18 months. Individuals who can demonstrate continuous residence in the United States as of March 11, 2021, are eligible for TPS under Burma’s designation. A forthcoming Federal Register notice will detail eligibility criteria. AILA Doc. No. 21031241
USCIS Notice Designating Venezuela for TPS
USCIS notice designating Venezuela for Temporary Protected Status (TPS) for 18 months, effective 3/9/21 through 9/9/22. The notice also provides information about Deferred Enforced Departure (DED) and DED-related EADs for eligible Venezuelans. (86 FR 13574, 3/9/21) AILA Doc. No. 21030846
On March 4, 2021, the Supreme Court dismissed the petition for certiorari based on a joint stipulation to dismiss filed by the parties. (Wilkinson v. City and County of San Francisco, 3/4/21) AILA Doc. No. 17042533
BIA Rules Conviction for Assault in Violation of §245(a)(4) of the California Penal Code Is a CIMT
Following Matter of Wu, the BIA ruled that conviction for assault by means of force likely to produce great bodily injury in violation of §245(a)(4) of the California Penal Code is categorically one for a CIMT. Matter of Aguilar-Mendez, 28 I&N Dec. 262 (BIA 2021) AILA Doc. No. 21031234
2nd Circ. Bashes ‘Bizarre’ Gov’t Stance On Family-Based Visa
Law360: A U.S. citizen in Connecticut and her adult daughter in the United Kingdom can reunite stateside after a Second Circuit panel affirmed the younger woman’s eligibility for an immediate-relative visa on Tuesday, even though she turned 21 before her mother naturalized.
USCIS to Invite Certain Applicants to Resubmit I-485 Applications That Were Previously Rejected
AILA has recently been made aware that USCIS will be reaching out to stakeholders in the coming days whose I-485 applications were rejected for failure to complete boxes 9.a. and 10 in Part 2 of the Form I-485 with instructions on how to refile their application with USCIS. AILA Doc. No. 21010510
RESOURCES
- ABA ethics opinion addresses professional responsibilities of virtual practice
- AILA: Practice Pointer: Guidance for Filing Applications After USCIS Announces It Will Stop Applying the Public Charge Final Rule
- AILA: The Ethics of Representing a Client in Person During the Pandemic
- AILA: Bite-Sized Ethics: Who Can Sign on the Dotted Line?
- CMS: Select US Immigration and Refugee Policy Resources
- CRS: The Biden Administration’s Immigration Enforcement Priorities: Background and Legal Considerations
- Legal Aid: What You Need to Know About Temporary Protected Status for Venezuelans (English and Spanish factsheets)
- NLG/NIP: Overview of Pereida v. Wilkinson for Immigration and Criminal Defense Counsel
- NLG/NIP: H.R. 6 — The Dream and Promise Act of 2021 Bars to Receiving Status
- Immigration Detention and COVID-19: Illuminating Human Rights Concerns in Minnesota Jails
- RI: Voices from the Border campaign
EVENTS
- 3/15/21 Discussion on the Right to Mental Health Discharge Planning Upon Release from Immigration Detention
- 3/15/21 NYIC: Trump’s Public Charge Rule Defeated!
- 3/16/21 Representing Immigrants in Family Court
- 3/16/21 Ethical Issues in Crisis Lawyering: Representation and Advocacy Challenges
- 3/16/21 Pending Lawsuits: Where Are We Now? Keeping Up with BIG Litigation
- 3/17/21-3/18/21 Legal Remedies for Immigrant Survivors: Introductory Seminar Series – Part II: Preparing The Case
- 3/17/21 Incorporating Holistic Services in an Immigration Legal Services Program
- 3/18/21 CGRS Webinar: Asylum Policy and Litigation Update Under the Biden Administration
- 3/18/21 U.S. Border Patrol’s Legacy of Racism: Alternative Visions for Border Management
- 3/19/21 Overcoming immigration polarization
- 3/23/21 Complex Naturalization: How to Get Your Clients to Citizenship
- 3/23/21 Understanding the Conditional Permanent Residence Petition (Form I-751)
- 3/23/21 DACA Screening and Application Prep Regional Training Workshops
- 3/24/21 Privacy at Risk: Searches of Electronic Devices at Ports of Entry and Beyond
- 3/24/21 Contesting criminal grounds of removability
- 3/29/21 Dissecting an Immigration Judge Decision for a Successful BIA Appeal
- 3/30/21 Public Charge and the Affidavit of Support
- 3/30/21-5/14/21 Comprehensive Overview of Immigration Law (COIL)
- 3/31/21 J.O.P. v. DHS: Updates and Implications for Practitioners Representing Unaccompanied Children Seeking Asylum
- 4/5/21 Overview of Immigration Law Training
- 4/5/21-4/26/21 Webinar Series: Selected Issues in U Nonimmigrant Status
- 4/15/21 DACA
- 4/15/21 All About EADs
- 4/20/21 Motions to Reopen in Immigration Court: Part II – U and T MTR
- 4/20/21 Hot Topics in Naturalization Adjudications
