Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”
TOP NEWS
The Justice Department Overturns Policy That Limited Asylum For Survivors Of Violence
NPR: In a pair of decisions announced Wednesday, Attorney General Merrick Garland is vacating several controversial legal rulings issued by his predecessors — in effect, restoring the possibility of asylum protections for women fleeing from domestic violence in other countries, and families targeted by violent gangs.
Advocates mark DACA’s 9th anniversary, urge Congress to act
AP: A pending federal court case in Texas is challenging whether the program’s creation was legal. If the challenge is successful, it could end protections, adding urgency to those pressing Congress for a more lasting solution.
White House eyes ending migrant family expulsion by July 31
Axios: The policy known as Title 42 has resulted in tens of thousands of migrant family members, including asylum seekers, being sent away — as well as thousands of kids then separating from their families to cross into the United States alone.
U.S. speeds visas for vulnerable Afghans as pullout looms, but Congress wants more
Reuters: As the U.S. military completes its withdrawal from Afghanistan in the coming weeks, the Biden administration says it is adding staff to hurry up the visa process for Afghans who worked for the U.S. government and want to flee to avoid Taliban reprisals.
NYC’s Latino Leaders Split Over the Best Mayoral Candidate for Immigrants
CityLimits: As they continue on the campaign trail, contenders of both parties who remain in the race speak openly about citizens’ concerns, such as crime, police reform, affordable housing, education, health, jobs and the Big Apple’s recovery from the COVID-19 pandemic. Latino voters, however, still feel that they have not heard concrete proposals regarding immigrants.
ICE Discussed Punishing Immigrant Advocates For Peaceful Protests
Intercept: Internal ICE records and emails, as well as a deposition by an ICE officer in a court case, show the agency referring to an advocacy group as a “known adversary” and closely surveilling the immigration and civil rights activists’ activities, both online and in person.
Desperate for Covid Care, Undocumented Immigrants Resort to Unproven Drugs
NYT: Health and consumer protection agencies have repeatedly warned that several of these treatments, as well as vitamin infusions and expensive injections of “peptide therapies” sold at alternative wellness clinics for more than $1,000, are not supported by reliable scientific evidence.
Biden Signals Big Changes to Legal Immigration and Asylum Law with Spring Regulatory Agenda
AIC: Although not every proposed rule put on the agenda will end up being finalized, the agenda signals an administration’s priorities and its goals for pursuing changes to our immigration system through executive action.
LITIGATION/CASELAW/RULES/MEMOS
DOJ Vacates Matter of A-B- and Matter of A-B-II
DOJ vacated Matter of A-B- and Matter of A-B-II and stated that immigration judges and the BIA should no longer follow these decisions when adjudicating pending or future cases. Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) AILA Doc. No. 21061639
DOJ Vacates Matter of L-E-A- II
DOJ vacated Matter of L-E-A- II in its entirely and immigration judges and the BIA should no longer follow Matter of L-E-A- II when adjudicating pending and future cases. Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021)AILA Doc. No. 21061640
OIL Memo: Impact of Attorney General decisions in Matter of L-E-A-and Matter of A-B-
AAG: Please review any pending cases that may be affected by the Attorney General’s vacatur of L-E-A-II, A-B-I, and A-B-II and take appropriate steps in light of that development, including seeking remands in appropriate cases to allow the Board to reconsider asylum claims based on this change in the law.
The court certified to New York State Court of Appeals the question of whether an intent to “appropriate” property requires an intent to deprive the owner of property permanently or under circumstances where their property rights are substantially eroded. (Ferreiras Veloz v. Garland, 6/7/21) AILA Doc. No. 21061635
3rd Circ. Won’t Halt Deportation Of Jamaican Woman
Law360: A split Third Circuit panel on Thursday refused to halt deportation proceedings for a Jamaican woman who pled guilty to defrauding the elderly in a lottery scam, ruling in a precedential decision that she didn’t prove she was likely to face retribution from the scam’s ringleader if sent back to her native country.
