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 content 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
- NEWS
- LITIGATION & AGENCY UPDATES
- RESOURCES
- EVENTS
PRACTICE ALERTS
USCIS Preparing to Resume Public Services on June 4
Secretary Mayorkas Designates Afghanistan for Temporary Protected Status
CBP General Notice Regarding Electronic Form I-94s Instead of Paper at Land Ports of Entry
NEWS
One-Third of New Immigration Court Cases Are Children; One in Eight Are 0-4 Years of Age
TRAC: The largest segment where age was recorded, some 32,691, were children from zero to four years of age. This represents 12 percent of cases received this fiscal year, or a little less than one out of every eight.
DHS withdraws Trump-era rule that expanded quick deportations
Reuters: DHS in a notice published in the Federal Register said the “expedited removal” process is best focused on people who recently entered the U.S. and remain in close proximity to the border, rather than those targeted by Trump’s sweeping 2019 expansion, who have been in the country longer and developed ties to their communities.
MSN: The administration’s announcement that it would provide “temporary protected status,” or TPS, for Afghans came weeks after the Department of Homeland Security granted the same protections for Ukrainians living in the United States. See also More than 44,000 Afghans tried for a fast track to the U.S. About 200 have gotten it; Russians are blocked at US border, Ukrainians are admitted.
Watchdog recommends relocation of detainees from ICE facility, citing unsanitary conditions and staff shortages
CBS: The Department of Homeland Security Office of Inspector General (OIG) issued a damning report on Friday documenting unsanitary conditions, staff shortages and security lapses at ICE’s Torrance County Detention Center in New Mexico. The OIG found the conditions so unsafe that it took the highly unusual step of urging ICE to immediately remove all persons detained at the facility. ICE is refusing to comply with this recommendation and has contested the integrity of the OIG’s investigation.
US seeks regional approach to migration and asylum seekers
AP: Faced with the likelihood of eventually reopening its southern border to asylum seekers, the United States government is urging allies in Latin America to shore up immigration controls and expand their own asylum programs.
Notable opinions by high court nominee Ketanji Brown Jackson
AP: In 2019, Jackson temporarily blocked the Trump administration’s plan to expand fast-track deportations of people in the country illegally, no matter where they are arrested.
Politico: When it comes to immigration, Durbin said, “I don’t want to hear the word reconciliation,” referring to the budgetary rules that can allow for the Senate to sidestep a filibuster. “That holds up false hope. … The question is: is there anything we can do on the subject of immigration that can win 60 votes in the Senate? We’re going to test that.”
Immigrants with asylum put lives on hold over green card waits
RollCall: For green card applications filed by people with asylum, the wait ranges from 25 to 52 months, or more than four years, according to the USCIS website. See also Visa limbo for immigrants in U.S.; U.S. Work-Permit Backlog Is Costing Immigrants Their Jobs.
WaPo: The towers use thermal imaging, cameras and radar to feed an artificial intelligence system that can determine whether a moving object is an animal, vehicle or person, and beam its location coordinates to U.S. Border Patrol agents.
LITIGATION & AGENCY UPDATES
BIA AMICUS INVITATION (VACATUR OF A CRIMINAL CONVICTION), Due Date: April 6, 2022
BIA: What factors should the Board weigh when considering an untimely motion to reopen that is premised on a vacatur of a criminal conviction?
Matter of C. MORGAN, 28 I&N Dec. 508 (BIA 2022).
BIA: Larceny in the third degree under section 53a-124(a) of the Connecticut General Statutes is not a theft offense aggravated felony under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(G) (2018), because it incorporates by reference a definition of “larceny” under section 53a-119 of the Connecticut General Statutes that is overbroad and indivisible with respect to the generic definition of a theft offense. Almeida v. Holder, 588 F.3d 778 (2d Cir. 2009), and Abimbola v. Ashcroft, 378 F.3d 173 (2d Cir. 2004), not followed.
