TOP UPDATES
Decision Possible Today for Travel Ban Case
Watch SCOTUSblog’s live blog for news.
SCOTUSblog: Eight justices sided with Wescley Fonseca Pereira in his argument that a government-issued document notifying him of the government’s intention to initiate removal proceedings against him did not stop the clock on his continuous physical presence in the United States, leaving him eligible for potential relief from removal. [Note: The case also raised some interesting issues related to the scope of Chevron deference. In addition, practitioners are now debating best practices on motions to terminate where the NTA does not state a time and place, but TAs are trying to orally amend NTAs in court.]
Trump: Deport without Judges or Court Cases
CNN: President Donald Trump on Sunday called for the US to deport people without judicial proceedings, referred to an invasion by “these people” and railed against standing immigration laws.
President Trump Signs Executive Order on Family Separation
In an executive order titled “Affording Congress an Opportunity to Address Family Separation,” President Trump orders DHS to take measures to detain family units without separating children from parents and orders DOJ to file a request to modify the Flores settlement, among other things.
AILA Doc. No. 18062032
DOJ Seeks Modification of Flores Settlement
ImmProf: As expected, the Department of Justice has filed a request to modify the Flores settlement to permit family detention. This document from the Women’s Refugee Commission explains the settlement and the family separation crisis in more detail.
How asylum officers are being told to implement Sessions’s new rules
Vox: Last week, Attorney General Jeff Sessions issued a sweeping ruling that threatened to radically narrow the standards by which people fleeing domestic or gang violence could claim asylum in the US — or even be allowed to stay in the country to plead their case. But an internal memo sent to the people actually responsible for implementing Sessions’s ruling at the border, and obtained exclusively by Vox, indicates that Sessions’s revolution isn’t as radical as it seemed — at least not yet.
House Republicans worked all weekend but still not clear if the votes are there for immigration bill
CNN: House Republicans will push ahead this week with a vote on their own compromise immigration bill that still faces long odds in the chamber despite last-minute delays and a rush to make changes. Over the weekend, aides and members worked to see if they might be able to include a provision to expand E-verify, a program the US government uses to check the immigration status of workers, as well as a guest worker visa program. But, there was little evidence that the changes would be enough to get the bill passed.
Mass. ICE agents to reinstate in-office arrests
Boston Globe: Immigration officials in Massachusetts may once again arrest undocumented immigrants who show up for appointments at government offices, marking the reversal of a February directive that had halted the practice, according to a filing Friday in US District Court in Boston.
Podcast: How is immigration a women’s issue?
WP&E: Recent immigration policies have fostered a climate of fear among immigrants and their loved ones. A hardline stance against the undocumented, resulting in threats of detention, deportation and separation have impacts at the individual, community and institutional level with public health effects. How do these policies impact women and girls? Is immigration a women’s issue? In this episode, we brought together experts in law, immigration, and psychosocial care to discuss these issues and the impact.
LITIGATION/CASELAW/RULES/MEMOS
CA3 Finds SIJ Designees May Enforce Their Rights Under the Suspension Clause
The court found that the jurisdiction-stripping provides of the INA operates as an unconstitutional suspension of the writ of habeas corpus as applied to SIJ designees seeking judicial review of orders of expedited removal. (Osorio-Martinez v. Attorney General, 6/18/18) AILA Doc. No. 18062135
DOJ Files Lawsuit Challenging Three California Laws Relating to Immigration Enforcement
The Department of Justice filed a lawsuit challenging three California laws relating to immigration enforcement as violating the Supremacy Clause of the Constitution. (United States v. California, 3/6/18) AILA Doc. No. 18030700
DOJ Settles Immigration-Related Discrimination Claim Against Setpoint Systems Inc.
DOJ announced that it reached a settlement with Setpoint Systems, Inc., of Ogden, Utah, related to the company’s unlawful policy of hiring only U.S. citizens for professional positions and refusing to consider otherwise qualified noncitizen applicants. AILA Doc. No. 18061904
Supreme Court Rules That Notices Triggering Stop-Time Rule Must Include Time and Place
The Supreme Court held that a putative notice to appear that fails to designate the specific time or place of the noncitizen’s removal proceedings is not a “notice to appear under §1229(a),” and so does not trigger the stop-time rule. (Pereira v. Sessions, 6/20/18) AILA Doc. No. 18062132
CBP Releases Statement Concerning Facebook Post About Border Patrol Transportation Check
CBP published a statement regarding a post on Facebook about a Border Patrol transportation check near the Nevada-California state line. The agency claims the events in the post are false and “strongly rebuts” an ACLU blog post about it. AILA Doc. No. 18061901
Various Statements Over The Past Week, Many Now Outdated
- CBP Issues Statement on Implementing Executive Order on Family Separation
- Attorney General Publishes Op-Ed in USA Today on Family Separatio
- DHS Secretary Nielsen Delivers Remarks on Immigration and the Southern Border
- White House Publishes Fact Sheet on the “Crisis at the Border by the Numbers”
- DHS Issues Fact Sheet on Zero Tolerance Immigration Prosecutions and Families
- DHS Publishes Myth vs. Fact Document on Its Zero-Tolerance Policy
- DHS and HHS Provide Handout on Next Steps for Families in DHS Custody
- DHS Secretary Nielsen Delivers Remarks To National Sheriffs’ Association Annual Conference
- Attorney General Delivers Remarks to National Sheriffs’ Association Annual Conference
ACTIONS
- AILA Featured Issue: Protect DreamersTake Action: Congress Must Protect Dreamers, Reject Extreme House Bill
- CARA Family Detention Project: CLINIC, AILA, RAICES, and the American Immigration Council have joined forces to create the CARA Family Detention Pro Bono Project. Together with our volunteers, we will continue the fight to help the hundreds of women and children being held in family detention. Currently recruiting volunteers.
- Call for Feedback: Impact of Matter of A-B- Decision
- ICE Out of Courts Database and Call for Data and Affidavits: The team working to advocate with the OCA have compiled a list of questions that you and your organizations can reference when pulling together data and affidavits (also attached). The goal of affidavits and data is to demonstrate the broad systemic impact of ICE’s presence in courts. Our internal deadline is Friday, July 6th.
RESOURCES
- New Resource: Expert Declaration on Childhood Trauma and Child Neurodevelopment
- HRW Report: Code Red: The Fatal Consequences of Dangerously Substandard Medical Care in Immigration Detention
- No Safe Haven Here: Mental Health Assessment of Women and Children Held in U.S. Immigration Detentio
- AILA Member Talking Points on Family Separation and EO Seeking Expansion to Family Detention
- USCIS Field Operations Liaison Committee: Tips and Tricks For Local Field Offices
- Family Matters: Claiming Rights across the US-Mexico Migratory System
- The Case for a National Legalization Program without Legislation or Executive Action
- NIJC’s new Practice Advisory: Applying for Asylum After Matter of A-B-
EVENTS
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6/27/18 Rally in Support of Survivors Seeking Asylum & Immigrant Rights
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6/28/18 Fighting Islamophobia & Anti-immigrant Policies Across America
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7/1-3/18 National Institute for Trial Advocacy & CLINIC Training in Boulder, CO
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7/6/18 Immigrant Youth Advocates Lunch & Round Table Discussion
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9/26/18 Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices
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As always, thanks, Elizabeth!
PWS
06-25-18