TOP UPDATES
Supreme Court throws out immigrant teen abortion ruling
Reuters: The action by the justices provided a legal victory to Trump’s administration even though the teenager already has had the abortion because it eliminated a precedent at the federal appeals court level that could have applied in similar circumstances in which detained minors sought abortions.
How one month reshaped the US immigration landscape
CNN: When people look back at the US immigration debate, they might point to May 2018 as a turning point…
- The caravan crossed the border. Future migrants could face more obstacles.
- Trump called MS-13 members animals. Then the administration doubled down.
- Lawmakers almost forced a DACA debate. There’s still a chance they could.
- Hearing Spanish fueled a lawyer’s racist tirade. And a Border Patrol agent’s immigration check.
- The US ended deportation protections for nearly 90,000 more people. Even though diplomats advised against it.
- A Border Patrol agent shot and killed an undocumented immigrant. Then the official account of what happened changed.
- Trump called immigration courts corrupt. Even though his administration has been trying to hire more immigration judges.
- Children are being separated from their parents as a matter of policy. And officials lost track of 1,500 immigrant kids.
- This didn’t all start with Trump.
Fewer Immigrants Are Reporting Domestic Abuse. Police Blame Fear of Deportation
NYT: The Houston police recorded 6,273 domestic violence reports from Hispanics in 2017, compared with 7,460 the year before. Police departments in several cities with large Hispanic populations, including Los Angeles, Denver and San Diego, also experienced a decline in reports of domestic violence and sexual assault in their Hispanic communities.
Trump’s ‘zero tolerance’ at U.S.-Mexico border is filling child shelters
LA Times: Family separations on the southern border due to President Trump’s “zero-tolerance” policy increased the number of immigrant children in government shelters 22% during the last month, officials said. As of Wednesday, 10,852 migrant children were being held at shelters run by the Department of Health and Human Services, compared with 8,886 at the end of last month, said agency spokesman Kenneth Wolfe.
Hidden Horrors Of “Zero Tolerance” — Mass Trials And Children Taken From Their Parents
The Intercept: Mass deportation/family separation court audio and photo:
“The way it’s supposed to work,” he told the parents, “you’re going to be sent to a camp where your child will be allowed to join you. That’s my understanding of how it’s supposed to work.”
“They told me they were going to take her away,” a mother interjected about her young daughter.
“Well, let’s hope they don’t,” said [IJ] Morgan. “You and your daughter, you should be joined together.”
US immigration agents double number of workplace raids, spreading fear and tearing families apart
Independent: Between 1 October of last year and 4 May, ICE says that 3,410 “worksite investigations”, or raids, were opened, which led to 594 criminal and 610 administrative arrests. That’s compared to 1,716 such inspections in the fiscal year of 2017, when 139 criminal arrests were made alongside 172 administrative arrests.
For Immigrant Students, a New Worry: A Call to ICE
NYT: The agency still classifies schools as “sensitive locations” where enforcement actions are generally prohibited. But immigrant rights groups point out that the designation has not stopped ICE agents from picking up parents as they drop their children off at school, nor has it prevented school disciplinarians from helping to build ICE cases.
The latest migrant tool of resistance on the border? A video app
LA Times: MigraCam was started six weeks ago by the American Civil Liberties Union of Texas and Quadrant 2 Inc. to help people send video evidence of law enforcement actions to relatives by email and text. The free app, available in English and Spanish, has been downloaded 5,800 times and features location sharing, customizable prewritten messages, notifications and “know your rights” video presentations.
Texas Monthly: In recent weeks, Garcia and other immigrant activists in El Paso had been hearing reports that CBP agents were blocking Central Americans from proceeding across the bridge to the port of entry where they are entitled to begin the asylum process.
Immigration Clash In Congress Coming In June
NPR: Lawmakers return to Capitol Hill this week to confront an unplanned and unpredictable immigration debate…A divided House GOP Conference will hold a closed-door session on Thursday to build a strategy around immigration legislation scheduled for the floor the third week of June — a deal promised to the rank-and-file by reluctant GOP leaders before the Memorial Day break.
NYC Department of Consumer Affairs Publishes U-visa Certification Procedure
DCA has published U-cert materials. This is a very new certifier, but it is a possible hook for U-visas based on ineffective assistance of counsel where the attorney has violated a provision of the NYC Consumer Protection Law (deceptive advertising, etc.) in a way that can be fit into perjury or obstruction of justice as qualifying U-visa crimes. Shout out to Make the Road for their work on this in relation to 10-year-green-card cases.
