THE GIBSON REPORT — 07-18-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney — NIJC — HEADLINERS: Backlogs, Backlogs, Everywhere; Irresponsible GOP White Nationalist Fed Judges & State AGs Leave ICE Enforcement In Shambles; OIL Issues Court Remand  Guidelines; NIJC On Fighting Misuse Of Police Reports By EOIR; 10th Finds Crime Of “Encouraging” Unconstitutional; Senate Near Immigration Deal That Could Ease Inflation?

 

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

 

U.S. ban on ‘encouraging’ illegal immigration unconstitutional, court rules

Reuters: The 10th U.S. Circuit Court of Appeals in a 2-1 decision said the law, which is part of a broader statute barring human smuggling, criminalizes “vast amounts of protected speech” such as urging family members to remain in the U.S. after their visas expire or informing non-citizens about available social services.

 

ICE issues policy to protect parental rights of immigrant detainees

CBS: The head of U.S. Immigration and Customs Enforcement (ICE) has directed agents to take several steps to protect the parental rights of immigrant detainees with underage or incapacitated children, according to an agency memo published Thursday.

 

Immigration agency backlog weighs on congressional offices

Roll Call: One House office said their USCIS-related casework in 2021 was more than triple what it was in 2020, while another reported receiving more than a dozen USCIS-related requests each day from constituents.

 

Pace of Immigration Court Processing Increases While Backlog Continues to Climb TRAC: The latest case-by-case records show that the Immigration Court backlog reached 1,821,440 at the end of June 2022. This is up 25 percent from the backlog just at the beginning of this fiscal year.   Government Inaction on Immigration Paperwork Leads to Record High Lawsuits

TRAC: The federal government is facing a flurry of lawsuits for failing to take action on a variety of immigration-related applications. In May 2022, the federal civil courts recorded 647 immigration-related lawsuits for writs of mandamus (a type of lawsuit that seeks to compel the government to take a lawful action) and other immigration actions, the vast majority of which were linked to procedural delays or decisions by the Department of Homeland Security.

 

Migrants from multiple countries overwhelm US-Mexico border, adding to Biden administration’s challenges

CNN: According to the Department of Homeland Security, more than 6 million Venezuelan refugees and migrants have fled the country. See also Asylum wait lists at US border frustrate, confuse migrants.

 

The Senate is nearing a deal on immigration that could also lower food prices

NPR: It would do this by allowing more farmers — like dairy and pork producers — to hire temporary workers year-round. Currently, year-round employers cannot use that worker visa program, known as the H-2A temporary agricultural program used by seasonal employers. It would also satisfy some goals for labor rights advocates by providing a pathway to legalization for workers who show a dedicated history of farm work.

 

U.S. simplifies application process for Afghan special immigrant visa

Reuters: The United States will simplify the application process for Afghan special immigrant visas with applicants only needing to file one form, according to a statement issued on Monday by the Department of Homeland Security (DHS).

 

Deportation Guidelines Back in Limbo After Two Opposing Court Rulings

Truth Out: While the Court unexpectedly decided to allow Biden to end the Trump-era Remain in Mexico policy, it is still unclear what the Supreme Court will decide regarding deportations. In the interim, the fate of immigrants attempting to migrate to the country will be in the hands of local Immigration and Customs Enforcement officers’ own determinations.

 

Mexico agrees to invest $1.5B in ‘smart’ border technology

AP: A series of agreements the two countries hammered out as their leaders spoke called for several other concrete moves, including expanding the number of work visas the U.S. issues, creating a bilateral working group on labor migration pathways and worker protections and welcoming more refugees. Both also pledged to continue joint patrols for Mexico and Guatemala to hunt human smugglers along their shared border.

 

200+ Immigrant Rights Organizations Urge U.S. House Leadership to Block Efforts to Extend Title 42 Mass Expulsions

ReliefWeb: The amendments passed out of the House Appropriations Committee are particularly harmful because they make Title 42’s rescission contingent on termination of the COVID-19 emergency declaration, a decision with widespread public health and safety ramifications.

 

USCIS Announces New Citizenship Ambassador Initiative

USCIS: To help demystify the naturalization process and share the life-changing impact of U.S. citizenship, USCIS selected eight community leaders across the United States to connect with aspiring citizens. Newly selected citizenship ambassadors will connect eligible populations with the USCIS mission by: Sharing their own experiences with the naturalization process;

Highlighting available information and resources; Emphasizing the advantages of U.S. citizenship; Addressing myths and misconceptions; and Providing inspiration for others pursuing citizenship.

