HEADLINES:
Concerning Fall Regulatory Agenda
CAP:
Fall regulatory agenda just dropped and there are some VERY concerning new rules around immigration coming out this spring.
- Changes to Eligibility for T visas
- Changes to inadmissibility for Public charge
- Returning immigrants pending removal proceedings?!
- Looks like these 2 could make it harder for abused spouses to leave without losing status https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AC17 https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AC15
- Rule on accepting bonds that could be bad
- Rule terminating Flores settlement
At DOJ:
- Rule to change DOJ’s regs regarding motions to reopen and motions to reconsider post-deportation
- And what appear to be big changes to cancellation of removal
Justice Department weakens guidelines for protecting children in immigration court
ImmProf: The new memo removes suggestions contained in the 2007 memo for how to conduct “child-sensitive questioning” and adds reminders to judges to maintain “impartiality” even though “juvenile cases may present sympathetic allegations.” The new document also changes the word “child” to “unmarried individual under the age of 18” in many instances. Read the memo here. See New EOIR Memo Encourages Immigration Judges To Dump On Unaccompanied Children from retired IJ Schmidt for a breakdown of concerns.
Salvadoran Law Creates Deportation-to-Prison Pipeline
Susan Cruz: Decree 717 was created in response to Trump’s statements about deporting alleged gang members en masse. In a knee-jerk reaction the Salvadoran Assembly passed, and President Sanchez Céren ratified Decree 717 which creates a deportation-to-prison pipeline. It went into effect July 14, 2017. (Click here to read Decree 717).
To curb illegal border crossings, Trump administration weighs new measures targeting families
WaPo: The Trump administration is considering measures to halt a surge of Central American families and unaccompanied minors coming across the Mexican border, including a proposal to separate parents from their children, according to officials with knowledge of the plans. These measures, described on the condition of anonymity because they have not been publicly disclosed, would also crack down on migrants living in the United States illegally who send for their children. That aspect of the effort would use data collected by the Department of Health and Human Services (HHS) to target parents for deportation after they attempt to regain custody of their children from government shelters.
Without New Laws or Walls, Trump Presses the Brake on Legal Immigration
NYT: [The Trump administration] has also quietly, and with much less resistance, slowed many forms of legal immigration without the need for Congress to rescind a single visa program enshrined in the law. Immigration and State Department officials are more closely scrutinizing, and have started more frequently denying, visas for people seeking to visit the United States on business, as well as for those recruited by American companies, according to lawyers representing visa seekers. Foreigners already in the United States whose employers wish to extend their stays are also facing new hurdles.
EOIR Releases Memo on Applications for Cancellation of Removal or Suspension of Deportation
EOIR released an Operating Policies and Procedures Memorandum (OPPM) with guidelines for adjudicating applications for cancellation of removal or suspension of deportation that are subject to the annual limitation (“cap”). Guidance is effective as to hearings that are concluded on or after 1/4/18.
AILA Doc. No. 17122033
USCIS Announces Re-Registration Period Now Open for Nicaraguans with TPS
USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Nicaragua’s designation who want to maintain that status through the program’s termination date of January 5, 2019, must re-register between December 15, 2017, and February 13, 2018.
AILA Doc. No. 17121833
USCIS Announces Re-Registration Period Now Open for Honduras with TPS
USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain that status through the current expiration date of July 5, 2018, must re-register between December 15, 2017, and February 13, 2018.
AILA Doc. No. 17121830
Fearing Deportation From U.S., Migrants Walk To Canada
NPR: More than 9,000 people seeking refugee status in Canada entered the province of Québec from August through October. By comparison, just over 2,400 crossed by foot along the entire U.S. border with Canada last year.
RESOURCES
- Withdrawal of Representation in Immigration Practice by Cyrus Mehta (See attached)
- USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear
- ILRC: List of CIMT Rules
- Legal Aid: ICE in the Courts Best Practices (See attached)
- Memorandum from the Advisory Council for Immigration Issues in Family Court with Adverse Consequences Chart (see attached)
- USCIS Provides the Lesson Plan Overview on Safe Third Country Threshold Screening
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In particular, the “regulatory agenda” appears to contemplate further attacks on Due Process and migrants rights by the Trump Administration. Be prepared!
PWS
12-26-16