Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”
Weekly Briefing
This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.
CONTENTS (jump to section)
- ◦NEWS
- ◦LITIGATION & AGENCY UPDATES
- ◦RESOURCES
- ◦EVENTS
NEWS
‘Remain in Mexico’ policy will continue for several weeks, Mayorkas says
Politico: “We need to wait until the Supreme Court’s decision is actually communicated to the lower court, to the federal District Court and the Northern District of Texas, and, once that occurs, the District Court should lift its injunction that is preventing us from ending the program,” Mayorkas told ABC’s Martha Raddatz.
4 people have been charged in the Texas semitruck smuggling operation that left 53 migrants dead
CNN: Four people have been arrested and charged after 53 migrants died in what one Homeland Security Investigations agent called the deadliest human smuggling incident in US history. The migrants were found in sweltering conditions inside a semitruck in San Antonio on Monday after an employee at a nearby building heard cries for help. See also Deadly Migrant Smuggling Case in Texas Raises Border Policy Concerns.
Ending a Decade-Long Decline, More Mexicans Are Migrating to U.S.
NYT: After declining for more than a decade, the number of Mexicans seeking to migrate to the United States is surging. Since 2020, a combination of growing violence across Mexico and a worsening economy has led to the first jump in Mexican migration in a decade.
Growing Numbers of Children Try To Enter the U.S.
TRAC: New data obtained by TRAC from U.S. Border Patrol (BP) reveals a detailed portrait of the enormous growth in children encountered by BP officers at the US-Mexico border over the past fifteen years. Since FY 2008 there has been a seventeen-fold rise in the numbers of BP apprehensions who are unaccompanied children. See also “No Place for A Child”: In cells built for adults, one-third are child migrants.
White House Reviewing Immigration Fee Changes
Law360: The White House is reviewing upcoming changes to the fees U.S. Citizenship and Immigration Services charges immigrants seeking citizenship and other immigration benefits, with an eye to releasing the proposal in September for public feedback.
Biden’s pick for ICE director withdraws nomination
Politico: The nomination of Ed Gonzalez, the sheriff of Harris County, Texas, has long been doomed, as multiple Democrats remained undecided.
Immigration judge hired during Trump era accuses Biden admin of ousting conservative appointees
Fox: Matthew O’Brien, who was appointed in 2020 as an immigration judge, is a former research director at the Federation for American Immigration Reform (FAIR), a group that calls for lower levels of immigration overall and stricter border policies.
Ellis Island immigrants weren’t special — today’s newcomers succeed just as quickly
WaPo: Armed with the genealogists’ data, Boustan and Abramitzky have methodically dismantled the myths that have grown up around past generations and revealed some surprising truths. On the whole, immigrants struggle, fail, succeed and assimilate at similar rates. And the ones who assimilate fastest and whose children improve their lot the most are often the ones who faced the most contempt upon arrival.
California first to cover health care for all immigrants
AP: California on Thursday became the first state to guarantee free health care for all low-income immigrants living in the country illegally, a move that will provide coverage for an additional 764,000 people at an eventual cost of about $2.7 billion a year.
LITIGATION & AGENCY UPDATES
SCOTUSblog: The government’s rescission of Migrant Protection Protocols did not violate Section 1225 of the Immigration and Nationality Act, and the then-Secretary of Homeland Security’s Oct. 29 memoranda constituted valid final agency action.
USCIS: TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.
Matter of E-F-N-, Impeachment Evidence
BIA: An Immigration Judge may rely on impeachment evidence as part of a credibility determination where the evidence is probative and its admission is not fundamentally unfair, and the witness is given an opportunity to respond to that evidence during the proceedings.
2nd Circ. Reverses BIA On Dual Citizen Refugee Question
Law360: The Second Circuit held on Tuesday that a dual national asylum-seeker can qualify as a refugee by showing persecution in just one of their countries of nationality, reversing a lower tribunal’s decision.
