Changes to Asylum Interview Scheduling

TOP UPDATES

Changes to Asylum Interview Scheduling

USCIS: seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization.

USCIS will follow these priorities when scheduling affirmative asylum interviews:

1.Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;

2.Applications pending 21 days or less since filing; and

3.All other pending applications, starting with newer filings and working back toward older filings.

Additionally, the Affirmative Asylum Bulletin issued by USCIS has been discontinued.

Note: When this policy has trapped pending cases in an infinite backlog in the past, mandamus actions were often used to get cases scheduled

• AILA: FAQs on Changes to the Asylum Office Affirmative Scheduling System

ICE is about to start tracking license plates across the US

The Verge: The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according toa contract finalized earlier this month. The system gives the agency access to billions of license plate records and new powers of real-time location tracking, raising significant concerns from civil libertarians.

Extension of Syrian TPS

USCIS: Secretary Nielsen determined that the ongoing armed conflict and extraordinary conditions that support Syria’s designation for TPS continue to exist. Therefore, pursuant to the statute she has extended Syria’s TPS designation for 18 months.

ICE Releases Directive on Civil Immigration Enforcement Actions Inside Courthouses

ICE publishes its policy on civil immigration enforcement actions inside federal, state, and local courthouses, stating that this activity is “wholly consistent with longstanding law enforcement practices, nationwide…. often necessitated by the unwillingness of jurisdictions to cooperate with ICE….” AILA Doc. No. 18013140.

ICE Provides FAQs on Courthouse Arrests Policy

NYSBA passed a resolutioncalling on the federal government to add state courthouses to its list of sensitive locations and on Congress to codify and expand the sensitive locations policy. See attached.

Immigration Legislation Attempts

Bipartisan immigration bill surfaces [today], Trump knocks it down

NPR CHART: How Trump's Immigration Proposal Compares With Other Plans

Full text of President Donald Trump's State of the Union address

Article: Trump’s Path to Citizenship for 1.8 Million Will Leave Out Nearly Half of All Dreamers

Breakdown of Public Opinion on Immigration Proposals

Millennials across racial and ethnic lines overwhelmingly support citizenship for those who meet DACA’s eligibility requirements

CNN Chart: Immigration backlash is coming from places least touched by immigration

DHS Announces Additional Security Procedures for Refugees Seeking Resettlement in the U.S.

DHS announced additional security enhancements and recommendations for the U.S. Refugee Admissions Program (USRAP), including additional screening for certain nationals from high-risk countries, administering the USRAP in a more “risk-based manner,” and periodic review. AILA Doc. No. 18013001

LITIGATION/CASELAW

Judge Orders Immediate Release of an Immigrant Rights Activist

The District Court of the Southern District of New York granted a petition for habeas corpus and ordered that the petitioner be immediately released from custody so that he can say goodbye prior to removal. (Ragbir v. Sessions, 1/29/18). AILA Doc. No. 18020137

BIA Narrows Definition of “Admitted In Any Status” for Cancellation of Removal Purposes

The BIA held that, outside the Fifth and Ninth Circuits, to establish continuous residence after having been “admitted in any status” for cancellation of removal, an individual must be admitted in lawful immigration status.Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018). AILA Doc. No. 18013031

BIA Orders Respondent Detained without Bond Due to DUIs

The BIA vacated the IJ’s decision to set a $25,000 bond and ordered detention without bond, after finding that the respondent did not meet his burden to show that he was not a danger to the community due to multiple convictions for DUIs.Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018). AILA Doc. No. 18020239

BIA Holds Leaving Scene of Accident Not a CIMT

Unpublished BIA decision holds that leaving the scene of an accident under Cal. Veh. Code 20001(a) is not a CIMT because it criminalizes mere failure to provide all forms of identification. Special thanks to IRAC. (Matter of Khan, 4/26/17) AILA Doc. No. 18020203

BIA Finds Possession of Cocaine with Intent to Manufacture or Deliver Not an Aggravated Felony

Unpublished BIA decision holds possession of cocaine with intent to manufacture or deliver under Fla. Stat. 893.13 is not an aggravated felony because neither offense requires unlawful trading or dealing. Special thanks to IRAC. (Matter of Christie, 4/26/17). AILA Doc. No. 18013042

CA1 Upholds Denial of Asylum Due to Failure to Show Membership in a Cognizable Social Group

The court denied the petition for review, finding that the petitioner’s proffered social group was insufficiently particular and also failed the social distinctiveness requirement. (Perez-Rabanales v. Sessions, 1/26/18). AILA Doc. No. 18013135

