Reminder: Fee changes go into effect on October 2, 2020.
All applications with old fees/fee waivers must be POSTMARKED on or before October 1.
CLINIC Fee/Waiver Chart: Selected USCIS Form Fees Beginning Oct. 2, 2020
COVID-19
Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues on listservs as best you can.
New
- Opening dates for non-detained courts: Hearings in non-detained cases at courts without an announced date are postponed through, and including, October 16, 2020. [Note: Despite the standing order about practices upon reopening, an opening date has not been announced for NYC non-detained at this time.]
- EOIR Status Overview & EOIR Court Status Map/List: EOIR has reorganized its operational status website. The list of individual court statuses and standing orders can now be accessed by scrolling down on the new map page:https://www.justice.gov/eoir-operational-status/operational-status-map. This is especially important for NYC given that the 26 Fed Court website still has an incorrect link for one of three standing orders, but the links are correct on the map page.
Closures
Guidance:
TOP NEWS
Amy Coney Barrett has a years-long record of ruling against immigrants
Vox: As an appellate court judge, Barrett helped to advance one of Trump’s key immigration policies. She sided with his administration in a case over Trump’s policy imposing a wealth test on the millions of immigrants who seek to come to the US annually. In her whopping 40-page dissent in that case, she laid out why the US has the right to block people who it deems likely to become dependent on public assistance in the future — even if they have never used public assistance in the past.
Advocate Groups Challenge Legitimacy of Immigration Fee Hikes
Courthouse News: Immigration advocacy groups have challenged the rule in California, Massachusetts, and in the District of Columbia, where they asked a federal judge for an injunction in a hearing Thursday. On Friday, it was U.S. District Judge Jeffrey White’s turn to hear arguments on whether the rule should be invalidated. In addition to weighing the competing financial interests at stake, White said the fee hike “raises series issues on constitutional checks and balances and the limit to executive power.”
Trump administration reimposes “public charge” immigration wealth test following court orders
CBS: In updated guidance on its website on Tuesday, U.S. Citizenship and Immigration Services (USCIS) said it would apply the 2019 public charge test to all future and pending green card applications filed after February 24, 2020, when the agency implemented the rule following the Supreme Court’s green light. Applications filed after Daniels’ injunction in July that have been approved will not be re-adjudicated, USCIS said.
Major Changes to Student Visa Rules Proposed
Inside Higher Ed: Trump administration proposes revamping visas so students would have to apply for an extension after fixed terms of no more than four years. Some students would have to reapply after two years, depending on their country of origin.
ICE whistleblower: Mexico investigating US immigrant ‘sterilisations’
BBC: On Monday Mexico’s President Andrés Manuel López Obrador said his government could take legal action against the US if the allegations were confirmed, Mexican newspaper El Universal reports.
Immigrants in US custody died after ‘inadequate’ medical care, congressional investigation finds
CNN: Immigrants in US custody faced widespread failures in medical care, including some issues that resulted in death, according to a new congressional investigation released Thursday.
Even When They Lost Their Jobs, Immigrants Sent Money Home
NYT: Predictions were that immigrants would stop sending money home when the coronavirus took their jobs. But that did not take into account how determined foreign workers were to help their families.
ICE Deports 54 Immigrants From New Jersey
WNYC: Immigration and Customs Enforcement removed 54 immigrants — an extraordinarily high number — from the Essex County Correctional Facility Tuesday for deportation. The jail is the largest facility in the region that contracts with ICE to hold immigrants awaiting hearings or deportations. The population fluctuates from day to day, but it’s unusual to see 54 immigrants removed at once.
LITIGATION/CASELAW/RULES/MEMOS
Attorney General Rules That the BIA Must Examine Asylum Claims De Novo
The AG ruled that, in reviewing asylum claims, the BIA must examine de novo whether facts found by the IJ meet all statutory requirements, and should review each element of the claim before affirming or independently ordering a grant of asylum. Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) AILA Doc. No. 20092530
BIA Rules on Expert Witness Testimony
The BIA ruled that in assessing whether to admit expert witness testimony, an IJ should consider whether it is sufficiently relevant and reliable, and if it is admitted, how much weight it should receive, and how probative and persuasive it is. Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020) AILA Doc. No. 20092532
USCIS Temporary Final Rule on Interpreters at Asylum Interviews
USCIS temporary final rule providing that, from 9/23/20 through 3/22/21, asylum applicants who cannot proceed with the interview in English must ordinarily use DHS-provided telephonic interpreters, due to COVID-19. (85 FR 59655, 9/23/20) AILA Doc. No. 20092202
USCIS Provides Update on Public Charge Rule Following Second Circuit Decision
USCIS announced that following the Second Circuit decision, it will apply the public charge rule and related guidance to all petitions submitted on or after 2/24/20. USCIS will not readjudicate any petitions that were approved following issuance of the 7/29/20 injunction continuing until 9/22/20. AILA Doc. No. 20092204
ICE Proposed Rule Establishing a Fixed Time Period of Admission for F, J, and I Nonimmigrants
ICE proposed rule to change the admission period of F, J, and I nonimmigrants from “duration of status” to an admission for a fixed time period. Comments are due 10/26/20. (85 FR 60526, 9/25/20) AILA Doc. No. 20092401
