AG Sessions Vows to Separate Kids from Parents, Prosecute All Illegal Border-Crossers

THE GIBSON REPORT – 05-14-18 – COMPILED BY ELIZABETH GIBSON, ESQUIRE, NEW YORK LEGAL ASSISTANCE GROUP

TOP UPDATES

AG Sessions Vows to Separate Kids from Parents, Prosecute All Illegal Border-Crossers

AZ Republic: U.S. Attorney General Jeff Sessions promised to prosecute and separate parents who smuggle their children illegally into the United States as he revealed more details about his "zero-tolerance" approach to border enforcement…In Arizona, he unveiled his plan, in partnership with the U.S. Department of Homeland Security, to prosecute all individuals caught crossing the border illegally, saying his Department of Justice would take as many cases "as humanly possible" until they reached a 100 percent prosecution rate. See also Huff Po:Immigration prosecutions are normally open-and-shut cases. But the president’s tweets are once again undermining him in court.

ICE to crack down on sponsorship of unaccompanied children

Politico: The Homeland Security Department will check the immigration status of possible sponsors of unaccompanied children and adult household members, according to a proposed rulepublishedin the Federal Register Monday. See alsoDHS Notice of Modification of “Alien Criminal Response Information Management” System of Records.

U.S. embassy cables warned against expelling 300,000 immigrants. Trump officials did it anyway.

WaPo: In the past six months, the Trump administration has moved to expel 300,000 Central Americans and Haitians living and working legally in the United States, disregarding senior U.S. diplomats who warned that mass deportations could destabilize the region and trigger a new surge of illegal immigration.

Three-Part Series on Border Deaths

RadioLab: While scouring the Sonoran Desert for objects left behind by migrants crossing into the United States, anthropologist Jason De León happened upon something he didn't expect to get left behind: a human arm, stripped of flesh. This macabre discovery sent him reeling, needing to know what exactly happened to the body, and how many migrants die that way in the wilderness. In researching border-crosser deaths in the Arizona desert, he noticed something surprising. Sometime in the late-1990s, the number of migrant deaths shot up dramatically and have stayed high since.

Immigration crackdown shifts to employers as audits surge

Trib: There were 594 employers arrested on criminal immigration charges from Oct. 1 to May 4, up from 139 during the previous fiscal year, and 610 civil immigration charges during the same period, compared to 172 in the preceding 12-months.

Clients arrested in NY transferred out of NY-area before the filing of an NTA.

IDP: MRNY and others are tracking people arrested by ICE in New York who are transferred away from the NY area before the filing of an NTA. To date, LSPs have reported clients transferred to New Mexico and Maryland. As far as we know theICE detainee transfer policy from 2012is still in effect. You may be able to use this to advocate for your client before he or she is transferred. If you know of a client who was transferred before an NTA was filed locally, email Natalia () and Luba ().

Chinese Robocalls Bombarding The U.S. Are Part Of An International Phone Scam

NPR: Non-Mandarin speakers may find the robocalls baffling — or annoying — and just hang up. But some Chinese immigrants who have followed the robocall's prompts have found themselves sucked into an international phone scam… The robocall messages are usually some variation on that theme: This is the consulate; we have an important document that needs to be picked up; it may affect your status in the U.S.; press a button to speak with a specialist — and that is when a connection is made to a live scammer.

USCIS and the Justice Department Formalize Partnership to Protect U.S. Workers from Discrimination and Combat Fraud

USCIS: In 2017, the Civil Rights Division launched the Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers.

Status Docket

NYLAG: In at least one case, the NY Immigration Court placed a case on the status docket with a 2019 check-in where counsel stated at the MCH that they intended to file for a U visa but hadnotdone so yet (DV-based 589 previously filed, but would prefer to move forward on U). The court was served with a copy of the SuppB request filed with NYPD as proof of intent to file for U. IJ gave a long continuance for proof of U filing instead of setting for an individual for asylum, and then notice of transfer to status docket sent by mail a few weeks later.

UAC Jurisdiction

NYLAG: Clt is a UAC, entered ewi at 17 years old. Filed I-589 w/ local Bethpage asylum office on prior to 1 year filing deadline and filed before clt turned 18. Today was client’s second master calendar hearing before IJ Lurye. This was NYLAG’s first time entering appearance. Entered pleadings. Relief: asylum, withholding, and CAT, and SIJS. Then IJ asked if had already filed I-589 with the court. Attorney stated no because we filed it already with the asylum office. IJ asked how old client was. She said that DHS is now taking on the position of considering de-designating UACs once they turn 18. DHS said yes, but did not mentioning anything else about de designating clt’s uac status. The IJ said that she was going to schedule another master so that we may file the I-589 with the court and on that date we will schedule clt’s individual. Another attorney that went prior, entered pleadings and then was instructed to go make a copy of the UAC’s I-589 right then and return to the courtroom to go back on the record and file it with the IJ.

