"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Thanks for speaking out Andrea!Andrea is a former Arlington Immigration Court intern and one of the “charter members” of the NDPA. As captured on this video, she was assaulted by ICE while trying to assist her child client in reuniting with his mother! A civil suit against the agent involved is pending.
Elizabeth Gibson Attorney, NY Legal Assistance Group Publisher of “The Gibson Report”
COVID-19 & Closures
Note: Policies are rapidly changing, so please verify information with the government and colleagues.
EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, March 19, 2021 (The timing of postponement notices has been roughly every two weeks lately, but it has been inconsistent and it is unclear when the next announcement will be. EOIR announced 3/19 on Wed. 2/10, 2/19 on Mon. 1/25, 2/5 on Mon. 1/11, and 1/22 on Mon. 12/28). There is no announced date for reopening NYC non-detained at this time.
Politico: Congressional Democrats unveiled President Joe Biden’s expansive immigration reform bill Thursday, which would provide an eight-year pathway to citizenship for 11 million undocumented immigrants. But it already faces dim prospects for becoming law with such narrow Democratic majorities in both chambers. See also Factbox: What’s in Biden’s sweeping immigration bill being rolled out in Congress?
CNN: The guidelines establishes strict parameters for ICE officers, particularly in the event that an undocumented immigrant is encountered who’s not being targeted, and appears intended to restrain an agency emboldened under the last administration. See also New ICE Enforcement Priorities Represent an Important Shift, But More Change Is Needed.
CNN: Twenty-five migrants who had been forced to stay in Mexico crossed the US border in San Diego on Friday, the first group to arrive in the country as part of the Biden administration’s rollback of a controversial Trump-era policy, according to a source with knowledge of the process. See also The Ambiguous End of “Remain in Mexico.”
BuzzFeed: Department of Homeland Security officials have been directed to stop using words such as “alien” and “illegal alien” from communications with the public or within the agency when referring to people who aren’t US citizens in an effort by the Biden administration to recast immigration terminology.
SPLC: A federal court has again blocked a Trump administration ban that categorically denied asylum to anyone at the southern border who had transited through a third country en route to the United States, with very limited exceptions.
CBS: The Department of Homeland Security on Tuesday moved to scrap a contract signed at the tail end of the Trump administration that could have allowed a union of deportation officers to stall the implementation of certain immigration policy changes.
BuzzFeed: As millions across Texas endured freezing temperatures without running water or electricity this week, immigrants detained by ICE said they have endured their own misery with not enough to drink, toilets full of human excrement that couldn’t be flushed, and days without being able to shower.
ICE: He is the former Dean of the University of San Francisco School of Law, where he established an immigration law clinic. Prior to his time as Dean, Mr. Trasviña served as the Assistant Secretary of the Office of Fair Housing and Equal Opportunity in the U.S. Department of Housing and Urban Development, managing over 580 employees and a budget exceeding $140 million per year, and President and General Counsel of the Mexican American Legal Defense and Educational Fund (MALDEF).
CNN: Immigration and Customs Enforcement is planning to release some migrant families in detention to accommodate the arrival of migrants arrested at the US-Mexico border, according to two Homeland Security officials.
Reuters: The justices agreed to take up an appeal that the Trump administration had filed of a lower court ruling that found the rule likely violated federal immigration and administrative law by impermissibly expanding the definition of who counts as a “public charge” and greatly increasing the number of people who would be rejected for residency.
Conecta: Individuals and families who believe they may be eligible for the program for active MPP cases can now register via Conecta for an appointment with the Support Hub, the first step in the process. For those without internet, call: 800 283 2753.
USCIS updated guidance in its Policy Manual regarding the educational requirements for naturalization. The update, effective 3/1/21, provides that USCIS will revert to administering the 2008 civics test to applicants who filed for naturalization before 12/1/20, or who will file on or after 3/1/21. AILA Doc. No. 21022232
ICE Acting Director issued a memo establishing interim guidance in support of the interim civil immigration enforcement and removal priorities issued by DHS on 1/20/21. The guidance, effective immediately, covers enforcement actions, custody decisions, execution of final orders of removal, and more. AILA Doc. No. 21021800
CDC notice announcing a temporary exception from expulsion for unaccompanied noncitizen children to its order issued October 13, 2020, suspending the right to introduce certain persons from countries where a quarantinable communicable disease exists. (86 FR 9942, 2/17/21) AILA Doc. No. 21021732
Unpublished BIA decision equitably tolls 180-day time limit on motion to rescind in absentia order based on ineffective assistance of counsel. Special thanks to IRAC. (Matter of Enriquez-Godinez, 6/24/20) AILA Doc. No. 21021600
Unpublished BIA decision holds that carrying a firearm without a license under 18 Pa. Cons. Stat. 6106(a)(1) is not a firearms offense because it applies to antique firearms that are suitable for use. Special thanks to IRAC. (Matter of Santana Colon, 6/30/20) AILA Doc. No. 21021601
The court held that substantial evidence supported the BIA’s decision affirming the IJ’s adverse credibility determination, reasoning that discrepancies in the record warranted a finding that petitioner had testified untruthfully about his asylum claim. (Zaruma-Guaman v. Wilkinson, 2/9/21) AILA Doc. No. 21021837
The court rejected the petitioner’s contention that the conditions of prolonged 41-bis incarceration he faced or would face in Italy rose to the level of torture, as that term is used in the Convention Against Torture (CAT) and its implementing regulations. (Gallina v. Wilkinson, 2/12/21) AILA Doc. No. 21021840
The court rejected the BIA’s “excessively narrow” view of the nexus requirement, concluding that the record indisputably showed that the petitioner had satisfied her burden to establish that her familial ties were one central reason for her persecution. (Diaz de Gomez v. Wilkinson, 2/8/21) AILA Doc. No. 21021631
The court held that it lacked jurisdiction to review petitioner’s argument that the IJ and BIA erred in finding his conspiracy to commit wire fraud offense was a “particularly serious crime” rendering him statutorily ineligible for withholding of removal. (Tibakweitira v. Wilkinson, 2/1/21) AILA Doc. No. 21021632
The court held that BIA did not abuse its discretion in denying the petitioner’s motion to reopen her 1992 deportation proceedings, finding that the Supreme Court’s decision in Pereira v. Sessions did not affect the soundness of her proceedings. (Perez-Perez v. Wilkinson, 2/11/21) AILA Doc. No. 21021841
The court held that the BIA and the IJ failed to consider evidence that the petitioner’s removal would result in exceptional and extremely unusual hardship to his daughter, given that her hardship—a speech impairment—is aggravated by her emotional turmoil. (Martinez-Baez v. Wilkinson, 2/1/21) AILA Doc. No. 21021634
Where the BIA upheld the denial of asylum to petitioner based on a finding that serious reasons exist to believe he committed a serious nonpolitical crime, the court held that the “serious reasons for believing” standard requires a finding of probable cause. (Barahona v. Wilkinson, 2/3/21) AILA Doc. No. 21021636
