THE GIBSON REPORT — 05-20-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project
TOP UPDATES
DOS Human Rights Reports Relocated
There are several dead links after a DOS website redesign. But the reports are still available. It’s also worth checking out the EOIR country conditions research index.
Trump Outlines ‘Merit-Based’ Immigration Plan, Still Far From Becoming Law
NPR: The plan would prioritize merit-based immigration, limiting the number of people who could get green cards by seeking asylum or based on family ties. But it would keep immigration levels static, neither increasing or decreasing the number of people allowed to legally enter the U.S. each year.
Trump’s Immigration Crackdown Has Blunted Police Efforts to Be Tough on Crime
NYT: Last year, fewer immigrants applied for [U] visas — the first annual decline since 2007 — in what law enforcement officials and lawyers called a sign that immigrants were growing wary of helping the police and prosecutors.
Acting secretary blocked Stephen Miller’s bid for another DHS shake-up
WaPo: An attempt by President Trump’s senior adviser Stephen Miller to engineer a new shake-up at the Department of Homeland Security was blocked this week by Kevin McAleenan, the department’s acting secretary, who said he might leave his post unless the situation improved and he was given more control over his agency, administration officials said. See also Before Trump’s purge at DHS, top officials challenged plan for mass family arrests.
Trump suddenly takes a softer line on verifying immigrant documentation status
WaPo: “E-Verify is going to be possibly a part of it,” Trump replied. “The one problem is E-Verify is so tough that in some cases, like farmers, they’re not — they’re not equipped for E-Verify. I mean, I’d say that’s against Republicans. A lot of the Republicans say you go through an E-Verify.”
On May 13, 2019, the National Association of Immigration Judges (NAIJ) responded to EOIR’s Myths vs. Fact memo issued on May 8, 2019. Their response outlines key assertions made in the EOIR memo that “mischaracterize or misrepresent the facts.” AILA Doc. No. 19051334
SSA Resumes Sending No-Match Letters in March 2019
In March of 2019, the Social Security Administration (SSA) began mailing notifications to employers identified as having at least one name and Social Security Number (SSN) combination submitted on wage and tax statement (Form W-2) that do not match its records. AILA Doc. No. 19051500
Border Patrol flies hundreds of migrants to California
Wash Times: The U.S. Border Patrol said Friday that it would fly hundreds of migrant families from south Texas to San Diego for processing and that it was considering flights to Detroit, Miami and Buffalo, New York. See also CBP Releases Statement on Transferring People in Border Patrol Custody to Southwest Border Locations and Florida Mayor Suggests Putting Immigrants Up At Trump Hotels.
NBC: A government review of how journalists, attorneys, immigration advocates, and activists were monitored and tracked by U.S. border agencies confirms the Mexican government had a major role in the controversial tracking program.
Administration considers next steps in DNA testing on the border
CNN: DHS ran the DNA pilot program to help identify and prosecute individuals posing as families in an effort to target human smuggling. The Rapid DNA testing, as it’s known, involves a cheek swab and can, on average, provide results in about 90 minutes.
Activists Press for More City Funding for Immigrants in 2020 Budget
Coixes of NYC: Only weeks before the city will announce how its $92 billion budget for fiscal year 2020 will be allocated, pro-immigrant groups are clamoring for more resources for vital programs that support vulnerable communities.
Bill would penalize employers who report workers’ immigration status
Newsday: A new bill that has picked up key support in the State Legislature would make it a misdemeanor for an employer to report the “suspected citizenship or immigration status” of an employee to federal authorities.
Nogales border agent calls migrants ‘subhuman,’ ‘savages’ in text messages
Tuscon: The statements were made in a text message sent by Agent Matthew Bowen, 39, who is accused of knocking down a Guatemalan man with his Border Patrol vehicle on Dec. 3, 2017, and then lying in a report about the incident, according to documents filed in U.S. District Court in Tucson.
He voted for Trump. Now he and his wife raise their son from opposite sides of the border
LA Times: He knew Trump planned to get tough on immigration — building a wall and deporting drug dealers, rapists and killers. He never imagined anyone would consider his sweet stay-at-home wife a “bad hombre.”
