THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
TOP UPDATES
Trump’s ‘Remain in Mexico’ Policy Can Continue, the Ninth Circuit Rules
Lawfare: On May 7, the Ninth Circuit stayed an injunction against the Trump administration’s “Remain in Mexico” policy. That policy, officially called the Migrant Protection Protocols (MPP), requires the return of certain migrants to Mexico pending a full immigration court hearing.
More Immigrants Are Giving Up Court Fights and Leaving the U.S.
Marshall Project: Last year, voluntary departure applications reached a seven-year high of 29,818 applications. In the Atlanta court, which hears cases of Irwin detainees like Zamarrón, the applications grew nearly seven times from 2016 to 2018.
De Blasio Defends Expanded Cooperation With ICE For ‘Serious Crimes’
Gothamist: Under a local law, the police and jails will already cooperate with ICE if they’ve detained someone convicted of any these 170 violent crimes. De Blasio said it’s appropriate to add seven more to that list because of state legislation since the 2014 law went into effect.
ICE announces program to allow local law enforcement to make immigration arrests
The Hill: Immigration and Customs Enforcement (ICE) on Monday announced a new program that would allow local law enforcement officers to start arresting and temporarily detaining immigrants on behalf of the agency, even if established local policies prevent them from doing so.
WaPo: The Trump administration has sent new guidelines to asylum officers, directing them to take a more skeptical and confrontational approach during interviews with migrants seeking refuge in the United States. It is the latest measure aimed at tightening the nation’s legal “loopholes” that Homeland Security officials blame for a spike in border crossings.
HUD Says Its Proposed Limit on Public Housing Aid Could Displace 55,000 Children
NYT: Thousands of legal residents and citizens, including 55,000 children who are in the country legally, could be displaced under a proposed rule intended to prevent undocumented immigrants from receiving federal housing assistance, according to the Department of Housing and Urban Development.
Pentagon Shifts $1.5 Billion to Border Wall From Afghan War Budget and Other Military Projects
NYT: The acting defense secretary, Patrick Shanahan, notified Congress on Friday that he intended to shift $1.5 billion that had been designated for the war in Afghanistan and other projects to help pay for work on President Trump’s border wall. See also Shanahan says military won’t leave until border is secure.
White House launches new uphill bid to overhaul immigration
AP: Though similar efforts have failed to garner anywhere near the support necessary, Trump hopefully invited a dozen Republican senators to the White House to preview the plan, which was spearheaded by senior adviser and presidential son-in-law Jared Kushner. See also White House may include mandatory E-Verify in immigration proposal.
Fact-checking the Trump administration’s immigration fact sheet
WaPo: The five-page document, released this month, attempts to debunk 18 claims about immigration to the United States. In some cases, it seems more as though EOIR officials are misusing the fact-checking format to make a point about issues that no one is mischaracterizing. See also HRF Notice of Rejection of EOIR Factsheet (attached).
Trump administration makes a mockery of asylum system
The Hill: The Trump administration has been contemptuous of refugees and asylum seekers from its earliest days. In recent weeks, as White House adviser Stephen Miller has reportedly exerted greater influence in the White House, we have witnessed a dismantling of protections our country has held dear for decades.
Border detention cells in Texas are so overcrowded that U.S. is using aircraft to move migrants
WaPo: Overcrowding at Border Patrol stations in South Texas has become so acute in recent days that U.S. authorities have taken the rare step of using aircraft to relocate migrants to other areas of the border simply to begin processing them, according to three Homeland Security officials. See also Inside Texas’ New Migrant Tent Facility.
Pediatrician Who Treated Immigrant Children Describes Pattern of Lapses in Medical Care in Shelters
ProPublica: How prepared is the Trump administration for an influx of unaccompanied minors at the border? A new complaint shows shelters in New Jersey were already failing to respond when kids got hurt or sick.
Feds in Southern Arizona turn attention to family fraud at border
Tuscon: Last week, the Border Patrol’s Yuma Sector reported more than 700 fraudulent family claims since October. Homeland Security Investigations sent a team of special agents to Yuma in late April to investigate those claims. See also ICE Reallocates Resources to Investigate Use of Fraudulent Documents at Southwest Border.
Who Killed Claudia Gomez?
Marie Claire: A year ago this month, a 20-year-old Guatemalan woman seeking opportunity in the U.S. was shot dead by a Border Patrol agent in Texas. A video of the killing went viral on Facebook and spurred a media outcry, yet neither the agent’s name nor why he opened fire has ever been made public. In the first of our series on women and migration, we ask, will her family ever get justice?
How Has Immigration Changed in the Last 100 Years?
AIC: 21st century immigrants tend to be more educated, have a more diverse range of skills, and know more English than those in previous generations.
Federal Court Stops USCIS Policy Harmful to Students and Exchange Visitors
AIC: The policy could radically changed how the agency determines when a foreign student or exchange visitor is “unlawfully present” in the United States.
She Stopped to Help Migrants on a Texas Highway. Moments Later, She Was Arrested.