 

LITIGATION & AGENCY UPDATES

 

Red States Pan Immigration Enforcement Memo At High Court

Law360: Texas, Louisiana and 19 other Republican-led states have urged the U.S. Supreme Court to continue blocking the Biden administration from focusing removal efforts only on certain groups of migrants, arguing that not only they but the whole U.S. will suffer from the strategy’s alleged ill effects if it is allowed to go into effect.

 

5th Circ. Says No Address, No Right To Deportation Notice

Law360: The Fifth Circuit said a Guatemalan immigrant couldn’t use a faulty notice to appear in immigration court to contest a 17-year-old removal order, saying he wasn’t entitled to proper notice as he hadn’t given immigration officers his home address.

 

Full 9th Circ. Says Faulty Removal Notice Doesn’t Ruin Case

Law360: The full Ninth Circuit unanimously ruled that the government can prosecute an immigrant for reentering the U.S. after being ordered removed, upholding the validity of the initial deportation order despite defects in the government’s notice for the immigrant to appear in immigration court.

 

10th Circ. Strikes Down Immigration Law As Unconstitutional

Law360: The Tenth Circuit struck down as unconstitutional a federal immigration law that made it a crime to encourage noncitizens to enter or live in the United States, saying the law violated free speech protections under the First Amendment.

 

Four women are accusing a nurse at an ICE detention center of sexual assault

CNN: A nurse at the privately run Stewart Detention Center in Lumpkin, Georgia, according to the complaint, took advantage of his position to coerce the women “into giving him access to private parts of their body without medical justification or need.”

 

Lawsuit over covid outbreak at Farmville immigrant detention center settled

WaPo: An immigrant detention center in Virginia’s Farmville community that saw more than 300 inmates infected by the coronavirus in 2020, one of whom died, will be limited to a quarter of its capacity under a federal court settlement.

 

ICE Directive: Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults

ICE: It is the policy of ICE to ensure that the agency’s civil immigration enforcement activities do not unnecessarily disrupt or infringe upon the parental or guardianship rights of noncitizen parents or legal guardians of minor children or incapacitated adults, consistent with all legal obligations and applicable court orders.

 

Time Frame Extended for Uniting for Ukraine Parolees to Comply with Medical Screening and Attestation After Arrival to the United States

USCIS: The U.S. Department of Homeland Security (DHS) has extended the time beneficiaries paroled into the United States under Uniting for Ukraine have to attest to their compliance with the medical screening for tuberculosis and additional vaccinations, if required.

 

USCIS 30-Day Notice of Comment Period for Form I-765

AILA: USCIS notice of additional period for comment on revision of Form I-765. Comments will be accepted until 8/8/22. (87 FR 40855, 7/8/22)

 

CIS Ombudsman Provides Tips for Form I-130 to Avoid Delays and Extra Fees

AILA: The CIS Ombudsman’s Office provides a reminder that USCIS updated the special instructions on its Form I-130, Petition for Alien Relative page to help filers ensure that USCIS sends their form to the correct location after it is approved.

 

OIL Policy on Remanding PFRs

OIL: In addition to the foregoing reasons, OIL will consider remanding cases in order to facilitate exercises of prosecutorial discretion by DHS, or in other circumstances in which DHS believes that reopening of the case before the Board of Immigration Appeals is appropriate (e.g., cases in which a petitioner may have recently become eligible for adjustment of status or presents other equities such that DHS Immigration and Customs Enforcement would not oppose reopening by the Board).

 

RESOURCES

 

NIJC

• Unreliable and Prejudicial: The Role of Police Reports in U.S. Immigration Detention & Deportation Decisions

 

Other

• Immigration Law: An Open Casebook
• AIC: Sign On: EOIR Remedies for Obstacles to Attorney Access in Detention
• AILA: IJC Complaint Toolkit
• AILA: Practice Alert: Affirmative Prosecutorial Discretion Requests May Still Be Made
• AILA: Call for Examples: Principal AOS Applications Being Approved without Derivative Applications
• AILA: Take Action: Tell Congress to Reduce ICE Detention Funding in 2023
• CRS: Federal Agency Rule Expands Asylum Officers’ Authority
• CRS: Nonimmigrant and Immigrant Visa Categories: Data Brief
• ILRC: Overview of California Post-Conviction Relief for Immigrants
• Mehta: A Practical Guide to Spending the 3 and 10 Year Bars in the US
• NIPNLG: Sign-On: Post-Dobbs letter to DHS re enforcement actions and access to abortion care
• USCIS: Readout – USCIS’ Backlog Reduction Efforts

