Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”
The Gibson Report 08-26-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
TOP UPDATES
DOJ making changes to agency that runs immigration courts
AP: The rule gives the director of the Executive Office for Immigration Review the ability to issue appellate decisions in cases that haven’t been decided within an allotted timeframe. It also cements the administration’s decision to create an office of policy for the immigration courts in 2017.
USCIS Stops Accepting and Adjudicating Deferred Action Applications for Non-Military Applicants
AILA has confirmed that as of August 7, 2019, USCIS has stopped accepting and adjudicating deferred action applications for non-military applicants. AILA seeks examples of those impacted by this change. Please complete the survey included with this alert to submit your example. AILA Doc. No. 19082334
EOIR Opening New Immigration Court in New York City
EOIR announced it will be opening a new immigration court on Broadway in New York City on September 9, 2019. Notice includes the new court’s location, contact information, and hours of operation. AILA Doc. No. 19082202
DHS and HHS Final Rule Amending the Regulations Relating to Custody of Minors
Joint DHS and HHS final rule amending the regulations relating to the apprehension, processing, care, custody, and release of noncitizen minors. The promulgation of this rule is intended to terminate the Flores Settlement Agreement. The rule is effective 10/22/19. (84 FR 44392, 8/23/19). AILA Doc. No. 19082200 See also Changes for a landmark agreement mean immigrant children face harsher treatment in U.S.
In latest crackdown, new policy makes it easier to deny work permits to immigrants
Miami Herald: U.S. Citizenship and Immigration Services (USCIS) issued a policy alert on Monday stating that the agency is enhancing its adjudicators’ discretion to grant or deny work permits to foreign nationals paroled in the U.S.
AG William Barr Promotes Immigration Judges with High Asylum Denial Rates
SF Chronicle: The Trump administration has promoted six judges to the immigration appeals court that sets binding policy for deportation cases — all of whom have high rates of denying immigrants’ asylum claims. The six come from courts that have higher asylum-denial rates than the national average, including two from a court that has drawn complaints of unfair proceedings from immigration attorneys and advocates. A third has a long history of denying asylum to domestic violence victims, something the Justice Department has also sought to do. See also EOIR Announces Selection of Four New Assistant Chief Immigration Judges.
Trump’s Latest Asylum Ban Goes Into Effect in Texas and New Mexico
AIC: The ruling amounts to a partial victory for President Trump. While the ban covers the border states outside of the Ninth Circuit, it will not apply to anyone entering the country through California and Arizona. See also: Top Immigration Officials Gave Asylum Officers The Wrong Instructions On Trump’s New Restrictive Policy.
Undocumented Restaurant Worker Is Arrested by ICE During Deposition Against His Employer
WNYC: Last Monday, attorney Adam Dong said he was accompanying Zhang as he gave his deposition at the office of the defense counsel near Albany. The arrest happened when they broke for lunch.
ICE Announced New Expeditious Removal Process for Guatemalans
ICE announced that since mid-July 2019, U.S. and Guatemala have implemented an expeditious removal process for Guatemalan citizens. In FY2019 to date, ICE has removed 49,000 Guatemalans compared to 50,000 in FY2018, and more than 1,500 members of family units, a 50 percent increase from last year. AILA Doc. No. 19082605
ICE shut down a hotline for detained immigrants after it was featured on ‘Orange Is the New Black’
LA Times: Freedom for Immigrants, which runs visitation programs in detention centers across the country, responded Thursday with a cease-and-desist letter charging that the termination is a violation of free speech and amounts to retaliation by the government in an attempt to silence one of its prominent critics. Six actors from “Orange Is the New Black” and more than 100 organizations signed a letter to acting ICE Director Matthew Albence demanding that the line be restored.
Trump Aide Who Floated Sending Migrants to Sanctuary Cities Gets Powerful New Job
Daily Beast: Davis, a Harvard Law graduate and immigration hawk, is poised to play an important part in helping guide some of Trump’s most consequential policy moves, particularly on executive orders that are screened and closely examined by the counsel’s office. On Wednesday, the president again claimed that his administration was “seriously” looking at ending birthright citizenship, a potential executive order that would likely fall under Davis’s portfolio.
Buzzfeed: An email sent from the Justice Department to all immigration court employees this week included a link to an article posted on a white nationalist website that “directly attacks sitting immigration judges with racial and ethnically tinged slurs,” according to a letter sent by an immigration judges union and obtained by BuzzFeed News.
Reveal: The discovery of Assistant Chief Immigration Judge Daniel Daugherty’s email to judges illustrates the inner workings of one of the nation’s busiest immigration courts, days after the Department of Justice filed a petition to disband the immigration judges union.
ICE Keeps Arresting Prominent Immigration Activists. They Think They’re Being Targeted.
VICE: Since President Trump took office, ICE has arrested at least 20 undocumented activists. As that figure continues to rise, advocates across the country increasingly worry they’re being targeted because of their activism — not their immigration status.
