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)
- NEWS
- LITIGATION & AGENCY UPDATES
- RESOURCES
- EVENTS
NEWS
Judge Orders Government to Continue Migrant Expulsions on Border
NYT: A federal judge on Friday blocked the Biden administration from lifting a pandemic-related health order whose scheduled expiration on Monday would have thrown open the doors of the United States to asylum seekers at the border for the first time in more than two years.
LA judge considers Border Patrol’s agreement to settle migrant children case
Spectrum: In the proposed settlement, filed over the weekend in Los Angeles federal court, the border patrol agrees to protocols requiring that detained minors be held in safe and sanitary conditions, not be separated from relatives, and have access to medical evaluations and prompt medical treatment when needed.
Court ruling extends uneven treatment for asylum-seekers
WaPo: The U.S. government has expelled migrants more than 1.9 million times under Title 42, denying them a chance to seek asylum as permitted under U.S. law and international treaty for purposes of preventing the spread of COVID-19. But Title 42 is not applied evenly across nationalities. See also Title 42 has no bearing on decision to cross border, Venezuelan asylum-seeker says; DHS hasn’t seen a ‘significant decrease’ of migrants at the US-Mexico border amid ongoing efforts, Mayorkas tells CNN.
12,212 migrant children reentered U.S. border custody alone in 2021 after being expelled
CBS: Over a 12-month span beginning in October 2020, U.S. Border Patrol agents processed 12,212 unaccompanied migrant minors who had been previously expelled under Title 42, according to internal Customs and Border Protection (CBP) data obtained through a Freedom of Information Act (FOIA) request.
Most people released by immigration authorities do attend their court hearings
Politifact: The in absentia rate for fiscal year 2021 was 10%; for the first quarter of 2022, October to December 2021, it was 18%.
Push For Gov’t-Funded Deportation Defense Gains Steam
Law360: Programs that provide government-funded attorneys to noncitizens facing deportation are becoming more common in cities and states across the country, and immigration advocates hope to harness that momentum to scale up those initiatives to the federal level.
ICE chief defends proposed cut in immigration detention beds
RollCall: The administration asked Congress to provide funding for just 25,000 detention beds — down from the current level of 34,000 — and requested an $87 million increase in funding for programs allowing for alternatives to detention.
DHS watchdog: Migrants weren’t tested for COVID before transport on domestic commercial flights
CBS: The watchdog noted that “without clear COVID-19 testing policies and controls in place to enforce these policies, ERO may transport COVID-19–positive migrants on domestic commercial flights.” The report said the failed policy “risk[ed] exposing other migrants, ERO staff, and the general public to COVID-19.”
Texas educators fear Abbott’s effort to kick undocumented children out of school
Yahoo: According to Higher Ed Immigration Portal, there are 1,644,000 students enrolled in public schools in the state of Texas, 58,255 of them undocumented. The United States as a whole is home to more than 427,000 undocumented students.
LITIGATION & AGENCY UPDATES
La. Judge Slams Brakes On Biden’s Title 42 Repeal Effort
Law360: A Louisiana federal judge ordered President Joe Biden to keep intact a Trump-era order allowing for the swift expulsion of migrants amid the COVID-19 pandemic, ruling Friday that two dozen states would likely prove they weren’t provided enough notice when the administration announced plans to end the policy.
LexisNexis: A court filing on Saturday May 21, 2022, seeks U.S. Judge Dolly M. Gee’s preliminary approval of the settlement. The border patrol has agreed to a wide range of protocols requiring that detained minors are held in safe and sanitary conditions, not be separated from relatives, and have access to medical evaluations and prompt medical treatment when needed.
If You Say You’re Filing A BIA Brief, File It, 3rd Circ. Says
Law360: Petitioners before the Board of Immigration Appeals don’t have to file a brief supporting their appeal, but if they say they will and do not, the board can dismiss the case, the Third Circuit ruled Friday in affirming the dismissal of a Salvadoran man’s asylum request.
5th Circ. Raps Judge’s Credibility Ruling, Revives Asylum Bid
Law360: The Fifth Circuit revived claims that an asylum-seeker feared police brutality in Cameroon, saying that an immigration judge wrongly deemed him untruthful based on government reports that had never been “identified, referenced or discussed” during his court hearing.
7th Circ. Wary Of Reviving Ill. Counties’ Immigration Law Fight
Law360: A Seventh Circuit panel seemed unconvinced Wednesday by two Illinois counties’ argument that they should be able to pursue a constitutional challenge to a law Gov. J.B. Pritzker signed last year, which blocks immigration detention contracts with the federal government.
ICE, GEO Group Sued Over Suicide Of Man Detained In Calif.
Law360: The daughter of a man who died by suicide in an immigration detention facility is suing U.S. Immigration and Customs Enforcement, GEO Group Inc., which runs the facility, and the city of McFarland, California, saying they ignored the man’s mental illness and tortured him by putting him in solitary confinement, leading to his death.
Legal advocates sue US over Iranian-born scholar’s treatment
AP: The civil rights complaint alleges that Customs and Border Protection officers denied Shamloo and her husband entry to the U.S. based on their Iranian birth and violated procedures by demanding DNA samples. They and their two children are Canadian citizens.