- 4/21/21 Working with Domestic Violence Immigrant Survivors: The Intersection of Basic Family Law, Immigration, Benefits, and Housing Issues in California 2021
- 4/22/21 Dissecting a BIA Decision for a Successful Circuit Court Appeal
- 4/28/21 Community Defense: Legal Service Partnerships with Organizers
- 5/4/21 Public Charge: Current State of Play
- 5/6/21 Hot Topics in Asylum Law
- 5/10/21 All About DOJ Recognition and Accreditation
- 5/13/21 Marijuana and Immigrants
- 5/17/21-5/20/21 CLINIC Convening 2021
- 5/18/21 Ethics in Representing Family Members in U Visa, U AOS/929, and VAWA Cases
- 5/26/21 Hot Topics in Removal Defense
- 6/1/21 VAWA Adjustment of Status Fundamentals
- 6/9/21 Hot topics: Adjudication and Enforcement Trends
- 6/10/21 Public Charge and Hot Topics in Consular Processing
- 6/14/21 Taxes at the Border: Understanding the Tax Consequences of Immigration Status
- 6/15/21 U Visa Hot Topics
- 6/15/21 Motions to Reopen in Immigration Court: Part III – VAWA Self-petitioners
- 6/22/21 Defending Immigration Removal Proceedings 2021
- 6/30/21 Immigration Update – June 2021
- 7/22/21 Defending Immigration Removal Proceedings 2021
- 9/23/21 Representing Children in Immigration Matters 2021: Effective Advocacy and Best Practices
ImmProf
Sunday, March 14, 2021
Saturday, March 13, 2021
- Looking to Belong: Equal Protection of Transnational American Adoptees
- Europe and the United States have an Islamophobia Problem, Not an Immigration Crisis
- FEMA to Aid Migrant Children at the Border
- Children Jammed Into A Tent At The Border, In The Middle Of A Global Pandemic
- Fire Burned Through Yemen Migrant Detention Center, Killing and Injuring Many
- Immigration Cases on Supreme Court’s April 2021 Oral Argument Calendar
- Guatemalan Living in Church Sanctuary for Three Years Granted Relief
- Former UC Berkeley Law student sues UC over immigration error that cost him ‘dream job’
Friday, March 12, 2021
- David Martin on Sanchez v. Mayorkas
- TPS for Myanmar -aka- Burma
- Children Translating for Parents
- The Flores Exhibits: Voices from the Americas
- President Biden Condemns Hate Crimes Against Asian Americans
- A Supreme Court showdown over Trump’s legacy ends with a whimper: Four major cases went up in smoke after Biden abandoned Trump policies.
Thursday, March 11, 2021
- Throwback Thursday: Rethinking Immigration Detention by Anil Kalhan
- NPR — ‘The Border Is Not Open’: Biden Administration Seeks Foreign Aid To Slow Migration
Wednesday, March 10, 2021
- Senate Confirms the Appointment of Merrick Garland as Attorney General
- Recent Cases: Harvard Law Review analysis of Ali v. Barr (5th Cir.)
- In the era of surveillance, ICE steps up its game in identifying undocumented immigrants
- Profile of Immigrant Women in the Workforce
- The Daily: Biden’s Dilemmas: Children at the Border
- Immigration Article of the Day: Climate-Induced Human Displacement and Conservation Lands by Jessica Owley
Tuesday, March 9, 2021
- Supreme Court Dismisses Public Charge Cases
- Guest Post: The Wrong Answer to the Right Question: How to Address the Failure of Protection for Gender-Based Claims? by Professor Karen Musalo
- Call for Papers: Feminist Judgments Volume on Rewritten Immigration Law Opinions
- Reuters — Special Report: How Trump administration left indelible mark on U.S. immigration courts
- From the Bookshelves: Celebrating Women’s History Month: Immigration
- Report: The Uyghur Genocide: An Examination of China’s Breaches of the 1948 Genocide Convention
- Immigration Article of the Day: Virus as Foreign Invader: U.S. Voters & the Immigration Debate by Rebecca Sharpless
Monday, March 8, 2021
- TPS for Venezuelans in U.S.
- Envisioning a Secure and Just Future in the Household Workplace
- Decline in Undocumented Population
- BIA Decision on the Categorical Approach
- Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months
- Chilling effects of public charge rule extend to COVID testing and vaccination
- Arab Americans Advocate for Little Arabia in California
- International Women’s Day 2021 theme – “Women in leadership: Achieving an equal future in a COVID-19 world”
- “Susan Rice is burning sage in her West Wing office, once occupied by anti-immigrant hardliner Stephen Miller, used to cleanse a space of negativity”
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Thanks, Elizabeth!
Notably, Stephen Miller’s cruel, stupid, racist, and counterproductive “public charge” rules were finally put to bed by the Biden Administration after unnecessarily protracted rancorous litigation.
🇺🇸🗽⚖️Due Process Forever!
PWS
03-16-21