 

EVENTS

 

• 7/20/22 Webinar for Attorneys Currently Representing Families Separated at the Southern Border

• 7/21/22 Rectifying Interpretation Inaccuracies During Removal Proceedings

• 7/21/22 National Engagement on Form I-730 Refugee/Asylee Follow-to-Join Processing

• 7/21/22 PLI: Defending Immigration Removal Proceedings 2022

• 7/21/22 Debunking Myths About U.S. Immigration

• 7/22/22 The Weed Update 2: The Strain Between Recreational Cannabis and Immigration Laws

• 7/26/22 EOIR Stakeholder Meeting: Request for Record of Proceeding

• 7/26/22 USCIS Engagement: Sudan Temporary Protected Status Designation

• 7/27/22 Data Criminalization and Immigration Enforcement

• 7/27/22 USCIS: An Overview of the T Visa, U Visa, and VAWA Self-Petition

• 7/27/22 Substance Use Disorders and Recovery 2022: Representing the Legal Services, Nonprofit, and Pro Bono Client

• 7/27/22 National Asylee Benefits Orientation

• 7/27/22 Counseling Your Client about Exposure to Enforcement and Seeking Prosecutorial Discretion

• 7/28/22 VAWA in 2022: Breaking Barriers and Finding Solutions for Relief

• 7/28/22 Intermediate/Advanced U Visa Topics

• 7/29/22 Immigration Policy in the Biden Era: Promises Kept, Promises Broken, and What Comes Next?

• 8/4/22 Refugee and Asylee Family Reunification

• 8/5/22 Afghans and Humanitarian Parole: We Have to Do Better

• 8/5/22-8/12/22 NITA-NIPNLG “Advocacy in Immigration Matters” Training

• 8/10/22 Preparing Criminal Waivers of Inadmissibility

• 8/10/22-8/11/22 2022 AILA Paralegals Virtual Conference

• 8/16/22 Comprehensive Overview of Immigration Law (COIL)

• 8/16/22 The Child Status Protection Act: Strategies for Keeping the Family Intact

• 8/23/22 Preparing Solid Affidavits of Support: “Show Me the Money!”

• 8/23/22 Comprehensive Overview of Immigration Law (COIL)

• 8/30/22 Naturalization During the Pandemic: “It Was the Best of Times, It Was the Worst of Times”

• 8/31/22 What to Do When You Get a Decision from the Ninth Circuit

• 9/8/22 Post-Conviction Relief: “If I Could Turn Back Time!”

• 9/8/22 Trial Advocacy Skills – Working with Expert Witnesses in Asylum, Withholding of Removal, and Convention Against Torture Claims

• 9/13/22 PLI: Representing Children in Immigration Matters 2022: Effective Advocacy and Best Practices

• 9/14/22 Partial to Full Accreditation Initiative 2022

• 9/15/22 Advanced Mandamus Trends

• 9/20/22 Nonprofit and For-Profit Entity Intersection 2022: Achieving Charitable Goals Through Innovative and Nontraditional Mechanisms

• 9/21/22 Breaking Down the Record in a Ninth Circuit Petition for Review

• 9/22/22 Maximizing Second Chances: Filing Appeals, Motions, and Practicing before the BIA

• 9/29/22 Consular Processing Roundup for Families and Survivors

 

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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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The OIL Guidelines are welcome. Whether they will be uniformly and effectively applied remains to be seen. 

The “real answer,” of course, is better judges and leadership at EOIR and elevation of quality and due process over expediency and the “haste makes waste, anti-immigrant” culture that still permeates far too much of EOIR.

Police reports are an ubiquitous feature of Immigration Court. The NIJC report on why they are “inherently unreliable” and how to contest them should be mandatory reading for all immigration litigators and Federal Judges who hear or review immigration cases.

Finally, on a positive note, the article about the Senate negotiations on agricultural workers reaffirms the inevitability of human migration, its benefit both to the U.S. and to migrants, and the pressing need for additional and more realistic legal avenues for legal immigration. Nolan Rappaport over at The Hill has pointed out on a number of occasions the other areas of potential compromise if the two parties could just get beyond “posturing.”   See, e.g., https://wp.me/p8eeJm-7y4.

🇺🇸Due Process Forever!

PWS

07-19-22