The little-noticed surge across the US-Mexico border: Americans heading south
Nola: Mexico’s statistics institute estimated this month that the U.S.-born population in this country has reached 799,000 – a roughly fourfold increase since 1990. And that is probably an undercount. The U.S. Embassy in Mexico City estimates the real number at 1.5 million or more.
More immigrants became US citizens last year even as immigration policies tightened
Quartz: More than 544,000 immigrants became US citizens in the first three quarters of fiscal year 2018, overall a 15% increase from the same period a year ago, according to the latest data from the US Department of Homeland Security. The largest year-to-year increase occurred in the first quarter of 2018, however there was a slight decrease in the third quarter. See also Immigrant soldiers now denied US citizenship at higher rate than civilians.
LITIGATION/CASELAW/RULES/MEMOS
Documents Related to Lawsuit Seeking to Make Unpublished BIA Decisions Publicly Available
The government filed a memo in support of its motion to dismiss, along with declarations from Cynthia Crosby, Deputy Chief Clerk for the BIA, and Joseph Schaaf, the Supervisory Attorney Advisor who manages EOIR’s FOIA Unit. (NYLAG v. BIA, 5/3/19) AILA Doc. No. 18102232
ACLU Uncovers Dangerous And Abusive Conditions At Border Patrol Detention Facility
ACLU: The American Civil Liberties Union of Texas and the ACLU Border Rights Center filed an administrative complaint concerning the mistreatment of migrants detained at Rio Grande Valley Border Patrol facilities.
CA2 Finds Conspiracy in the Second Degree in New York Is an Aggravated Felony
The court denied the petition for review, finding that the petitioner’s conviction for conspiracy in the second degree to commit a felony—namely, murder in the second degree—under New York law constitutes an aggravated felony. (Santana-Felix v. Barr, 5/9/19) AILA Doc. No. 19051638
CA5 Finds BIA Did Not Err in Declining to Evaluate Reformulated PSG
The court affirmed the BIA’s order denying the petitioners’ applications for asylum and withholding of removal, finding that the BIA did not err by refusing to consider the petitioners’ reformulated particular social group (PSG) on appeal. (Cantarero-Lagos, et al., v. Barr, 5/6/19) AILA Doc. No. 19051637
CA7 Says It Lacks Jurisdiction to Review Prior Removal Order in Reinstatement Proceedings
The court dismissed the petition for review, holding that, under the plain language of 8 USC §1231(a)(5), it lacked jurisdiction to review the petitioner’s underlying 2005 removal order in the context of his reinstatement proceedings. (Villa v. Barr, 5/9/19) AILA Doc. No. 19051642
ICE Announces 206-Count Indictment Criminally Charging 96 People in Marriage Fraud Case
ICE announced that 50 people are in law enforcement custody after a federal grand jury returned a 206-count indictment criminally charging 96 people for their alleged roles in a large-scale marriage fraud scheme. AILA Doc. No. 19051432
DHS OIG Finds Data Quality Improvements Needed to Track Adjudicative Decisions
DHS OIG issued a report on CLAIMS3, its electronic system of record, and found that USCIS has not implemented an effective process to track adjudicative decisions and ensure data integrity, noting that USCIS cannot reliably track decisions back to the officer responsible for those decisions. AILA Doc. No. 15051671
Practice Alert: Non-Receipt of USCIS I-797 Approval Notices from the NBC
AILA updated its practice alert with a summary of engagement with the NBC on this issue. In early May 2019, the NBC confirmed that their Interim Case Management System (ICMS) Team will review the issue and take action to address it if necessary. AILA Doc. No. 18102905
DHS Notice of Re-Establishment of Matching Program with New York Department of Labor
DHS notice of the re-establishment of a matching program between USCIS and the New York Department of Labor to verify the immigration status of non-U.S. citizens who apply for federal unemployment benefits. Comments are due 6/17/19. (84 FR 22510, 5/17/19) AILA Doc. No. 19051771
Albany, NY Jurisdiction Change Details
USCIS: Applicant cases from the zip codes in the following counties will be permanently realigned from the New York City, NY Field Office to the Albany, NY Field Office: Ulster, Dutchess, Sullivan, Orange, and Putnam. This permanent change will go into effect on Monday, May 27, 2019 and will apply to all immigration benefit types adjudicated in the field office, including naturalization applications and adjustment of status (green card) applications and petitions. The Albany, NY Field Office is located at 1086 Troy-Schenectady Road in Latham, N.Y.