ICE NTAing I-601As

San Diego AILA Chapter: I have been advised that several AILA attorneys in the US…have been notified by their clients that they must come into the ICE office in a week to report. It appears that ICE is now taking individuals into custody whose I-601A waivers have been approved and are just awaiting their appointment at consulates!! Apparently, ICE will issue the NTA and put them into proceedings and then they must await a VR decision from the IJ to leave. This seriously undermines that entire legal process and if the individual has an NTA with a hearing in 8 months or so, that means that the consular process is stalled. Or the government forces that person out of the country well in advance of the consular interview, making them live longer in their home country.

EOIR Releases Court Statistics and Announces Plan to Release Immigration Court Data on Recurring Basis

EOIR released immigration court statistics through the first two quarters of FY2018 with highlights from the data. EOIR also announced that the release of certain immigration court statistics will occur on a recurring basis as an effort to increase transparency of the immigration court system. AILA Doc. No. 18051042

EOIR Released Statistics on In Absentia Removal Orders

EOIR Released Statistics on Administratively Closed Cases

EOIR Released Statistics on New Cases and Total Completions

EOIR Released Statistics on Asylum Rates

EOIR Released Statistics on Defensive Asylum Applications

EOIR Released Statistics on Asylum Applicant In Absentia Removal Orders

EOIR Released the Current Median UAC Case Pending Time

EOIR Released Statistics Pending Unaccompanied Child Cases

EOIR Released Statistics on UAC Cases Pending More than Three Years

EOIR Released Statistics on UAC In Absentia Removal Orders

EOIR Released Median Completion Times for Detained Cases

EOIR Released Statistics on Motions to Reopen

LITIGATION/CASELAW/RULES/MEMOS

Documents Relating to Lawsuit Regarding Government Report on Immigration Status of Convicted Terrorists

Plaintiffs filed a lawsuit challenging the government’s failure to respond to their Information Quality Act petition regarding a report on the immigration status of individuals convicted of certain terrorism-related charges and other crimes. (Protect Democracy Project, Inc. v. DOJ, 5/3/18) AILA Doc. No. 18050737

Documents Related to Lawsuit Challenging Termination of TPS for El Salvador, Haiti, and Honduras

Plaintiffs filed an amended complaint challenging the termination of the designation of El Salvador, Haiti, and Honduras for Temporary Protected Status (TPS). (Centro Presente v. Trump, 5/9/18) AILA Doc. No. 18051036

BIA Finds Tax Conviction Is Not an Aggravated Felony

Unpublished BIA decision holds that failure to collect or pay over a tax under 26 USC §7202 is not an aggravated felony because INA §101(a)(43)(M)(ii) applies only to offenses described in 26 USC §7201. Special thanks to IRAC. (Matter of Corral, 6/2/17) AILA Doc. No. 18051161

BIA Holds Indiana Statute Is Not a Drug Trafficking Aggravated Felony

Unpublished BIA decision holds maintaining a common nuisance under Indiana Code 35-48-4-13(b)(1) as it existed in May 2016 is not an aggravated felony under INA §101(a)(43)(B). Special thanks to IRAC. (Matter of Paul, 5/30/17) AILA Doc. No. 18051162

BIA Addresses Extraordinary Circumstances Exception for Minors

Unpublished BIA decision holds that “minor” means person under 18 years of age to qualify for extraordinary circumstances exception to asylum filing deadline but that youth of applicants between 18 and 21 can be considered as a factor. Special thanks to IRAC. (Matter of A-D-, 5/22/17) AILA Doc. No. 18050735

BIA Dismisses DHS Appeal of Order Reopening Proceedings Sua Sponte Notwithstanding Departure Bar

Unpublished BIA decision holds IJ did not err in reopening and terminating proceedings sua sponte given sentence modification rendering offense no longer an aggravated felony and notwithstanding respondent’s departure from the country. Special thanks to IRAC. (Matter of Keserovic, 5/24/17) AILA Doc. No. 18050932

BIA Holds Florida Grand Theft Is Not a CIMT

Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014 is not a CIMT because it applies to temporary takings or appropriations of property. Special thanks to IRAC. (Matter of Ngo, 6/8/17) AILA Doc. No. 18051035

BIA Vacates Discretionary Denial of Asylum Application

Unpublished BIA decision finds IJ erred in denying asylum application as a matter of discretion solely because respondent failed to seek asylum during two prior visits to United Kingdom. Special thanks to IRAC. (Matter of G-S-, 6/5/17) AILA Doc. No. 18051037

Texas District Court Issues Notable Order in Case of Detained Somali National

The court issued an order stating that the immigration court must conduct a merits hearing no later than 8/10/18 and that the government stipulated to the petitioner’s eligibility to apply for cancellation of removal. Courtesy of Geoffrey Hoffman. (Mohamed v. Nielsen, 5/7/18) AILA Doc. No. 18050831