- Download DCA Background and Protocol for U-Visa Certifications (in PDF)
- Download U-Visa Certification Application Form (in PDF)
- Visit the Mayor’s Office of Immigrant Affairs website for additional information on U or T Visas
Bethpage AO Office OYFD “Screening” Interviews
Empire Justice: “I was representing a transgender woman from El Salvador who entered the US in 2014, thus she had a OYFD issue. We went to the interview and the officer informed the client that they were going to focus on the OYFD. The interview lasted no more than 30 minutes (if that). After checking with a supervisor, the officer informed us that this was only a screening interview to make sure she qualified under one of the exceptions. They determined she did qualify and now she needs to be rescheduled for a “full” interview. The officer could not tell us when that would be and couldn’t say whether she will be subject to the LIFO policy. I asked if there was any way they could conduct the interview that day and she said no. She explained that she was in charge of screening interviews for OYFD cases, while other officers were conducting full interviews.”
Immigration Court Closures, June 11-13
EOIR: Cases will not be heard at New York City Immigration Court and Varick Street Immigration Court from Monday, June 11 – Wednesday, June 13. Respondents with hearings on these days will be notified via mail regarding their new hearing dates. Reception windows at each court will close at noon on each of these three days. Both courts’ regular hearing schedules will resume on Thursday, June 14.
DOJ Tracking EOIR Interpreters’ Private Activity
AILA listserv: “Last week DOJ emailed all the court interpreters a lengthy memo with new requirements that they inform DOJ of any trips that they take out the country before they leave, that they are not allowed to deviate from the countries they list, that they inform DOJ of any undocumented people living or working in their homes, and they provide intelligence on their colleagues.”
LITIGATION/CASELAW/RULES/MEMOS
SCOTUSblog: At federal government’s request, SCOTUS today vacated appeals-court ruling that cleared way for undocumented teen to obtain abortion. It did not rule on government’s request to sanction teen’s attorneys.
Texas Civil Rights Project: In response to this horrific practice, the groups are requesting that the IACHR adopt measures requiring the United States to immediately stop the practice of separating families and reunite the petitioners with their children. Under the Commission’s Rules of Procedure, the Commission can adopt measures requiring Member States to take action in cases of serious, urgent, and life-threatening human rights abuses.
BIA Holds Adjustment from Refugee to LPR Status Not an “Admission”
Unpublished BIA decision holds that adjustment of status under INA §209 is not an “admission” as an LPR for purposes of the aggravated felony bar in INA §212(h). Special thanks to IRAC. (Matter of B-V-N-, 7/5/17) AILA Doc. No. 18053160
BIA Holds Grant of U Nonimmigrant Status Qualifies as an “Admission”
Unpublished BIA decision holds that nonimmigrants granted U nonimmigrant status from within the United States are “admitted” for purposes of INA §237. Special thanks to IRAC. (Matter of Garnica, 6/29/17) AILA Doc. No. 18060101
BIA Rescinds In Absentia Order Against Infant
Unpublished BIA decision rescinds in absentia order issued by IJ Pelletier in Atlanta against infant whose mother mistakenly thought his presence at the hearing was excused. Special thanks to IRAC. (Matter of K-A-B-V-, 6/27/17) AILA Doc. No. 18060103
BIA Rescinds In Absentia Order Against Respondents Who Checked In with ICE
Unpublished BIA decision finds respondents rebutted presumption of delivery by regular mail by willingly presenting themselves to ICE officers before and after entry of an in absentia order. Special thanks to IRAC. (Matter of Gaspar-Tomas, 6/22/17) AILA Doc. No. 18060104
BIA Holds Florida Prostitution Offense Is Not an Aggravated Felony
Unpublished BIA decision holds that deriving support from prostitution under Fla. Stat. Ann. §795.05(1) is not an aggravated felony under INA §101(a)(43)(K)(i) and rejects DHS request to apply “circumstance-specific” approach. Special thanks to IRAC. (Matter of Demosthene, 6/29/17) AILA Doc. No. 18053132
AAO Remands for Entry of New Decision on Form I-212, Finding Director’s Decision Premature
