COVID-19
Note: Policies are rapidly changing, so please verify the latest policies on the relevant government websites and with colleagues on listservs as best you can.
New
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TOP NEWS
OIRA Concludes Review on USCIS Final Rule Fee Rule
On 7/22/20, the Office of Information and Regulatory Affairs (OIRA) completed review of a final rule increasing many of USCIS’s filing fees. AILA anticipates that the Federal Register will post a copy of the rule for public inspection in the coming days, before publishing it officially. AILA Doc. No. 20072402
Immigration agency pushes back 13,000 furloughs until the end of August
CNN: Earlier this week, two Democratic senators are called on the agency to postpone its planned furloughs. The request came after revised estimates showed the agency will end the fiscal year with a surplus, not the originally projected deficit, according to the lawmakers.
Canada court rules ‘Safe Third Country’ pact with U.S. invalid, cites detention risk
Reuters: A Canadian court on Wednesday ruled invalid a bilateral pact that compels asylum seekers trying to enter Canada via the American border to first seek sanctuary in the United States, saying U.S. immigration detention violates their human rights.
Trump Sued Over Attempt To Omit Unauthorized Immigrants From A Key Census Count
NPR: Trump now faces a total of three new federal lawsuits that are joining ongoing legal challenges surrounding the 2020 census. A fourth lawsuit may be coming from California State Attorney General Xavier Becerra’s office, which is planning to file a complaint against the Trump administration, Sarah Lovenheim, an adviser to Becerra, tells NPR.
Homeland Security Dept. Admits Making False Statements in Fight With N.Y.
NYT: The surprise admission came as the Trump administration unexpectedly reversed its decision to bar New Yorkers from programs that allow travelers to speed through airports.
In Unprecedented Move, AILA Opposes Trump’s Reelection
AILA: For the first time in our nearly 75 year history, AILA has decided to take action and urge our members to oppose the re-election of the President.
The Great Climate Migration
NYT Magazine: Today, 1% of the world is a barely livable hot zone. By 2070, that portion could go up to 19%. Billions of people call this land home.
After Increasing Its Caseload, Attorneys Say Boston’s Immigration Court Is In ‘Disarray’
WBUR: WBUR heard from more than a dozen immigration attorneys in New England who say they’ve had hearings advanced or postponed with no written notice from the federal government. In many cases, the attorneys only discovered the rescheduling by checking an online portal or repeatedly calling the court.
Trump Admin. Risks Penalties For Inaction On DACA
Law360: The Trump administration’s failure to fully restart the Deferred Action for Childhood Arrivals program, despite court orders telling it to do so, leaves the government on shaky legal ground and may put immigration officials at risk of court penalties.
Trump Cuts Legal Immigrants By Half And He’s Not Done Yet
Forbes: By next year, Donald Trump will have reduced legal immigration by 49% since becoming president. That will have significant repercussions for the nation’s economic growth, according to a new analysis. The cuts to legal immigration have come in several categories, and it appears the Trump administration is not finished restricting immigration.
A Rare Look Inside Trump’s Immigration Crackdown Draws Legal Threats
NYT: A new documentary peers inside the secretive world of immigration enforcement. The filmmakers faced demands to delete scenes and delay broadcast until after the election.
ICE Courthouse Arrest Bill Reaches Cuomo’s Desk
DocumentedNY: Gov. Andrew Cuomo is expected to sign the bill that would bar arrests in and around courthouses without a judicial warrant.
Isolated In Their New Country, Refugees Are Sewing — And Innovating — Covid-19 Masks
Gothamist: About a dozen refugees, mostly from Afghanistan, are working from their new residences in New Jersey sewing masks to help protect against COVID-19. Shut out of the regular workforce because of the pandemic, they have produced more than 2,000 $10 organic fabric masks in a variety of styles. The masks are sold online through their resettlement agency’s Global Grace Marketplace, and at local farmers’ markets and fair trade stores across the country.