CA3: For the reasons that follow, we hold that we have jurisdiction to review Barradas-Jacome’s legal argument in the first instance because DHS’s expedited removal procedures do not allow aliens to challenge the legal basis for their removal. We also hold that Barradas-Jacome’s state conviction [for receiving stolen property] is an aggravated felony under the Immigration and Nationality Act(INA), 8 U.S.C. § 1101(a)(43)(G). So we will deny his petition for review.
CA4 on Venue: Herrera-Alcala v. Garland
LexisNexis: During the video conference hearing, Herrera-Alcala was in the Fifth Circuit (Louisiana) and the Immigration Judge was in the Fourth Circuit (Virginia). … Venue under § 1252(b)(2) depends on the location of the Immigration Judge. And the Immigration Judge was in Falls Church, Virginia, making venue proper in the Fourth Circuit.”
Unpub. CA5 Niz-Chavez VacRem: Tamayo-Lara v. Garland
LexisNexis: We have recently concluded, however, that the BIA’s reading of Section 1229(a) in Matter of Pena-Mejia is “directly contrary to the Supreme Court’s interpretation of § 1229(a) in Niz-Chavez [v. Garland, 141 S. Ct. 1474 (2021),] which made clear that subsequent notices may not cure defects in an initial notice to appeal.” Rodriguez, 15 F.4th at 355. Thus, we conclude the NTA served on Tamayo-Lara failed to meet the notice requirements of Section 1229(a), and the BIA abused its discretion by failing to reopen Tamayo-Lara’s proceedings. We GRANT Tamayo-Lara’s petition, VACATE the BIA’s decision, and REMAND for further proceedings.”
CA6 on Stay of Removal: Rondon Antonio v. Garland
LexisNexis: Whether these issues satisfy the standard to grant Rondon Antonio’s petition is a question that goes to the ultimate merits which we do not address at this juncture. But his claim is far from frivolous and, in light of his strong showing of irreparable harm, his arguments present a sufficient likelihood of success to weigh in favor of granting a stay pending an appeal on the merits.
9th Circ. Says TPS Isn’t ‘Admission’ To US For Removal Relief
Law360: The Ninth Circuit ruled that an ex-temporary protected status holder does not qualify for deportation relief available to long-term residents, saying his receipt of the protected status wasn’t an “admission” to the U.S. that allowed him to begin accruing residency.
9th Circ. Says Salvadoran Ineligible For 2nd Deportation Relief
Law360: The Ninth Circuit affirmed a Board of Immigration Appeals decision rejecting a Salvadoran man’s second request for deportation relief, saying he was granted a cancellation of a removal order that rendered him ineligible for a second grant under another law.
Documents Relating to Flores v. Reno Settlement Agreement on Minors in Immigration Custody
AILA: The parties reached a settlement to resolve plaintiffs’ motion to enforce, agreeing on standards for medical and physical care as well as legal and educational services the government must provide children held in emergency intake sites (EISs). (Flores, et al. v. Garland, et al., 6/22/22)
Judge says NYC can’t let noncitizens vote in city elections
AP: Immigrant rights advocates decried the ruling and were looking ahead to a potential appeal…More than a dozen communities across the United States allow noncitizens to cast ballots in local elections, including 11 towns in Maryland and two in Vermont. In San Francisco, noncitizens can vote in school board races; New York City allowed the same for three decades, until its school board was disbanded in 2002. Meanwhile, Alabama, Colorado and Florida have in recent years adopted rules that would preempt any attempts to pass laws like the one in New York City. Arizona and North Dakota already had prohibitions on the books.