Upholding the BIA’s denial of asylum and related relief, the court found that the petitioner’s proposed particular social group (PSG) comprised of “minor Christian males who oppose gang membership” was not a cognizable PSG. (Santos-Ponce v. Wilkinson, 2/10/21) AILA Doc. No. 21021932
Denying in part the petition for review, the court held that petitioner’s proposed particular social group (PSG) of “Mexican wealthy business owners” was not cognizable because it lacked social distinction, particularity, or an immutable characteristic. (Macedo Templos v. Wilkinson, 2/9/21) AILA Doc. No. 21021931
Granting the petition for review, the court held that the IJ and BIA had impermissibly refused to consider the Iraqi petitioner’s mental illness as a factor in determining whether he was barred from withholding of removal based on a particularly serious crime. (Shazi v. Wilkinson, 2/11/21) AILA Doc. No. 21021930
Granting the petition for review, the court held that the act of reentering illegally under INA §241(a)(5) requires some form of misconduct by the noncitizen—such as entering without inspection—rather than merely the status of inadmissibility. (Tomczyk v. Wilkinson, 2/3/21) AILA Doc. No. 21021644
A district court granted a preliminary injunction preventing the government from implementing the Third Country Transit Ban final rule and ordering the return to the pre-Final Rule practices for processing asylum applications. (East Bay Sanctuary Covenant vs. Barr, 2/16/21) AILA Doc. No. 21021645
Granting in part plaintiffs’ motion for emergency relief, the court ordered defendants to treat all visas issued or renewed pursuant to Gomez v. Trump as having been issued in the first instance as of the date the court makes a final judgment. (Gomez, et al., v. Biden, et al., 2/19/21) AILA Doc. No. 21022233
The district court preliminarily approved a settlement agreement under which the L.A. County Sheriff’s Department will pay $14,000,000 to former inmates detained beyond the expiration of their state criminal charges pursuant to immigration detainers. (Roy v. County of Los Angeles, 11/25/20) AILA Doc. No. 21021736
The U.S. District Court for the District of Massachusetts issued a preliminary injunction requiring DHS to rescind the orders returning seven asylum-seeking plaintiffs to Mexico pursuant to the Migrant Protection Protocols (MPP). (Bollat Vasquez, et al. v. Mayorkas, et al., 2/13/21) AILA Doc. No. 21021646
Law360: A California federal judge has recommended sanctioning the U.S. Department of Homeland Security and Customs and Border Protection, finding Thursday that two officials shredded notes relevant to asylum-seekers’ claims of being illegally turned away from the southern border.
DHS announced that it has begun the first step in a phased approach to process individuals returned to Mexico with active MPP cases. DHS processed a limited number of individuals on 2/19/21 through the San Ysidro Port of Entry. Additional ports of entry will begin processing individuals this week. AILA Doc. No. 21021230
DOS updated its guidance on K visa processing for individuals who are named plaintiffs in Milligan v. Pompeo and who are subject to a geographic COVID-related proclamation. DOS also provided guidance for K visa applicants who are not plaintiffs in the case. AILA Doc. No. 20113030
USCIS notice extending Deferred Enforced Departure (DED) and work authorization for eligible Liberians through 6/30/22, pursuant to the memo issued by President Biden on 1/20/21. (86 FR 9531, 2/16/21) AILA Doc. No. 21021233
CUNY Immigration Seminar Series, Spring 2021: Feb 5: Holding Fast, Feb 19: Hyper Education, Mar 5: Citizenship Reimagined, Mar 12: The President and Immigration Law, Mar 26: The Browning of the New South, Apr 9: Reuniting Families, Apr 23: Represented But Unequal, Apr 30: Pursuing Citizenship in the Enforcement Era.
FJC Core and Advanced Trainings, February and March 2021 for service providers, community leaders, and city agency staff who are working with populations directly or indirectly affected by domestic and gender-based violence.
I am reaching out again to ask for your help in recruiting adjunct professors for VIISTA, the new online certificate program I created at Villanova University to train immigrant advocates. The program launched in the fall and will start again in May. We expect to need 3-5 additional adjunct professors to start in May, August and/or January.
The VIISTA certificate program is aimed at people who are passionate about immigrant justice but are not interested in pursuing a law degree at the moment, such as recent college grads, people seeking an encore career, retirees and the many who currently work with migrants and want to understand more about the immigration laws that impact them. It is also attractive to students seeking to take a gap year or two between college and law school or high school and college.
VIISTA is offered entirely online and is asynchronous, allowing students to work at their own pace and at times that are most convenient for them. I piloted the curriculum during last academic year and the students loved it. It launches full time in August, and will subsequently be offered each semester, so students can start in August, January, and May.
The Adjunct Professors will work with me to teach cohorts of students as they move through the 3-Module curriculum. Module 1 focuses on how to work effectively with immigrants. Module 2 is designed to teach the immigration law and policy needed for graduates to apply to become partially accredited representatives. Module 3 has more law, and a lot of trial advocacy for those who want to apply for full DOJ accreditation. Each Module is comprised of 2×7-week sessions and students report that they have worked between 10-15 hours/week on the course materials. As an adjunct professor, you will provide feedback weekly on student work product, conduct live office hours with students and work to build engagement and community among the students in your cohort. Tuition for each Module is $1270, it is $3810 for the entire 3-Module certificate program.
I would love for you to help me by sharing this with former students and immigration lawyers in your networks. Here is a link to the job posting:
Also, please note that scholarships are being offered through the Augustinian Defenders of the Rights of the Poor to select students who are sponsored to take VIISTA by recognized organizations. For more information on the scholarships, visit this page, https://www.rightsofthepoor.org/viista-scholarship-program
My best,
Michele
Michele
Michele R. Pistone
Professor of Law
Villanova University, Charles Widger School of Law
Founding Faculty Director, VIISTA: Villanova Interdisciplinary Immigration Studies Training for Advocates
Michele tells me that the time commitment is approximately 8-10 hrs/week, and significantly, the teaching can be done from anywhere you have an internet connection!
For those of you who haven’t taught law online, I was amazingly pleased by my experience last summer at Georgetown Law. Of course, I attribute that almost all to the remarkable skills of the students in creating dialogue and sharing information. They also did it with humor, creativity, and “presence,” showing that they understood the ”performing artist” aspects of lawyering, judging, and teaching!
I also benefitted from the outstanding technical support, instruction, and patience from the Georgetown Law staff! I know that Michele’s technical support is also some the most talented out there on the internet!
And, the best part of the job would, in my view, be working with Michele who is one of the best, most creative, and most “constructively disruptive”minds in American law, as well as being just a wonderful human being! I learn something new every time I speak with her!
Michele’s goal for VIISTA is to get 10,000 more trained accredited representatives out there representing asylum seekers in 10 years (or fewer). Let’s help her get there!
President Biden’s Executive Actions on Immigration
A new webpage from the Center for Migration Studies summarizes and analyzes recent executive orders, proclamations, and directives from the Biden administration.