In a non-precedent decision, the AAO withdrew the Director’s decision, finding it was premature, and remanded to determine whether the applicant merits conditional approval of the Form I-212 as a matter of discretion. Courtesy of Alan Lee. Matter of Y-M-C-, ID #151-8339 (AAO May 25, 2018) AILA Doc. No. 18060107
Documents Related to Case Challenging Restrictions on the Refugee Program
The government filed a motion to dismiss and to dissolve the 12/23/17 preliminary injunction as moot. (Doe v. Trump and JFS Seattle v. Trump, 5/25/18) AILA Doc. No. 17111630
USCIS Provides Historical National Average Processing Times for All USCIS Offices
USCIS provided the national average processing times for select forms based on all USCIS Offices for FY2014 through FY2018. These processing times are based on the age of the workload that USCIS has awaiting adjudication (pending cases) and combines data from all of the USCIS offices. AILA Doc. No. 18052930
USCIS to Implement Online Processing of FOIA Requests
USCIS announced the launch of its Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA requests entirely online. USCIS is commencing FIRST’s digital delivery of services in phases. AILA Doc. No. 18053030
Practice Alert: USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark
AILA members have reported that USCIS is no longer accepting service requests for I-765s pending beyond 75 days if they are still within posted processing times. USCIS has confirmed to AILA that this change was implemented when the agency updated its processing times webpage earlier this year. AILA Doc. No. 18060134
ACTIONS
- Take Action: Congress Must Call on DHS to End Family Separation
- Call for case examples: asylum seekers incorrectly labeled by CBP as having no fear of return
- Volunteers Needed at Detention Center in Dilley, Texas in July
- National Partnership for New Americans (NPNA) is looking for examples of delayed N-400s to include in a report on that subject
- new listserv for anyone interested in engaging on Ronald Mortensen’s nomination for Assistant Secretary of State for Population, Refugees and Migration
RESOURCES
- Ethical Issues in Representing Children in Immigration Proceedings
- How Safe Is the Cloud?
- How to Walk the Ethical Line-Being Less Stressed Out
- Your Complete Guide to the CSPA
- Fearless Lawyering Toolkit
- Download DCA Background and Protocol for U-Visa Certifications(in PDF)
- Scholarship Resources for Undocumented Undergraduate Students
- What Happens When Migrant Children Are Taken Into U.S. Custody?
EVENTS
- 6/5/18Protect Our Courts Act rally tomorrow, June 5 at 12 in front of New York County Criminal Court (60 Centre St), with many of your organizations in support of the Protect Our Courts Act bill that was introduced to the NYS assembly to get ICE out of our courts
- 6/5/18 CLINIC:Four-Part Asylum Series: Overview of Asylum and Related Relief
- 6/6/18Ethics for Immigration Practitioners
- 6/6/18 Human Rights First Spring Asylum Training
- 6/7/18Strengthening the Global Refugee Protection System: The Global Compact on Refugees
- 6/7/18Immigrant Women Summer Art Fest
- 6/11/18Protecting Immigrant Youth from Gang Violence & the Deportation Machine
- 6/12/18 CLINIC:Four-Part Asylum Series: Overview of Asylum and Related Relief
- 6/13-16/18 2018 AILA Conference
- 6/13/18 Manhattan Legal Services Immigration Rights Forum
- 6/16/18 Open Mic: Writing on Race & Immigration
- 6/20/18 Leadership and Advocacy Training (LAT)intended for emerging advocates from Southeast Asian American and ally communities to learn how to advocate effectively for policy change – Apply by February 28
- 6/26/18 Complex Immigrant Visa Processing Matters
- 7/1-3/18 National Institute for Trial Advocacy & CLINIC Training in Boulder, CO
- 7/26/18 Defending Immigration Removal Proceedings 2018
- 9/26/18Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices
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The second item in Elizabeth’s list, “How One Month Reshaped the U.S. Immigration Landscape,” by Catherine E. Shoichet @ CNN ,https://www.cnn.com/2018/06/03/us/immigration-landscape-may/index.html?no-st=1528125986,
is a “must read.” Sorry that I didn’t get around to posting it. But, glad Elizabeth “picked it up.”
It is also well worth noting the rather clear adverse effects of the Trump Administration’s “Gonzo” enforcement policies on reporting of crime in immigrant communities, particularly crimes relating to domestic violence.
PWS
06-05-18