Foreign Student Visa Issuance Is Down Over 40 Percent
AIC: Much of this decline stems from delays in the processing of student visas. New and onerous screening procedures introduced by the Trump administration are responsible for a great deal of the added time it now takes to process a visa application.
Trump, QAnon and an impending judgment day: Behind the Facebook-fueled rise of The Epoch Times
NBC: Started almost two decades ago with a stated mission to “provide information to Chinese communities to help immigrants assimilate into American society,” The Epoch Times now wields one of the biggest social media followings of any news outlet. By the numbers, there is no bigger advocate of President Donald Trump on Facebook than The Epoch Times.
LITIGATION/CASELAW/RULES/MEMOS
The Solicitor General’s Expedited Removal Petition
Take Care: The Solicitor General recently filed a petition for certiorari asking the Supreme Court to review a constitutional challenge to the so-called expedited removal system.
SCOTUSblog: Argument Oct 16, 2019: (1) Whether the Immigration Reform and Control Act expressly pre-empts the states from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications; and (2) whether the Immigration Reform and Control Act impliedly preempts Kansas’ prosecution of respondents.
Trump administration sued over poor medical care in immigration centers
Politico: Immigration advocates filed a sweeping, first-of-its kind class action lawsuit in federal court against the Trump administration on Monday, claiming official policies and lack of oversight related to the border and immigration crisis have led to major lapses in medical and mental health care in nearly 160 detention facilities across the country.
DHS and HHS Provide an Advance Copy of Final Rule to Terminate Flores Settlement Agreement
On 8/23/19, DHS and HHS published a joint final rule to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles in the Federal Register. The rule is effective 10/22/19.AILA Doc. No. 19062495
DOJ Interim Final Rule Making Changes to EOIR, Including Delegating New Authority to EOIR Director
DOJ interim final rule making organizational changes to EOIR, including delegating authority to adjudicate backlogged appeals from the Attorney General to the EOIR Director. The rule is effective 8/26/19, with comments accepted through 10/25/19. (84 FR 44537, 8/26/19) AILA Doc. No. 19082601. See also Statement by Immigration Judges Union on Interim Final Rule Making Changes to Immigration Court System.
Early Arrival: Attorneys General Support Driver’s Licenses in New York
DocumentedNY: Nine states filed an amicus brief on Friday in support of the Green Light Bill, which allows undocumented people to get driver’s licenses in New York. The bill has been challenged by Erie County Clerk Michael Kearns in the federal Western District of New York, arguing in a July lawsuit that Green Light NY would force him to violate federal immigration law.
BIA Reopens Proceedings Sua Sponte for TPS Holder to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent to apply for adjustment of status in light of grant of TPS and recent reentry pursuant to grant of advance parole. Special thanks to IRAC. (Matter of Sylvestre, 12/10/18) AILA Doc. No. 19082301
BIA Reopens Sua Sponte for TPS Holder to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte to allow respondent to apply for adjustment of status in light of grant of TPS and recent entry pursuant to grant of advance parole. Special thanks to IRAC. (Matter of Senord, 11/29/18) AILA Doc. No. 19082001
BIA Holds Respondent Not Inadmissible for Conviction Subject to 212(c) Waiver
Unpublished BIA decision holds that respondent is not inadmissible based on a conviction for which he was previously granted a waiver under former INA 212(c). Special thanks to IRAC. (Matter of Morel-Uceta, 12/14/18) AILA Doc. No. 19082302
BIA Issues Decision Clarifying Standard of Proof to Establish Marriage Fraud Under INA §204(c)
The BIA issued a decision clarifying the “substantial and probative evidence” standard of proof necessary to bar the approval of a visa petition based on marriage fraud under INA §204(c). Matter of Singh, 27 I&N Dec. 598 (BIA 2019) AILA Doc. No. 19082317
BIA Upholds Grant of Adjustment of Status to Applicant with Three DUIs
Unpublished BIA decision upholds discretionary grant of adjustment application for respondent with three DUIs in light of more than 20 years’ residence, consistent employment, and passage of time since most recent offense. Special thanks to IRAC. (Matter of Velasquez Chavez, 12/10/18) AILA Doc. No. 19082300
BIA Holds Illinois Aggravated Sexual Abuse Not an Aggravated Felony
Unpublished BIA decision reopens and terminates proceedings sua sponte upon finding aggravated criminal sexual abuse under 720 Ill. Comp. Stat. Ann. 5/12-16(d) not sexual abuse of a minor under Esquivel-Quintana v. Sessions. Special thanks to IRAC. (Matter of Dave, 11/29/18) AILA Doc. No. 19082000
BIA Rescinds In Absentia Order Due to Tardy Filing of NTA
Unpublished BIA decision rescinds in absentia order because DHS did not file NTA prior to originally scheduled hearing and respondent thus had no obligation to inform court of change of address. Special thanks to IRAC. (Matter of Abarca, 12/6/18) AILA Doc. No. 19082209
BIA Holds Minnesota Joyriding Statute Not an Aggravated Felony
Unpublished BIA decision holds that taking or driving a motor vehicle without the consent of the owner under Minn. Stat. 609.52, subd. 2(a)(17) is not an aggravated felony theft offense. Special thanks to IRAC. (Matter of B-A-D-, 12/6/18) AILA Doc. No. 19082208
BIA Grants Change of Venue in Interlocutory Appeal
Unpublished BIA decision grants interlocutory appeal and orders change of venue from Atlanta to New York in light of location of respondent’s residence, witnesses, and attorney. Special thanks to IRAC. (Matter of S-G-P-M-, 12/3/18) AILA Doc. No. 19082207
Posted 8/19/2019
EOIR released a policy memo on ex parte communications, and the limited circumstances in which they may be permissible. The memo also notes that allegations of misconduct raised against EOIR adjudicators by a stakeholder does not constitute an improper ex parte communication.
