Registration link: https://www.eventbrite.com/e/immigration-lawyers-saving-lives-and-reuniting-families-registration-317886315527
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Congrats to all concerned!
🇺🇸Due Process Forever!
PWS
05-08-22
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Congrats to all concerned!
PWS
05-08-22
Paul: My colleague Jakki Kelley-Widmer, who runs a 1L immigration clinic at Cornell Law, just won a difficult asylum case before an IJ in Buffalo.This article summarizes the case and mentions all the students who worked on the case over the last few years: https://www.lawschool.cornell.edu/news/1l-immigration-law-clinic-wins-high-stakes-case/?fbclid=IwAR05sriR0Z4lII65_xNMBtGE40f_JOudKSI78qvcIiLQxR3JmbyscmYz9Hc
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1L Immigration Law Clinic Wins High-Stakes Case
By Law School staff
April 27, 2022
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Paul: My colleague Jakki Kelley-Widmer, who runs a 1L immigration clinic at Cornell Law, just won a difficult asylum case before an IJ in Buffalo. This article summarizes the case and mentions all the students who worked on the case over the last few years: https://www.lawschool.cornell.edu/news/1l-immigration-law-clinic-wins-high-stakes-case/?fbclid=IwAR05sriR0Z4lII65_xNMBtGE40f_JOudKSI78qvcIiLQxR3JmbyscmYz9Hc
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LIFE AT CORNELL LAW
Information for: Current Students Alumni
GIVE TODAYNews
1L Immigration Law Clinic Wins High-Stakes CaseBy Law School staff
April 27, 2022
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On March 31, The Cornell Law School’s 1L Immigration Law and Advocacy Clinic won a long-fought, difficult case in the Buffalo Immigration Court for a mother and her young children living on a farm in upstate New York, ensuring that the family will be able to live safely in the United States.
The client had arrived in 2019 from Mexico with three children under ten, including a baby. She was fleeing an abusive husband, to whom she had been forcibly married as a teenager, as well as direct threats of gang violence in her home country, whose government offered her no protection.
Immigration authorities detained her for several weeks in the winter of 2019 before releasing her with a notice to appear in court. She went to her first two court dates unrepresented, because few attorneys in upstate New York take this kind of case. Another nonprofit had already declined to represent her when she contacted Cornell Law’s Immigration Clinic.
“Asylum cases are incredibly difficult to win,” says clinic director Jaclyn Kelley-Widmer. “The process is onerous and takes tremendous resources. My students estimate that, across all the law students involved in the case, interpreters we used, law professors who contributed, volunteers who helped care for the client’s children, and administrative staff who assisted with filing and other logistics, this case took us about 1,000 collective hours over 14 months.”
She adds that the clinic was also partially basing its case on a novel argument related to the client’s marriage, which occurred while she was still a child. “The law students came up with this creative solution and found a path forward to make the claim, including by seeking multiple expert witnesses and researching country conditions to contextualize the client’s story.”
The core team of Jared Flanery ’23 and Tori Staley ’23 (who started as 1Ls) and Gaby Pico ’22 and Rachel Skene ’22 (who started as 2Ls) stayed with it for three semesters. They worked closely with the client, completely in Spanish and almost entirely remotely due to the pandemic and the client’s rural location.
The students conducted extensive research, drafted witness declarations, and wrote the briefing, involving three separate legal arguments. They also took on the trial, including direct examination of multiple witnesses, presentation of evidence, and closing arguments.
“Most importantly, the client herself has been her own best advocate,” says Kelley-Widmer. “We’ve laughed with her, we’ve cried with her, and together we celebrated this win for her long-term safety.”
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Folks, these are “first year law students” in the NDPA who, with inspiration and guidance from some of the “best and brightest in American law,” (like Professor Jakki Kelly-Widmer) are running circles around Garland’s “stuck in reverse” DOJ and Mayorkas’s DHS.
I recently featured commentary from Jason “The Asylumist” Dzubow about the egregiously horrible effects of EOIR’s “Aimless Docket Reshuffling” (“ADR”) that continues unabated under Garland.
https://immigrationcourtside.com/2022/05/04/%f0%9f%91%8e%f0%9f%8f%bd%f0%9f%a4%aeaimless-docket-reshuffling-adr-garlands-eoir-screws-%f0%9f%94%a9asylum-seekers-with-long-pending-slam-dunk/
One of Jason’s many salient points was that there are lots of potentially “winnable” cases mired in Garland’s backlog that should be granted if they could only get a merits hearing before a fair judge.
As I have said repeatedly, the things necessary to transform EOIR into a “hotbed of due process” rather than it’s current state of “dysfunctional disaster” are NOT rocket 🚀 science:
Those are the items that should have been “day one” priorities at DOJ and EOIR for Garland and his team. (Just what, if anything, has he accomplished in his time in office in ANY significant area of the law or policy?)
Instead, Garland has responded with:
These mistakes are NOT “small potatoes” 🥔 as Garland and some other misguided Dems seem to think. They have cost the Dems “big time” in the one overarching area where they had complete control and could have made necessary progressive changes for the common good without “60 votes” in the Senate. How many immigration bills did the Trump regime pass on their way to obliterating the law and human rights?
They have also cost the Dems a nearly unprecedented chance to show how sound legal and constitutional policies, equal justice, racial equity, and enlightened progressive humanitarianism can work to reaffirm and re-energize the essential contribution of immigration to America’s greatness and to disprove the racist, nativist, false myths about immigrants and people of color that have become a staple of modern day Republicanism.
Enlightened immigration policies could have materially helped solve or prevent some of the economic woes facing American today. They could have “beefed up” everything from the supply chain to essential workers to needed investments in rural America to the housing shortage.
Some of the “reddest” states in American are among those that could benefit most from immigrants — many of whom have faced and overcome in their lives some of the same problems frustrating rural America. But, migrants who are being illegally rejected at the border, unlawfully imprisoned, and/or then orbited to death or oblivion in failed countries can’t help themselves or anyone else. What a waste of human potential and opportunities to show what immigrants can achieve in and for America!
PWS
05-07-22
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)
PRACTICE ALERTS
NEWS
LITIGATION & AGENCY UPDATES
RESOURCES
EVENTS
PRACTICE ALERTS
ICE Posted Additional Guidance on Prosecutorial Discretion
USCIS Stops Applying Certain EAD Provisions for Asylum Applicants (Updated)
NEWS
Remain in Mexico case in front of SCOTUS is also about whether Biden will be allowed to govern
Daily Kos: This case matters, not only because real lives are at stake, but because justices will be deciding whether an incumbent president has the power to legitimately end a predecessor’s flawed policy. See also ‘Remain In Mexico’ Case May Curb Courts’ Injunctive Power.
Abbott Threatens to Declare an ‘Invasion’ as Migrant Numbers Climb
NYT: Abbott is weighing whether to invoke actual war powers to seize much broader state authority on the border. He could do so, advocates inside and outside his administration argue, by officially declaring an “invasion” to comply with a clause in the U.S. Constitution that says states cannot engage in war except when “actually invaded.”
Biden admin struggles to calm the Democratic storm over immigration
Politico: Memo to the Biden administration: The written plan to handle a summertime migration surge at the border isn’t satisfying purple-state Democrats who were pointedly asking for one. See also Comprehensive Immigration Reform Has ‘Zero’ Chance This Year, Key Senate Democrat Reportedly Says; Homeland Security Secretary Mayorkas testifies on Title 42 in Senate hearing.
G.O.P. Concocts Fake Threat: Voter Fraud by Undocumented Immigrants
NYT: Far from the U.S.-Mexico border, Ohio’s Senate primary shows how the Republican obsession with the fiction of a stolen election has spawned a new cause for fear of illegal immigration.
Thomson Reuters to review contracts, including for database used to track immigrants
WaPo: A Canadian trade union said it had scored a surprising victory Friday in its three-year tech battle with Immigration and Customs Enforcement agents in the United States, successfully persuading the media conglomerate Thomson Reuters to reevaluate its work selling personal data that the agency had used to investigate immigrants.
Huge border influx brings fears of grim summer for migrant deaths
WaPo: A sharp increase in the number of people crossing into the United States through remote desert areas along the U.S.-Mexico border has officials and rights advocates worried that this summer will be especially lethal, with the potential for a spike in migrant deaths. See also DHS chief doubles down on request to migrants at southern border: ‘Do not come’; U.S.-Mexico migration talks ‘constructive,’ not ‘threatening’ -White House; Risking it all: migrants brave Darién Gap in pursuit of the American dream.
People continue to camp outside of Orlando immigration office, hoping to be seen on Monday
ABC: People in search of appointments with U.S. Immigration and Customs Enforcement in Orlando have been waiting in line for days now and some have been coming back to this spot for more than a month.
House Members Urge Funding for Legal Representation to Indigent Adults in Removal Proceedings
AILA: Forty-seven members of the House of Representatives, led by Congresswoman Norma Torres (D-CA), sent a letter calling for funding for the Department of Justice to expand federally funded legal representation for indigent adults facing immigration court removal proceedings.
