⚖️ THE GIBSON REPORT — 04-25-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, National Immigrant Justice Center

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

 

PRACTICE ALERTS

ICE PD Memo (Doyle Memo) Goes into Effect Today

Nationwide Immigration Court Legal Assistant Directory

 

NEWS

 

US to welcome Ukraine refugees but no longer through Mexico

AP: Under a program announced Thursday, the U.S. will streamline refugee applications for Ukrainians and others fleeing the fighting, but will no longer routinely grant entry to those who show up at the U.S.-Mexico border seeking asylum. See also Biden administration taking heat for new Ukrainian settlement program.

 

Swing-state Democrats turn on Biden over Title 42 border decision

CNN: The Democratic rebellion against President Joe Biden’s plans to lift pandemic-era border restrictions is growing, as candidates in marquee races from Nevada to New Hampshire break with the administration and Republicans turn immigration into a centerpiece of their midterm election messaging. See also Two border mayors come out in support of ending Title 42.

 

Anti-immigration activists are dominating YouTube

Politico: The report, which includes research in key swing states, shows that YouTube has proved to be a critical space for shaping opinion on immigration — and even influencing voting patterns. It also looks at how immigration advocates and opponents have used starkly different messaging strategies, with opponents largely being more effective by investing in digital media and tailoring their messages to undecided voters.

 

US immigration agency explores data loophole to obtain information on deportation targets

Guardian: US Immigration and Customs Enforcement (ICE) has contracted with private data brokers to get around some areas’ sanctuary laws, documents show

Cuba-U.S. talks in Washington ‘focused on migration’ -State Dept

Reuters: U.S. and Cuban officials met in Washington for talks about migration on Thursday as the United States seeks to quell rising numbers of people attempting to cross its southern border, including increasing numbers of Cubans.

 

As COVID restrictions ended, a busy winter for asylum-seekers at the Canada border

Reuters: In December, Royal Canadian Mounted Police intercepted 2,811 asylum-seekers crossing the border outside formal land ports of entry, the vast majority crossing into Quebec. In January and February they intercepted 2,382 and 2,164, respectively – compared to 888 and 808 in January and February of 2019.

 

Watchdog Reports Feds Are Undercounting Border Deaths

Law360: U.S. Border Patrol has been undercounting migrant deaths along the U.S.-Mexico border, compromising the data provided to lawmakers overseeing the agency’s efforts to reduce migrant deaths in the area, according to the U.S. Government Accountability Office.

 

Indianapolis to get new immigration court next year: Justice

AP: A new immigration court will open in Indianapolis next year, taking over the state’s cases from a court in Chicago, the Executive Office for Immigration Review of the U.S. Justice Department said Tuesday. See also EOIR to Stop Holding Hearings in Pittsburgh on Sidney Street.

 

LITIGATION & AGENCY UPDATES

 

Supreme Court weighs policy for migrants to wait in Mexico

AP: Arrested after the encounter with U.S. agents, Úbeda learned two days later that he could not pursue asylum in the United States while living with a cousin in Miami. Instead, he would have to wait in the Mexican border city of Tijuana for hearings in U.S. immigration court under a Trump-era policy that will be argued Tuesday before the U.S. Supreme Court.

 

Matter Of Dingus, 28 I&N Dec. 529 (BIA 2022)

BIA:   If  a  State  court’s  nunc  pro  tunc  order  modifies  or  amends  the  subject  matter  of  a  conviction  based  on  a  procedural  or  substantive  defect  in  the  underlying  criminal  proceedings,  the  original  conviction  is  invalid  for  immigration  purposes  and  we  will  give full effect to the modified conviction; however, if the modification or amendment is  entered  for  reasons  unrelated  to  the  merits  of  the  underlying  proceedings,  the  modification  will  not  be  given  any  effect  and  the  original  conviction  remains  valid.

