Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”
Weekly Briefing
This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The 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
Some immigrants can be detained at least six months without bond hearing, Supreme Court rules
CNN: The Supreme Court on Monday ruled that the federal government can continue to detain certain immigrants in removal proceedings without giving them a bond hearing after six months, in case where the Biden administration has prevailed over the immigration activists who opposed the government in the case.
Federal judge in Texas throws out Biden administration immigration enforcement guidelines
CNN: A federal judge in Texas vacated guidelines set by the Biden administration over who is to be prioritized for immigration enforcement, according to a Friday ruling.
The Supreme Court gives lawsuit immunity to Border Patrol agents who violate the Constitution
Vox: Justice Clarence Thomas’s majority opinion in Egbert v. Boule, moreover, has implications that stretch far beyond the border. Egbert guts a seminal Supreme Court precedent, Bivens v. Six Unknown Named Agents (1971), which established that federal law enforcement officers who violate the Constitution may be individually sued — and potentially be required to compensate their victims for their illegal actions.
Biden and Latin American Leaders Announce Migration Deal
NYT: The agreement, called the Los Angeles Declaration on Migration and Protection, commits the United States to taking 20,000 refugees from Latin America during the next two years, a threefold increase, according to White House officials. Mr. Biden also pledged to increase the number of seasonal worker visas from Central America and Haiti by 11,500.
U.S. Accelerated Expulsions of Haitian Migrants in May
NYT: The Biden administration expelled nearly 4,000 Haitians on 36 deportation flights in May — a significant increase over the previous three months — after renegotiating agreements with the island nation, which has been crippled by gang violence and an expanding humanitarian crisis.
ICE searched LexisNexis Database over 1 million times in just seven months
Intercept_: Immigration and Customs Enforcement searched a massive database of personal information provided by LexisNexis over 1.2 million times in just a seven-month period in 2021, according to documents reviewed by The Intercept. Critics say the staggering search volume confirms fears that the data broker is enabling the mass surveillance and deportation of immigrants.
Lawyers for migrants say U.S. officials slowed family reunifications
WaPo: Weeks into the Trump administration’s family-separation policy, immigration officials fired off emails saying something was awry. The children were being reunited too quickly with their parents, an official wrote on a Friday night in late May 2018.
ICE limits migrants’ legal rights, raising deportation risk, ACLU report says
USA Today: Immigrants detained in civil cases face “monumental barriers in finding and communicating with attorneys,” which renders their right to legal representation “essentially meaningless,” according to the report released Thursday.
ICE To Consider Military Service In Deportation Decisions
Law360: U.S. Immigration and Customs Enforcement will take into account whether noncitizens have served in the U.S. military when making decisions about whether to try to deport them, the agency announced Tuesday.
Big Tech calls for Biden administration to let foreign workers’ adult kids stay in the US
CNN: Without intervention, as many as 200,000 children in the United States risk “aging out” of their parents’ immigration status and face having to enter the immigration system as adults themselves, the companies wrote to Homeland Security Secretary Alejandro Mayorkas.
Mexico issues nearly 7,000 temporary documents and transit visas to migrants
NPR: In its statement, the Mexican migration agency did not specify what kind of documents were issued but most of the migrants showed papers that gave them a period of one month or more to leave the country or begin regularization procedures in Mexico. Most want to use the documents to reach the U.S. border.
Venezuelans big presence in caravan after visa requirement
AP: Before that change, Venezuelans had flown to Mexico City or Cancun as tourists and then made their way comfortably to the border. Many made it from home to the U.S. border in as little as four days.
U.S. loosens restrictions on Cuba travel, remittances amid summit blowback
Reuters: The United States on Wednesday moved to lift some Trump-era restrictions on remittances and travel to Cuba even as it fended off criticism for blocking the Communist-run island and long-time foe from attending a regional summit this week.
LITIGATION & AGENCY UPDATES
Justices Deny Right To Bond Hearing For Migrants
Law360: The U.S. Supreme Court on Monday ruled that immigrants do not have a right to bond hearings when the government can show they are a flight risk, and that district courts lack the authority to order the government to provide such hearings on a class-wide basis.
