"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Elizabeth Gibson 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.
VOA: A U.S. State Department annual report highlighted concerns about continuing human rights abuses in Russia, China, Iran, Venezuela, Egypt and other authoritarian nations, as well as the impact the coronavirus pandemic has had on rights practices around the world.
Reuters: The 210,000 migrants arrested in March, a figure made public in a court filing on Friday night, is the highest monthly total on record since February 2000, according to U.S. Customs and Border Protection statistics dating back to 2000.
RAICES: On Monday, April 18th, 2022, immigrant legal services providers, advocates and community members will hold a press conference to announce the launch of the Harris County Immigrant Legal Services Fund (ILSF), which will provide free legal representation for immigrant members of the county who are detained and facing the threat of deportation. As of February 2022, Harris County had the most residents with pending immigration court cases in the country.
CNN: While immigration advocates celebrated the decision to reverse Title 42, many moderate Democrats have sounded the alarm warning that lifting the policy without an adequate plan in place will lead to a rapid influx of migrants at the Southern border, something that Republicans will be quick to seize on the campaign trail.
AP: The bill was filed after Wyandotte County passed a “sanctuary” ordinance in February that would provide local identification cards for immigrants and other residents and would prevent local law enforcement from helping the federal government enforce immigration laws unless public safety is threatened. Lawrence and Roeland Park have similar ordinances.
Law360: A federal watchdog rebuked U.S. Immigration and Customs Enforcement for an $87 million no-bid contract to house migrant families in hotels, saying the agency hadn’t justified directly awarding the deal to a nonprofit inexperienced in emergency family residential services.
Denver Gazette: The Cuban government has not been accepting deportations of Cuban nationals from the U.S. for more than six months, at a time when tens of thousands are leaving the island to reach the U.S. in the largest exodus since the 1980s Mariel boatlift.
WTTW: An expanded class of low-income workers will permanently get a larger tax break via the Earned Income Tax Credit, and that benefit will be extended to those who file taxes with an Individual Taxpayer Identification Number (ITIN), something that Rep. Aaron Ortiz, D-Chicago, said is important to many immigrants who play an important role in the state’s economy. Illinois is allocating $70 million for healthcare for undocumented immigrants. See also Illinois launches health care coverage for older immigrant adults aged 55 to 64.
Law360: The Fourth Circuit refused to award attorney fees to a man who convinced the full appeals court that the federal government had arbitrarily rejected him for special immigrant juvenile status, saying the U.S. was justified in fighting the suit.
Law360: The Seventh Circuit seemed unconvinced Wednesday that it should unsettle the dust in a dispute over a Trump-era public charge rule that the Biden administration has already begun redrafting by letting a group of Republican-led states enter the fray.
Law360: U.S. Citizenship and Immigration Services will grant naturalization requests made by two immigrant veterans after federal courts refused to toss the soldiers’ lawsuits alleging the agency unfairly disqualified them from expedited processing of their citizenship bids.
Law360: A D.C. federal court has denied the U.S. Department of Homeland Security’s bid to block inspections of detention facilities that immigration advocates say are denying inmates access to counsel, but the government did get its choice of monitor for the probe.
Law360: Eighteen additional states on Thursday signed on to a lawsuit started by Arizona, Louisiana and Missouri to challenge the Biden administration’s decision to wind down a pandemic-related order known as Title 42 that allows the quick expulsion of migrants arriving at U.S. land borders.
Hill: A coalition of immigrant rights groups filed a lawsuit Thursday seeking information from Immigrations and Customs Enforcement (ICE) about the agency’s Intensive Supervision Appearance Program (ISAP), a so- called alternative to detention program that has ballooned during the Biden administration.
NJ Monitor: Police do not have to — and should not — advise crime suspects that their cooperation could impact their immigration status, a New Jersey appeals court ruled Friday.
USCIS: Today, the Department of Homeland Security (DHS) announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS.
DHS: The key program areas include: Applying for naturalization; Accessing humanitarian protection during immigration processing
Bidding on DHS contracts; Countering all forms of terrorism and targeted violence; Filing complaints and seeking redress in DHS programs and activities; Airport screening; Accessing Trusted Traveler Programs.
AILA: USCIS announced that its website will now feature a Lockbox Filing Location Updates page, where customers can track when lockbox form filing locations are updated. Updates will also be emailed and announced on social media.