CA3 Holds That a Conviction for Georgia Forgery Is an Aggravated Felony

The court denied the petitions for review, holding that a conviction under Georgia’s forgery statute constitutes an offense “relating to” forgery that falls under INA §101(a)(43)(R), making the petitioner subject to removal as an aggravated felon. (Williams v. Att’y Gen., 1/19/18). AILA Doc. No. 18013132

CA5 Holds That Petitioner’s PTSD Did Not Have to Be Considered in Determining His Credibility

The court denied the petition for review, holding thatMatter of J-R-R-A-did not apply despite the petitioner’s PTSD diagnosis and deferring to the determinations of the IJ and the BIA that his testimony was not credible. (Singh v. Sessions, 1/23/18). AILA Doc. No. 18013134

CA7 Upholds Decision That Petitioner from Kyrgyzstan Did Not Prove Eligibility for Asylum

The court denied the petition for review, holding that the IJ and the BIA did not err in concluding that the petitioner’s persecution was not connected to membership in a particular social group of persons associated with a particular political family. (Zhakypbaev v. Sessions, 1/26/18). AILA Doc. No. 18020134

CA7 Holds That IJ and BIA Did Not Err in Applying “Substantial Risk of Torture” Standard for Eligibility for CAT Relief

The court denied the petition for review, finding that in asking whether the petitioner faced a “substantial risk of torture,” the IJ and the BIA did not misunderstand the burden an individual faces when seeking relief under the Convention Against Torture. (Perez-Montes v. Sessions, 1/24/18). AILA Doc. No. 18020132

CA9 Finds No Right to Court-Appointed Counsel for Minors in Immigration Proceedings

The court denied the petition for review, holding that there is no categorical right to court-appointed counsel at government expense for minors in immigration proceedings, under either the Due Process Clause or the INA. (C.J.L.G. v. Sessions, 1/29/18). AILA Doc. No. 18013036

CA9 Holds That California Carjacking Is Not a Crime of Violence

The court held that a conviction for carjacking under California Penal Code §215(a) is not a crime of violence under INA §101(a)(43)(F), but remanded to the BIA on the issue of whether the petitioner’s conviction was a theft offense under §101(a)(43)(G). (Solorio-Ruiz v. Sessions, 1/29/18). AILA Doc. No. 18020135

CA11 Holds Battery of a Child Under Fla. Stat. §784.085 to Be a Crime of Child Abuse and a CIMT

The court held that a battery of a child conviction under Florida Statute §784.085 is categorically a crime of child abuse and a crime involving moral turpitude (CIMT). (Pierre v. Attorney General, 1/18/18). AILA Doc. No. 18020260

Texas and Other States File Amicus Brief Challenging Injunction Against DACA Rescission

Texas and several other states filed an amicus brief with the Supreme Court arguing that the Court should reverse the district court’s 1/9/18 order enjoining the rescission of the DACA program. (DHS v. Regents of the University of California, 1/25/18) AILA Doc. No. 17091102

ACTIONS

AILA:Call for Examples: ICE Notices of Inspection (NOI) Issuance to Employers

AILA:Sign-On Letter to Secretary Nielsen Opposing Family Separation Proposal

RESOURCES

EOIR Fact Sheet on Observing Immigration Court Hearings

CLINIC & Tahirih:Discussion of EOIR's Revised Guidance on Immigration Court Cases Involving Juveniles

AILA:Bite-Sized Ethics: Desperate Clients, Enforcement Priorities, and Asylum

AILA:FAQs on Changes to the Asylum Office Affirmative Scheduling System

AILA:Upcoming Congressional Hearings on Immigration

AILA:Deaths at Adult Detention Centers

Free CivicsClasses For Green Card Holders At The New-York Historical Society

AIC:Recording of Taking Stock and Looking Ahead: One Year of Immigration Enforcement and Detention Under Trump

AIC:Summary of Executive Order “Enhancing Public Safety in the Interior of the United States”

AIC:Summary of Executive Order “Border Security and Immigration Enforcement Improvements”

NIJC:The Trump Administration’s Deadline Bid to Expand Immigration Detention

NIJC:“Report: ‘What kind of miracle…’ The Systematic Violation of Immigrants’ Right to Counsel at the Cibola County Correctional Center”

Protecting the Rights of DACA Recipients as Persons Residing Under Color of law in New York, - (Immigration and Citizenship Law)

Twenty Years After IIRIRA: The Rise of Immigrant Detention and Its Effects on Latinx Communities Across the Nation

HRF:Trump’s Immigration Wishlist Risks Running Afoul of U.S. Treaty Obligations

EVENTS

2/5/18NY AILA CLE Deep-Screening for Immigration Relief post-DACA and TPS

2/7/17Justice Campaign and Stand With Immigrants Presents Free Immigration Detention Webinar

2/8/18Basic Immigration Law 2018

2/8/182 CREDIT CLE: Immigration Law-Hot Topics & Survey For The General Practitioners

2/9/18Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Immigration Relief 2018

2/11/18Comedy Benefit for Immigrant & Refuge Rights

2/13/18Pointers for Success at Points of Entry on the Northern Border

2/17/18Real People. Real Lives. Women Immigrants of New York at Queens Museum

2/18/18Black History Month 2018 Race and Immigration Film Series

2/23/182018 Immigration and Asylum Law Conference (Federal Bar Association and New York Law School)

2/26/18New Sanctuary Coalition ACCOMPANIMENT TRAINING John Bowne H.S.