On his first day in office, President Biden issued a number of orders, proclamations, and directives that reversed policies enacted by the Trump administration and sought to put the US immigration system on a far different course. These executive actions:
Ended the discriminatory travel bans;
Revised US immigration enforcement priorities
Protected Deferred Action for Childhood Arrivals (DACA) recipients;
Temporarily halted construction of the US-Mexico Border Wall;
Ensured that all US-residents, including undocumented immigrants, are counted in the 2020 Census; and
Reinstated Deferred Enforced Departure (DED) for Liberians.
President Biden also sent the US Citizenship Act of 2021 to Congress. If passed by the Senate and House, this bill would represent the most sweeping immigration reform legislation in decades and lead to the largest legalization program in US history.
President Biden has since issued several additional Executive Orders (EOs), which:
Created a task force to reunify separated migrant families;
Require federal agencies to review the Trump administration’s actions related to immigration;
Provide for safe and orderly processing of asylum applications at the border;
Call for the Department of Homeland Security (DHS) and the Department of State (DOS) to rebuild and strengthen the US Refugee Admissions Program.
The Center for Migration Studies (CMS) is a New York-based educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. For more information, please visit www.cmsny.org.
Elizabeth Gibson Attorney, NY Legal Assistance Group Publisher of “The Gibson Report”
COVID-19 & Closures
Note: Policies are rapidly changing, so please verify information with the government and colleagues.
EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, March 19, 2021. There is no announced date for reopening NYC non-detained at this time.
DHS: Beginning on February 19, the Department of Homeland Security (DHS) will begin phase one of a program to restore safe and orderly processing at the southwest border. DHS will begin processing people who had been forced to “remain in Mexico” under the Migrant Protection Protocols (MPP). Approximately 25,000 individuals in MPP continue to have active cases.
Spectrum: The Biden administration officially rescinded the “no blanks” policy by updating guidance on the U.S. Citizenship and Immigration Services website in late January, a spokesperson confirmed to Spectrum News this week.
NBC: The White House is expected to select Michelle Brané of the Women’s Refugee Commission as the executive director of the task force to reunite migrant families separated by the Trump administration, three sources familiar with the decision tell NBC News.
WSJ: Business groups and immigrant advocates say they are worried that a ban imposed last year on most forms of legal immigration in response to the Covid-19 pandemic could stick even as President Biden undoes many of his predecessor’s other immigration policies.
Guardian: US Immigration and Customs Enforcement (Ice) deported at least 72 people to Haiti [last] Monday, including a two-month-old baby and 21 other children, as the Biden administration made clear it would press on with expulsions of newly-arrived migrants, pending a review of immigration policy.
Guardian: At least 11 migrant women were dropped off in Mexican border towns without birth certificates for their days-old US citizen newborns since March of last year, an investigation by the Fuller Project and the Guardian has found.
MJ: Many of the examples of “death while waiting” that Kocher’s question prompted can’t be directly attributed to the immigration system or the United States government. Motorcycle accidents and terminal illnesses are to blame. These fatalities are not accounted for in immigration statistics. But they evoke a concept known in the social studies field as “slow violence,” a kind of structural harm that happens “gradually and out of sight” and is often hard to assign to a specific perpetrator.
TRAC: The latest available case-by-case Immigrant Court records show that immigration cases that were completed in the first four months of FY 2021 took nearly twice as long from beginning to end as cases completed in the first four months of FY 2020. Cases that were completed between the beginning of October 2020 and the end of January 2021 took, on average, 859 days compared to 436 days over the same period a year before.
NPR: In an attempt to recruit lawmakers to their cause, FAIR targeted delegations from states that were projected to lose House seats if the apportionment counts were altered to leave out unauthorized immigrants. FAIR emphasized that if successful, the lawsuit would not hurt states’ bottom lines. Unauthorized immigrants would still be counted in the census numbers used to guide the distribution of federal grants to states, just not in the counts for dividing up House seats and electoral votes.
Guardian: That sudden spike is still relatively modest compared to huge figures from fiscal year 2019, when Border Patrol apprehended more than 76,000 unaccompanied children, a trend that reached its zenith that spring.
Law360: Foreign students studying in the United States will be able to return to the U.S. automatically, despite President Joe Biden’s across-the-board travel restrictions, under a set of new exemptions laid out by the U.S. Department of State on Wednesday.
NYT: The border with Mexico extends well beyond the desert. Tighter enforcement on land has driven record numbers of migrants to attempt dangerous crossings by water.
CityLimits: Both Mario and Fernando say that on the vaccination day, the county jail doctor did not give information about the vaccine. “They didn’t inform me of anything. They just gave me a piece of paper [the vaccination card], with my ID number and my name. They didn’t even say what kind of vaccine it was,” says Fernando.
A district court extended for another 14 days the Temporary Restraining Order (TRO) enjoining the government from executing a 100-day pause on the removal of individuals already subject to a final Order of Removal, as outlined in the 1/20/21 DHS memo. (State of Texas v. USA, et al., 2/8/21) AILA Doc. No. 21012634
The court issued an order staying the district court’s ruling that had enjoined the government from expelling unaccompanied children (UACs) from the U.S.-Mexico border without a hearing or asylum interview under Title 42’s public health provisions. (P.J.E.S. v. Pekoske, 1/29/21) AILA Doc. No. 21021231
Unpublished BIA decision reopens proceedings sua sponte for DACA recipient who was married to a U.S. citizen and the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Sanabria Rosales, 6/17/20) AILA Doc. No. 21021000
Unpublished BIA decision reopens proceedings sua sponte for respondent with TPS to adjust status under Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Rivas, 6/16/20) AILA Doc. No. 21020803
Unpublished BIA decision rescinds in absentia order of deportation because signature on return receipt for Order to Show Cause did not belong to respondent or a responsible person at his address. Special thanks to IRAC. (Matter of Ramirez Flores, 6/16/20) AILA Doc. No. 21020804
Unpublished BIA decision reopens proceedings sua sponte to let respondent adjust status based on approved visa petition filed by U.S. citizen child who is active member of the military. Special thanks to IRAC. (Matter of Oh, 6/23/20) AILA Doc. No. 21021001
Where petitioner had filed a motion to reopen and remand his case to the IJ in light of his placement by USCIS on the U visa waiting list, the court held that the BIA abused its discretion in denying the motion by failing to follow its own precedents. (Granados Benitez v. Wilkinson, 1/28/21) AILA Doc. No. 21021130
Law360: In a first-of-its-kind ruling, the First Circuit found that searches of cellphones and other electronic devices at the U.S. border do not require a warrant or probable cause and can be used to search for contraband.
