THE GIBSON REPORT — 07-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
TOP UPDATES
Trump administration planning changes to U.S. citizenship test
WaPo: The Trump administration is planning to update the test, and a new version is slated to debut before the end of President Trump’s first term, officials said Friday. A pilot test should be available this fall. USCIS officials are offering few details about the changes to the test, which was last revised in 2008.
Trump officials pressing to slash refugee admissions to zero next year
Politico: During a key meeting of security officials on refugee admissions last week, a U.S. Citizenship and Immigration Services representative who is closely aligned with White House immigration adviser Stephen Miller suggested setting a cap at zero, the people said. Homeland Security Department officials at the meeting later floated making the level anywhere from 3,000 to 10,000, according to one of the people.
Mexico says dodges bullet on ‘safe third country’ talks with U.S. after stemming migrant flows
Reuters: Mexico said on Sunday it averted the so-called “safe third country” negotiations with the United States it desperately wanted to avoid after U.S. Secretary of State Mike Pompeo praised Mexican efforts in reducing U.S.-bound migrant flows.
ACLU files suit to block Trump rule to stop asylum-seekers
Reuters: The American Civil Liberties Union sued U.S. President Donald Trump’s administration on Tuesday, challenging a sweeping new rule that would bar almost all migrants from seeking asylum at the southern border of the United States. See also Trump circumvents Congress to destroy asylum protections and I became an asylum officer to help people. Now I put them back in harm’s way.
The cost of bail for immigrants is surging
Axios: By the numbers: As recently as 2005, all bail bonds issued by judges to immigrants were less than $2,000, according to TRAC’s data. Last fiscal year, just 5% of bonds were less than $2,000, and 40% were $10,000 or more.
Civil Servants Who Process Immigration Applications Are Being Asked To Help ICE Instead
Buzzfeed: The email to staffers, sent Wednesday by USCIS deputy Mark Koumans and obtained by BuzzFeed News, asked employees to volunteer for administrative work in ICE field offices across the country, including processing files that are part of a program forcing immigrants seeking asylum to remain in Mexico as their cases are adjudicated, and supporting public document requests.
Univision: With an ankle monitor that ICE gave him, Honduran immigrant Manuel Gámez was able to be present when his daughter Heydi was disconnected from life support at a hospital in New York. See also Migrant mental health crisis spirals in ICE detention facilities.
ICE Quietly Expands Immigration Detention in the Deep South
AIC: This expansion is particularly concerning given the long and horrifying track record of human rights abuses, staff mistreatment, and inadequate medical care in these facilities in recent years.
ICE Fails to Target Serious Criminals in Immigration Court Filings
TRAC: Despite the administration’s rhetoric of deporting “criminals” from this country, the latest data from the Immigration Courts through June 2019 shows only 2.8 percent of recent Department of Homeland Security (DHS) filings based deportability claims on any alleged criminal activity. This is way down from the emphasis on deporting criminals that prevailed a decade ago. See Figure 1.
2,100 more troops headed to the U.S.-Mexico border, Pentagon says
Politico: The new active-duty troops will arrive “in the next several weeks” and will provide “aerial surveillance, operational, logistical, and administrative support” to Customs and Border Patrol, Pentagon spokesperson Maj. Chris Mitchell said in a statement. ICE raids across major US cities fall short of expectations but fear remains
ICE raids across major US cities fall short of expectations but fear remains
ABC: While the effort seems to have been downgraded — or perhaps just delayed — immigrant communities across the U.S. were still on red alert.
Trump Administration Rejects More Student Visas From Muslim-Majority Countries
AIC: As a result, approvals to study in the United States have plummeted for Iranian students. The State Department has issued a mere 413 student visas to Iranians so far in Fiscal Year (FY) 2019. Only 1,433 were issued in all of FY 2018. By way of comparison, 2,650 were approved in FY 2016.
LITIGATION/CASELAW/RULES/MEMOS
Second Lawsuit Filed to Block Trump Asylum Rule
CAIR: The lawsuit was filed in the United States District Court for the District of Columbia on behalf of CAIR Coalition and Refugee and Immigrant Center for Education and Legal Services (RAICES).
- Monday, July 22—2:00 pm (eastern)—CAIR v. Trump (D.D.C.)– hearing on plaintiffs’ motion for a temporary restraining order.
- Wednesday, July 24 – 9:30am (pacific) – East Bay Sanctuary Covenant v. Barr (N.D. Cal) – hearing on plaintiffs’ motion for a temporary restraining order.
Battle over border wall comes to the court
SCOTUSblog: The battle over the Trump administration’s efforts to build a wall along the U.S.-Mexico border came to the Supreme Court today, as the federal government asked the justices to block a lower-court order that barred the government from using $2.5 billion in Pentagon funds for construction of the wall.