The court held that although the defendant, a former military officer, refused to shoot civilians during the Salvadorian Civil War, the fact that he “assisted” and “participated in the commission of” extrajudicial killings permitted his denaturalization. (United States v. Vasquez, 6/11/21) AILA Doc. No. 21061737
The court concluded that 8 CFR §212.7(e)(4)(iii), together with 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii), gives IJs and the BIA the authority for administrative closure to permit noncitizens to apply for and receive provisional unlawful presence waivers. (Garcia-DeLeon v. Garland, 6/4/21) AILA Doc. No. 21061634
The court found that while the Memphis Immigration Court violated procedural rules in transferring the petitioner’s hearing to the Louisville Immigration Court, that violation was a procedural question relating to venue, not jurisdiction to hear the case. (Tobias-Chaves v. Garland, 6/8/21) AILA Doc. No. 21061636
CA9 Remands Case Involving Defective NTA Under Pereira in Light of Recent Supreme Court Decision
The court granted the petition for review and remanded the case to the BIA in light of the U.S. Supreme Court’s recent decision in Niz-Chavez v. Garland. (Lorenzo Lopez v. Garland, 6/8/21) AILA Doc. No. 21061643
CA9 Reverses Denial of Deferral of Removal Where BIA Improperly Engaged in De Novo Review
The court held that the BIA erred by reviewing the IJ’s decision de novo rather than for clear error, and found that the record established that the petitioner had met her burden to show it was more likely than not she would be tortured if removed to Mexico. (Soto-Soto v. Garland, 6/11/21) AILA Doc. No. 21061644
10th Circ. Says Samoan Citizenship Question Not For Courts
Law360: A split Tenth Circuit panel on Tuesday reversed a Utah federal judge’s order finding that American Samoans are birthright U.S. citizens, holding that the issue belongs in the hands of Congress, not the courts.
11th Circ. Says Rules Require New Review Of Asylum Bid
Law360: In a decision that established several court precedents, the Eleventh Circuit has revived a Sri Lankan man’s bid for asylum, ruling that both an immigration judge and the Board of Immigration Appeals failed to properly reconsider his asylum application after allowing him to stay in the United States.
DC Circ. Says Asylum Policies Beyond Its Purview
Law360: The D.C. Circuit ruled Friday that it lacks jurisdiction to revive asylum-seekers’ challenge to how border officers carry out a policy that requires migrants to seek protections in other countries they pass en route to the U.S.
Resources Related to Lawsuit Challenging New DHS Asylum EAD Rules
AILA: DHS filed a motion for partial summary judgment in district court on all the plaintiffs’ claims regarding the 30-day timeline repeal rule, which was published on June 22, 2020.
DHS Asks Judge Not To Impose Asylum Work Permit Deadline
Law360: The Biden administration has asked a Maryland federal judge to keep intact a Trump-era asylum work rule that gives the U.S. Department of Homeland Security more time to process work permits, saying the increased flow of asylum-seekers justifies the change.
Migrants Fault USCIS Interpretation Of 10-Year Entry Ban
Law360: Three Mexican nationals have asked a Colorado federal court to declare that U.S. Citizenship and Immigration Services unlawfully denied their green card applications by finding them inadmissible under a 10-year bar on reentering the United States up to 20 years after they left the country.