NYT: As the Trump administration moves on multiple fronts to shut down illegal border crossings, it has also stepped up punitive measures targeting private citizens who provide compassionate help to migrants — “good Samaritan” aid that is often intended to save lives along a border that runs through hundreds of miles of remote terrain that can be brutally unforgiving.
Democrats ask federal watchdog to examine ‘unprecedented’ immigration backlog
WaPo: More than 80 Democratic members of Congress have asked the Government Accountability Office to conduct an investigation into the “record-breaking” backlog of immigration cases pending under the Trump administration.
Mayor de Blasio Unveils NYC Care Card, Details Progress Toward Launch of Guaranteed Health Care
NYC: When NYC Care launches in the Bronx on August 1, residents will be able to use their NYC Care Card to receive their own doctor, get preventative screenings and tests, and connect to a 24/7 service to help make appointments. An estimated 300,000 New Yorkers are currently ineligible for health insurance, including people who can’t afford insurance and undocumented immigrants, and will be able to enroll in NYC Care.
Trump taps Mark Morgan, former Obama official who supports border wall, to head ICE
WaPo: At DHS, Morgan is viewed as a capable and hard-charging law enforcement official, but he was widely resented during his Border Patrol tenure by the agency’s senior officials and union chief Brandon Judd.
LITIGATION/CASELAW/RULES/MEMOS
As Trump continues to push deportations, a fight over data goes to court
LA Times: The class-action lawsuit, which represents broad categories of people who have been or will be subjected to detainers, alleges the databases that agents consult are so badly flawed by incomplete and inaccurate information that ICE officers should not be allowed to rely on them as the sole basis for keeping someone in custody.
Post Acosta BIA Decision (attached)
Listservs: The government argued that, because the client’s convictions were on appeal pursuant to a late filed notice of appeal – that per Acosta we needed to rebut the finality presumption by providing evidence that the client’s appeal related to the merits or a ‘substantive defect’ in the proceedings. We provided an affidavit from the criminal appeal attorney stating that she “expected to challenge the client’s case on the merits”. At the BIA, we argued that a NY late-filed notice of appeal is essentially a direct appeal because under NY Criminal Procedure – it becomes a direct appeal once it is granted. We also argued that even if it wasn’t a direct appeal, we had rebutted the presumption of finality with our affidavit from the criminal appeal attorney. The BIA punted on the first issue and decided that the presumption of finality had been rebutted sufficiently in this case.
Court rules immigrants can be deported for marijuana crime
AP: A federal appeals court has ruled that California’s legalization of marijuana doesn’t protect immigrants from deportation if they were convicted of pot crimes before voters approved the new law in 2016.
Justice Department’s Four-Year Effort To Strip Citizenship From Kansas Man Flops In Federal Court
Intercept: In a 17-page order, U.S. District Judge Carlos Murguia of the District of Kansas wrote that the federal government failed to meet the high burden of proof required to strip citizenship. “The overriding issue with plaintiff’s case is a lack of reliable, clear, unequivocal, and convincing evidence about what happened during defendant’s immigration-related interviews and what information was material to the interviewers,” Murguia wrote.
Presidential Proclamation 9880 Extending Proclamation 9822 for 90 Days
President Trump issued a proclamation extending the suspension and limitation from Proclamation 9822 for an additional 90 days, which would begin running if the injunction against the interim final rule at 83 FR 55934 were to be lifted. (84 FR 21229, 5/13/19) AILA Doc. No. 19051300
USCIS notice that DHS will not terminate TPS for Honduras or Nepal pending final disposition of the appeal in Ramos v. Nielsen. The notice further announces that DHS is extending the validity of TPS-related documentation for Nepalese TPS beneficiaries through 3/24/20. (84 FR 20647, 5/10/19) AILA Doc. No. 19051033
DHS final rule exempting portions of the “DHS/ICE–007 Criminal History and Immigration Verification (CHIVe)” System of Records from one or more provisions of the Privacy Act. The final rule is effective 5/9/19. (84 FR 20240, 5/9/19) AILA Doc. No. 19051034
HUD Proposed Rule on Verification of Immigration Status of Recipients of Public Housing Assistance
Department of Housing and Urban Development (HUD) proposed rule which would require the verification of the eligible immigration status of all recipients of assistance under HUD’s public housing programs who are under the age of 62. Comments are due 7/9/19. (84 FR 20589, 5/10/19) AILA Doc. No. 19051030
USCIS Updates Policy Manual Guidance Regarding Services USCIS Provides to the Public
USCIS issued PA-2019-03, updating policy guidance in the USCIS Policy Manual regarding services USCIS provides to the public, including general administration of certain immigration benefits, online tools, and up-to-date information. Guidance is effective immediately and comments are due by 5/24/19. AILA Doc. No. 19051031