AILA’s Summary of Congressional Hearing on USCIS Processing Delays
This document summarizes the July 16, 2019, House Subcommittee on Immigration and Citizenship hearing on “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services” AILA Doc. No. 19071912
FOIA Litigation Results in Helpful Guidance on Motions Practice Before the BIA
The American Immigration Council released key DOJ guidance that may help you if your clients are facing removal from the United States. These materials—publicly available for the first time—address motions before the Board of Immigration Appeals (BIA), including stays of removal. AILA Doc. No. 19053030
EOIR Releases Guidelines Regarding New Regulations Governing Asylum and Protection Claims
EOIR issued guidelines that established its policy and procedures for adjudicating asylum claims in the context of migrants who enter or attempt to enter the U.S. across the southern land border after failing to apply for protection while in a third country. This guidance is effective 7/16/19. AILA Doc. No. 19071530
RESOURCES
- Practice Advisory: Tips for Representing U Visa Respondents
- El Salvador to Omit Key Data From Official Homicide Tally
- Trump Administration’s Third-Country Transit Bar Fact Sheet
EVENTS
- 7/22/19 Trauma-informed Client Interviewing
- 7/24/19 Legal Aid Socity, in Partnership with Latham and Watkins, to Host R.F.M. v. Nielsen Pro Bono Clinic
- 7/29/19 Arrest Reports in Immigration Matters: Strategies for Responding to Requests for your Client’s Arrest Records
- 7/30/19 The I-864 and the Changing World of Public Charge Inadmissibility
- 8/4/19 Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issue Dominating Our National Dialogue
- 9/2/19 Travel Ban: On-the-Ground Updates on the Waiver Process
- 9/19/19 Don’t Let Your I-601A Backfire: Dealing with Multiple Unlawful Entries
- 9/24/19 “But I Am Not a Litigator!” How to Represent Clients in Federal Court
ImmProf
Monday, July 22, 2019
- Senator Schumer Visits Border, Schumer and Trump to Meet?
- Immigration Article of the Day: Defining Detention: The Intervention of the European Court of Human Rights in the Detention of Involuntary Migrants by Anita Sinha
Sunday, July 21, 2019
- Trump Administration Revising U.S. Citizenship Test
- Immigration Article of the Day: Addiction Informed Immigration Reform by Rebecca Sharpless
Saturday, July 20, 2019
- No Excuse for 30-hour Detention of 9-year-old USC at the Border
- The Trump administration’s abandonment of the US refugee protection program
- Immigration Article of the Day: Unconventional Actors by Kaci Bishop
Friday, July 19, 2019
- “National Conservatism” & Immigration
- ICE Fails to Target Serious Criminals in Immigration Court Filings
- Is the real purpose of the ICE raids to encourage self-deportation?
- Where Do Presidential Candidates Stand on Immigration
- ‘Go Back Where You Came From’: The Roots Of Trump’s Tweets
- Debut author wins 2019 Harper Lee Prize for Legal Fiction with refugees’ story
- Immigration Article of the Day: Civil Servant Alarm by Bijal Shah
Thursday, July 18, 2019
- “Send Her Back”
- Anti-immigrant leader Dr. John Tanton dies
- Joaquin Castro introduces bill to remove ‘illegal’ and ‘alien’ from federal immigration law
- Ken Cucinelli’s expanding influence in Trump’s immigration policy blurs USCIS-ICE functions
- Campaign 2020: Will Race Baiting be the President’s Re-Election Strategy?
- Immigration Article of the Day: A Step Too Far: Matter of A-B-, ‘Particular Social Group,’ and Chevron by Jaclyn Kelley-Widmer & Hillary Rich
Wednesday, July 17, 2019
- Are California Cops Providing Private Information to ICE?
- Asylum Agents at Border Caught off Guard
- US GAO: Nonimmigrant Investors: Actions Needed to Improve E-2 Visa Adjudication and Fraud Coordination
- ProPublica: What It’s Really Like to Guard Migrant Children
- Nation Mourns Passing of Justice Stevens, Liberal Icon, Author of Important Immigration Opinions
- Peter Margulies: The Administration’s New Asylum Rule Exceeds Statutory Authority
- Immigration Article of the Day: A Justice School: Teaching Forced Migration Through Experiential Learning by Lauren Gilbert
Tuesday, July 16, 2019
- Breaking News (but no surprise): New Federal Lawsuit Challenging New Trump Asylum Restrictions
- Congressional hearing on USCIS adjudication backlogs
- Prosecution of Sex Trafficking of Children is Down Nationwide
- Spike in Unaccompanied Child Arrivals at U.S.-Mexico Border Proves Enduring Challenge; Citizenship Question on 2020 Census in Doubt
- From The Bookshelves: They Called Us Enemy by George Takei
- Immigration Articles of the Day: Symposium on the Intersection of Immigration and Health Policy
Monday, July 15, 2019
- Call For Papers–AALS 2020, Scaling the Invisible Wall: Restrictions on Legal Migration
- Call for Papers–AALS 2020, Immigration Control and Environmental Regulation: Toward Justice?
- Call For Papers–AALS 2020, New Voices in Immigration Law
- Border Wall Comes Before the Supreme Court
- Trump Administration Issues New Rule: Asylum seekers who pass through third country first will be ineligible for asylum at the U.S. southern border
- Promised ICE Raids Never Materialize, Fear Remains
- Trump Administration Rejects More Student Visas From Muslim-Majority Countries
********************************
Wow! The continuing saga of malicious incompetence, the demise of Due Process, and the decline of the American Republic.
PWS
07-23-19