White House Releases Memo Extending and Expanding Eligibility for DED for Liberians
AILA: The White House announced the grant of DED and employment authorization through 6/30/24 for Liberian DED beneficiaries as of 6/30/22, and Liberian nationals who have been continuously present in the U.S. since 5/20/17. (87 FR 38871, 6/29/22)
RESOURCES
- AILA: Resources for Assisting Afghan Clients
- AILA: Take Action: Comment on USCIS’s Temporary Increase of the Automatic Extension Period for Certain EADs
- Hold CBP Accountable – Website Updated (summary by AILA)
- CLINIC: Practice Advisory on VAWA Self Petition Policy Updates
- CLINIC: Texas Judge Vacates Mayorkas Enforcement Priorities Memo
- ILRC: Identifying Issues for a BIA Appeal
- ILRC: Advocating for and Representing Clients with Mental Illness in Detained Immigration Removal Proceedings
- IRAP: Practice Advisory: USCIS’s New Refugee-Asylee Informal Marriage Guidance
- NIPNLG: Practice Advisory: Understanding and Overcoming Bars to Relief Triggered by a Prior Removal Order
- USCIS: When to Contact a USCIS Lockbox
EVENTS
- 7/6/22-7/27/22 Webinar Series: Overview of Removal Proceedings and Orders of Removal
- 7/12/22 Making a Good Impression on the Reviewing Officers: Practical Tips from Former USCIS and DOS Officials
- 7/13/22 CGRS Using Universal Expert Declaration in Immigration Court
- 7/14/22 Death of a Petitioner or Beneficiary: Options for Surviving Relatives
- 7/14/22 USCIS Engagement: Ukraine Temporary Protected Status Designation
- 7/15/22 A Guide to Post-Traumatic Stress Disorder (PTSD) for Advocates: How to Effectively Address PTSD in Matters Involving Veterans and Others Affected by Trauma 2022
- 7/21/22 National Engagement on Form I-730 Refugee/Asylee Follow-to-Join Processing
- 7/21/22 PLI: Defending Immigration Removal Proceedings 2022
- 7/27/22 USCIS: An Overview of the T Visa, U Visa, and VAWA Self-Petition
- 7/27/22 Substance Use Disorders and Recovery 2022: Representing the Legal Services, Nonprofit, and Pro Bono Client
- 7/28/22 VAWA in 2022: Breaking Barriers and Finding Solutions for Relief
- 7/28/22 Intermediate/Advanced U Visa Topics
- 8/5/22-8/12/22 NITA-NIPNLG “Advocacy in Immigration Matters” Training
- 8/10/22-8/11/22 2022 AILA Paralegals Virtual Conference
- 8/16/22 Comprehensive Overview of Immigration Law (COIL)
- 8/16/22 The Child Status Protection Act: Strategies for Keeping the Family Intact
- 8/23/22 Preparing Solid Affidavits of Support: “Show Me the Money!”
- 8/23/22 Comprehensive Overview of Immigration Law (COIL)
- 8/30/22 Naturalization During the Pandemic: “It Was the Best of Times, It Was the Worst of Times”
- 8/31/22 What to Do When You Get a Decision from the Ninth Circuit
- 9/8/22 Post-Conviction Relief: “If I Could Turn Back Time!”
- 9/8/22 Trial Advocacy Skills – Working with Expert Witnesses in Asylum, Withholding of Removal, and Convention Against Torture Claims
- 9/13/22 PLI: Representing Children in Immigration Matters 2022: Effective Advocacy and Best Practices
- 9/14/22 Partial to Full Accreditation Initiative 2022
- 9/15/22 Advanced Mandamus Trends
- 9/20/22 Nonprofit and For-Profit Entity Intersection 2022: Achieving Charitable Goals Through Innovative and Nontraditional Mechanisms
- 9/21/22 Breaking Down the Record in a Ninth Circuit Petition for Review
- 9/22/22 Maximizing Second Chances: Filing Appeals, Motions, and Practicing before the BIA
- 9/29/22 Consular Processing Roundup for Families and Survivors
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Elizabeth Gibson (Pronouns: she/her/ella)
Managing Attorney for Capacity Building and Mentorship
National Immigrant Justice Center
A HEARTLAND ALLIANCE Program
224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.orgwww.immigrantjustice.org | Facebook | Twitter
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Thanks, Elizabeth!
🇺🇸 Due Process Forever!
PWS
07-07-22