 

4th Circ. Says Bad Advice Can’t Stop Ex-Citizen’s Deportation

Law360: The Fourth Circuit upheld a Virginia federal court’s decision to deport a Mexican native whose U.S. citizenship was revoked, saying his reliance on poor advice from his former attorney did not prevent him from knowing his risk for deportation.

 

Full 5th Circ. Won’t Redo Order Upending In Absentia Removal

Law360: The full Fifth Circuit kept intact a panel ruling that a multipart notice to appear tainted an immigrant’s in absentia removal order, but sparked a judge’s scathing dissent that the court wrongly blew wide open the deportation cases of thousands.

 

Feds Use 6th Circ. Ruling In Bid For 5th Circ. DACA Revival

Law360: The Biden administration is relying on a week-old Sixth Circuit ruling reinstating its policy prioritizing certain migrants for removal, as it presses the Fifth Circuit to crack open a judge’s permanent block on the Deferred Action for Childhood Arrivals program.

 

Feds Claim Immunity Over Alleged Wrongful ICE Detention

Law360: The U.S. government is claiming sovereign immunity to shake off the majority of a Washington district court lawsuit from a man accusing immigration officials of wrongfully imprisoning him, falsely affiliating him with gangs and stripping him of Deferred Action for Childhood Arrivals benefits.

 

Biden Administration to Streamline Humanitarian Parole Process for Ukrainians and Expand Refugee and Visa Processing for Ukrainians

AILA: “Uniting for Ukraine” will create a streamlined process to consider Ukrainians for humanitarian parole and work authorization in the U.S. DOS will expand refugee processing and NIV appointments for Ukrainians. Ukrainians presenting at land POEs without visas or preauthorization will be denied entry.

 

DHS Notice of Designation of Ukraine for Temporary Protected Status

AILA: DHS notice of designation of Ukraine for Temporary Protected Status (TPS) for 18 months, effective 4/19/22 through 10/19/23. (87 FR 23211, 4/19/22)

 

DHS Notice of Designation of Sudan for Temporary Protected Status

AILA: DHS notice of designation of Sudan for Temporary Protected Status (TPS) for 18 months, effective 4/19/22 through 10/19/23. (87 FR 23202, 4/19/22)

 

Biden Administration to Streamline Humanitarian Parole Process for Ukrainians and Expand Refugee and Visa Processing for Ukrainians

AILA: “Uniting for Ukraine” will create a streamlined process to consider Ukrainians for humanitarian parole and work authorization in the U.S. DOS will expand refugee processing and NIV appointments for Ukrainians. Ukrainians presenting at land POEs without visas or preauthorization will be denied entry.

 

EOIR Rescinds Policy Memoranda 19-05, 21-06, and 21-13

AILA: EOIR rescinded PM 19-05, Guidance Regarding the Adjudication of Asylum Applications Consistent with INA § 208(d)(5)(A)(iii); PM 21-06, Asylum Processing; and PM 21-13, Continuances.

 

DHS 5-Day Notice and Request for Comments on New MPP Disenrollment Request System

AILA: DHS 5-day notice and request for comments on a new public-facing Migrant Protection Protocols (MPP) Disenrollment Request website. Comments are due 4/26/22. (87 FR 23879, 4/21/22)

 

CBP Request for Public Input

AILA: CBP request for public input on CBP processes, programs, regulations, collections of information, and policies for the agency to consider modifying, streamlining, expanding, or repealing in light of recent executive orders. Comments will be accepted through 6/21/22.

 

DHS Extends COVID-19 Vaccination Requirements for Non-U.S. Travelers Entering at the Canadian and Mexican Borders

AILA: DHS announced it will extend Title 19 requirements and require non-U.S. travelers entering the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated against COVID-19 and provide proof of vaccination upon request.

 

RESOURCES

 

EVENTS

NIJC EVENTS

 

GENERAL EVENTS

 

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Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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Thanks, Elizabeth!

🇺🇸Due Process Forever!

PWS

04-26-22

 

 

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