USCIS provided guidance in the Policy Manual on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family members with pending, bona fide petitioners. Comments and feedback is due by July 14, 2021. AILA Doc. No. 21061433
DHS and DOS Issue Joint Statement on Expansion of Access to the Central American Minors Program
DHS and DOS issued a joint statement on the second phase of the Central American Minors (CAM) program’s reopening. Eligibility now includes legal guardians and parents and U.S.-based parents or legal guardians with pending asylum application or pending U visa petition filed before 5/15/21. AILA Doc. No. 21061631
RESOURCES
- AILA: Client Flyer: The Nonimmigrant Visa Interview Waiver Process
- AILA: Practice Alert: USCIS Releases Revised VSC Address Change Announcement
- AILA: Practice Alert: USCIS Offers Limited-Time Filing Flexibilities for Untimely Lockbox Rejections
- AILA: Practice Pointer: Obtaining NIV Appointments and Applying for COVID- Related NIEs
- AILA: Sample Briefs and Resources
- AILA: Ethics Reference Guide by State
- ASISTA: Policy Alert: Bona Fide Employment Authorization for U Visa Petitioners
- CLINIC: Practice Advisory: Stays of Removal
- CLINIC: Updated Practice Alert: U Visa and T Visa “After-Acquired Spouse” Cases
- ILRC: 2021 California Laws That Can Help Immigrants Charged with or Convicted of Crimes
- ILRC: Criminal Defender Toolkit re: Institutional Hearing Program
- Justice Campaign Provides Samples, Templates, and More for Detained Removal Defense Practitioners
- LAS: What You Need to Know About the NYS Emergency Rental Assistance Program (ERAP)
EVENTS
- 6/22/21 EADs and Delays in Work Authorization for Your Family– and Employment-Based Clients
- 6/22/21 Defending Immigration Removal Proceedings 2021
- 6/22/21 Learn About EOIR’s Recognition & Accreditation Program and USCIS’ Fiscal Year 2021 Citizenship and Integration Grant Program
- 6/23/21 Webinar on Digital Prisons Report
- 6/24/21 USCIS: Temporary Protected Status (TPS) for Burma (Myanmar)
- 6/25/21 Understanding and Screening for Statelessness
- 6/29/21 Immigrant eligibility for public benefits
- 6/30/21 “Objection!” How to Object Effectively in Immigration Court
- 6/30/21 Immigration Update – June 2021
- 7/7/21-7/21/21 Webinar Series: Navigating Refugee and Asylee Issues
- 7/8/21-7/29/21 Webinar Series: Overview of Removal Proceedings and Orders of Removal
- 7/9/21 FOIA Requests with DHS
- 7/15/21 Build Bridges, Not Walls: A Journey to a World Without Borders
- 7/21/21 The ethics of dual representation (child and guardian) in SIJS practice
- 7/21/21 Ethical Considerations for Immigration Law
- 7/22/21 PLI: Defending Immigration Removal Proceedings 2021
- 7/26/21 Understanding Parole
- 9/23/21 Representing Children in Immigration Matters 2021: Effective Advocacy and Best Practices
ImmProf
Monday, June 21, 2021
- President Biden’s program for migrant children doesn’t go far enough
- President Biden Will Use Border Wall Funding for Safety and Environmental Protections
- Lady Liberty’s “Little Sister,” on its Way to the U.S. from France
- Ending, not extending, the rocket docket in immigration court
- Immigration Article of the Day: Migrant Protection Protocols and the Death of Asylum by Austin Kocher
Sunday, June 20, 2021
- ICE Discussed Punishing Immigrant Advocates for Political Activity
- World Refugee Day
- Immigration Article of the Day: White Supremacy, Police Brutality, and Family Separation: Preventing Crimes Against Humanity Within the United States by Elena A. Baylis
Saturday, June 19, 2021
- EU Launches Grant Facility to Address Displaced Populations
- Now Streaming: Immigrant Mass
- Only in Texas? “Texas empties prison to prepare to detain immigrants arrested during ramped-up border enforcement”
- Happy Juneteenth!
