"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
THE GIBSON REPORT — 05-31-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — More Restrictionist Myths Exposed, Graduating Dreamers, U.S. Employers Left “Twisting in the Wind”🤮 & Other Developments In The World Of Human Rights!
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.
Hill: DACA was put in place as a temporary stopgap in 2012, giving the right to work and study, and deferral from potential deportation, to undocumented immigrants who arrived in the country as minors before 2007… Only a quarter of 2022 undocumented graduates would be eligible for DACA, making it the first graduating class since the policy’s been in place to have a majority of post-DACA undocumented graduates.
Law360: The U.S. Senate on Thursday voted down a resolution under the Congressional Review Act that could have overturned President Joe Biden’s policy vesting asylum officers with greater power over asylum. See also Biden prepares asylum overhaul at border, but court challenges loom.
WGBH: In a letter sent Thursday to the Office of the Inspector General, the delegation wrote they’re concerned over a report that only 15.5% of asylum applicants reviewed by the Boston asylum office between 2015 to 2020 were approved, which is roughly half of the national average of 28%. This is the second-lowest in the nation after the New York asylum office.
The City: With only days left in the legislative session, Albany lawmakers are pushing to put regulations for a largely unregulated immigration bail bond industry, notorious for literally shackling clients with crippling debt and bulky ankle monitors.
AIC: While the data is a small sample size, it paints a clear picture of why detention is so harmful, counter-productive, and arbitrary. For example, 52% were complaints about quality of life/living conditions. The next top complaints were about medical issues. The third category were about abuse & assault (legal access issues came in fourth).
Law360: A coalition of immigration and technology advocacy groups urged Amazon on Tuesday not to provide web hosting services for the U.S. Department of Homeland Security’s biometric information database, citing concerns about the project’s implications for civil liberties and privacy rights.
Harvard Business Review: Ran Abramitzky, a professor at Stanford University, and Leah Boustan, a professor at Princeton, looked at decades of data to understand the real impact that immigrants and their descendants have on America today. Their findings dispel several modern-day myths and suggest that not just political but also corporate leaders need to push for more rational rhetoric and policies.
WBEZ: These challenges are not isolated to the walls of Sullivan. With a record 100 million people displaced around the world, including 3 million Afghans, and the war in Ukraine adding to that tally every day, the Rogers Park school stands as an example of the kinds of challenges and transformations unfolding in schools and communities across the globe.
Law360: The Fifth Circuit is poised to consider the legality of a deportation relief program for immigrants brought to the U.S. as children. As oral arguments come up, Law360 takes a look at what’s happened thus far and what could happen in and outside the courts.
Law360: A Third Circuit panel ruled 2-1 in a precedential decision Thursday that a Dominican man convicted of endangering the welfare of a child could be deported because that crime qualifies as child abuse.
Courtside: Judge Ellen Liebowitz’s compact, cogent, powerful opinion is a terrific “mini-primer” on how PSG and “one central reason” nexus cases properly should be decided.
ACLU: Nine months after the fall of Kabul to the Taliban, USCIS’s abandonment of the humanitarian parole process of Afghans has left the plaintiffs stranded and in danger. After months of waiting, they have received either denials or no responses to their applications. One plaintiff applied for six family members, but tragically lost three of them while awaiting decisions on their applications for humanitarian parole.
Law360: The Biden administration asked a D.C. federal court on Tuesday to undo an order to speedily process green card applications for thousands of Afghan and Iraqi translators, saying the plan is no longer feasible due to chaos abroad and bureaucratic dysfunction at home.
AIC: The case before Mexico’s Supreme Court involved three indigenous Mexican citizens. Immigration officials detained the three siblings due to their appearance and limited proficiency in Spanish. They were held for eight days where the 18-year-old brother was tortured until he signed a document indicating he was from Guatemala, even though he could not read Spanish.
Chugh: As a result of a lawsuit, the United States Citizenship and Immigration Services (USCIS) intends to no longer force certain adjustment of status applicants to leave the United States during their period of inadmissibility. Additionally, USCIS will not reject adjustment of status applications if an applicant was in the United States during the period of inadmissibility without a waiver. The new policy interpretation is still being finalized by the Department of Homeland Security and new USCIS guidance is expected soon.
Law360: A coalition of immigration and technology advocacy groups urged Amazon on Tuesday not to provide web hosting services for the U.S. Department of Homeland Security’s biometric information database, citing concerns about the project’s implications for civil liberties and privacy rights.
USCIS: U.S. Citizenship and Immigration Services reminds the public that we offer immigration services that may help people affected by unforeseen circumstances, including the shooting in Uvalde, Texas.
AILA: Following the USCIS temporary final rule increasing the automatic extension period for EADs, USCIS created the EAD Automatic Extension Calculator to assist employers and employees with determining the EAD expiration date for eligible employees.
AILA: DHS notice stating that the Secretary directed the Homeland Security Advisory Council to establish a subcommittee which will provide findings and recommendations on how DHS can improve its customer experience and service delivery.
AIC: Thirteen people waiting to become U.S. citizens filed a lawsuit challenging U.S. Citizenship and Immigration Services’ unreasonable delays and failure to process U.S. naturalization applications filed in 2020.
LexisNexis: Here are links to two May 21, 2022 CBP Title 42 guidance documents stemming from the Huisha Huisha v. Mayorkas (27 F.4th 718, CADC 2022) litigation. They went into effect at 12:01 a.m. (EDT) on May 23, 2022.
Huisha-Huisha Screening Monitoring: This form is intended to facilitate fact-gathering by advocates who encounter families improperly subject to Title 42 on or after May 23, 2022, due to CBP’s failure to conduct adequate screening to determine whether they fear persecution or torture, as required by Huisha-Huisha v. Mayorkas, 27 F.4th 718 (D.C. Cir. 2022).
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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
Professor Leah Pratt Boustan Economist Princeton University PHOTO: Princeton Website
LEAH BOUSTAN: I think that we’re seeing some of the same anti-immigrant rhetoric today than we’ve seen in the past US history. So we were interested in comparing immigrants that are coming to the U.S. today from all around the world to what we think of as the Ellis Island generation a century ago that faced a lot of anti-immigrant sentiment at the time. But now when we look back with hindsight on that generation, we have a very different view, a nostalgic view that sees those immigrants as contributing to society, building the economy. So we wanted to know are the immigrants that the U.S. is welcoming today on the same path and on the same trajectory as the past?
Honestly, what we find here really surprised both of us because we’ve heard all of the worries and concerns that people all across the aisle, I think, are expressing about immigrants today. That they come from poor countries. That it takes them a while to move up the ladder. So we were really surprised to see this really commonality between the Ellis Island generation and immigrants today. We end up seeing in the data that immigrants from Europe 100 years ago, and immigrants from Asia and Latin America today look like they’re on such a similar trajectory. Despite so many differences between the past and present, we see really a common immigrant story.
Check out the article from Harvard Business Review highlighted by Elizabeth above!