Justices Refuse To Broaden Border Agents’ Personal Liability
Law360: Border agents can’t be sued in federal court for damages over alleged constitutional violations, the U.S. Supreme Court ruled Wednesday, citing concerns that broadening the legal liability of agents could negatively impact national security.
Fake SSN Card Is Grounds For Deportation, 9th Circ. Says
Law360: The Ninth Circuit denied a Honduran man’s bid to stay in the U.S., finding that his conviction in California for possessing a forged social security card with a counterfeit government seal is grounds for deportation as a crime involving moral turpitude.
CA9 On Particularly Serious Crime: Mendoza-Garcia V. Garland
LexisNexis[The BIA] applied a “presumption” that Petitioner’s conviction was a particularly serious crime and required him to “rebut” this presumption…The BIA committed an error of law, and abused its discretion, in failing to apply the correct legal standards in assessing whether Petitioner’s offense was a “particularly serious crime.”
IJ Distinguishes Jaco, Grants Asylum (PSG = Honduran Women)
LexisNexis: The particular social group of “Honduran women” was not at issue in Jaco, however, and the Fifth Circuit’s comment related to this group was incidental to the disposition of the case. Therefore, the Fifth Circuit’s comment regarding “Honduran women” as a particular social group is dicta and is not binding on this Court’s decision.
Texas Judge Axes Biden’s ICE Enforcement Policy Nationwide
Law360: A Texas federal judge on Friday threw out the Biden administration’s policy for prioritizing immigration enforcement, saying the guidance ran counter to a legal requirement to detain certain categories of immigrants.
Biden’s ICE Curbs Can’t Moot Immigrant Activists’ Speech Suit
Law360: U.S. Immigration and Customs Enforcement couldn’t shake off claims that it targeted its critics for removal, as a Washington federal judge ruled on Thursday that the Biden administration’s curbs on immigration enforcement operations didn’t moot the retaliation suit.
Immigrants’ Negligence Claim Axed In $6M Suit Against Gov’t
Law360: A Washington federal judge tossed a negligence claim against the federal government from a father and son seeking $6 million after being forcibly separated at the southern border, saying the pair did not allege the government owed a duty of care.
Indiana Challenges Biden’s Immigrant Parole-Granting Policy
Law360: The Biden administration is facing yet another lawsuit over its immigration policies at the Southern border, this time from the state of Indiana, alleging that the administration is unlawfully granting parole to migrants and burdening state taxpayers as a result.
Asylum-Seekers Accuse USCIS Of Preventing Work Eligibility
Law360: A group of asylum-seekers have hit U.S. Citizenship and Immigration Services with a proposed class action, saying its policies and practices unlawfully prevent them and other asylum applicants from obtaining work authorization pending decisions on their asylum claims.
4th Circ. Revives Immigration Judges’ Free Speech Suit
Law360: The Fourth Circuit has revived a challenge by federal immigration judges to a Trump-era policy barring them from speaking up about the immigration courts, after a labor official formally dissolved their union.
DC Circ. Urged To Nix Order Busting Immigration Judge Union
Law360: The National Association of Immigration Judges asked the D.C. Circuit in a petition late Wednesday to overturn the Federal Labor Relations Authority’s 2020 decision that immigration judges cannot unionize, arguing that the FLRA’s order violated its members’ due process rights and protected liberty interest in joining a labor union.
DHS Notice of Designation of Cameroon for TPS
AILA: DHS notice of the designation of Cameroon for TPS for 18 months, effective 6/7/22 through 12/7/23. (87 FR 34706, 6/7/22)
USCIS Issues Policy Alert on SIJ Classification and Adjustment of Status
AILA: USCIS updated policy guidance to incorporate changes from the Special Immigrant Juvenile (SIJ) Final Rule, including updated citations, new definitions, and clarifications. The updates apply to SIJ petitions and AOS applications filed or pending on or after 4/7/22.