Granting in part the petition for review, the court found to be unreasonable the BIA’s determination that the petitioner’s proposed particular social group (PSG) of “former Salvadoran MS-13 members” lacked particularity, and thus remanded his withholding claim. (Amaya v. Rosen, 1/25/21) AILA Doc. No. 21021131
The court held that a noncitizen who entered the United States without being “inspected and admitted or paroled” may not have their status adjusted to that of lawful permanent resident (LPR) by virtue of obtaining Temporary Protected Status (TPS). (Solorzano v. Mayorkas, 2/3/21) AILA Doc. No. 21021034
The court held that the petitioner’s conviction for the use of an unauthorized social security number in violation of 42 USC §408(a)(7)(B) was a crime involving moral turpitude (CIMT), such that the petitioner was ineligible for cancellation of removal. (Munoz-Rivera v. Wilkinson, 1/27/21) AILA Doc. No. 21021133
The court held that petitioner’s credible testimony about her attempted gang rape in India was sufficient to establish past persecution, and that the BIA erred in imposing evidentiary requirements of ongoing injury or treatment beyond the attempted sexual assault. (Kaur v. Wilkinson, 1/29/21) AILA Doc. No. 21021134
Advance copy of USCIS notice extending Deferred Enforced Departure (DED) and work authorization for eligible Liberians through 6/30/22, pursuant to the memo issued by President Biden on 1/20/21. The notice will be published in the Federal Register on 2/16/21. AILA Doc. No. 21021233
Executive order issued 2/10/21 imposing sanctions on those determined to have contributed to instability in Burma, including, among other things, suspending the immigrant and nonimmigrant entry into the United States of such persons. (86 FR 9429, 2/12/21) AILA Doc. No. 21021235
A number of the “Top Stories” have been covered separately on Courtside.
One that hasn’t is Michelle Hackman’s article in the WSJ about the predictable stupidity of the Trump regime’s “work visa ban.” Part of the White Nationalist restrictionist agenda, it was rolled out by Stephen Miller on the bogus pretext of “protecting American labor” during the pandemic.
However, as Michelle points out, it did nothing of the sort. What it did do, as many of us had projected, was create hardship for American employers, diminish the economy, create hardship for the potential workers and their families, but all without creating any meaningful job opportunities for American workers.
Just another of the many examples of how bad policies, based on nationalist myths, racism, and xenophobia rather than facts and realities, have many far reaching adverse effects for American and beyond.
I anticipate that at some point, the Biden Administration will resume regular issuance of work visas. When, however, is a different question.
Government Misleadingly Posts Enjoined Asylum Regs
As we all know, on December 10, the Departments of Justice and Homeland Security jointly published final rules widely referred to as the “Death to Asylum” regulations. On January 8, a U.S. District Court Judge issued a preliminary injunction blocking those rules from taking effect. The rules remain enjoined at present.
However, EOIR, the agency housing the Immigration Courts and the Board of Immigration Appeals, maintains a Virtual Law Library (“VLL”) on its website. Most EOIR judges, staff attorneys, and law clerks use the VLL to reference applicable law when drafting decisions. Many private lawyers and other interested individuals outside of government use the VLL as a resource as well. In addition to listing all precedent decisions of the BIA and the Attorney General, the VLL contains links to the most current versions of both the Immigration & Nationality Act and the regulations that interpret it.
One clicking on the link to the federal regulations on the VLL is taken to a site called e-CFR, which is maintained by the U.S. Government Printing Office. At present, that site displays the enjoined “Death to Asylum” rules as if they are presently in effect. The site does not state that the regulations have been enjoined, and therefore may not be relied on.
This means that at present, an Immigration Judge, Board Member, law clerk, staff attorney, or anyone else involved in the decision-making process who researches the law applicable to a pending asylum case will read rules that are not actually in force, but that mandate the denial of asylum in cases that should be granted under the actual applicable law. The judges and their staff will see “rules” that require an overly narrow view of what constitutes political opinion or a particular social group; of who may be a persecutor and of how nexus is established. They will see language making it more difficult to find that an asylum seeker could not have reasonably relocated within their country; that discourage reliance on country condition information critical to establishing many elements of individual claims; and that, in some cases, call for the termination of bona fide asylum claims as “frivolous,” a classification that carries a lifetime bar to any and all immigration benefits.
Remarkably, when made aware of the problem, government officials defended the posting of the non-applicable rules on the grounds that their “effective date” had been reached, and seemed unable to understand what the problem was. I would hope that the Biden Administration might instruct these officials why it might actually be a problem for judges to access rules requiring them to deny asylum claims they should actually be granting. They might want to add that it would be a particularly good practice to double-check before posting any rule commonly referred to as “Death to Something.”
In the meantime, attorneys should carefully review all written decisions from EOIR, checking whether they cite to the inapplicable regs.
Copyright 2021 Jeffrey S. Chase. All rights reserved.
Republished by permission.
***********************
They might want to add that it would be a particularly good practice to double-check before posting any rule commonly referred to as “Death to Something.”
In the meantime, attorneys should carefully review all written decisions from EOIR, checking whether they cite to the inapplicable regs.
Says it all! EOIR = FUBAR 🤡🦹🏿♂️☠️
Hey, it’s only human lives and futures at stake!
And, of course, it’s the job of the job of the private bar to “cite check” the (non) experts @ EOIR!
Just think how justice could be achieved with real expert judges who understand asylum law in the first place and competent judicial (not bureaucratic) management focused on quality, efficiency, best practices, and most of all, correct, just results that comply with due process and fundamental fairness? What if all Federal Courts (including the Supremes) functioned in the manner set forth in the previous sentence: Racial justice might become a reality rather than an unfulfilled promise!
Fold up the tent on the “Clown Show” 🤡🦹🏿♂️ and replace it with real judges and real courts. The right folks are out there! But, they are mostly fighting the “malicious incompetence” from the outside, rather than solving problems and promoting justice “from the inside.”
EOIR might not be using the correct version of 8 CFR. But, they DO have wasteful and unnecessary “Judicial Dashboards” on every bench to jack up stress levels, promote “corner cutting and sloppy work,” and check to make sure “deportation quotas” are being made!
Trump Era Immigration Kakistocrat Photo: Bennie Thomas, Creative Commons License“Luke Skywalker” A/K/A Professor Lucas Guttentag Yale Law Photo: Duke Law via YouTube
Professor Lucas Guttentag has tracked “every known Trump-era immigration policy from January 2017 through the end of the administration.” There are over 1,000! This “easy to use” tool should be a great resource for policy makers, litigators, legislators, journalists, students, historians and teachers looking to grasp and dismantle Trump’s anti-American, anti-humanity immigration initiatives!
Needless to say, there is a whole section for the EOIR Clown Show/Kakistocracy 🤡🦹🏿♂️ containing 173 separate entries!
Elizabeth Gibson Attorney, NY Legal Assistance Group Publisher of “The Gibson Report”
COVID-19 & Closures
Note: Policies are rapidly changing, so please verify information with the government and colleagues.
EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, February 19, 2021 (There has been no change in two weeks, but news may still come later today). There is no announced date for reopening NYC non-detained at this time.
WaPo: President Biden signed executive actions Tuesday ordering the review and potential reversal of the Trump administration’s deterrent policies along the Mexico border and the barriers they created to legal immigration, calling his predecessor’s actions “very counterproductive to our security.” The directives also create an interagency task force to reunite families separated by former president Donald Trump’s “zero tolerance” border crackdown.
WaPo: U.S. Immigration and Customs Enforcement is preparing to issue new guidelines to agents this week that could sharply curb arrests and deportations, as the Biden administration attempts to assert more control over an agency afforded wide latitude under President Donald Trump, according to internal memos and emails obtained by The Washington Post.