LITIGATION/CASELAW/RULES/MEMOS
D.C. Circuit Upholds Injunction Against Enforcement of Two of Government’s New Credible Fear Policies
The court affirmed in part the district court’s injunction against enforcement of the government’s new credible fear policies, finding that the “condoned-or-completely-helpless” standard and USCIS’s choice-of-law policy were arbitrary and capricious. (Grace, et al. v. Barr, et al., 7/17/20) AILA Doc. No. 20072134
Human Rights Organizations Charge The United States And Mexico With Systemic Human Rights Violations
CentroLegal: Today the USF Immigration & Deportation Defense Clinic and Migration Studies program in conjunction with 40 organizations who do work in Honduras, Mexico, Guatemala, El Salvador, and the United States filed a request for a thematic hearing before the Inter-American Commission on Human Rights.
BIA Says §13-3407 of the Arizona Revised Statues is Divisible with Regard to the Specific Drug Involved in Violation
The BIA issued a decision stating that §13-3407 of the Arizona Revised Statues, which criminalizes possession of a dangerous drug, is divisible with regard to the specific “dangerous drug” involved in a violation of that statute. Matter of P-B-B-, 28 I&N Dec. 43 (BIA 2020) AILA Doc. No. 20072336
CA2 Equitable Estoppel and USCIS Misconduct
Justia: The court held that the government is equitably estopped from initiating rescission proceedings to reopen plaintiff’s adjustment of status application or placing her in removal proceedings. In this case, the undisputed facts show that USCIS failed to issue a rejection notice, despite controlling regulation and, consequently, plaintiff was not advised of any defect in her application, depriving her of the opportunity to correct the issue.
CA2 Finds Petitioners’ New York Firearms Convictions Were Not Removable Offenses
Applying the categorical approach, the court held that the BIA erred in finding the petitioners removable for having been convicted of a firearms offense under the INA, because their New York convictions criminalized conduct that the INA does not. (Jack v. Barr, 7/16/20) AILA Doc. No. 20072135
CA4 Says Convictions for Leaving an Accident and Using False Identification in Virginia Are Not CIMTs
The court held that the petitioner’s convictions for leaving an accident in violation of Va. Code Ann. §46.2–894 and for using false identification in violation of Va. Code Ann. §18.2–186.3(B1) were not categorically crimes involving moral turpitude (CIMTs). (Nunez-Vasquez v. Barr, 7/13/20) AILA Doc. No. 20072033
CA5 Rejects Petitioner’s Argument That BIA Acted Ultra Vires by Applying a Heightened Standard to His Waiver Application
The court found that the petitioner’s contention that the BIA should have weighed the equities more in his favor failed to establish that the agency had acted ultra vires by applying a heightened standard to his waiver of inadmissibility application. (Nastase v. Barr, 7/1/20) AILA Doc. No. 20072034
CA6 Finds Petitioner Failed to Show That She Would Likely Be Tortured in Bosnia
The court upheld the BIA’s denial of deferral of removal, finding that nothing in the record proved that any mistreatment the petitioner might face in Bosnia due to her family ties and criminal past was more likely than not to rise to the extreme level of torture. (Kilic v. Barr, 7/10/20) AILA Doc. No. 20072131
CA6 Finds BIA Failed to Consider Evidence of Russian Petitioner’s Threatened Prosecution in Assessing His Asylum Claim
Granting the petition for review, the court held that the BIA erred in disregarding evidence that the petitioner, who had engaged in anticorruption whistleblowing activities, would be criminally prosecuted for his political opinion if he was returned to Russia. (Skripkov v. Barr, 7/20/20) AILA Doc. No. 20072192
CA7 Upholds Denial of Asylum to Petitioner Who Feared Life as an Openly Gay Woman in Mexico
The court upheld the BIA’s denial of asylum to the Mexican petitioner, who sought relief based on threats of physical violence she had received because of her gay sexual orientation, concluding that substantial evidence supported the agency’s decision. (Escobedo Marquez v. Barr, 7/13/20) AILA Doc. No. 20072132