Visa Bulletin for October 2020
DOS posted the October 2020 visa bulletin. In addition to final action dates and dates for filing for family and employment-based petitions, it contains notes on the DV category, movement of the October final action and application filing dates, visa availability in the coming months, and more. AILA Doc. No. 20092400
CBP Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico
CBP issued a notification of the continuation of temporary travel restrictions limiting travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border through 10/21/20 due to COVID-19. (85 FR 59669, 9/23/20) AILA Doc. No. 20092331
CBP Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada
CBP issued a notification of the continuation of temporary travel restrictions limiting travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border through 10/21/20 due to COVID-19. (85 FR 59670, 9/23/20) AILA Doc. No. 20092330
Resources for National Interest Exceptions Under Presidential Proclamations Suspending Entry of Certain Immigrants and Nonimmigrants, as Well as Individuals from Certain Countries
This page contains resources for members concerning national interest exceptions under President Trump’s June 22, 2020, proclamation (10052) and April 22, 2020, proclamation (10014), and the country-specific COVID-19 travel bans. AILA Doc. No. 20092205
DHS OIG Releases Report on Cybersecurity Incident at CBP Involving Traveler Images
DHS OIG released a report on a 2019 incident that compromised about 184,000 traveler images from CBP’s facial recognition pilot, known as the Vehicle Face System, at ports of entry. Per OIG, CBP “did not adequately safeguard sensitive data on an unencrypted device” using during the pilot program. AILA Doc. No. 20092333
DHS Ratification of Actions by Acting Secretary Chad Wolf
DHS ratification of actions taken by Acting Secretary Chad Wolf between 11/13/19 and 9/10/20, to “resolv[e] any potential defect in the validity of those actions” due to challenges to the legality of his service. (85 FR 59651, 9/23/20) AILA Doc. No. 20092137
DOJ OIG Releases Report on EOIR’s Recognition and Accreditation Program
DOJ OIG released a report on EOIR’s Recognition and Accreditation Program, finding that OLAP should improve program oversight and administration due to weakness in its controls for approving or rejecting applications, monitoring activities of accredited representatives, and investigating misconduct. AILA Doc. No. 20092233
House Committee on Homeland Security Releases Report Saying ICE Detention Facilities Fail to Meet Basic Standards of Care
The House Committee on Homeland Security released a report finding that DHS fails to effectively identify and correct deficient conditions at ICE detention facilities, and that facilities frequently fail to meet basic standards of care, including mental and physical care of the migrants in custody. AILA Doc. No. 20092201
ACTIONS
RESOURCES
EVENTS
- 9/29/20 Beginner U Visa Hot Topics
- 9/30/20-10/14/20 3-Part Webinar Series: Integrating Technology to Improve Your Immigration Legal Services
- 9/30/20 2020 AILA Virtual Asylum Conference
- 9/30/20 Hot Topics: Changes and Updates in Practice and Policy
- 09/30/20 Farmworkers, vulnerability and moral economies of care/work
- 10/1/20 Representing Children in Immigration Matters 2020: Effective Advocacy and Best Practices
- 10/1/20 Webinar on FTCA Litigation for Separated Families
- 10/5/20 Green Light Law Training
- 10/07/20 Conceptualizing Migrant Farmworker Rights in Asia
- 10/6/20 Public Charge Updates
- 10/6/20-10/27/20 Webinar Series: Understanding and Preparing Waivers
- 10/9/20 IACHR hearing to discuss the human rights situation of migrants, refugees, and unaccompanied children
- 10/9/2020 Conozca Sus Derechos: Como interactuar con la migra en su casa, en las calles, en sus automóviles, y más!
- 10/14/20 Immigration, Healthcare, and the Coronavirus Crisis
- 10/14/20 Understanding Retroactivity in Immigration Matters
- 10/20/20 Fee Rule Implementation: Effects on Survivor Relief
- 10/21/20 Rule of Law Forum – Preserving the Rule of Law in an Age of Disruption
- 10/21/20-10/23/20 Case Management Skills & Database Functions
- 10/21/20 Migrations and One Health: Human, Animal, and Environmental Interactions and Emerging Diseases
- 10/22/20 Non-LPR Cancellation: Overview of Eligibility & Proving Continuous Presence
- 10/23/20 Migration as Resistance: The Underground Railroad
- 10/27/20 Seeking Special Immigrant Juvenile Status in Removal Proceedings
- 10/28/20 Advanced U Visa Hot Topics
- 10/28/20 The Ecology of State-Building: Moving Capitals in Indonesia
- 10/29/20-10/30/20 2020 Crimes & Immigration Seminar
- 10/29/20 Presenting the Case
- 10/29/20 Marijuana: Bridging the Divide Between State and Federal Law
- 11/4/20 Program Strategies for Removal Defense Practice
- 11/11/20 Climate Change and Oceanic Migrations
- 11/12/20 Defying Non-Reviewability: How to Proceed After a Consular Denial
- 11/17/20 Make the Government Pay! Attorney fees in Immigration
- 11/17/20 Employment-Based Immigration Opportunities for Immigrant Youth
- 11/18/20 Applying for Asylum and Related Relief for Clients with Convictions
- 11/24/20 VAWA Self-Petitioning Fundamentals
- 12/2/20 Migration, Climate Change, and Human Adaptation
- 12/2/20 An Overview of Naturalization
- 12/3/20 Representing Permanent Residents in LPR Cancellation Cases
- 12/3/20-12/4/20 53rd Annual Immigration and Naturalization Institute
- 12/8/20 Litigating Your Way Out of Delay
- 12/9/20 Public Charge in Consular Processing
- 12/15/20 Crimes Involving Moral Turpitude
- 12/16/20 LPRs and Public Charge
- 12/16/20 Program Strategies for Removal Defense Practice
- 2/4/21 Basic Immigration Law 2021: Business, Family, Naturalization and Related Areas
- 2/5/21 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Immigration Relief 2021
ImmProf
Monday, September 28, 2020
Sunday, September 27, 2020
Saturday, September 26, 2020
Friday, September 25, 2020
Thursday, September 24, 2020
Wednesday, September 23, 2020
Tuesday, September 22, 2020
Monday, September 21, 2020