U.S. News: Neither ICE nor Customs and Border Protection will conduct immigration enforcement actions at vaccination sites and clinics, the agency said. The Federal Emergency Management Agency will work to set up fixed facilities, pop-up locations and temporary vaccination sites, including mobile vaccination clinics, DHS said.
NPR: The Biden administration is ending agreements with the governments of El Salvador, Guatemala and Honduras that the Trump administration said were meant to help drive down the number of migrants seeking asylum at the U.S. border.
CBS: In the order, Mr. Biden called for an expansion of the decades-old U.S. refugee program, which was gutted by former President Trump, who frequently portrayed refugees as economic and security risks. After former President Obama set a 110,000-person ceiling before leaving office, Mr. Trump slashed it every fiscal year, allocating a historically low 15,000 spots in 2020.
Politico: Alejandro Mayorkas was confirmed on Tuesday to serve as secretary of Homeland Security, putting him in charge of carrying out the Biden administration’s immigration agenda and tackling national security concerns.
NYT: A State Department official said in federal court last month that, as of Dec. 31, more than 380,000 immigrant visa applicants were awaiting a consular interview. Immigration experts said it would take up to a year under normal circumstances to work through that many applications.
Buzzfeed: Mexico’s foreign ministry said the country continues to accept Central American nationals expelled by US border officers, but that there had been some changes at the local level in the last few days. The department said this was due to the implementation of the child protection law.
USA Today: The number of unaccompanied immigrant minors arriving at the U.S. border with Mexico is on a steep rise, posing an early challenge to ambitious plans by President Joe Biden to loosen immigration rules.
Gothamist: Immigration and Customs Enforcement says its detention center at the Bergen County Jail in New Jersey is about 50% over capacity, raising concerns about the spread of the coronavirus as lawyers continue to struggle to get medically-compromised immigrants out of detention.
WaPo: Mexican police participated in a massacre last month that left 19 people dead, including at least 13 who appear to have been Guatemalan migrants on their way to the United States, a state prosecutor said late Tuesday.
ABC: U.S. federal prosecutors have filed motions saying that Honduran President Juan Orlando Hernández took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the United States.
Vox: The Court planned to hear two cases — now known as Mayorkas v. Innovation Law Lab and Biden v. Sierra Club — which questioned the legality of anti-immigration policies put in place during the Trump administration.
But the Biden administration rescinded one of these policies and drastically curtailed the other, and asked the justices to remove arguments in both Innovation Law Lab and Sierra Club from its calendar in light of these policy changes.
NYLAG: In a significant victory for open government advocates, the U.S. Court of Appeals for the Second Circuit ruled that people can sue to enforce the Freedom of Information Act (FOIA) requirement that federal agencies post certain documents online so that they are accessible to the public. The decision was issued in New York Legal Assistance Group (NYLAG) v. Board of Immigration Appeals, in which Public Citizen Litigation Group served as lead counsel along with NYLAG as co-counsel.
Unpublished BIA decision reopens proceedings sua sponte for respondent from Haiti to adjust status through U.S. citizen wife following reentry under grant of advance parole. Special thanks to IRAC. (Matter of Pierre, 6/11/20) AILA Doc. No. 21020501
Unpublished BIA decision equitably tolls MTR deadline and terminates proceedings against respondent whose convictions where vacated due to misconduct by a chemist working in the state drug lab. Special thanks to IRAC. (Matter of Santiago, 6/10/20) AILA Doc. No. 21020500
Unpublished BIA decision remands for consideration of request for administrative closure in light of intervening decision in Zuniga Romero v. Barr (4th Cir. 2019), to seek provisional unlawful presence waiver. Special thanks to IRAC. (Matter of Ventura Santizo, 6/9/20) AILA Doc. No. 21020402
Unpublished BIA decision rescinds in absentia order entered by Orlando immigration court where NTA indicated that hearing would be held in Miami. Special thanks to IRAC. (Matter of Marrero Soca, 6/5/20) AILA Doc. No. 21020401
Unpublished BIA decision rescinds in absentia order because NTA was sent to UPS mailbox that respondent was no longer renting. Special thanks to IRAC. (Matter of Kiss, 6/2/20) AILA Doc. No. 21020400
ASISTA: The 1st Circuit found that the BIA had abused its discretion in failing to follow Matter of Sanchez-Sosa in adjudicating the U visa petitioner’s Motion to Reopen and ordered remand. Click on the links to access the Amicus Brief and the Decision.
President Biden issued an Executive Order revoking certain past presidential actions on refugee admissions and resettlement; directing government agencies to take steps to improve URSAP; to complete a review of SIV programs; and to submit a report on climate change and its impact on migration. AILA Doc. No. 21020530
On 2/2/21, the White House issued an executive order to implement a comprehensive three-part plan for safe, lawful, and orderly migration across the southern border, as well as to review the MPP program. The order also directs a series of actions to restore the asylum system. (86 FR 8267, 2/5/21) AILA Doc. No. 21020237
On 2/2/21, the White House issued an executive order requiring agencies to conduct a review of recent regulations, policies, and guidance that have set up barriers to our legal immigration system, and ordering immediate review of agency actions on public charge inadmissibility. (86 FR 8277, 2/5/21) AILA Doc. No. 21020235
On 2/2/21, the White House issued an executive order establishing a task force to reunite families that remain separated and also revokes the Trump administration’s executive order that sought to justify separating children from their parents (EO 13841). (86 FR 8273, 2/5/21) AILA Doc. No. 21020236
CBP announced that, effective February 2, 2021, it is enforcing the requirement that travelers wear face masks at all air, land, and sea ports of entry. The new requirement applies to all persons older than two years of age, with limited exceptions, and will remain in effect until further notice. AILA Doc. No. 21020432
CUNY Immigration Seminar Series, Spring 2021: Feb 5: Holding Fast, Feb 19: Hyper Education, Mar 5: Citizenship Reimagined, Mar 12: The President and Immigration Law, Mar 26: The Browning of the New South, Apr 9: Reuniting Families, Apr 23: Represented But Unequal, Apr 30: Pursuing Citizenship in the Enforcement Era.
Our Symposium’s focus will be on the practical aspects of immigration law and the current policy debates surrounding the field. Our goal is to present a compelling CLE program for immigration and non-immigration practitioners alike, as well as to provide an engaging educational experience for current law students. This year’s theme is “The Road to Rehabilitation: Reconnecting with Humanity.”
Attendees will have the opportunity to hear a variety of notable immigration attorneys, leaders, and scholars speak on current issues within the field of immigration law in the United States.
Our event is made possible through the generous sponsorship of Terry Bassham (’85) & Zulema Carrasco Bassham.
Featured Speakers and Panelists
Eduardo Beckett
Immigration Attorney featured in “Immigration Nation” Docuseries on Netflix
Shaw Drake
Staff Attorney and Policy Counsel, Border and Immigrants’ Rights, ACLU of Texas
Celina Moreno
President and CEO, Intercultural Development Research Association (IDRA)
Eitan Peled
UNICEF USA Child Migration & Protection Program Manager
Cristina Rodriguez
Leighton Homer Surbeck Professor of Law, Yale Law School
Teresa Romero
President, United Farm Workers of America
Erica Schommer
Clinical Professor of Law, St. Mary’s University School of Law
Karla Vargas
Senior Attorney, Texas Civil Rights Project
Register Today. We Look Forward to Seeing You.