LITIGATION & AGENCY UPDATES
Matter of DANG, 28 I&N Dec. 541 (BIA 2022)
BIA: Because misdemeanor domestic abuse battery with child endangerment under section 14:35.3(I) of the Louisiana Statutes extends to mere offensive touching, it is overbroad with respect to § 16(a) and therefore is not categorically a crime of domestic violence under section 237(a)(2)(E)(i) of the INA, 8 U.S.C. § 1227(a)(2)(E)(i).
2nd Circ. Turns Down Convention Against Torture Relief Claim
Law360: The Second Circuit on Wednesday ruled that it lacked the jurisdiction to review an Indian man’s deportation, saying a recent immigration judge’s denial of his application for relief, under the United Nations Convention Against Torture, was not a “final order” that triggers the 30 days available for appellate court review.
En Banc 9th Circ. To Reconsider Calif. Private Prison Ban
Law360: The Ninth Circuit vacated on Tuesday a split panel’s decision that a California law banning private immigration detention facilities and other private prisons does not pass legal muster because it would impede the federal government’s immigration enforcement, saying it will hold an en banc hearing.
Federal Court Rules that Government Actions Under Remain in Mexico are Subject to Orantes Injunction
NILC: On Wednesday, the U.S. District Court for the Central District of California ruled that plaintiffs raised significant questions regarding the federal government’s compliance with a permanent injunction in the Orantes case and ordered the government to produce more information to determine whether Remain in Mexico violated the injunction’s terms.
La. Judge Orders Biden To Keep Enforcing Title 42
Law360: A Louisiana federal judge on Wednesday temporarily blocked the Biden administration from prematurely unwinding the Title 42 order used to quickly expel migrants arriving at the border, saying lifting the order ahead of schedule could force states to shoulder the financial burden of more migrants.
Arizona v. CDC Restraining Order
AILA: The judge in Arizona v. CDC granted the temporary restraining order. For the next 14 days, DHS is enjoined and restrained from implementing the termination order, “including increases (over pre-Termination Order levels) in processing of migrants from Northern Triangle countries through Title 8 proceedings rather than under the Title 42 Orders, and are further enjoined and restrained from reducing processing of migrants pursuant to Title 42.” DHS may still practice case-by-case discretion and engage in targeted expedited removal to detain and remove individuals who have crossed multiple times.
NIJC: The litigation exposes how local officials in Indiana unlawfully misappropriate federal dollars meant for the care of immigrants detained in their jail to pad their own budgets. The lawsuit also sheds light on U.S. Immigration and Customs Enforcement (ICE)’s deeply flawed oversight that allows private companies and local jails like Clay County to misuse federal taxpayer dollars while non-citizens suffer in egregiously poor conditions.
Migrant Advocates Push For Cert. In Juvenile Work Permit Suit
Law360: Immigrant advocates have urged a California federal court to certify two classes of vulnerable juveniles waiting for U.S. Citizenship and Immigration Services to process their visa applications, saying new agency guidance for child abuse survivors doesn’t address their allegations.
Kariye v. Mayorkas, No. 2:22-CV-01916 (C.D. Cal., filed Mar. 24, 2022)
HoldCBPAccountable: On March 24, 2022, the ACLU, ACLU Foundation of Southern California, and ACLU of Minnesota filed a lawsuit on behalf of three Muslim Americans, Abdirahman Aden Kariye, Mohamad Mouslli, and Hameem Shah, who have all been subjected to intrusive questioning from U.S. Customs and Border Protection (CBP) and Homeland Security Investigations (HSI) officials about their religious beliefs, practices, and associations in violation of their First and Fifth Amendment rights.
NIPNLG: While many of the issues we raise have occurred in numerous asylum offices, the Houston Asylum Office has a particularly egregious record of conducting these screenings and we therefore ask that you investigate the Houston Asylum Office’s conduct.
Republican AGs Cry Foul Over Biden Asylum Policy
Law360: Over a dozen state attorneys general cried foul over President Joe Biden’s policy vesting asylum officers with greater power over asylum, filing lawsuits Thursday to block the rule, which they claim would force states to bear the cost of more migrants.
AILA: On 4/28/22, the state of Texas filed a lawsuit challenging a DHS and DOJ interim final rule, issued on 3/29/22, and scheduled to take effect on 5/31/22. Texas argues the rule, which would change how individuals subject to expedited removal are processed for asylum, is unlawful.
DHS Notice of Implementation of Uniting for Ukraine Process
AILA: DHS notice of the implementation of the Uniting for Ukraine parole process, beginning 4/25/22. (87 FR 25040, 4/27/22)
DHS Plan for Southwest Border Security and Preparedness
DHS: Secretary of Homeland Security Alejandro N. Mayorkas transmitted a memorandum to interested parties to provide additional details on the Biden-Harris Administration’s comprehensive plan to manage increased encounters of noncitizens at our Southwest Border.
RESOURCES
ACLU National Prison Project: Litigating Immigration Detention Conditions: An Introductory Guide (attached)
AIC: Survey on EOIR Mitigation for Access to Counsel Obstacles
AILA: Client Flyer: Rescheduling Biometrics Appointments
AILA: 75th Edition of the AILA Law Journal
CRS: U.S. Immigration Courts and the Pending Cases Backlog
DHS OIG: Violations of ICE Detention Standards at South Texas ICE Processing Center
DOS: Information for Nationals of Ukraine
NIJC/DWN: State and Local Records Request Resources & Template
NILA: Template EOIR Motions to Stay Removal for Individuals Seeking to Reopen Removal Proceedings
NILA: The Basics of Motions to Reopen EOIR-Issued Removal Orders
NILA: Arriving Noncitizens and Adjustment of Status
NIPNLG: Survey Re OPLA Motions to Dismiss Where the Respondent Does Not Want Dismissal
EVENTS
NIJC EVENTS
5/7/22 Ukrainian Immigration Options Workshop
5/10/22 Justice & Java: What It Will Take To Save Our Asylum System
5/18/22 Pro Bono Training: Representing Immigrant Survivors Eligible For U Visas
6/28/22 Pro Bono Training: Asylum Pride Part 1
6/30/22 Pro Bono Training: Asylum Pride Part 2
GENERAL EVENTS
5/3/22 The Family Visa Petition
5/4/22 California Pardons and Post-Conviction Relief
5/5/22 Stories from the Trenches: Tools for Dealing with Depression, Burnout, and Substance Abuse
5/6/22 Preventing & Mitigating Vicarious Trauma Amidst Zealous Immigration Detention Lawyering & Organizing
5/6/22-5/13/22 NITA-NIPNLG “Advocacy in Immigration Matters” Training
5/10/22 Asylum Claims for Young People
5/10/22 2022 Consular Processing Updates: Strategies and Alternatives for NIV and IV Cases
5/11/22 EOIR/ICE Liaison Update: The Most Recent Information on the State of Prosecutorial Discretion
5/12/22 Advanced DACA Issues: What You Need to Know in 2022
5/12/22-5/13/22 T-Visa Conference
5/13/22 FBA Immigration Law Conference
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
5/18/22 U Visa Webinar Series: Adjustment of Status
5/19/22 USCIS to Host Webinar on Filing Form I-821D For Individuals Who Previously Received DACA
5/19/22 Fighting Interpol Red Notices with guest speaker, Sara Grossman
5/19/22 Waivers in Removal Proceedings: Beyond the Basics
5/19/22 Special Immigrant Juvenile Status: Your Client’s I-360 Is Approved, Now What?
5/20/22 AILA Chicago 2022 Spring Ethics Conference
5/21/22 Spring Ethics Conference Agenda
5/24/22 Current Issues in Afghan Asylum Claims
5/24/22 Obstacles to TPS Eligibility
5/24/22 Advanced FOIA Techniques
6/7/22 Asylum and Employment Authorization
6/8/22 ASISTA: Immigration Practice & Policy for Survivors: What’s New & What’s Next
6/8/22 Naturalization for People with Disabilities
6/14/22-6/15/22 NIPNLG 2022 Annual Pre-AILA Crimes & Immigration Seminar
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)
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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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Corrupt GOP nativist politicos grandstanding, inept Administration officials, experts ignored, human rights, Constitution, humanity trampled, killing migrants, empowering smugglers, lack of vision, disdain for the rule of law, moral cowardice.
The ugliness and futility of misguided, counterproductive, cruel, inhumane U.S. “enforcement only/deterrence” policies at border is in full display in this week’s report from Elizabeth!
Casey keeps asking the same question. Unhappily, nobody (except some members of the NDPA who are ignored except when creaming Garland in court) has “stepped up” with the answer!
PWS
O5-05-22
The Immigration Clinic had another busy and productive semester. Professor Vera and I share that our eight student-attorneys (Alexandra Chen, Spoorthi Datla, Daniel Fishelman, José Hernández, Trisha Kondabala, Mir Sadra Nabavi, Mark Rook, and Ryan Sarlo) accomplished the following on behalf of their clients:
Filings:
- Four work permit applications
- Two affirmative asylum applications
- Two motions to terminate proceedings
- Two motions to schedule a final merits hearing (one was granted!)