EOIR: Since April 2021, Judge Cheng has served as the Regional Deputy Chief Immigration Judge for the Eastern Region at EOIR. She previously served as a Deputy Chief Immigration Judge from 2017 to 2021, and she was the Acting Principal Deputy Chief Immigration Judge from August 2020 to February 2021. Judge Cheng has also served in the New York Immigration Court both as an Assistant Chief Immigration Judge from 2015 to 2017, and as an Immigration Judge from 2009 to 2015. Before joining EOIR, she served as Assistant Chief Counsel for the Department of Homeland Security, Immigration and Customs Enforcement, from 2002 to 2009; and before that, she practiced immigration law in New York from 2000 to 2002.
AILA: EOIR announced the appointment of Beth Liebmann as a member of BIA by Attorney General Merrick B. Garland. Biographical information for Liebmann has been provided.
BIA: Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft, or an assault under Texas Penal Code § 30.02(a)(3) necessarily supersedes or implicitly contains generic burglary’s intent element, which requires an “intent to commit a crime” upon entry into a building or habitation. Due Date: May 3, 2022
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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.org
The latest guidelines of ICE are welcomed by the American Immigration Lawyers Association (AILA). The memo will allow prosecutors to resolve cases immediately. It will help in reducing the backlog in immigration court proceedings. Thousands of people are waiting in line for years to get asylum or a green card. The Doyle Memorandum offers clear guidelines for prosecutors.
In the past, ICE Prosecutors have not always closely adhered to PD memos issued by OPLA. In addition, federal courts have, at times, intervened and enjoined prosecutorial discretion policies by ICE.
But one thing is clear. With nearly 1.7 million cases currently pending in immigration courts and the Board of Immigration Appeals, let’s hope that ICE Prosecutors will “do justice,” conserve scarce administrative resources best used against high priority cases, and remove low priority cases from the deportation process. This will not only make the U.S. a more safe and equitable nation, but will help keep peaceful and hardworking families together.
On May 12, 2022, ICE Principal Legal Advisor Kerry Doyle and ICE Detroit Chief Counsel Tara Harris will hold a community meeting with interested legal services providers, non-governmental organizations (NGOs), and community stakeholders who work with immigrant communities in Michigan and Ohio.
This meeting presents a unique opportunity to hear directly from PLA Doyle on her recently issued guidance to ICE attorneys on enforcing the civil immigration laws and prosecutorial discretion. It is anticipated that specific guidance on process will be provided.
For more information on how to submit a request for PD, please see the ICE Website.
Richard Herman is a nationally renowned immigration lawyer, author, and activist. He has dedicated his life to advocating for immigrants and helping change the conversation on immigration. He is the founder of the Herman Legal Group, an immigration law firm launched in 1995 and recognized in U.S. World News & Report’s “Best Law Firms in America.” He is the co-author of the acclaimed book, Immigrant, Inc. Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard’s poignant commentary has been sought out by many national media outlets, including The New York Times, USA Today, BusinessWeek, Forbes, FOX News (The O’Reilly Factor), National Public Radio, Inc., National Lawyers Weekly, PC World, Computerworld, CIO, TechCrunch, Washington Times, San Francisco Chronicle and InformationWeek. He serves as counsel to the Consulate of Mexico, Michigan/Northern Ohio.
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Read the rest of Richard’s outstanding and very informative analysis at the link.
It’s critical that Immigration Judges and the BIA take an active role in “encouraging and motivating” parties to maximize the use of PD. One possible tool is proactively closing certain types of cases without waiting for motions.
Either party that wants the case back on the docket can, of course, make a motion to redocket. Based on my experience with several past similar programs at the BIA, I anticipate that such motions would be relatively rare. Moreover, I would be reluctant to “redocket” a case without a joint agreement from the parties that it will be resolved in a “short hearing,” or a compelling reason to proceed in Immigration Court (e.g., the respondent failed to apply, committed a crime, or was denied TPS).
It’s going to take teamwork, cooperation, and creative thinking among the parties and the courts to get dockets back in shape so that Immigration Judges can do their jobs in something “approaching real time.”
PD could be the key to success; or, it could become just another in the long line of things that looked good on paper but never achieved full potential. Time, and the efforts of all parties concerned to solve the problem in the most constructive and practical ways possible, will tell.