This CLE event is pending approval by the State Bar of Texas for 5 CLE credit hours (including 1 hour of ethics).
Registration is now open and available through February 26:
Attorney registration $85
Government employee and non-attorney registration $55
Immigration volunteer registration $25
Student registration $10 (scholarships available for St. Mary’s School of Law students only; please email lawscholar@stmarytx.edu from your St. Mary’s email address telling us why you would like to attend)
St. Mary’s School of Law faculty/staff and Scholar Volume 23 member registration is free
The Scholar: St. Mary’s Law Review on Race and Social Justice is a student-run law review at St. Mary’s University School of Law in San Antonio, Texas. The goal of The Scholar is to give a voice to the voiceless and the vulnerable in our society. The Scholar publishes three issues per volume on a variety of legal topics through the lens of race and social justice. Additionally, The Scholar hosts an Immigration Symposium annually during the spring semester.
Professor Cristina Rodriguez is the co-author (with Professor Adam B. Cox of NYU Law) of the widely acclaimed book The President & Immigration Law. Recently she worked on EOIR issues for the Biden-Harris Transition Team.
Shaw Drake is Staff Attorney & Policy Counsel, Border & Immigrants’ Rights, ACLU of Texas. He was one of my all-star Refugee Law & Policy students @ Georgetown Law and a Charter Member of the New Due Process Army (“NDPA”).
Last year, I was on this outstanding program. It was one of my last “in person” appearances before COVID restrictions set in.
Elizabeth Gibson Attorney, NY Legal Assistance Group Publisher of “The Gibson Report”
COVID-19 & Closures
Note: Policies are rapidly changing, so please verify information with the government and colleagues.
EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, February 19, 2021 (no change from last week at this time). NYC non-detained remains closed for hearings. You can also check this site for which courts are closed due to inclement weather.
NPR: Today’s action restores to prosecutors their traditional discretion to make charging decisions based on a careful review of the particular facts and circumstances of individual immigration cases.”
Reuters: President Joe Biden plans to sign a directive modernizing the U.S. immigration system on Tuesday, later than previously expected due to delays in confirming a new secretary for the Department of Homeland Security, the White House said on Friday.
CNN: A federal judge in Texas said Friday that he’ll likely extend his hold on the Biden administration’s deportation moratorium until February 23. Earlier this week, Judge Drew Tipton of the Southern District of Texas, a Trump appointee, blocked the administration’s 100-day pause on deportations, delivering a blow to one of President Joe Biden’s first immigration actions.
USA Today: While they are in the early stages of putting together their legislative strategy on the immigration plan, the seven congresswomen will likely become the face of the bill in the House, as they continue to work closely with the White House to pass the first comprehensive immigration reform legislation in more than 30 years.
OIG: We determined that CBP rapidly implemented the pilot programs and expanded them without a full evaluation of the pilots’ effectiveness. Additionally, we determined there are potential challenges with the PACR and HARP programs related to how aliens are held and provided access to counsel and representation, and how CBP and USCIS assign staff to program duties and track aliens in the various agency systems.
U.S. News: An executive order signed by President Joe Biden on Tuesday aiming to end the use of private prisons by the Justice Department does not apply to private facilities used by the Department of Homeland Security to detain immigrants.
HRW: The records reveal previously undisclosed details about how the Department of Homeland Security (DHS) and its component agencies, US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE), touted the ENV program as a way to expedite the repatriation of many Central Americans without obtaining travel documents from their home country, a process which traditionally involved contact with foreign consulates.
NYT: The complaint accuses Kenneth T. Cuccinelli II of “gross mismanagement, gross waste of government funds and abuse of authority” over the labor agreements he signed with the immigration agents’ union the day before President Biden’s inauguration.
Law360: The Biden administration asked the U.S. Supreme Court on Monday to cancel upcoming oral arguments in two cases challenging funding for the U.S.-Mexico border wall and the Migrant Protection Protocols.
A district court issued a Temporary Restraining Order (TRO) to enjoin the government from executing the 100-day pause on the removal of individuals already subject to a final Order of Removal, as outlined in the DHS memo on January 20, 2021. (State of Texas v. USA, et al., 1/26/21) AILA Doc. No. 21012634
ACLU: A federal appeals court in Washington, D.C., is allowing a Trump-era anti-immigration rule to temporarily go into effect as the case, P.J.E.S v. Pekoske, is litigated. The lawsuit involves a challenge to a Trump administration policy that authorizes the summary removal of unaccompanied children without any due process — even if the child is fleeing danger and seeking protection in the United States and shows no signs of having COVID-19.
Acting Attorney General Monty Wilkinson issued a memo rescinding the department’s 2018 policy directive on “Zero Tolerance for Offenses Under 8 U.S.C. § 1325(a).” Wilkinson called the policy “inconsistent with our principles.” AILA Doc. No. 21012730
USCIS notification of two preliminary injunctions issued in 2020 against the USCIS fee rule published at 85 FR 46788. The notification states that DHS is complying with the terms of these court orders and is not enforcing the regulatory changes set out in the final rule. (86 FR 7493, 1/29/21) AILA Doc. No. 21012832
Health and Human Services (HHS) notice providing the annual update of the HHS poverty guidelines to account for last calendar year’s increase in prices as measured by the Consumer Price Index, effective 1/13/21. (86 FR 7732, 2/1/21) AILA Doc. No. 21020131
BIA ruled that if an NTA fails to specify time/place of initial removal hearing, a subsequent NTA with the information perfects the deficient NTA and ends the accrual of physical presence for purposes of voluntary departure. Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021) AILA Doc. No. 21012636
BIA ruled that individuals who cooperate with law enforcement may constitute a particular social group if their cooperation is public and the evidence reflects that the society in question recognizes and provides protection for such cooperation. Matter of H-L-S-A, 28 I&N Dec. 228 (BIA 2021) AILA Doc. No. 21012833
ASISTA: The 1st Circuit found that the BIA had abused its discretion in failing to follow Matter of Sanchez-Sosa in adjudicating the U visa petitioner’s Motion to Reopen and ordered remand.