Newark, NJ Temporary Caseload Shift
USCIS: A portion of application cases filed by applicants from Kings and Richmond counties, which are usually adjudicated at the Brooklyn, NY Field Office, will be temporarily realigned to the Newark, NJ Field Office. This temporary change will occur in June 2019. The caseload shift to Newark, NJ applies ONLY to naturalization applications (Form N-400 – Application for Naturalization). Applicants will complete their naturalization interview and civics test at the Newark, NJ Field Office on 970 Broad Street in Newark.
Immigration Court Closures
EOIR: The immigration judge conference will be taking place on June 19th and 20th this year. Hearings on those dates will be rescheduled.
RESOURCES
· AILA Submits Amicus Brief Arguing Term “CIMT” Is Impermissibly Vague
· Avoiding Disciplinary Action for Requesting Multiple Continuances in Immigration Court
· CBP Releases Officer’s Reference Tool Documents
· AILA and Partners Submit Amicus Brief on Destruction of Records and Legislative Decriminalization
· Public Charge Changes at USCIS, DOJ, and DOS
· Bite-Sized Ethics: Final Orders, Enforcement Priorities, and Moving to Evade Arrest
· Practice Alert: Erroneous Rejections of Form I-765 for Liberians with DED
EVENTS
- 5/21/19 Admissibility, Revocation, and Public Health: “Risky” Business
- 5/21/19 The Pseudoscience of Xenophobia: Eugenics and Immigration in America
- 5/21/19 Border Observatory Webinar: 7 Weeks of Remain in Mexico: A Real Time Update form El Paso
- 5/30/19 Dealing with Suspected Marriage Fraud and Preparing Your Clients
- 5/30/19 Understanding Denaturalization and its Impact on Your Clients
- 5/31/19 Trainings: BIA Appeals
- 6/2/19 Introduction to Immigration Law Practice: A Course for New Practitioners
- 6/4/19 Maintaining Permanent Residence While Abroad: Keep Your Options Open
- 6/17/19 2019 AILA/GMS Annual Global Immigration Forum
- 6/19/19 teach-in on the idea of universal representation in immigration proceedings
- 7/2/19 Introduction to Immigration Law Practice: A Course for New Practitioners
- 7/9/19 Foreign Students Not Picked in the H-1B Lottery: Options and Strategies
- 8/4/19 Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issue Dominating Our National Dialogue
ImmProf
Monday, May 20, 2019
· State of Play in Immigration Policy
Saturday, May 18, 2019
· Fourth Circuit rules DACA rescission unlawful
· Acting secretary blocked Stephen Miller’s bid for another DHS shakeup
Friday, May 17, 2019
· Joining Ninth, Fourth Circuit Finds Trump Administration’s Rescission of DACA Unlawful
Thursday, May 16, 2019
· More military rejected for US citizenship than civilians
· White House to unveil proposal to overhaul immigration system
Wednesday, May 15, 2019
· Indonesia: Where Moms Go Abroad To Work, Leaving Kids Behind
· Colorado now offering state financial aid to undocumented studentsNew America: Understanding the Catalysts for Citizenship Application
Tuesday, May 14, 2019
· Former Immigration Judges Tear Into ‘Shocking’ EOIR Paper
· Before Trump’s purge at DHS, top officials challenged plan for mass family arrests
Monday, May 13, 2019
· Mandatory E-Verify to be Proposed by Trump Administration?
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Thanks, Elizabeth.
PWS
05-22-19