- Two appeals of USCIS erroneous denials of green card applications
- One application for removal of conditions of a green card, with a waiver for a domestic violence survivor
- One U visa application (for victims of crimes in the U.S.)
- One motion to change venue (granted!)
- One request for expedited processing of an asylee derivative application (granted!)
- One family-based petition and green card application packet for the spouse of a current client
Representation:
- Two hearings for procedural matters
- One affirmative asylum interview
Public engagement:
- One legal orientation presentation with parents of a local MD high school
- One public comment on the newly proposed public charge rule
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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
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Congrats to Alberto, Paulina, and the eight above-named student-attorneys for saving lives, promoting justice, elevating the level of immigration practice, and being in the vanguard of the New Due Process Army!
PWS
05-01-22
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)
PRACTICE ALERTS
ICE PD Memo (Doyle Memo) Goes into Effect Today
Nationwide Immigration Court Legal Assistant Directory
NEWS
US to welcome Ukraine refugees but no longer through Mexico
AP: Under a program announced Thursday, the U.S. will streamline refugee applications for Ukrainians and others fleeing the fighting, but will no longer routinely grant entry to those who show up at the U.S.-Mexico border seeking asylum. See also Biden administration taking heat for new Ukrainian settlement program.
Swing-state Democrats turn on Biden over Title 42 border decision
CNN: The Democratic rebellion against President Joe Biden’s plans to lift pandemic-era border restrictions is growing, as candidates in marquee races from Nevada to New Hampshire break with the administration and Republicans turn immigration into a centerpiece of their midterm election messaging. See also Two border mayors come out in support of ending Title 42.
Anti-immigration activists are dominating YouTube
Politico: The report, which includes research in key swing states, shows that YouTube has proved to be a critical space for shaping opinion on immigration — and even influencing voting patterns. It also looks at how immigration advocates and opponents have used starkly different messaging strategies, with opponents largely being more effective by investing in digital media and tailoring their messages to undecided voters.
US immigration agency explores data loophole to obtain information on deportation targets
Guardian: US Immigration and Customs Enforcement (ICE) has contracted with private data brokers to get around some areas’ sanctuary laws, documents show
Cuba-U.S. talks in Washington ‘focused on migration’ -State Dept
Reuters: U.S. and Cuban officials met in Washington for talks about migration on Thursday as the United States seeks to quell rising numbers of people attempting to cross its southern border, including increasing numbers of Cubans.
As COVID restrictions ended, a busy winter for asylum-seekers at the Canada border
Reuters: In December, Royal Canadian Mounted Police intercepted 2,811 asylum-seekers crossing the border outside formal land ports of entry, the vast majority crossing into Quebec. In January and February they intercepted 2,382 and 2,164, respectively – compared to 888 and 808 in January and February of 2019.
Watchdog Reports Feds Are Undercounting Border Deaths
Law360: U.S. Border Patrol has been undercounting migrant deaths along the U.S.-Mexico border, compromising the data provided to lawmakers overseeing the agency’s efforts to reduce migrant deaths in the area, according to the U.S. Government Accountability Office.
Indianapolis to get new immigration court next year: Justice
AP: A new immigration court will open in Indianapolis next year, taking over the state’s cases from a court in Chicago, the Executive Office for Immigration Review of the U.S. Justice Department said Tuesday. See also EOIR to Stop Holding Hearings in Pittsburgh on Sidney Street.
LITIGATION & AGENCY UPDATES
Supreme Court weighs policy for migrants to wait in Mexico
AP: Arrested after the encounter with U.S. agents, Úbeda learned two days later that he could not pursue asylum in the United States while living with a cousin in Miami. Instead, he would have to wait in the Mexican border city of Tijuana for hearings in U.S. immigration court under a Trump-era policy that will be argued Tuesday before the U.S. Supreme Court.
Matter Of Dingus, 28 I&N Dec. 529 (BIA 2022)
BIA: If a State court’s nunc pro tunc order modifies or amends the subject matter of a conviction based on a procedural or substantive defect in the underlying criminal proceedings, the original conviction is invalid for immigration purposes and we will give full effect to the modified conviction; however, if the modification or amendment is entered for reasons unrelated to the merits of the underlying proceedings, the modification will not be given any effect and the original conviction remains valid.
4th Circ. Says Bad Advice Can’t Stop Ex-Citizen’s Deportation
Law360: The Fourth Circuit upheld a Virginia federal court’s decision to deport a Mexican native whose U.S. citizenship was revoked, saying his reliance on poor advice from his former attorney did not prevent him from knowing his risk for deportation.
Full 5th Circ. Won’t Redo Order Upending In Absentia Removal
Law360: The full Fifth Circuit kept intact a panel ruling that a multipart notice to appear tainted an immigrant’s in absentia removal order, but sparked a judge’s scathing dissent that the court wrongly blew wide open the deportation cases of thousands.
Feds Use 6th Circ. Ruling In Bid For 5th Circ. DACA Revival
Law360: The Biden administration is relying on a week-old Sixth Circuit ruling reinstating its policy prioritizing certain migrants for removal, as it presses the Fifth Circuit to crack open a judge’s permanent block on the Deferred Action for Childhood Arrivals program.
Feds Claim Immunity Over Alleged Wrongful ICE Detention
Law360: The U.S. government is claiming sovereign immunity to shake off the majority of a Washington district court lawsuit from a man accusing immigration officials of wrongfully imprisoning him, falsely affiliating him with gangs and stripping him of Deferred Action for Childhood Arrivals benefits.
AILA: “Uniting for Ukraine” will create a streamlined process to consider Ukrainians for humanitarian parole and work authorization in the U.S. DOS will expand refugee processing and NIV appointments for Ukrainians. Ukrainians presenting at land POEs without visas or preauthorization will be denied entry.
DHS Notice of Designation of Ukraine for Temporary Protected Status
AILA: DHS notice of designation of Ukraine for Temporary Protected Status (TPS) for 18 months, effective 4/19/22 through 10/19/23. (87 FR 23211, 4/19/22)
DHS Notice of Designation of Sudan for Temporary Protected Status
AILA: DHS notice of designation of Sudan for Temporary Protected Status (TPS) for 18 months, effective 4/19/22 through 10/19/23. (87 FR 23202, 4/19/22)
AILA: “Uniting for Ukraine” will create a streamlined process to consider Ukrainians for humanitarian parole and work authorization in the U.S. DOS will expand refugee processing and NIV appointments for Ukrainians. Ukrainians presenting at land POEs without visas or preauthorization will be denied entry.
EOIR Rescinds Policy Memoranda 19-05, 21-06, and 21-13
AILA: EOIR rescinded PM 19-05, Guidance Regarding the Adjudication of Asylum Applications Consistent with INA § 208(d)(5)(A)(iii); PM 21-06, Asylum Processing; and PM 21-13, Continuances.
DHS 5-Day Notice and Request for Comments on New MPP Disenrollment Request System
AILA: DHS 5-day notice and request for comments on a new public-facing Migrant Protection Protocols (MPP) Disenrollment Request website. Comments are due 4/26/22. (87 FR 23879, 4/21/22)
AILA: CBP request for public input on CBP processes, programs, regulations, collections of information, and policies for the agency to consider modifying, streamlining, expanding, or repealing in light of recent executive orders. Comments will be accepted through 6/21/22.
AILA: DHS announced it will extend Title 19 requirements and require non-U.S. travelers entering the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated against COVID-19 and provide proof of vaccination upon request.