DOS Announces Reinstatement of the Cuban Family Reunification Parole Program
AILA: DOS announced plans to reinstate the Cuban Family Reunification Parole Program (CFRP) and increase capacity for consular services in Cuba. Limited immigrant visa processing will resume in Havana, but most immigrant visa cases will still be processed at the U.S. Embassy in Georgetown, Guyana.
DHS Notice of Designation of Afghanistan for TPS
AILA: DHS notice of the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months, effective 5/20/22 through 11/20/23. (87 FR 30976, 5/20/22)
DHS Notice of Special Student Relief for Afghanistan
AILA: DHS notice suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Afghanistan and who are experiencing severe economic hardship as a result of the situation in Afghanistan. (87 FR 30971, 5/20/22)
DOS Provides Guidance for Ukraine Nationals
AILA: DOS provided updated guidance for nationals of Ukraine seeking to enter or entering the United States. The guidance clarifies information on the Uniting for Ukraine program, nonimmigrant visas, immigrant visas, humanitarian parole, refugee status, and more.
DHS/ALL/PIA-094 Migrant Protection Protocols (MPP) Case Request System
DHS: The MPP Case Request System provides an avenue for individuals to initiate a review of their enrollment in MPP if they believe they should not be included in the program.
Social Security Administration Notice of New Matching Program with DHS
AILA: Social Security Administration (SSA) notice of a new matching program with DHS that sets forth the terms, conditions, and safeguards under which DHS will disclose information to SSA to identify noncitizens who leave the U.S. voluntarily and noncitizens who are removed. (87 FR 30321, 5/18/22)
DOS Announces Suspension of National Visa Center Public Inquiry Telephone Line
AILA: The National Visa Center has suspended its public inquiry telephone line, effective May 23, 2022. Contact information and information on common NIV and IV inquiries are available.
RESOURCES
NIJC RESOURCES
GENERAL RESOURCES
- AILA Shares Key Takeaways from USCIS Engagement on Uniting For Ukraine
- CGRS Multi-User Access: CGRS is excited to announce that our Technical Assistance (TA) Library now supports multiple-user access. If you are working with others (e.g., clinic students, pro bono mentors, or others at your organization) on an asylum case registered with CGRS, you can now share the TA case with them and access the same curated resource library.
- DHS OIG: ICE Did Not Follow Policies, Guidance, or Recommendations to Ensure Migrants Were Tested for COVID-19 before Transport on Domestic Commercial Flights
- End SIJS Backlog Coalition: Frequently Asked Questions About USCIS’s SIJS Deferred Action Policy
- USCIS: Readout of National Public Engagement on Backlog Reduction
- USCIS: Notes from Asylum Division Quarterly Stakeholder Meeting
EVENTS
NIJC EVENTS
- 6/2/22 The Detention Landscape: The Impact of the Illinois Way Forward Act and Castañon-Nava
- 6/28/22 Pro Bono Training: Asylum Pride Part 1
- 6/30/22 Pro Bono Training: Asylum Pride Part 2
GENERAL EVENTS
- 5/23/22 EOIR Public Forum on Immigration Court and BIA Practice Manuals
- 5/24/22 Current Issues in Afghan Asylum Claims
- 5/24/22 Obstacles to TPS Eligibility
- 5/24/22 Advanced FOIA Techniques
- 5/25/22 Hybrid Workshops: Exploring Workshop Innovations and Considering the Future of the Group Application Assistance Model
- 5/26/22 LSP Roundtable on Afghan Asylum Interviews
- 6/6/22 Strategies for Maximizing CGRS Technical Assistance in Fear-of-Return Claims
- 6/7/22 Asylum and Employment Authorization
- 6/7/22 Webinar Series: Overview of Citizenship: Acquisition, Derivation and Naturalization
- 6/8/22 ASISTA: Immigration Practice & Policy for Survivors: What’s New & What’s Next
- 6/8/22 Naturalization for People with Disabilities
- 6/10/22 Representing Immigrant Survivors During & Post-Covid: Considerations for Attorneys and Advocates
- 6/14/22-6/15/22 NIPNLG 2022 Annual Pre-AILA Crimes & Immigration Seminar
- 6/15/22 Preparing Your Client to Testify & for their USCIS Interview
- 6/20/22 NIPNLG’s Removal Defense Course
- 6/20/22-6/29/22 NIPNLG’s Removal Defense Course
- 6/22/22 Introduction to Immigrant Visa Consular Processing
- 7/5/22 Comprehensive Overview of Immigration Law (COIL)
- 7/13/22 CGRS Using Universal Expert Declaration in Immigration Court
- 8/31/22 What to Do When You Get a Decision from the Ninth Circuit
- 9/26/22 Comprehensive Overview of Immigration Law (COIL)
To sign up for additional NIJC newsletters, visit: https://immigrantjustice.org/subscribe.
You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.
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.orgwww.immigrantjustice.org | Facebook | Twitter
*********************
Thanks, Elizabeth.
🇺🇸 Due Process Forever!
PWS
O5-24-22