2/27/18Non-Court Removal Orders: Expedited, Stipulated, Reinstated, Oh My!

03/14/18Reopening Cases for Justice: Basic Rules and Advanced Strategies for Motions to Reopen in Immigration Cases

4/12/18AILA 2018 Removal Defense Conference and Webcast

4/30/18Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)

6/20/18Leadership and Advocacy Training (LAT)intended for emerging advocates from Southeast Asian American and ally communities to learn how to advocate effectively for policy change -Apply by February 28

7/26/18Defending Immigration Removal Proceedings 2018

ImmProf

Sunday, February 4, 2018

High-skilled Indian workers rally for Trump’s merit-based immigration plan

Wanted in the USA - Tourists: Businesses Want to Combat the “Trump Slump” and Get Tourists and Students Traveling to America Again

Rising State and Local Resistance to Cooperation with Federal Immigration Enforcement Efforts

Saturday, February 3, 2018

Leveraging The Power of Student Groups

Friday, February 2, 2018

Immigration Scholar is the New Dean of Duke Law

Resources for Undocumented College Students

One Refugee Story: Law Professor Lan Cao Flees Vietnam

How Immigration Became So Controversial

Raquel Aldana: Debunking 3 myths behind ‘chain migration’ and ‘low-skilled’ immigrants

Death on the Border: Trump Border Patrol Crackdown Shines Light On Rising Number Of Migrant Deaths

Thursday, February 1, 2018

2018 Vilcek Prizes Celebrate Immigrant Contributions to U.S.

ICE on Fire: ICEman Attacks "Clean" DACA Bill, Praises President Trump

More Immigration Stories Coming on Television

Secretary Of Homeland Security Kirstjen M. Nielsen Announcement On Temporary Protected Status For Syria

Ninth Circuit Immigrant Right to Counsel Decision

Immigration Article of the Day: Looking Past the Label: An Analysis of the Measures Underlying 'Sanctuary Cities' by James Rice

Wednesday, January 31, 2018

From the Bookshelves: Race, Criminal Justice and Migration Control

ICE Publishes Courthouse Enforcement Policy

Do Shithole Countries Produce Shithole Immigrants?

Immigration and the State of the Union

Wednesday, January 31, 2018

Sanctuary Cities Symposium

Tuesday, January 30, 2018

Fourth Amendment and the Border

Even if Trump makes the case for ‘amnesty’ in his State of the Union address, many Dreamers will still be left out

Today (Jan. 30) is Fred Korematsu Day!

Updating the B1, H2, Bricklayers Discussion

California Senator Kamala Harris to Bring DACA Recipient to Trump’s State of the Union Address

Immigration Article of the Day: Presidential Power To Protect Dreamers: Abusive or Proper? by Kevin J. Fandel

Monday, January 29, 2018

President Trump’s Immigration Proposal Holds DACA Recipients Hostage to Extreme Right’s “Wish List” of Immigration Restrictions

Federal Judge Orders Immediate Release of Immigrant Advocate, Decrying 'Cruel' Treatment by ICE

ICE is about to start tracking license plates across the US

Singer Songwriter Camila Cabello Gives a Shout Out to the DREAMers on the Grammys

AILA NEWS UPDATE

Daily Immigration News Clips – February 2, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 2, 2018

National

The ProgressiveWALLED IN: Immigration Detentions Are Way Up Under Trump
By James Goodman

ABC News RadioConflicting Feelings About 'Chain Migration' At State Of The Union

InsideHigherEdA Year of Travel Bans
By Elizabeth Redden

SplinterICE Deports Ohio Father Who Lived in the U.S. for 40 Years Even After House Committee Took Up His Case
By Rafi Schwartz

New York TimesOn Twitter, Trump Pressures Democrats to Bargain on DACA
By Eileen Sullivan

New York TimesWith DACA in Limbo, Teachers Protected by the Program Gird for the Worst
By Erica Green

Wall Street JournalTrump Is Willing to Walk From Immigration Talks if Democrats Don't Accept His Terms
By Laura Meckler, Kristina Peterson, and Siobhan Hughes