RESOURCES
- AILA: Six Steps to Correct a Mistake
- CLINIC: ICE Issues Clarifying Memo on Prosecutorial Discretion in Immigration Court
- CLINIC: Translation of Civics Questions and Answers for the Naturalization Test
- CLINIC: U Visa Certification Advocacy Toolkit
- CLINIC: TPS Developments: New Designations, Recent Settlement, and Buzz About Potential Policies for Ukrainians
- CLINIC: DHS and DOJ Issue Interim Final Rule on Credible Fear Screenings and Consideration of Asylum Claims by USCIS Officers
- CRS: Temporary Protected Status and Deferred Enforced Departure
- HRF: “I’m a Prisoner Here”: Biden Administration Policies Lock Up Asylum Seekers
- Office of the Immigration Detention Ombudsman (OIDO) will send out an e-newsletter quarterly
EVENTS
NIJC EVENTS
- 5/13/22 Prosecutorial Discretion 2022
- 5/18/22 Pro Bono Training: Representing Immigrant Survivors Eligible For U Visas
- 6/28/22 Pro Bono Training: Asylum Pride Part 1
- 6/30/22 Pro Bono Training: Asylum Pride Part 2
GENERAL EVENTS
- 4/25/22 USCIS to Host Engagement on TPS for South Sudan
- 4/25/22 Bias, Equity, and the Impact of Anti-Blackness on Immigrant Survivors
- 4/27/22 Special Immigrant Juvenile Policy Updates
- 4/27/22 U Visa RFEs
- 4/27/22 Panel Discussion: Afghan People in Detention
- 4/28/22 Motions to Reopen Removal Proceedings
- 4/29/22 Mobilities: A Conference on Disability and Migration
- 5/3/22 The Family Visa Petition
- 5/3/22 Inaugural “Vicarious Trauma Check-in” for Immigration Attorneys & Legal Staff: Reflecting on Lawyering Under 4 Years of Trump + 1 Year of Biden and Looking Forward
- 5/4/22 California Pardons and Post-Conviction Relief
- 5/5/22 Stories from the Trenches: Tools for Dealing with Depression, Burnout, and Substance Abuse
- 5/5/22 Preventing & Mitigating Vicarious Trauma Among Immigration Legal Staff As An Immigration Attorney Supervisor or Manager
- 5/6/22 Preventing & Mitigating Vicarious Trauma Amidst Zealous Immigration Detention Lawyering & Organizing
- 5/6/22-5/13/22 NITA-NIPNLG “Advocacy in Immigration Matters” Training
- 5/10/22 Asylum Claims for Young People
- 5/10/22 2022 Consular Processing Updates: Strategies and Alternatives for NIV and IV Cases
- 5/11/22 EOIR/ICE Liaison Update: The Most Recent Information on the State of Prosecutorial Discretion
- 5/12/22 Advanced DACA Issues: What You Need to Know in 2022
- 5/13/22 FBA Immigration Law Conference
- 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
- 5/18/22 U Visa Webinar Series: Adjustment of Status
- 5/19/22 Fighting Interpol Red Notices with guest speaker, Sara Grossman
- 5/19/22 Waivers in Removal Proceedings: Beyond the Basics
- 5/19/22 Special Immigrant Juvenile Status: Your Client’s I-360 Is Approved, Now What?
- 5/21/22 Spring Ethics Conference Agenda
- 5/24/22 Current Issues in Afghan Asylum Claims
- 5/24/22 Obstacles to TPS Eligibility
- 5/24/22 Advanced FOIA Techniques
- 6/7/22 Asylum and Employment Authorization
- 6/8/22 ASISTA: Immigration Practice & Policy for Survivors: What’s New & What’s Next
- 6/8/22 Naturalization for People with Disabilities
- 6/14/22-6/15/22 NIPNLG 2022 Annual Pre-AILA Crimes & Immigration Seminar
- 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.org
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Thanks, Elizabeth!
🇺🇸Due Process Forever!
PWS
04-26-22
http://jaapl.org/content/early/2022/04/20/JAAPL.210075-21
Immigration Judges’ Perceptions of Telephonic and In-Person Forensic Mental Health Evaluations
Aliza S. Green, Samuel G. Ruchman, Beselot Birhanu, Stephanie Wu, Craig L. Katz, Elizabeth K. Singer and Kim A. Baranowski
Journal of the American Academy of Psychiatry and the Law Online April 2022, JAAPL.210075-21; DOI: https://doi.org/10.29158/JAAPL.210075-21
Abstract
Clinicians affiliated with medical human rights programs throughout the United States perform forensic evaluations of asylum seekers. Much of the best practice literature reflects the perspectives of clinicians and attorneys, rather than the viewpoints of immigration judges who incorporate forensic reports into their decision-making. The purpose of this study was to assess former immigration judges’ perspectives on forensic mental health evaluations of asylum seekers. We examined the factors that immigration judges use to assess the affidavits resulting from mental health evaluations and explored their attitudes toward telehealth evaluations. We conducted semistructured interviews in April and May 2020 with nine former judges and systematically analyzed them using consensual qualitative research methodology. Our findings were grouped in five domains: general preferences for affidavits; roles of affidavits in current legal climate; appraisal and comparison of sample affidavits; attitudes toward telephonic evaluations; and recommendations for telephonic evaluations. Forensic evaluators should consider the practice recommendations of judges, both for telephonic and in-person evaluations, which can bolster the usefulness of their evaluations in the adjudication process. To our knowledge, this is the first published study to incorporate immigration judges’ perceptions of forensic mental health evaluations, and the first to assess judges’ attitudes toward telephonic evaluations.
Across the United States, clinicians working in collaboration with medical asylum clinics and torture treatment programs conduct forensic evaluations of asylum seekers.1,–,5 In such evaluations, clinicians investigate the physical and psychiatric sequelae of human rights abuses and document their findings in medico-legal affidavits that are submitted to the immigration judge as part of an individual’s application for immigration relief.1,6,7 The affidavits provide the evaluators’ written testimony explaining to a judge the relevance of their findings (e.g., the impact of trauma on memory). Medical providers experienced in conducting forensic evaluations have worked in consultation with attorneys to establish and disseminate best-practice guidelines for evaluations.6,–,10 Much of the best-practice literature reflects the perspectives of clinicians and attorneys, rather than the viewpoints of immigration judges who apply forensic reports in their decision-making. (One notable exception was a presentation of suggestions for writing medico-legal affidavits based on a qualitative study of a sample that included immigration judges, clinicians, and attorneys.11) As a result, forensic medical evaluators have limited insight into how immigration judges view the content of affidavits or how the documentation of forensic evaluations affects asylum cases.
In the context of the COVID-19 pandemic, medical human rights programs have transitioned to conducting forensic evaluations by telephone or video.12,13 Forensic clinicians have also been using telehealth modalities to evaluate asylum seekers who have poor access to forensic services because they live in geographically remote areas of the United States, immigration detention centers, or Mexico border cities.14 Mental health practitioners have reported both comfort with and concerns about the limitations of telehealth forensic evaluations.15 Most literature on telehealth forensic evaluations has focused on evaluators’ perceptions of video-teleconference, applied across multiple dimensions of forensic mental health.16,–,20 Assessing the acceptability of remote evaluations to adjudicators of immigration claims and incorporating their perspectives into broader practice recommendations is particularly critical at this time, given that telehealth visits and telephonic interviews of asylum seekers have become standard as a result of both the COVID-19 pandemic and the increased number of asylum seekers in immigration detention facilities.
This study was to explore former immigration judges’ perspectives on forensic mental health evaluations of asylum seekers. We examined the factors that immigration judges use to assess the medico-legal documents resulting from mental health evaluations. We also specifically identified participants’ attitudes and perceptions toward telehealth evaluations. This study adds to existing literature by incorporating immigration judges’ perceptions of forensic mental health evaluations and by assessing judges’ attitudes toward telephonic evaluations. We specifically investigated telephonic rather than video-based evaluations because asylum seekers may have limited access to the internet, and immigration detention centers often restrict access to video conferencing platforms.14 This study was approved by the Mount Sinai Institutional Review Board.
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Full article at the above link.
This should be great information for practitioners, judges, ICE counsel, and administrators seeking a fairer, better functioning Immigration Court system.
This illustrates one of many “under-appreciated” aspects of modern immigration and human rights “practical scholarship:” Its virtually unmatched interdisciplinary usefulness and its “right off the shelf” ability to advance knowledge, fairness, 21st century efficiency, and best practices!
While EOIR might actually be “worse than your father’s and mother’s Immigration Courts,” not so the private bar, NGOs, and the academic (particularly the clinical) sectors! It’s where the action, upcoming talent, and quality is right now!
It’s a shame that more of those in charge of the Immigration Courts, the stumbling immigration bureaucracy, and the often behind the times “improperly above the fray” Article IIIs aren’t paying attention to both the types of individuals they should be hiring and the methods they should be using to improve the delivery of justice.
If change has to come from below, so be it! But, change and progress will eventually come to the broken and dysfunctional Immigration Courts and the bumbling bureaucracy surrounding and enabling this disgraceful systemic failure that is dragging down both our legal system and our democracy!
PWS
04-25-22
Friday, April 22, 2022
RIP Michael Olivas: Scholar (Immigration and Much More), Mentor, Friend, and Colleague
By Immigration Prof
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I learned earlier today that we had lost a great one, my friend, colleague, and mentor Michael Olivas. It is with a profound sense of loss that I reflect on how much he has meant to me personally (including to my family, who he always asked about individually by name) as well as professionally. Michael followed by son Tomas’s Little League baseball career and asked for annual updates at the annual meeting of the Association of American Law Schools, mentored me through tenure, and helped me land the deanship at UC Davis (by calling the Chancellor and putting in a good word).