CBP Announces Spanish Option for I-94 Features in the CBP One Mobile App
AILA: CBP announced that users of the CPB One mobile application will be able to select a Spanish-language version of the features that allow them to file applications for or receive electronic versions of I-94s. More information about Form I-94 is available.
CDC Lifts Requirement that International Air Travelers Have Negative COVID Test
AILA: The CDC issued an order rescinding a 17-month-old requirement that people arriving in the country by air test negative for COVID-19, effective at 12:01 am (ET) on Sunday, June 11, 2022, saying it is “not currently necessary.”
USCIS to Issue Corrected Form I-765 Receipt Notices
AILA: From May 4, 2022, to June 2, 2022, USCIS issued certain I-765 receipt notices with incorrect information. Corrected notices with language confirming the 540-day automatic extension should reach affected applicants by the third week of June.
AILA: DOS announced that the U.S. Embassy Havana will schedule all immediate relative immigrant visa appointments to include spouses and children under 21 of U.S. citizens (IR/CR-1 and IR/CR-2), with interviews beginning in July 2022. More information in notice.
ICE to Consider Military Service When Determining Civil Immigration Enforcement
AILA: ICE announced a policy directive to consider U.S. military service when making discretionary determinations with regard to civil immigration enforcement actions against noncitizens.
State Dept. Looks For Refugee Resettlement Project Ideas
Law360: The U.S. State Department said it is seeking project ideas from nonprofits and other institutions on how to strengthen its refugee resettlement program in areas such as housing, community engagement and program participation.
RESOURCES
GENERAL RESOURCES
- AILA Launches FOIA Toolbox: A Practical Guide to Obtaining Records for Immigration Cases
- ASISTA: VAWA Self-Petition Policy Updates (June 2022)
- CLINIC: Advising Clients in Light of EAD Processing Delays
- CLINIC: New 18-Month TPS Designation for Cameroon
- CRS: The Biden Administration’s Immigration Enforcement Priorities: Background and Legal Considerations
- CRS: Mexico: Organized Crime and Drug Trafficking Organizations
- DHS: Fact Sheet: DHS Resumes Cuban Family Reunification Parole (CFRP) Program and Haitian Family Reunification Parole (HFRP) Program Operations
- ILRC: Pros and Cons of Applying for a U Visa
EVENTS
NIJC EVENTS
GENERAL EVENTS
Note: CLINIC has cancelled and will be rescheduling two previously listed COIL courses.
- 6/14/22-6/15/22 NIPNLG 2022 Annual Pre-AILA Crimes & Immigration Seminar
- 6/15/22 Preparing Your Client to Testify & for their USCIS Interview
- 6/15-6/18 AILA Conference
- 6/16/22 USCIS: TPS for Afghanistan
- 6/20/22 NIPNLG’s Removal Defense Course
- 6/20/22-7/29/22 NIPNLG’s Removal Defense Course
- 6/22/22 Introduction to Immigrant Visa Consular Processing
- 6/24/22 Problematic Trends at Local Asylum Offices
- 6/28/22 Hot Topics and Updates from the Annual Conference Open Forums
- 6/29/22 USCIS Asylum Program Quarterly Stakeholder Engagement
- 6/29/22 Videoconferencing Tips
- 6/29/22 Litigating Survivor-based Fee Waiver Denials
- 7/6/22-7/27/22 Webinar Series: Overview of Removal Proceedings and Orders of Removal
- 7/12/22 Making a Good Impression on the Reviewing Officers: Practical Tips from Former USCIS and DOS Officials
- 7/13/22 CGRS Using Universal Expert Declaration in Immigration Court
- 7/14/22 Death of a Petitioner or Beneficiary: Options for Surviving Relatives
- 7/28/22 VAWA in 2022: Breaking Barriers and Finding Solutions for Relief
- 8/5/22-8/12/22 NITA-NIPNLG “Advocacy in Immigration Matters” Training
- 8/10/22-8/11/22 2022 AILA Paralegals Virtual Conference
- 8/16/22 The Child Status Protection Act: Strategies for Keeping the Family Intact
- 8/23/22 Preparing Solid Affidavits of Support: “Show Me the Money!”