Vacating the BIA’s order denying the petitioner’s motion to reopen and remanding, the court held that the BIA erred in failing to consider the petitioner’s request for equitable tolling on the merits, because she had properly raised the issue before the BIA. (Nkomo v. Att’y Gen., 1/21/21) AILA Doc. No. 21012536
DHS Acting Secretary announced he has extended Syria’s TPS designation for 18 months. Current beneficiaries under Syria’s TPS designation are eligible to reregister for an extension of their status for 18 months. Syrians who entered the U.S. after 8/1/16 and otherwise eligible may also register. AILA Doc. No. 21012930
On 1/25/21, President Biden issued a proclamation suspending and limiting the entry, with exceptions, of noncitizens who in the previous 14 days were present in the Schengen Area, the U.K., Ireland, Brazil (all effective 1/26/21), and South Africa (effective 1/30/21). (86 FR 7467, 1/28/21) AILA Doc. No. 21012538
On January 28, 2021, USCIS extended the flexibilities it announced on March 30, 2020, for responding to certain agency requests. This flexibility applies if the issuance date listed on the request, notice, or decision is between March 1, 2020, and March 31, 2021, inclusive. AILA Doc. No. 20050133
DOS provided information on how individuals who were not required to submit a Form I-864W, Affidavit of Support, but who paid the affidavit of support fee on or after 2/24/20, can request a refund of that fee. Notice includes eligibility requirements and instructions for requesting a refund. AILA Doc. No. 21012735
USCIS announced that, in accordance with the settlement agreement in Mendez Rojas, it has updated the Form I-589 filing information and asylum information on its website. USCIS has implemented a Uniform Procedural Mechanism (UPM) for the filing and processing of the form. AILA Doc. No. 20082430
IAN: The settlement sets forth policies and procedures that DHS, ORR, and EOIR must provide to class members when it seeks to rearrest them based on gang allegations, and requires that the government provide such class members with hearings after their rearrest.
CUNY Immigration Seminar Series, Spring 2021: Feb 5: Holding Fast, Feb 19: Hyper Education, Mar 5: Citizenship Reimagined, Mar 12: The President and Immigration Law, Mar 26: The Browning of the New South, Apr 9: Reuniting Families, Apr 23: Represented But Unequal, Apr 30: Pursuing Citizenship in the Enforcement Era.
Subject: [immprof] Amicus Brief on Behalf of Immigration Law Scholars on “Monster” Asylum Rule
Dear Colleagues:
Happy New Year! I hope you are staying well. We are pleased to share an amicus brief filed in the Northern District of California last week challenging the “monster” asylum rule, published as a final rule in December 2020. We are grateful to the immigration law scholars who signed onto this brief. The brief is focused on three aspects of the rule: 1) expansion of discretionary bars in general; 2) discretionary bars on unlawful entry and use of fraudulent documents in particular; and 3) expansion of the firm resettlement bar. The brief argues that these bars conflict with the immigration statute and further that the Departments have failed to provide a reasonable explanation for departing from past statutory interpretation with regard to these bars.
Co-counsel included Loeb & Loeb, Peter Margulies, and myself. We are grateful to the Harvard Immigration and Refugee Clinical Program and other organizations who served as counsel to plaintiffs in this case.
Best wishes, Peter and Shoba
Shoba Sivaprasad Wadhia (she, her)
Associate Dean for Diversity, Equity and Inclusion
Samuel Weiss Faculty Scholar | Clinical Professor of Law
Many thanks to Peter, Shoba, Loeb & Loeb, and all the many great minds with courageous hearts ♥️ involved in this effort!
I’ve said it often: It’s time to cut through the BS and bureaucratic bungling that have plagued past Dem Administrations and put progressive practical scholars like Shoba, Peter, and their NDPA expert colleagues in charge of EOIR, the BIA, and the rest of the immigration bureaucracy. It’s also time to end “Amateur Night at the Bijou” 🎭🤹♀️and put “pros” like this in charge of developing and implementing Constitutionally compliant, legal, practical, humane immigration and human rights policies that achieve equal justice for all (one of the Biden-Harris Administration’s stated priorities), further the common interest, and finally rationalize and optimize (now “gonzo out of control”) immigration enforcement.
Elizabeth Gibson Attorney, NY Legal Assistance Group Publisher of “The Gibson Report”
COVID-19
Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues as best you can.
EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, January 22, 2021 (no change from last week posted at this time, possibly due to holidays). NYC non-detained remains closed for hearings.
CN: The Trump administration failed to satisfy the requirements of a landmark settlement when it sought to impose new rules governing the detention and release of immigrant children in federal custody and therefore cannot terminate the agreement, a Ninth Circuit panel ruled Tuesday.
CN: In a 2-1 decision penned by U.S. Circuit Judge Daniel Collins, a Trump appointee, the appellate court ruled that the proclamation was within the president’s authority and reversed a federal court decision to block implementation of the order.
CBS: Through a proclamation issued 20 days before Inauguration Day, Mr. Trump ordered a three-month extension of the visa restrictions, which were first enacted in April as a ban on some prospective immigrants and expanded in June to also halt several temporary work programs.
FPA: Subsumed within the $900 billion spending bill passed by Congress on Dec. 21, 2020, was a provision extending the Liberian Refugee Immigration Fairness program, or LRIF, for one more year
AZ Republic: Immigration lawyers are upset over a recent decision that forces a return to appear in-person for hearings at the Eloy Immigration Court amid a rising number of COVID-19 cases in Arizona. The development comes as nearly two dozen immigration courts across the country have had to close in recent weeks for cleaning after possible exposure to COVID-19.
Reuters: U.S. immigration arrests fell by 27% in 2020 as the coronavirus pandemic led to fewer border crossings and reduced operations, a falloff that pro-immigrant activists say should continue when President-elect Joe Biden takes office in January.
SCOTUSblog: Biden has pledged to end both construction of the wall and the “remain in Mexico” policy, although it is not clear when he will do so. Perhaps as a nod to the possibility that the oral arguments in both cases could be canceled, the two cases were both scheduled on the same day as another argument – the only two days of the argument session with two arguments.
The court held that substantial evidence supported the BIA’s denial of withholding of removal to petitioner where he had failed to establish a nexus between his treatment by the police and his membership in the particular social group of his immediate family. (Ruiz-Varela v. Barr, 12/23/20) AILA Doc. No. 20123106
Rejecting the petitioner’s argument that her asserted persecution was based on membership in a proposed social group consisting of “Guatemalan women,” the court found that the scope of the petitioner’s persecution did not extend beyond a personal vendetta. (Pojoy-De León v. Barr, 12/21/20) AILA Doc. No. 20123105
The court reversed an injunction of PP 9945, which requires IV applicants to demonstrate acquisition of health insurance or ability to pay for future healthcare costs. The court found the proclamation within the president’s executive authority. (Doe, et al., v. Trump, et al., 12/31/20) AILA Doc. No. 21010436
USCIS provided guidance for completing Form I-9 for employees with extended work authorization under DACA. Per USCIS, employees may present their unexpired EAD with category code C33 issued on or after 7/28/20, along with an I-797 Extension Notice showing a one-year extension under DACA. AILA Doc. No. 21010431
USCIS announced that the filing period for certain Liberian nationals and certain family members to apply for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) provision has been extended from one year to two years. USCIS must now receive applications by December 20, 2021. AILA Doc. No. 20123107
President Trump issued a proclamation continuing Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the United States in light of the COVID-19 pandemic. The proclamations have been continued until March 31, 2021. AILA Doc. No. 21010100
President Trump issued a memorandum extending his 4/10/20 memorandum imposing visa sanctions on any country that denies or delays the acceptance of its citizens after being asked to accept them during the COVID-19 pandemic. The memorandum will continue in force until terminated by the President. AILA Doc. No. 20123103
DOS provided an update on the extension of Presidential Proclamations 10014 and 10052. The proclamations have been extended until March 31, 2021. AILA Doc. No. 20042435
EOIR issued a memo (PM 21-12) rescinding and cancelling Operating Policies and Procedures Memoranda (OPPM) 90-09 and 91-1 concerning El Salvadoran and Guatemalan cases subject to temporary protected status and settlement in American Baptist Churches v. Thornburgh and ABC v. Thornburgh. AILA Doc. No. 21010430
On December 31, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts. AILA Doc. No. 21010435
USCIS notice withdrawing a previous notice published at 85 FR 72682 on 11/13/20, which requested comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. (85 FR 86946, 12/31/20) AILA Doc. No. 20123100
DOS updated its announcement and FAQs on the phased resumption of visa services, noting that resumption would occur on a post-by-post basis, but that there are no specific dates for each mission. DOS also announced that it has extended the validity of Machine Readable Visa (MRV) fees to 9/30/22. AILA Doc. No. 20071435
DOS announced that it has temporarily expanded consular officers’ ability to waive in-person interviews for individuals applying for a nonimmigrant visa in the same classification. Applicants whose nonimmigrant visas expire within 24 months are now eligible. The policy is effective until 3/31/21. AILA Doc. No. 20082503
Looking forward to your report for the week of January 25, 2021, Elizabeth!Thanks for all you and those around you have done to “keep the due process fires”⚖️🔥 burning during the darkness of the last four years of cruelty, human rights abuses, scofflaw officials, and unrestrained kakistocracy. I see some light at the end of the tunnel here, although there is still lots of work to be done!