Michael was a wonderful scholar, including but not limited to immigration law. He once was this blog’s Immigration Professor of the Year. The book Law Professor and Accidental Historian: The Scholarship of Michael A. Olivas(Editor Ediberto Román, 2017) brought together a group of scholars to analyze Michael’s path-breaking scholarship. The publisher encapsulates the anthology as follows:
“Law Professor and Accidental Historian is a timely and important reader addressing many of the most hotly debated domestic policy issues of our times—immigration policy, education law, and diversity. Specifically, this book examines the works of one of the country’s leading scholars—Professor Michael A. Olivas. Many of the academy’s most respected immigration, civil rights, legal history, and education law scholars agreed to partake in this important venture, and have contributed provocative and exquisite chapters covering these cutting-edge issues. Each chapter interestingly demonstrates that Olivas’s works are not only thoughtful, brilliantly written, and thoroughly researched, but almost every Olivas article examined has an uncanny ability to predict issues that policy-makers failed to consider. Indeed, in several examples, the book highlights ongoing societal struggles on issues Professor Olivas had warned of long before they came into being. Perhaps with this book, our nation’s policy-makers will more readily read and listen closely to Olivas’s sagacious advice and prophetic predictions.” (bold added).
In an introduction to Accidental Historian, I offered some thoughts on how much Michael had done for so many, myself included. Here is that intro. Download Law Professor and Accidental Historian
Michael also worked for change. At great personal cost, he created the “Dirty Dozen” law schools without a Latina/o on the faculty. Michael recruited many Latina/os into legal academia. He mentored, advised, read drafts of articles, and much more for countless professors of color (myself included). Among many other service activities, Olivas helped lead an effort to file an amicus curiae brief on behalf of immigration law professors in the Supreme Court in the Deferred Action for Childhood Arrivals (DACA) case. As he was in that case, Olivas in my view was on the right side of the trajectory of history.
The University of Houston Law Center
1.27K subscribers
Professor Michael A. Olivas Tribute Video
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There no doubt will be many stirring tributes to Professor Michael Olivas in coming days. Many will miss him immensely. I sure will miss my guiding light and guardian angel. RIP Michael Olivas.
KJ
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Thanks, Kevin. Here’s more on Michael and his remarkable life and career:
PWS
04-24-22
“I really do not find enough words to let you know how grateful I am to all of you for your wise and timely guidance at all times and for the dedication and commitment that you assumed from the first moment towards our asylum case.”
Please join me in congratulating Immigration Clinic client T-G and her son F-P, from Venezuela, and their student-attorneys Karoline Núñez, Samuel Thomas, Alexandra Chen, and Jeremy Patton. The clients’ asylum application was filed April 28, 2017, their interview at the Asylum Office was on November 1, 2021, and the grant was issued March 21, 2022. T-G received the grant yesterday.
T-G is a survivor of domestic violence at the hands of her husband. He’d punch T-G, force her to have sexual relations, infected her with a STD, and he blamed her for their daughter’s neurological issues. Their daughter contracted Zika but was unable to receive the appropriate treatment because T-G was not a supporter of the Maduro government. Their daughter died at age 14.
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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
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Many congrats to the GW Immigration Clinic and all the GW All-Stars! 🤮⚖️
Let’s get behind the intentional dehumanization and the chronically misleading “numbers” being thrown around by nativists, some so-called “moderate” Dems, and the DHS. Put a “human face” on our nation’s dereliction of legal duty and abandonment of values at out Southern border.
This case is a compelling example of the types of refugees, many women and children and most people of color, who are stuck at our Southern Border as illegal suspension of asylum laws, based on racially- motivated bogus “public health” grounds grinds on. With some legal assistance and a fair and orderly system in place, many of those waiting could qualify for asylum if given a fair chance under the law.
Access to the asylum system, representation, and fair and impartial adjudication are essential to success. Right now, the Biden Administration is denying all three.
Now, more amoral and weak-kneed Dems are urging Biden to kill asylum and refugees of color along with it by “delaying” the long overdue resumption of legal asylum processing at the border for another “60 days.” https://www.forbes.com/sites/joewalsh/2022/04/18/more-democrats-criticize-biden-for-plan-to-end-trump-era-border-restrictions/?sh=68b608c251d8
Make no mistake, this disingenuous action would kill asylum for good! These guys don’t even have the guts to admit that they are now carrying out Stephen Miller’s xenophobic war on immigrants and refugees of color.
If this divisive nonsense and backsliding on basic constitutional, racial justice, and social justice issues continues, progressive Dems are going to be faced with having to make a decision about the party’s future.
Progressive Dems make up a key part of the party’s core base and a disproportionate amount of the “boots on the ground, grass roots enthusiasm.” Republicans aren’t going to vote for Dems, no matter how xenophobic, hateful, and racist Dems are toward migrants. So-called “independents,” are neither going to fill the Dems coffers nor pound the pavement and work the phone lines to “get out the vote.”
So, arrogant “Title 42 Dems” are assuming that they can “spit on” immigrant justice, racial justice, economic justice, and social justice and that their “core support” among progressives won’t diminish because they will always be preferable to “Trump Republicans.”
All in all, it’s a “big middle finger” to progressives and their social justice agenda. That’s an agenda that Biden actually successfully ran on.
If progressives really believe in a pro immigrant, pro rule of law, racial justice agenda, then they need to stand up to the backsliders and let them know that there will be real consequences of yet another “sellout of immigrants’ rights.” We’ll see whether progressive Dems have more backbone and courage than their “Title 42/Miller Lite wing.”
This morning, a WashPost editorial correctly pointed out that Ukrainian refugees “couldn’t afford to wait” for the Biden Administration to get its act together. https://www.washingtonpost.com/opinions/2022/04/19/united-states-ukraine-refugee-effort-slow-start/
But, the Post badly missed the larger point — NO refugee can afford to wait, be they White Ukrainians, Black Haitians, Cameroonians, and Congolese, or Latinos from the Northern Triangle, Venezuela, and Nicaragua! Our obligations to asylees are not supposed to be “race-based!”
The U.S. has had a legal refugee and asylum system for more than four decades. During that time, Congress has made several amendments of the law to allow DHS to rapidly process and summarily remove those appearing at the border who, after prompt expert screening by Asylum Officers, cannot establish a “credible fear” of persecution.
Restrictionists and shamefully some so-called moderate Democrats, and sometimes CBP, seem to have conveniently “forgotten” that the law was designed to deal fairly and promptly with so-called “mass migrations” long before the advent of the bogus Title 42 charade.
For some periods during the 40 years since the enactment of the Refugee Act of 1980, the U.S. has run functional refugee and asylum programs. Not “perfect” or perhaps even “optimal,” but “functional.”
They have done this by employing experts, cooperating with NGOs (domestic and international), and building resettlement and support systems spearheaded by NGOs, using Government grants, and promoting teamwork and coordination with states and localities.
It has only been when Administrations of both parties have mindlessly turned away from human rights experts and followed the misguided and tone-deaf gimmicks advocated by nativists and apostles of “enforcement only deterrence” that the legal systems for refugees and asylees, and efficient, humane border enforcement, have fallen into disorder.
While refugee and asylum laws could undoubtedly be improved, contrary to the media blather and nativist grandstanding, we have the basic legal framework to deal with the current refugee and asylum situations at our borders and beyond. The question is whether the Biden Administration and Dems have the will, vision, competence, and willingness to cooperate with human rights experts to fix the mess intentionally created by Trump and return human decency, competence, and the rule of law to our borders! If not now, when?
PWS
04-19-22
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)
- PRACTICE ALERTS
- NEWS
- LITIGATION & AGENCY UPDATES
- RESOURCES
- EVENTS
PRACTICE ALERTS
TPS For Ukraine Scheduled to Be Published tomorrow, 4/19/22
Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months
2021 DOS Country Reports on Human Rights Practices
USCIS Announces Online Filing for DACA Renewal Forms
ICE announces new policies strengthening protections for detained noncitizens with mental disorders
NEWS
State Department Unveils US 2021 Human Rights Report
VOA: A U.S. State Department annual report highlighted concerns about continuing human rights abuses in Russia, China, Iran, Venezuela, Egypt and other authoritarian nations, as well as the impact the coronavirus pandemic has had on rights practices around the world.
U.S. arrests 210,000 migrants at Mexico border in March, rivaling record highs
Reuters: The 210,000 migrants arrested in March, a figure made public in a court filing on Friday night, is the highest monthly total on record since February 2000, according to U.S. Customs and Border Protection statistics dating back to 2000.
Launch of Program for Legal Representation of Detained Immigrants
RAICES: On Monday, April 18th, 2022, immigrant legal services providers, advocates and community members will hold a press conference to announce the launch of the Harris County Immigrant Legal Services Fund (ILSF), which will provide free legal representation for immigrant members of the county who are detained and facing the threat of deportation. As of February 2022, Harris County had the most residents with pending immigration court cases in the country.
Democrats intensify fight against Biden immigration policy
CNN: While immigration advocates celebrated the decision to reverse Title 42, many moderate Democrats have sounded the alarm warning that lifting the policy without an adequate plan in place will lead to a rapid influx of migrants at the Southern border, something that Republicans will be quick to seize on the campaign trail.
First busload of migrants from Texas arrives in D.C.
WaPo: They were also thankful that Abbott had given them a free ride and trips to McDonald’s, even after being told the governor is calling for them to be expelled from the United States…“The truth is, they helped us. They gave us a hand so that we could arrive here and honestly, we are very grateful.” See also Texas halts truck inspections that caused border gridlock; Examining Nearly Two Decades of Taxpayer-Funded Border Operations.