April argument calendar features cases on Trump-era asylum policy and praying football coach
SCOTUSblog: Biden v. Texas (April 26): Whether the Department of Homeland Security must continue to enforce the Migrant Protection Protocols, a policy begun by President Donald Trump that requires asylum seekers at the southern border to stay in Mexico while awaiting a hearing in U.S. immigration court.
Judge Revives Suits Over Denied Travel Ban Waivers
Law360: Foreigners locked out of the U.S. due to former President Donald Trump’s now-defunct travel bans will get a new chance to fight their case, after a California federal judge reopened two lawsuits over the policy on Tuesday.
CA5: HIV Status Not Enough To Halt Deportation
Law360: A recent HIV diagnosis alone does not put a Mexican national at greater risk of state-sanctioned violence if he’s returned home, the Fifth Circuit ruled Monday in a unanimous published opinion denying the man’s asylum bid.
Unpub. CA5 Credibility, CAT Remand: Thraiyappah V. Garland
LexisNexis: Because the BIA erred in concluding its affirmance of the IJ’s adverse credibility determination effectively disposed of Thraiyappah’s pattern-or-practice claim for CAT protection based on his Tamil ethnicity, we Grant the petition, Vacate in part and Remand to the BIA.
CA11: BIA Must Rethink Removal For Burglary Of Empty Dwelling
Law360: A man facing deportation from the U.S. for burglarizing an empty Florida property got another chance to challenge his removal after the Eleventh Circuit questioned a finding by immigration judges that his crime constituted “moral turpitude.”
ACLU Seeks ICE Docs To Check On Biden Reform Promise
Law360: The Massachusetts chapter of the American Civil Liberties Union sued U.S. Immigration and Customs Enforcement Wednesday seeking records it says will show whether the Biden administration followed through on a promise to reform immigration enforcement policies.
USCIS Releases Updated Information on Rosario Class Action
AILA: USCIS stated that following the February 7, 2022, court decision in Asylumworks v. Mayorkas, USCIS must process all initial EAD applications from asylum applicants within 30 days. Given certain conditions regarding Form I-765, some applicants may be considered Rosario class members.
DHS Notice Rescinding 2019 Expedited Removal Notice
AILA: Advance copy of DHS notice rescinding the July 23, 2019, notice Designating Aliens for Expedited Removal, which expanded the application of expedited removal procedures. The notice will be published in the Federal Register on 3/21/22 and will be effective on that date.
DHS Designates Afghanistan for TPS for 18 Months
AILA: Secretary of Homeland Security Mayorkas announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. The designation will take effect upon publication of a forthcoming Federal Register notice, which will also include instructions for applying for TPS and an EAD.
AG Issues Memorandum on FOIA Guidelines
AILA: The Attorney General issued a memo to heads of executive departments and agencies with guidelines for the fair and effective administration of the Freedom of Information Act (FOIA). The memo includes guidelines for removing barriers to access and reducing FOIA request backlogs, among other things.
DOS Provides Guidance on Local Filing of Form I-130 Petitions
AILA: DOS states that U.S. citizens physically present overseas with their Afghan, Ethiopian, and Ukrainian immediate family members can request to locally file a Form I-130 petition at the nearest U.S. embassy or consulate that processes immigrant visas. DOS specifies who citizens can file for.
DHS Extends Validity of Certain EADs Issued Under TPS for Somalia
AILA: DHS has automatically extended the validity of certain EADs with a Category Code of A12 or C19 issued under TPS for Somalia through September 12, 2022. Information on updating expiration dates and reverification is available.
ICE Issues Guidance on Protections for Noncitizen Victims of Crime
AILA: ICE issued directive 10036.2, which states that ICE personnel are generally prohibited from using or disclosing information protected by Section 1367 to anyone other than DHS or DOJ employees. This includes information on applicants for T & U visas, continued presence, or VAWA based benefits.