President-elect Joe Biden, who pledged to serve all Americans, can respond boldly to address the needs of large swaths of rural America where people feel left behind. In the first 100 days of his administration, he can prove that he wants to see real change and will act to secure broader prosperity.
Drawing on more than 20 years of working in communities across four rural states, we see actionable, specific opportunities for Biden to make federal policy work for rural places. Here’s what we recommend:
• Engage in genuine conversations in rural places about the role of the federal government. The pandemic aside, fundamental economic changes, limited career pathways and crumbling (or non-existent) infrastructure plague many rural places. These challenges require public-private partnerships, directed by local needs and leadership. Many of the federal programs designed to address the underlying issues in rural places fail because they were designed for the rural reality of 1960, not of today. Let’s get current, understand why programs aren’t working and make them better.
• Elevate rural to the level it deserves in the president’s Cabinet. Rural places are currently served through a web of programs spread across numerous federal agencies. One might think this approach would help address policy deficiencies, but in fact, when everyone is in charge, no one is. The Biden administration can send a strong message that it means business by putting someone clearly in charge of its rural agenda and creating a new Department of Rural Development dedicated to improving, centralizing, and deploying the support and services necessary for rural people and places to thrive.
• Invest in doing economic development differently in rural places. Federal employees work diligently on their mission, providing grants and other services to constituents as directed by statute. And yet, the available tools for solving complicated, systemic and immediate issues are limited. To do economic development differently – and better – we need to eliminate programs that have limited utility, expand others that focus on building capacity in rural places, increase the flexible application of federal dollars and move the measurement of economic development outcomes beyond one-dimensional (and fleeting) metrics like job creation.
• Focus on and communicate about rural-urban connections rather than the divide. Rural places don’t benefit from being talked about as a monolith, a backwater or fly-over country. Rather, we as a nation need to raise up narratives and policies that recognize differences in rural places across the country, and that celebrate and support the natural, community, and economic assets that define those communities and their relationship to nearby urban areas. The stereotype of the American dream is changing. We now have a tapestry of rural, suburban and urban, and an opportunity to focus on collective prosperity rather than competition, exclusion and negative trade-offs.
The first hundred days will show how the Biden presidency will serve all Americans. Yes, there is a pandemic raging, but the widening gulf between rural and urban, rich and poor, red and blue requires a new tone, a new path and new solutions. Let’s get to it.
Rob Riley is president of the Northern Forest Center, a regional innovation and investment partner that creates rural vibrancy across Maine, New Hampshire, Vermont and New York. The center co-founded the national Rural Development Innovation Group with the Aspen Institute and the U.S. Endowment for Forestry & Communities.
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Read Rob’s full article at the link.
These are great, and timely ideas. They also present an outstanding opportunity to use the power of immigration to make our country a better place for everyone.
Immigrant entrepreneurs, small businesspeople, and investors can pool their ideas, skills, and resources with rural communities. Innovative rural Americans can help redesign and tailor methods that have worked in other countries for the American situation.
Immigrants with experience in agriculture and product marketing can help alleviate some of the labor shortages in rural areas.
Immigrants with tech skills can partner with rural Americans to help insure that, rather than sometimes being left behind, rural areas are on the cutting edge of accessible, high speed, state of the art technology that will integrate many educational and commercial activities with those now centered in “urban hubs.” (For example, why couldn’t a high tech area in rural America where land and housing are cheaper and a skilled (or highly motivated and trainable) workforce is eager for work be just as effective as Crystal City, VA as the next big tech hub?)
Immigrants with health service backgrounds can assist even more rural communities in insuring that first-class healthcare (and the jobs and economic opportunities it creates) is available everywhere in America.
My experience is that immigrants of all types, like rural Americans, highly value education, particularly for future generations. Innovative educational programs can be developed to meet the common needs of immigrant and rural communities.
There are just a few of the opportunities that come to mind. Obviously, I’m not a labor economist. But, I’m sure that if immigrant advocates concentrate on ways to actively engage and integrate immigrants into solving problems and improving the quality of life in rural and small-town America there are many other great opportunities for success out there just waiting to be tapped.
Immigrants have always been “part of the solution” rather than “part of the problem” in America. After four years of counterproductive unrestrained bigotry, false narratives, and hate-driven lies, its time for “truth, justice, and the American way” to come to the forefront again.
Knightess of the Round TableHon. Ilyce Shugall U.S. Immigraton Judge (Retired)Hon. Jeffrey S. Chase Jeffrey S. Chase Blog Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
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Thanks to our friends Steve Schulman 😇 and Michael Stortz 😇 at Akin Gump for their truly outstanding pro bono assistance on this brief.Couldn’t do it without you!😎
Such an honor to be “fighting the good fight” for due process and fundamental fairness with my colleagues on the Round Table🛡⚔️👩⚖️🧑🏽⚖️👨🏻⚖️. We have made a difference in the lives of some of the most vulnerable and deserving among us. 🗽We have also helped educate the Federal Courts and the public on the ugly realities of our failed, unjust, and totally dysfunctional Immigration “Courts” ☠️🤡🦹🏿♂️, modern day “Star Chambers” ☠️⚰️😪that have become weaponized appendages of “White Nationalist 🤮🏴☠️⚰️👎🏻 nation.”
“Eyore In Distress” Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”“Justice” Star Chamber StyleBIA Asylum Panel In Action Albrecht Dürer, Public domain, via Wikimedia Commons
⚖️🗽Due Process Forever!
Happy New Year! 🍾🥂🎉Looking forward to Jan. 20 and the end of the kakistocracy!👍🏼⚖️🗽😎🇺🇸