Kansas gov signs bill to ban local ‘sanctuaries’ for immigrants
AP: The bill was filed after Wyandotte County passed a “sanctuary” ordinance in February that would provide local identification cards for immigrants and other residents and would prevent local law enforcement from helping the federal government enforce immigration laws unless public safety is threatened. Lawrence and Roeland Park have similar ordinances.
Watchdog Pans ICE For Sole-Sourcing $87M Hotel Deal
Law360: A federal watchdog rebuked U.S. Immigration and Customs Enforcement for an $87 million no-bid contract to house migrant families in hotels, saying the agency hadn’t justified directly awarding the deal to a nonprofit inexperienced in emergency family residential services.
Cuba has stopped accepting deportations of its nationals from the US, ICE says
Denver Gazette: The Cuban government has not been accepting deportations of Cuban nationals from the U.S. for more than six months, at a time when tens of thousands are leaving the island to reach the U.S. in the largest exodus since the 1980s Mariel boatlift.
Illinois budget expands tax breaks and healthcare for immigrants
WTTW: An expanded class of low-income workers will permanently get a larger tax break via the Earned Income Tax Credit, and that benefit will be extended to those who file taxes with an Individual Taxpayer Identification Number (ITIN), something that Rep. Aaron Ortiz, D-Chicago, said is important to many immigrants who play an important role in the state’s economy. Illinois is allocating $70 million for healthcare for undocumented immigrants. See also Illinois launches health care coverage for older immigrant adults aged 55 to 64.
Ukrainians Face New Hurdle at U.S. Border: No Dogs
NYT: Federal health guidelines limit the entry of pets from countries like Ukraine with a high incidence of rabies. For some refugees, the rule has been devastating. See also Poland builds a border wall, even as it welcomes Ukrainian refugees.
LITIGATION & AGENCY UPDATES
4th Circ. Won’t Grant Immigrant Fees, Despite Feds’ Loss
Law360: The Fourth Circuit refused to award attorney fees to a man who convinced the full appeals court that the federal government had arbitrarily rejected him for special immigrant juvenile status, saying the U.S. was justified in fighting the suit.
7th Circ. Leery Of Letting States Step Into Public Charge Fight
Law360: The Seventh Circuit seemed unconvinced Wednesday that it should unsettle the dust in a dispute over a Trump-era public charge rule that the Biden administration has already begun redrafting by letting a group of Republican-led states enter the fray.
USCIS To Give Veterans Citizenship After Failing To Ax Suits
Law360: U.S. Citizenship and Immigration Services will grant naturalization requests made by two immigrant veterans after federal courts refused to toss the soldiers’ lawsuits alleging the agency unfairly disqualified them from expedited processing of their citizenship bids.
DHS Can’t Block Probe Of Detained Migrants’ Counsel Access
Law360: A D.C. federal court has denied the U.S. Department of Homeland Security’s bid to block inspections of detention facilities that immigration advocates say are denying inmates access to counsel, but the government did get its choice of monitor for the probe.
18 Additional States Join Suit To Keep Pandemic Border Block
Law360: Eighteen additional states on Thursday signed on to a lawsuit started by Arizona, Louisiana and Missouri to challenge the Biden administration’s decision to wind down a pandemic-related order known as Title 42 that allows the quick expulsion of migrants arriving at U.S. land borders.
Immigrant groups sue ICE for information on alternative detention programs
Hill: A coalition of immigrant rights groups filed a lawsuit Thursday seeking information from Immigrations and Customs Enforcement (ICE) about the agency’s Intensive Supervision Appearance Program (ISAP), a so- called alternative to detention program that has ballooned during the Biden administration.
Immigration warning not needed in police questioning of undocumented suspects, court rules
NJ Monitor: Police do not have to — and should not — advise crime suspects that their cooperation could impact their immigration status, a New Jersey appeals court ruled Friday.
Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months
USCIS: Today, the Department of Homeland Security (DHS) announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS.
DHS: The key program areas include: Applying for naturalization; Accessing humanitarian protection during immigration processing
Bidding on DHS contracts; Countering all forms of terrorism and targeted violence; Filing complaints and seeking redress in DHS programs and activities; Airport screening; Accessing Trusted Traveler Programs.
USCIS Releases New Webpage for Lockbox Filing Location Updates
AILA: USCIS announced that its website will now feature a Lockbox Filing Location Updates page, where customers can track when lockbox form filing locations are updated. Updates will also be emailed and announced on social media.
EOIR Announces Appointment of Mary Cheng as Deputy Director
EOIR: Since April 2021, Judge Cheng has served as the Regional Deputy Chief Immigration Judge for the Eastern Region at EOIR. She previously served as a Deputy Chief Immigration Judge from 2017 to 2021, and she was the Acting Principal Deputy Chief Immigration Judge from August 2020 to February 2021. Judge Cheng has also served in the New York Immigration Court both as an Assistant Chief Immigration Judge from 2015 to 2017, and as an Immigration Judge from 2009 to 2015. Before joining EOIR, she served as Assistant Chief Counsel for the Department of Homeland Security, Immigration and Customs Enforcement, from 2002 to 2009; and before that, she practiced immigration law in New York from 2000 to 2002.
EOIR Announces New Appellate Judge
AILA: EOIR announced the appointment of Beth Liebmann as a member of BIA by Attorney General Merrick B. Garland. Biographical information for Liebmann has been provided.
AMICUS INVITATION (Texas Burglary – Crime of Violence)
BIA: Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft, or an assault under Texas Penal Code § 30.02(a)(3) necessarily supersedes or implicitly contains generic burglary’s intent element, which requires an “intent to commit a crime” upon entry into a building or habitation. Due Date: May 3, 2022
RESOURCES
- AILA: Solutions for America’s Immigration System
- ASISTA: Updated ASISTA Practice Advisory: The Impact of Matter of L-N-Y- (April 2022)
- CLINIC: Practice Advisory: Screening DACA Recipients for Other Relief
- DHS OIG: ICE Spent Funds on Unused Beds, Missed Detention Standards while Housing Migrant Families in Hotels
- EOIR Introduction to Immigration Court video as part of its “Access EOIR” initiative
- ILRC: USCIS Policy Manual Priorities
- ILRC: Advance Parole for DACA Recipients
EVENTS
NIJC EVENTS
- 5/18/22 Pro Bono Training: Representing Immigrant Survivors Eligible For U Visas
- 6/28/22 Pro Bono Training: Asylum Pride Part 1
- 6/30/22 Pro Bono Training: Asylum Pride Part 2
GENERAL EVENTS
- 4/20/22 U Visa Webinar Series: U Visa Consular Processing
- 4/21/22 USCIS Invites Stakeholders to Focus Groups regarding the USCIS Website
- 4/21/22 Monthly NIPNLG Removal Defense Webinar: Hot Topics in SIJS
- 4/21/22 The Asylum Processing Rule & Southern Border Legal Updates
- 4/21/22 Marriage Can Be Messy! How to Handle Problematic Issues in I-751 Cases
- 4/25/22 USCIS to Host Engagement on TPS for South Sudan
- 4/25/22 Bias, Equity, and the Impact of Anti-Blackness on Immigrant Survivors
- 4/27/22 Special Immigrant Juvenile Policy Updates
- 4/27/22 U Visa RFEs
- 4/28/22 Motions to Reopen Removal Proceedings
- 5/3/22 The Family Visa Petition
- 5/3/22 Inaugural “Vicarious Trauma Check-in” for Immigration Attorneys & Legal Staff: Reflecting on Lawyering Under 4 Years of Trump + 1 Year of Biden and Looking Forward
- 5/4/22 California Pardons and Post-Conviction Relief
- 5/5/22 Stories from the Trenches: Tools for Dealing with Depression, Burnout, and Substance Abuse
- 5/5/22 Preventing & Mitigating Vicarious Trauma Among Immigration Legal Staff As An Immigration Attorney Supervisor or Manager
- 5/6/22 Preventing & Mitigating Vicarious Trauma Amidst Zealous Immigration Detention Lawyering & Organizing
- 5/6/22-5/13/22 NITA-NIPNLG “Advocacy in Immigration Matters” Training
- 5/10/22 Asylum Claims for Young People
- 5/10/22 2022 Consular Processing Updates: Strategies and Alternatives for NIV and IV Cases
- 5/11/22 EOIR/ICE Liaison Update: The Most Recent Information on the State of Prosecutorial Discretion
- 5/12/22 Advanced DACA Issues: What You Need to Know in 2022
- 5/13/22 FBA Immigration Law Conference
- 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 Fighting Interpol Red Notices with guest speaker, Sara Grossman
- 5/19/22 Waivers in Removal Proceedings: Beyond the Basics
- 5/19/22 Special Immigrant Juvenile Status: Your Client’s I-360 Is Approved, Now What?