- Immigration Article of the Day: Enabling the Best Interests Factors by Adrian E. Alvarez
Friday, June 18, 2021
- Tenth Circuit denies birthright citizenship to nationals in US territories
- Immigrants Built Wine Country
- Fear of Separation Among Latinx Families
- Immigration’s role in America’s labor shortage
- Immigration Article of the Day: Trump’s Policy of Putting Kids in Cages: Six Dead, Thousands Separated From Parents, Making America Great Again? by David R. Katner
- A College Grad Honored Her Parents With A Photo Shoot In The Fields Where They Worked
Thursday, June 17, 2021
- From The Bookshelves: Immigration, Crime, and the Administration of Justice
- US Bishops call for ‘humane and comprehensive’ immigration reform
Wednesday, June 16, 2021
- AG Issues Two Major Decisions Today
- Redefining Homeland Security: A New Framework for DHS To Meet Today’s Challenges
- Biden Adminsitration Terminates Trump’s Victim of Immigration Crime Engagement office
- Biden Continues Revival of Central American Minors Program
- Stanford Immigrants’ Rights Clinic: Institutional Hearing Program Toolkit
Tuesday, June 15, 2021
- Borderless Europe: Seven Decades of Free Movement
- Call For Papers–AALS 2022, New Voices in Immigration Law
- Current Trends in Refugees and Asylees in the United States
- Immigration Article of the Day: Vicarious Trauma and Ethical Obligations for Attorneys Representing Immigrant Clients: A Call to Build Resilience Among the Immigration Bar by Lindsay Harris et al.
- DACA Turns 9 Today
Monday, June 14, 2021
- New USCIS Policy Guidance on U Visas
- Immigration influences on “In the Heights,” by AK Sandoval-Strausz
- At the Movies: In the Heights (2021)
- With a backlog of over 1.3 million cases, the 500 immigration judges in the US feel overburdened and pressured to deport
- Immigration Article of the Day: The DACA decision: Department of Homeland Security v. Regents of the University of California and its implications by Brian Wolfman
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Thanks Elizabeth! As previously noted, I remain skeptical of Biden Administration plans to “reform” asylum law without bringing in the progressive human rights experts who can handle the job!
Most needed “reforms” — like bringing in progressive judges, replacing the BIA, bringing in progressive managers and executives, slashing the largely self-created EOIR backlog, working with NGOs to provide universal representation to asylum seekers and other vulnerable individuals, eliminating unnecessary detention, issuing positive precedents to guide IJs and Asylum Officers, bringing on more Asylum Officers and offering them better training (see, e.g., VIISTA @ Villanova), restoring Administrative Closing, implementing e-filing at EOIR, expanding the Central American Minors Program and other refugee programs in Central America, and many others are “hiding in plain sight.”
The “blueprints” are already about there — in bulk! All that’s missing is the dynamic new progressive leadership to implement them and insure compliance.
Also, as I’ve pointed out before, no Administration in history has had the benefit of so much empirical data, practical scholarship, and “ready for prime time” workable solutions for such well-documented and glaring problems. The asylum and EOIR “fixes” are both highly doable and can produce immediate positive results with more to follow!
But, not necessarily the way the Biden Administration is going about it, with far too many of those needed to turn “rhetoric into reality” still on sidelines in the private sector. In the meantime, folks who have already proved beyond a reasonable doubt that they can’t fix the system remain in key positions.
For Pete’s sake, several of my Georgetown Law students rattled off some of these solutions in class yesterday, and asked me why nobody was working on them. I told them I couldn’t figure out why the Biden Administration was so “slow on the uptake” with so many resources and experts out here in the private sector!
One of my most obvious ideas — hire my three colleagues, Georgetown Professors Phil Schrag, Andy Schoenholtz, and Temple Associate Dean Jaya Ramji-Nogales who recently wrote “instant immigration classic” The End of Asylum and earlier wrote the classic “bad government” expose Refugee Roulette — on a six month consulting contract to come in and fix EOIR and the Asylum Office.
It’s not so much regulatory reform that’s needed (although to be sure improvements can be made), but rather bringing in progressive leadership and better judges in key positions at DHS, DOJ, and EOIR to insure that due process is maximized, best practices are instituted, and recalcitrant personnel still committed to the Trump/Miller White Nationalist agenda are placed in other jobs where they can’t overtly damage our justice system.
Not “rocket science!” 🚀 But, it’s not going to be solved by a “regulatory agenda” either!
🇺🇸Due Process Forever!
PWS
06-23-21