CA8 Finds It Lacks Jurisdiction to Consider Petitioner’s Arguments Concerning Changed Country Conditions in Somalia
The court held that it lacked jurisdiction to review the vast majority of the petitioner’s arguments concerning his motion to reopen his asylum and withholding of removal claims based on changed country conditions in Somalia. (Sharif v. Barr, 7/7/20) AILA Doc. No. 20072233
CA9 Upholds Injunction Barring DOJ from Withholding Byrne JAG Awards, But Limits Scope to California
The court affirmed the district court’s permanent injunction barring DOJ from withholding or denying Edward Byrne Memorial Justice Assistance Grants to plaintiffs, but limited the geographical reach of the injunction to California. (City and County of San Francisco v. Barr, et al., 7/13/20) AILA Doc. No. 20072235
CA9 Says Conviction for Petty Theft in California Is a CIMT
The court held that petitioner’s conviction for petty theft in California was a CIMT, and that the BIA did not abuse its discretion in denying his motion to reopen to seek asylum based on changed country conditions in the Philippines. (Silva v. Barr, 7/10/20) AILA Doc. No. 20072234
CA11 Finds USCIS’s Denial of Form I-129 Was Final Agency Action Where Intended Beneficiary’s Removal Proceedings Were Ongoing
The court held that the denial of the plaintiffs’ Form I-129 was final agency action under the Administrative Procedure Act (APA), and that INA §242(b)(9) and (g) did not bar the plaintiffs’ challenge to the visa petition denial. (Canal A Media Holding, LLC, et al. v. USCIS, et al., 7/8/20) AILA Doc. No. 20072200
CA11 Says BIA’s Application of Stop-Time Rule to Petitioner’s 1995 Conviction Was Impermissibly Retroactive
The court held that the BIA erred in retroactively applying the stop-time rule to the petitioner’s pre-Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) conviction, and thus that he was eligible for cancellation of removal. (Rendon v. Att’y Gen., 7/14/20) AILA Doc. No. 20072103
Presidential Memorandum on Excluding Undocumented Immigrants from the Apportionment Base Following the 2020 Census
President Trump issued a memo on 7/21/20 noting that for the purpose of the reapportionment of representatives following the 2020 census, any immigrants who are not in a lawful immigration status under the INA will be excluded from the apportionment base. (85 FR 44679, 7/23/20) AILA Doc. No. 20072100
ICE Issues Follow-Up Guidance for Students for Fall 2020 School Term
ICE SEVP issued follow-up guidance stating that active F and M students, as well as schools, should abide by SEVP guidance originally issued in March 2020, which enables schools and students to engage in distance learning in excess of regulatory limits due to COVID-19. AILA Doc. No. 20072492
CIS Ombudsman Provides Update on Card Production Delays at USCIS
The CIS Ombudsman’s Office provided an update regarding card production delays at USCIS, which are expected to continue for the foreseeable future. The Ombudsman’s Office is assisting individuals by sending weekly spreadsheets to USCIS to verify card requests are in line to be processed. AILA Doc. No. 20072232
USCIS Launches Updated Website
USCIS launched updated versions of all USCIS websites, including uscis.gov, myUSCIS, and Case Status Online. The updates include a new look to all USCIS websites, an “Explore My Options” feature to the forms section, enhanced on-page search and filter-by features, and more. AILA Doc. No. 20072133
RESOURCES
EVENTS
Note: Check with organizers regarding cancellations/changes
ImmProf
Monday, July 27, 2020
Sunday, July 26, 2020
Saturday, July 25, 2020
Friday, July 24, 2020
#NoMuslimBanEver
Thursday, July 23, 2020
Wednesday, July 22, 2020
Tuesday, July 21, 2020
Monday, July 20, 2020
Item #3 under “Top News” on how a Canadian court has held that the U.S. is no longer a “safe” country for refugees is not surprising, but serves as a confirmation of how far America has fallen under Trump’s White Nationalist kakistocracy.