- 5/24/22 Current Issues in Afghan Asylum Claims
- 5/24/22 Obstacles to TPS Eligibility
- 5/24/22 Advanced FOIA Techniques
- 6/7/22 Asylum and Employment Authorization
- 6/8/22 ASISTA: Immigration Practice & Policy for Survivors: What’s New & What’s Next
- 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)
- 7/13/22 CGRS Using Universal Expert Declaration in Immigration Court
- 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.org
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Thanks Elizabeth.
PWS
04-19-22
Join author Ali Noorani, CEO of the National Immigration Forum, for a virtual discussion on Wednesday April 27 from 1-2 pm ET about his newest book, “Crossing Borders: The Reconciliation of a Nation of Immigrants,” with Cornell immigration law professor Stephen Yale-Loehr and Wall Street Journal reporter Michelle Hackman. Based on interviews in Honduras, Mexico, Eastern Europe, and communities across the U.S., Mr. Noorani’s book presents the complexities of migration through the stories of families fleeing violence and poverty, the government, and nongovernmental organizations helping or hindering their progress, and the U.S. communities receiving them. Going beyond highly charged partisan debates, the panel will offer real insights and actionable strategies for restoring the dignity of both immigrants and the United States itself.
To register for the free webinar, go to https://ecornell.cornell.edu/keynotes/overview/K042722a The webinar is co-sponsored by the Cornell Migrations Initiative.
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Another all-star 🌟 panel featuring some of the “best in the business!” Think how much better immigration and human rights policies could be if folks like this were “on the inside” formulating and directing USG policy rather than commenting from the outside. I’ll bet the Immigration Courts, the border, and our asylum and refugee systems would all be on a much better trajectory!
PWS
04-18-22
Laila, my friend, everywhere I look you’re making news! Here’s Dan Kowalski @ LexisNexis on Layla’s well-deserved Lisa Brodyaga Award from the National Immigration Project:
Laila was also in the headlines in a report from Dean Kevin Johnson over at ImmigrationProf Blog designating her latest scholarship as the “Immigration Article of the Day:” Lawyering from a Deportation Abolition Ethic by Laila Hlass, 110 California Law Review (Forthcoming Oct. 2022):
Laila was a “guest lecturer” in my Refugee Law and Policy class during her time as a Fellow at the CALS Asylum Clinic at Georgetown Law. Since then, I have “returned the favor” by traveling to Tulane Law, both virtually and in person, to speak to Laila’s class and other immigration events. Laila has been recognized for “putting Tulane Law on the map” for innovative practical scholarship in immigration and international human rights and excellence in clinical teaching. No wonder she carries a “string of titles” at Tulane Law!
Laila is also one of many exciting examples of how clinical immigration and human rights professors have not only moved into the “academic mainstream” at major American law schools, but have been recognized as leaders and innovators by the larger academic communities in which they serve. Immigration law teaching has come a long way since the late INS General Counsel Charlie Gordon’s Immigration Law Class at Georgetown was the “only game in town.” (Historical trivia note: My good friend the late BIA Judge Lauri Filppu and I “aced” Charlie’s class in 1974, thus “besting” our then-supervisor at the BIA. That could have been a “career limiting” move. But, we both ended up on the “Schmidt Board” in the 1990s.)
Many congrats, Laila, on an already amazing career with even more achievements and recognition in your future. Thanks for being such a brilliant, inspiring, and dynamic role model for the New Due Process Army!
PWS
04-15-22
Friends,
I’m pleased to report that two Immigration Clinic student-attorneys, Trisha Kondabala and Mira Sadra Nabavi, researched, wrote, and filed the attached comment in response to a notice of proposed rulemaking regarding the public charge inadmissibility ground of the Immigration & Nationality Act.
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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
GWLawImmigrationClinic_publicchargecomment
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Congrats and kudos to Trisha and Mira!🤩
The future of American law and social justice is in your hands!⚖️🗽👍🏼
PWS
04-14-22
. . . .
This is the point of electing people of color to positions in which they are likely to be able to add a unique view to discussions about allocating public resources that centers disparities in particular communities.
The people of color who were elected to the Dane County Board — Brenda Yang, 19th District, Dana Pellebon, 33rd District, Olivia Xistris-Songpanya, 13th District; April Kigeya, 15th District — are cultural ambassadors who likely have the beginnings of answers to thorny questions that have bedeviled the Madison area for years.
Questions like how to perform outreach in communities that are cut off from Madison’s glittering Downtown and its majestic campuses; what to do about the lack of jobs for those approaching the job market with few skills; and how to string together disconnected neighborhood enclaves into a multicultural coalition that could hold their representatives to account.
Intertwined with how county leaders move toward equality for the most vulnerable is Tuesday’s election of women of color to the Madison School Board.
Nothing is more important than establishing the local public schools as safe places where children of color can read, write and compute math at the same level as their white, grade-level peers.
As a former Madison teacher, I can tell you from personal experience that the Madison schools have put an incredible amount of energy, time and cash behind training and programs to guide staff toward an understanding of the special needs, talents and assets of children of color.
School Board president and first-term incumbent Ali Muldrow was re-elected Tuesday, and Nichelle Nichols won an open seat. These women bring extensive personal and professional experience with Madison schools and the district office to bear on huge budgets meant to target the neediest students while still nurturing high-flyer learners.
Both the School Board and the Madison City Council have majorities of people of color leading them.
Surely, the authors of the “Race to Equity Project” report wouldn’t declare that the “mission” to promote “greater public awareness and understanding of the depth and breadth of the racial disparities that differentiate the white and black experience in Dane County, Wisconsin” is accomplished.
But they did tip their hat to all those who came before them. “Long before we came along, mission-driven institutions and a host of committed Dane County activists had been compiling an impressive record of struggle against racism, discrimination, and unequal opportunity. They have fought for equality and fairness for people of color from their positions as public officials, in the classroom, from the pulpit, at neighborhood centers, and in the day-to-day work of improving the future for at-risk children and families.”
Amen. It is on the shoulders of those who have gone before them that leaders of color in Madison are finally getting their due. There is much work to be done, but things are moving in the right direction. Compared to so many other municipalities, Dane County and Madison are moving relatively quickly to address big needs — this is exciting!
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Read Esther’s complete article at the link.
The “grass roots level” is a great place to make fairness and equity work for everyone in the community.
PWS
04-11-22
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
Biden Administration Prepares Sweeping Change to Asylum Process
NYT: Under the new policy, which the administration released on Thursday as an interim final rule, some migrants seeking asylum will have their claims heard and evaluated by asylum officers instead of immigration judges. The goal, administration officials said, is for the entire process to take six months, compared with a current average of about five years.
USCIS Agrees to Restore Path to Permanent Residency for TPS Beneficiaries
CLINIC: U.S. Citizenship and Immigration Services (USCIS) agreed to restore a path to permanent residency for many Temporary Protected Status (TPS) beneficiaries blocked by then-acting USCIS Director Ken Cuccinelli — an illegally appointed Trump official. Because of this agreement, TPS beneficiaries impacted by this policy will be able to reopen and dismiss their removal orders and apply to adjust their status to become permanent residents — eliminating the threat of deportation if their TPS protections are revoked in the future.
ICE ending Etowah County immigration detention after ‘long history of serious deficiencies’
AL: U.S. Immigration and Customs Enforcement, also known as ICE, will discontinue use of the Etowah County Detention Center in Gadsden, and will limit the use of the three other southern detention facilities: Glades County Detention Center in Moore Haven, FL., Winn Correctional Center in Winnfield, LA., and Alamance County Detention Facility in Graham, N.C. See also Biden to Ask Congress for 9,000 Fewer Immigration Detention Beds.
ICE claims ‘unabated’ legal access in detention during pandemic
Roll Call: Congress in the fiscal 2021 law instructed the agency to include the number of legal visits “denied or not facilitated” as well as how many detention centers do not meet the agency’s standards of communications between immigrants and their lawyers… [T]he report claimed ICE inspections in fiscal 2020 “did not identify any legal representatives being denied access to their clients.”
Border Chronicle: Behind closed doors, agents, like technocrats in a Fortune 500 company, create color-coded graphics to demonstrate the most “efficient” and “effective” enforcement techniques. Even though the effectiveness of deterrence has been questioned and refuted, and even though the question of human rights has not entered the equation at all, the U.S. federal government seems to be plowing ahead with this without any questions.
Boston asylum office has second lowest grant rate for asylum seekers in the country
GBH: The Boston asylum office for U.S. Citizenship and Immigration Services granted only about 11% of applications last year, less than half the national average, according to a report released Wednesday.
Judge Orders Immig. Atty To Pay $240K For Asylum Scam
Law360: A Massachusetts judge ordered an immigration attorney to pay $240,000 in penalties and restitution for filing frivolous and false asylum applications for undocumented Brazilian immigrants without their knowledge, according to a Thursday announcement from Massachusetts Attorney General Maura Healey.