EOIR 60-Day Notice and Request for Comments on Form EOIR-26
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. Comments are due 7/8/19. (84 FR 19960, 5/7/19) AILA Doc. No. 19050730
DOS Final Rule on Requests for Waivers of Inadmissibility
DOS final rule modifying the non-statutory requirement for consular officers to refer §212(d)(3)(A)(i) waiver requests to the Department of State for consideration based on an applicant’s request by limiting the requirement to certain specified circumstances. Effective 5/6/19. (84 FR 19712, 5/6/19) AILA Doc. No. 19050601
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form N-648
USCIS 60-day notice and request for comments on proposed revisions to Form N-648, Medical Certification for Disability Exceptions. Comments are due 6/25/19. (84 FR 17870, 4/26/19) AILA Doc. No. 19050632
RESOURCES
- CBP Releases Officer’s Reference Tool Documents
- ICE Issues Guidance on Investigating the Potential U.S. Citizenship of Individuals Encountered by ICE
- Eight Key U.S. Immigration Policy Issues: State of Play and Unanswered Questions
- Immigration-Related Policy Changes in the First Two Years of the Trump Administration
- Self-Deportation Nation
EVENTS
- 5/13/19 ACS New York: “Twelve Patients: Life and Death at Bellevue Hospital” with Eric Manheimer
- 5/15/19 Federal Court Litigation Section Call (5/15/19)
- 5/21/19 Admissibility, Revocation, and Public Health: “Risky” Business
- 5/21/19 The Pseudoscience of Xenophobia: Eugenics and Immigration in America
- 5/30/19 Understanding Denaturalization and its Impact on Your Clients
- 6/2/19 Introduction to Immigration Law Practice: A Course for New Practitioners
- 6/17/19 2019 AILA/GMS Annual Global Immigration Forum
- 6/19/19 teach-in on the idea of universal representation in immigration proceedings
- 7/2/19 Introduction to Immigration Law Practice: A Course for New Practitioners
- 8/4/19 Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issue Dominating Our National Dialogue
ImmProf
Monday, May 13, 2019
- New study confirms well-established findings that there is no connection between crime and undocumented immigration
- Mandatory E-Verify to be Proposed by Trump Administration?
Sunday, May 12, 2019
- From the Bookshelves: Last Boat Out of Shanghai by Helen Zia
- Happy Mother’s Day!
- Democrats ask federal watchdog to examine ‘unprecedented’ immigration backlog
- From the Bookshelves: Ghosts of Gold Mountain: The Epic Story of the Chinese Who Built the Transcontinental Railroad by Gordon H. Chang
Saturday, May 11, 2019
Friday, May 10, 2019
Thursday, May 9, 2019
- Where the Nation’s Foreign-Born Live Has Changed Over Time
- Notes from the AALS Clinical Conference
- Is History Repeating Itself? Eugenics, Anti-Immigration Laws Of The Past Still Resonate Today
- Trump jokes after rally attendee’s suggestion to ‘shoot’ migrants at the border
- More Immigrants Are Giving Up Court Fights and Leaving the U.S.
Wednesday, May 8, 2019
- “Myths vs. Facts” Document from EOIR: A Teaching Goldmine
- White House releases immigration plan, little hope for a comprehensive deal without north star
- Trump Administration Issues New, Get Tough Guidelines for Asylum Officers
- Ninth Circuit Stays Injunction of Migrant Protection Protocol
Tuesday, May 7, 2019
- New Tent City for Incoming Migrants in Donna, Texas
- In Two Reports, MPI Sketches Immigration Policy Areas That Merit Review & Changes That Have Occurred Under Trump Administration
- The Economic Costs of the US-Mexico Border Slowdown
- From the Bookshelves: The Border and Its Bodies: The Embodiment of Risk Along the U.S.-México Line by Thomas E. Sheridan and Randall H. McGuire, editors
- Immigration Exceptionalism for Nick Parillo’s ACUS Report on Guidance
- President Nominates New ICE Director
Monday, May 6, 2019
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There is plenty of stuff about our evil, immoral, scofflaw Administration in this edition of Elizabeth’s report that ought to make us sick to our collective stomachs.
I strongly recommend that you read my choice for “Article of the Week” — “Trump Administration makes a mockery of our asylum system” in The Hill, written by my friends Anna Gallagher and Victoria Nielson of CLINIC. Here’s an excerpt:
For an administration that claims to believe in the rule of law, it has shown little interest in following domestic and international asylum law. If Border Patrol agents are willing to slam the door on asylum seekers, where asylum officers would not, the administration may win political points with its base. In the end, the United States loses, as our executive branch simply stops following laws it doesn’t like. As the number of displaced persons around the world rises to its highest levels since World War II, if the United States finds ways to sidestep its obligations under international law, other countries will do the same. With each new affront to our moral obligations as a nation, the “lamp beside the golden door” held high by the Statue of Liberty fades towards darkness.
Anna Gallagher is the executive director of the Catholic Legal Immigration Network, Inc.
Victoria Neilson is managing attorney in CLINIC’s Defending Vulnerable Populations Program.
PWS
05-16-19