The HillGOP leader: Congress may settle for pared-down immigration deal
By Alexander Bolton

HuffPostTrump Implores Senate To Vote On Hardline Immigration Bill
By Matt Fuller

Bloomberg PoliticsSix Senators to Watch in the Debate Over Young Immigrants
By Sahil Kapur

PoliticoTrump on 'Dreamers' label: 'Don't fall into that trap'
By Cristiano Lima

NewsweekICE IMMIGRATION AGENTS DIRECTED TO GO AFTER UNDOCUMENTED IMMIGRANTS ATTENDING COURT
By Graham Lanktree

NBC NewsAs politicians feud over immigration, TV writers' rooms find a teaching moment
By Traci G. Lee

NewsweekTrump Endangers the American Dream for Gay Immigrants
By Adam Eli

Sports IllustratedAbdulai Bundu Wants You to Know the Price and Payoff of an Immigration Success Story
By Dan Greene

AxiosWhy Democrats have moved left on immigration
By Shane Savitsky

Talking Points MemoLULAC Officially Rejects Its Leader's Support For Trump Immigration Plan
By Alice Ollstein

Catholic News ServiceTrump immigration plan's impact on family 'deeply troubling,' says bishop

The Washington Post (Op-Ed)The mediocre conservative argument for a grand bargain on immigration
By Daniel W Drezner

Time (Op-Ed)Dreamers Are Americans Too
By Lorella Praeli

The Atlantic (Opinion)Why Immigration Divides
By Derek Thompson

American Prospect Longform (Opinion)The Two Sides of Immigration Policy
By John Judis

Local

San Antonio Express NewsDHS officials in San Antonio call for tighter asylum laws
By Jason Buch

VOAHow Immigration Arrests Affect Harrisburg, Pennsylvania
By Bill Rodgers

ABC7New concern after ICE agents hit 77 NorCal businesses
By Katie Marzullo

Chicago TribuneICE detains man at traffic court after DACA status expires, then frees him after outcry
By Robert McCoppin and Brian L. Cox

Tampa Bay TimesFamily resolved that Plant City father of six is headed for deportation to Mexico(w/video)
By Juan Carlos Chavez

Colorado Public RadioICE Says Enforcement Is Now Done By The Book, Immigration Advocates See It Differently
By Allison Sherry

WKBNFamily says longtime Ohio businessman deported to Jordan

WKSUBy Phone from Jordan, Adi Joins About 100 at a Pro-Immigration Rally in Cleveland
By ML. Schultze

Detroit News (Opinion)Column: Don't attack legal immigration
By Jonathan t. Weinberg

Daily Immigration News Clips – February 1, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 1, 2018

National

ReutersU.S. Immigration Agency to Review Newest Asylum Cases First in Bid to Deter Fraud
By Yeganeh Torbati

Wall Street JournalU.S. to Prioritize Recent Asylum Applications
By Laura Meckler

Associated Press (AP)U.S. tries to target asylum-seeker backlog by reviewing newer cases first
By Amy Taxin

Boston HeraldICE arresting spouses seeking legal residency
By Antonio Planas

ReutersU.S. immigration agency clarifies policy on courthouse arrests
By Mica Rosenberg

ReutersU.S. allows Syrians to stay for another 18 months
By Yeganeh Torbati

New York Times6,900 Syrians Win Permission to Stay in the U.S., for Now
By Vivian Yes

CNNDHS extends protections for Syrians
By Tal Kopan

Voice of AmericaTrump's Immigration Plans Draw Fire

The AfricomPolitiFact: Fact-checking Donald Trump's 2018 State of the Union speech
By Leon Thompson

APReaction to Trump's immigration offer casts doubt on a deal
By Alan Fram and Jill Colvin

APTrump warns of immigration peril, touts economy in address
By Julie Pace and Zeke Miller

APAP FACT CHECK: Trump on family immigration

ReutersTrump pushes hardline immigration policies even as he urges unity
By Steve Holland and Jeff Mason

ReutersAfter legal setbacks, Trump administration races to Supreme Court
By Andrew Chung

Wall Street JournalLawmakers Not Sold on Trump's 'Fair Compromise' on Immigration
By Peter Nicholas

The Washington Post'A bad dream': Pro-immigration group headed by Michael Bloomberg targets 14 senators over fate of 'dreamers'
By David Nakamura

The Washington PostTrump's plans for immigration, infrastructure meet swift resistance in Congress
By Robert Costa

PoliticoImmigration torments GOP as feel-good retreat kicks off
By Rachael Bade and Burgess Everett

CNNMichigan doctor detained by ICE to have bond hearing
By Faith Karimi and Emanuella Grinberg