- 8/30/22 Naturalization During the Pandemic: “It Was the Best of Times, It Was the Worst of Times”
- 8/31/22 What to Do When You Get a Decision from the Ninth Circuit
- 9/8/22 Post-Conviction Relief: “If I Could Turn Back Time!”
- 9/15/22 Advanced Mandamus Trends
- 9/21/22 Breaking Down the Record in a Ninth Circuit Petition for Review
- 9/22/22 Maximizing Second Chances: Filing Appeals, Motions, and Practicing before the BIA
- 9/29/22 Consular Processing Roundup for Families and Survivors
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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.org
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As I said, there are good reasons to be skeptical that the “Los Angeles Declaration” is anything other than meaningless rhetoric meant to deflect attention from the Biden Administration’s actual dismal performance on human rights, racial justice, and immigration. https://immigrationcourtside.com/2022/06/12/%f0%9f%8c%8ethe-americas-the-l-a-declaration-on-migration-protection-blueprint-for-action-or-more-empty-rhetoric/
It would be hard to imagine an action more out of line with the “LAD” than ramping up deportations of Black migrants to the dangerous, chaotic, failed state of Haiti. As the article from the NYT highlighted by Elizabeth above says:
The situation in Haiti has worsened over the past year. The International Organization for Migration, the largest nongovernmental aid group there, said that there were more than 200 kidnappings in May. Poverty is everywhere, and nearly half the country does not have adequate access to affordable and healthy food, according to the United Nations.
. . . .
In September, the Biden administration gave the organization $13.1 million intended to help Haitians getting off expulsion flights, providing cash and other assistance to help them to reintegrate. Many had been living in other countries in South America for years before making the journey to the United States.
The situation in Haiti has worsened over the past year. The International Organization for Migration, the largest nongovernmental aid group there, said that there were more than 200 kidnappings in May. Poverty is everywhere, and nearly half the country does not have adequate access to affordable and healthy food, according to the United Nations.
. . . .
The systemic issues that drive migration out of Haiti are expected to come up during the Summit of the Americas in Los Angeles this week. Haiti’s interim prime minister, Ariel Henry, is in attendance.
President Biden ran for office promising to bring compassion to U.S. immigration policies, particularly those involving asylum. But rolling out new policies amid a sharp increase in migration and during a pandemic has proved difficult. Some Trump-era policies remain in place.
So, why is the Administration squandering money, resources, and, incredibly, the goodwill of folks who actually voted for Biden/Harris to “ramp up” deportations and exclusions of migrants of color, many of them asylum applicants subject to a biased and unfair system, when we could actually use their skills in our economy, as this quote from an article by Dany Bahar at Brookings points out:
At the same time, 2021 resulted in the highest number of migrants entering or attempting to enter through the southern border to the United States. There is no reason to think this won’t continue in 2022. These migrants, mostly from the Northern Triangle countries (Guatemala, Honduras, and El Salvador), are desperate to join the U.S. labor force, as they flee poor economic conditions—particularly after the economic slowdown caused by the global COVID-19 pandemic—as well as violence and instability in general. In response to this flow, the Biden-Harris administration has focused on significantly
increasing investment toward Central America, including Mexico, while at the same time telling immigrants in Guatemala “
Dany Bahar
Nonresident Senior Fellow – Global Economy and Development
The irony is clear; if there was any time in the modern history of the United States to promote a flexibilization of its migration policies, it is now. It is the most efficient and easiest way to offer a smart solution to the unprecedented tightness in U.S. labor markets. It is a no-brainer for several reasons.
It might be a “no brainer,” as Dany says, but it appears to be “above the pay grade” of Biden’s inept immigration policy team. They seem to be mostly “Stephen Miller fellow travelers.” Why?
I suppose the only “silver lining” is that I can always count on inept policy officials in the Biden Administration to prove my points about what a horrible job they are doing for immigrants, for racial justice, for Due Process of law, for America, and for humanity!
🇺🇸 Due Process Forever!
PWS
06-14-22