AILA Doc. No. 19081901
EOIR Released UAC Statistics for FY2019
EOIR Released FY2019 Statistics on UAC Cases Pending More than Three Years
EOIR Released Statistics on FOIA Receipts
EOIR Released the Current Median UAC Case Completion and Case Pending Time for FY2019
EOIR Released Median Completion Times for Detained Cases
EOIR Released Statistics on Motions to Reopen
EOIR Released Statistics on Representation Rates
RESOURCES
· How to Explain the Flores Regulation to Clients, Reporters, and Members of the Public
· Bite-Sized Ethics: Too Close for Comfort? Friending Your Clients on Social Media
· DOJ’s Latest Effort To Undermine Impartial Immigration Bench (IJ Union)
· Universal Representation: Systemic Benefits and the Path Ahead
EVENTS
- 8/26/19 Basics of Immigration Litigation in the Federal Courts
- 8/27/19 Common Evidentiary Conundrums & Persuasive Asylum Advocacy in Immigration Court
- 8/27/19 Basics of Immigration Litigation in the Federal Courts
- 8/28/19 USCIS’ Final Rule on Public Charge: How Your Program Can Prepare
- 8/29/19 Late-Breaking Webinar After the new ICE Memo: Now how do we stop survivor removals?
- 8/30/19-9/27/19 Dealing with Denials
- 9/2/19 Travel Ban: On-the-Ground Updates on the Waiver Process
- 9/4/19 Effectively Dealing with Program Transitions
- 9/16/19-10/31/19 Comprehensive Overview of Immigration Law
- 9/18/19 Representing Children in Immigration Matters 2019: Effective Advocacy and Best Practices
- 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
- 10/2/19-10/9/19 2-Part Webinar Series: Evaluation Skills for Sharing Successful Immigration Stories
- 10/11/19-11/1/19 Webinar Series: Representing Asylum Seekers
- 10/15/19-11/5/19 Webinar Series: Understanding and Preparing Waivers
- 10/17/19 Forced Migration, Protection, and Border Control
ImmProf
Monday, August 26, 2019
· U.S. Government Shuts Down Immigration Detention Hotline Featured on “Orange Is the New Black”
Sunday, August 25, 2019
· Desafortunadamente (Unfortunately)
· Is the Trump Administration Arresting Undocumented Activists?
· Employers Struggle With Hiring Undocumented Workers: ‘You Cannot Hire American Here’
Saturday, August 24, 2019
· Justice Department Sends Immigration Judges a White Nationalist Blog Post
· Immigration Article of the Day: Litigation Post-Pereira: Where Are We Now? by Geoffrey A. Hoffman
Friday, August 23, 2019
· The Conversation: A Short Explanation of the Flores Settlement and Its Possible Demise
· Queens NY speaks more languages than anywhere else in the world
Thursday, August 22, 2019
· Trump criticizes birthright citizenship… again
· Your Playlist: Willie Nelson
Wednesday, August 21, 2019
· Teaching A-C-M- with The Mockingjay (Part 2)
· Trump Administration Announces New Rule to “Implement” the Flores Settlement
· Trump is using the same immigration policy that once kept out Jews fleeing Nazi Germany
Tuesday, August 20, 2019
· Census data shows citizenship premium
· Guest Post: Disability Rights in Contemporary Immigration Debates by Jasmine E. Harris
· Supreme Court Immigration News
· Immigration Article of the Day: Environmental Refugees? Rethinking What’s in a Name
· The Empire Strikes Back (Again): Trump administration tightens rules for immigrant work permits
Monday, August 19, 2019
· Immigrant of the Day: Beto Perez (Colombia)
· In-Depth Profiles of Stephen Miller
· More than 40 charged in federal court from Mississippi ICE raid, but no company officials
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Thanks, Elizabeth.
PWS
08-29-19