Third Extension of Effective Date of USCIS Temporary Final Rule on Interpreters at Asylum Interviews
AILA: USCIS temporary final rule extending the expiration date of the temporary final rule on interpreters at asylum interviews published at 85 FR 59655, which was set to expire on 3/16/22, through 3/16/23. (87 FR 14757, 3/16/22)
RESOURCES
- AIC: New Biden Administration SIJS Policies Offer Crucial Protections for Immigrant Youth
- AIC: Immigration and Customs Enforcement Issues Annual Report—What Does It Really Mean?
- ICE: Standard Operating Procedures Detention Facility Termination of Agreement
- ILRC: TPS and Asylum: Can I Apply for Both?
- ILRC: Deferred Action and Work Permits for Young People with Special Immigrant Juvenile Status (SIJS)
- MPI: Frequently Requested Statistics on Immigrants and Immigration in the United States
- MPI: The World Is Witnessing a Rapid Proliferation of Border Walls
EVENTS
NIJC EVENTS
- 4/12/22 Pro Bono Training: Representing Immigrant Survivors Of Domestic Violence (VAWA)
- 5/18/22 Pro Bono Training: Representing Immigrant Survivors Eligible For U Visas
GENERAL EVENTS
- 3/21/22 International Day for the Elimination of Racial Discrimination
- 3/21/22 Comprehensive Overview of Immigration Law (COIL)
- 3/22/22-3/23/22 Hot Topics in Removal Defense and Asylum Law
- 3/23/22 Race, Citizenship, and Political Inequality
- 3/23/22 Intermediate Intensive VAWA Training
- 3/23/22 USCIS: Citizenship Promotion for Special Immigrant Juveniles, T and U Nonimmigrants, and VAWA Self- Petitioners Engagement
- 3/24/22 TPS, Adjustment, and Alternate Relief
- 3/29/22 What U Practitioners Should Know in 2022: Monitoring Developments in U Visa Practice
- 4/1/22 EOIR – Chicago Model Hearing Program
- 4/5/22 Intensive T Visa Declaration Workshop
- 4/6/22 Initial TPS Applications
- 4/7/22 Motions Before the Board of Immigration Appeals
- 4/12/22 Introduction to Bond Proceedings
- 4/12/22 Preparing Military Naturalization Applications: What You Need to Know
- 4/12/22-5/3/22 Webinar Series: Selected Issues in Inadmissibility
- 4/21/22 Monthly NIPNLG Removal Defense Webinar: Hot Topics in SIJS
- 4/27/22 U Visa RFEs
- 4/28/22 Motions to Reopen Removal Proceedings
- 5/3/22 The Family Visa Petition
- 5/4/22 California Pardons and Post-Conviction Relief
- 5/6/22-5/13/22 NITA-NIPNLG “Advocacy in Immigration Matters” Training
- 5/10/22 Asylum Claims for Young People
- 5/17/22 Advocating for Prosecutorial Discretion for Clients in Removal Proceedings
- 5/18/22 Pro Bono Training: Representing Immigrant Survivors Eligible For U Visas
- 5/19/22 Special Immigrant Juvenile Status: Your Client’s I-360 Is Approved, Now What?
- 5/24/22 Obstacles to TPS Eligibility
- 6/7/22 Asylum and Employment Authorization
- 6/8/22 Naturalization for People with Disabilities
- 6/22/22 Introduction to Immigrant Visa Consular Processing
- 7/5/22 Comprehensive Overview of Immigration Law (COIL)
- 9/26/22 Comprehensive Overview of Immigration Law (COIL)
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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.orgwww.immigrantjustice.org | Facebook | Twitter
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Many congrats to Attorney Shernette G. Noyes of Stratford, CT for doing the near impossible: Notching a well-deserved win for an immigrant in a “crimmigration” case before one of the toughest BIA panels this side of Dodge City!
Noyes & Associates LLP
Stratford, CT
PHOTO: Noyes & Associates LLP
🇺🇸Due Process Forever!
PWS
03-23-22