EOIR Announces 25 New Immigration Judges
More than half of the judges will be going to the Hyattsville Immigration Court (Maryland) and Sterling Immigration Court (Virginia, opening May 2022). The list includes Claudia Cubas (CAIR Coalition), Kristie Ann-Padron (Catholic Legal Services, Miami), Kyle A. Dandelet (Pro Bono Immigration Attorney at Cleary Gottlieb), Ayodele A. Gansallo (Hebrew Immigrant Aid Society of Pennsylvania), Joyce L. Noche (Immigrant Defenders Law Center), Christine Lluis Reis (Human Rights Institute at St. Thomas University College of Law), Carmen Maria Rey Caldas (IRAP), and others.
Biden says the U.S. will take 100,000 Ukrainians. But how many will go?
WaPo: Refugee workers said it was typical for recent refugees to focus at first on the possibility that they would be able to return quickly to their lives. But should the war drag on, more Ukrainians would seize on the chance to seek a haven in the United States, they said.
Immigration, Environmental Law Links Deepen Under Biden
Law360: Immigration and environmental attorneys are increasingly banding together as advocacy groups on both the left and the right try to leverage environmental laws to influence immigration policy.
LITIGATION & AGENCY UPDATES
DHS Partly Barred From Tailoring Immigration Enforcement
Law360: An Ohio federal judge on Tuesday blocked the U.S. Department of Homeland Security from considering a Biden administration mandate that had narrowed immigration enforcement priorities while making custody decisions, finding the policy overstepped sections of federal immigration law.
CA2 “Weapons Bar” Remand: Kakar v. USCIS
Lexis: On review, the United States District Court for the Eastern District of New York affirmed the denial under the “weapons bar” of the Immigration and Nationality Act (INA), 8 U.S.C. § 1182(a)(3)(B)(iii)(V). The question on appeal is whether USCIS, in denying Kakar’s application, adequately explained the unlawfulness of Kakar’s acts under United States law, and whether in doing so it considered his claim of duress. Because we are unable to discern USCIS’s full reasoning for denying Kakar’s application or to conclude that the agency considered all factors relevant to its decision, we conclude that its decision was arbitrary and capricious under the APA.
CA 11 Says Marijuana Conviction Can’t Bar Removal Relief
Law360: The Eleventh Circuit ruled Thursday that the Board of Immigration Appeals erred when finding that a man’s Florida conviction for marijuana possession rendered him ineligible for a form of deportation protection.
Feds Lose Bid To Move Texas Sheriffs’ Immigration Policy Suit
Law360: A Texas federal judge has denied the Biden administration’s bid to transfer a group of Texas sheriffs’ challenge to the administration’s immigration enforcement policies, rejecting the argument that none of the sheriffs in the judicial district has standing to sue.
DHS and DOJ Interim Final Rule on Asylum Processing
AILA: Advance copy of DHS and DOJ interim final rule (IFR) on asylum processing. The IFR will be published in the Federal Register on 3/29/22 and will be effective 60 days from the date of publication, with comments accepted for 60 days.
DOS Provides Guidance on Visas for Ukrainian Children
AILA: DOS issued guidance on visas for Ukrainian children undergoing intercountry adoption or who previously traveled for hosting programs in the United States. The Ukrainian government is not currently approving children to participate in host programs in the United States. More details are available.
EOIR Updates Appendix O of the Policy Manual with Adjournment Code 22
AILA: EOIR updated appendix O of the policy manual with adjournment code 22. The reason is “Respondent or representative rejected earliest possible hearing date,” and the definition is “Hearing adjourned due to respondent or representative rejecting earliest possible hearing date.”
HHS 60-Day Notice and Request for Comment on Forms for Sponsors for Unaccompanied Children
AILA: HHS 60-day notice and request for comments on proposed revisions to the Family Reunification Packet of forms for potential sponsors of unaccompanied children. Comments are due 60 days after publication of the notice. (87 FR 16194, 3/22/22)
RESOURCES
- AIC: Alternatives to Detention: An Overview
- AIC: Biden’s New Asylum Process: What You Need to Know
- CLINIC: All About Employment Authorization Documents: FAQs for Legal Practitioners
- CLINIC: All About Cuban Adjustment: FAQs for Legal Practitioners
- CLINIC: Executive Office for Immigration Review (EOIR) Updates
- CLINIC: U.S. Citizenship and Immigration Services (USCIS)
- CRS: Expedited Removal of Aliens: An Introduction
- ILRC: 2022 Case Update: Domestic Violence Deportation Ground
- ILRC: Update on DHS Enforcement Priorities Litigation
- ILRC: Acquisition & Derivation Quick Reference Charts
- USCIS: Fact Sheet: DHS Efforts to Assist Ukrainian Nationals
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
- 6/28/22 Pro Bono Training: Asylum Pride Part 1
- 6/30/22 Pro Bono Training: Asylum Pride Part 2
GENERAL EVENTS
- 3/29/22 What U Practitioners Should Know in 2022: Monitoring Developments in U Visa Practice
- 3/29/22 Instrumentalising citizenship in the fight against terrorism: How have deprivation powers evolved since 9/11?
- 3/30/22 EOIR: Case & Appeals System; Immigration Court Online Resource
- 3/30/22 Increasing Immigrant Integration and Inclusion Through Community Partnerships
- 3/31/22 Asylum Overhaul: Unpacking DHS’ New Rule on Asylum Procedures
- 3/31/22 EOIR ECAS Information Sessions
- 3/31/22 The Crisis in Ukraine: Legal Services Insights, Responses, and Opportunities to Assist Refugees
- 4/1/22 EOIR – Chicago Model Hearing Program
- 4/1/22 Abolition Across Criminal Justice, Immigration, and National Security
- 4/5/22 Intensive T Visa Declaration Workshop
- 4/6/22 Initial TPS Applications
- 4/7/22 Motions Before the Board of Immigration Appeals
- 4/8/22 The Road to Abolition: Intersectional Approaches to Immigrant Justice
- 4/8/22 Prosecutorial Discretion (PD) in the Immigration Context: Advantages, Tactics, and Logistics
- 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
- 4/13/22 Understanding Helpfulness for U Visa Certification and the Ongoing Assistance Requirement
- 4/14/22 Workshop for Country Conditions Experts on Mitigating DHS Challenges
- 4/20/22 U Visa Webinar Series: U Visa Consular Processing
- 4/21/22 Monthly NIPNLG Removal Defense Webinar: Hot Topics in SIJS
- 4/21/22 The Asylum Processing Rule & Southern Border Legal Updates
- 4/25/22 Bias, Equity, and the Impact of Anti-Blackness on Immigrant Survivors
- 4/27/22 Special Immigrant Juvenile Policy Updates
- 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
- 5/13/22 FBA Immigration Law Conference
- 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)
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.org
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The idea that the DHS “New American Gulag” (“NAG”) doesn’t restrict attorney access is absurd! A primary reason for detention in obscure, out of the way, hard to reach places like Jena, LA, Lumpkin, GA, amd Dilley, TX is to inhibit representation and increase the pressure on detainees to abandon claims and take “final orders of removal.”
That goes hand in hand with staffing these prisons with DOJ’s wholly owned judges who are renowned for denying bond and summarily denying most asylum claims. That a disproportionate number of these facilities are located in Federal Judicial Circuits five and eleven, notorious for anti-due process, anti-human-rights, anti-immigrant “jurisprudence,” is no coincidence either.
With respect to the “categorical approach,” as my distinguished colleague Judge Jeffrey Chase has pointed out, EOIR has actually “institutionalized” resistance to and manipulation of this analysis to promote results unfavorable to immigrants and pleasing to DHS!
As several related Supreme Court decisions sealed the matter, the Board in 2016 was finally forced (at least on paper) to acknowledge the need to make CIMT determinations through a strict application of the categorical approach. However, as Prof. Koh demonstrates with examples from BIA precedent decisions, since 2016, the Board, while purporting to comply with the categorical approach, in fact has expanded through its precedent decisions the very meaning of what constitutes “moral turpitude,” enabling a greater number of offenses to be categorized as CIMTs.
Consistent with this approach was a training given by now-retired arch conservative Board member Roger Pauley at last summer’s IJ training conference. From the conference materials obtained by a private attorney through a FOIA request, Pauley appears to have trained the judges not to apply the categorical approach as required by the Supreme Court when doing so won’t lead to a “sensible” result. I believe the IJ corps would understand what this administration is likely to view as a “sensible” result. Remember that the IJs being trained cannot have more than 15 percent of their decisions remanded or reversed by the BIA under the agency’s completion quotas. So even if an IJ realizes that they are bound by case law to apply the categorical approach, the same IJ also realizes that they ignore the BIA’s advice to the contrary at their own risk.
As both of these incidents show, the Biden Administration under Mayorkas and Garland has failed to bring accountability or intellectual honesty to many parts of the broken immigration justice system they inherited from the Trump regime. The disgraceful “atmosphere of unaccountability” continues to predominate at DHS and DOJ.
PWS
03-29-22
https://public-inspection.federalregister.gov/2022-06357.pdf
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Tip: If EOIR really wants to change its public image and get more user input, giving more than 9 hours of public notice of the registration deadline might help!
PWS
03-28-22