Attorney General’s Remarks to Gatlinburg Law Enforcement Training Conference

Attorney General Jeff Sessions delivered remarks in which, among other topics, he addressed immigration enforcement, including DOJ’s hiring of 35 Assistant U.S. Attorney positions for the southwest border and EOIR’s deployment of 18 supervisory judges to detention centers along the southwest border. AILA Doc. No. 18050836

USCIS Issues Policy Memo on Accrual of Unlawful Presence and F, J, M Nonimmigrants

USCIS issued a policy memo with guidance to officers on calculating unlawful presence of those in student, exchange visitor, or vocational student status and their dependents, admitted in duration of status or until a specific date. Guidance is effective on 8/9/18. Comments are due by 6/11/18. AILA Doc. No. 18051139

Directive entitledDetention and Removal of Alien Parents or Legal Guardians(Detained Parents Directive)

USCIS: The directive provides guidance regarding the detention and removal of alien parents and legal guardians of a minor child(ren), to include those who have a direct interest in family court or child welfare proceedings in the United States. It is intended to complement the detention standards and policies that govern the intake, detention, and removal of alien parents or legal guardians.

ACTIONS

One Day to Protect New Yorkers: IDP: This is a bill to reduce the maximum sentence on an A misdemeanor from one year to 364 days, which would have immigration benefits for many people. In addition to the rally on May 22, we're still looking for case stories about people who would benefit from the change (which would apply retroactively to anyone convicted of an A misdemeanor). f you have a client we could use as a case example or who might be willing to speak at the rally.

11 Ways Employers Can Support DACA Employees, Interns, and Contractors

AILA: Take Action: Protect TPS Holders

AILA: Call For Examples: Delays in Receiving Green Cards, EADs, and Travel Documents Due to USCIS Error or Delay

AILA: Take Action Tuesday: Call Congress to #EndFamilySeparation at the U.S. Border

Are You an AILA Attorney Representing a Client in Sanctuary?

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

Call for Examples: Denials of Adjustment of Status Denials Due to Misapplication of Visa Bulletin

Call For Examples: Problematic DHS Action After Revocation of Visa Based on DUI

RESOURCES

New UNHCR USA Website

LGBTI DACA Recipients and Options for Relief under Asylum Law

Recent “Trujillo” Decisions and Resources

CATO Institute Report: Immigrants Use Public Benefits Less than U.S. Citizens

IOM World Migration Report 2018

Ethical and Practical Implications of USCIS’s New Credit Card Acceptance Policy

AILA: Explain Longer Processing Times to Your Clients

CRS Report on the Travel Ban Case and Nationwide Injunctions

Resources on Lawsuit by Texas and Six Other States Seeking to End the DACA Program

AILA Podcast: Mandamus Relief for Clients Stuck in Administrative Processing

CRS Legal Sidebar: District Court Enjoins DACA Phase-Out - Explanation and Takeaways

Think Immigration: Horrifying and Inspiring - A Look Inside the Stewart Detention Center

Practice advisory developed by the Cardozo Immigration Justice Clinic a couple of years ago focused on delated N-400s and mandamus actions

City Bar Senior Policy Counsel Maria Cilenti speaks with Vickie Neilson, Chair of the City Bar’s Immigration and Nationality Law Committee, about the immigration court system

Department of Investigation’s (DOI)Office of the Inspector General for the New York City Police Department (“OIG-NYPD”)issued a Report detailing its analysis of the Police Department’s (“NYPD”) U visa certification program.

New Economy Project’s DACA grant resources are once again available to eligible applicants until further notice

Ethical Considerations in Declining Representation

MPI: Revving Up the Deportation Machinery: Enforcement under Trump and the Pushback

EVENTS

5/14/18What is Public Charge: Advocating for our immigrant communities

5/15/18CLINIC:Four-Part Asylum Series: Overview of Asylum and Related Relief

5/15/18What’s New at Ciudad Juarez?

5/16/18Mental Health Issues & the New York State Courts 2018: Why Trauma Matters to Judges and Lawyers

5/18/18IJC 10 Year Anniversary Convening

5/20/18Civic Salon: Lifting the Lamp

5/21/18Effect ofJennings v. RodriguezDecision on Detainee Advocacy

5/22/18Rally – One Day to Protect New Yorkers

5/22/18Could Third-Country Citizenship Be Your Client’s Best Option?

5/22/18CLINIC:Four-Part Asylum Series: Overview of Asylum and Related Relief

5/24/18Bond and Enforcement Priorities

5/30/18Challenging Conditions of Release and Creative Uses of Habeas

5/31/18Immigration Court Practice

5/31/18The State of Federal Social Welfare Policy Under the Trump Administration: Doubling-Down on Failed Welfare Reform Policies that Punish Low-Income and Immigrant Community Members

6/5/18CLINIC:Four-Part Asylum Series: Overview of Asylum and Related Relief

6/12/18CLINIC:Four-Part Asylum Series: Overview of Asylum and Related Relief

6/13-16/182018 AILA Conference

6/16/18Open Mic: Writing on Race & Immigration

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

7/1-3/18National Institute for Trial Advocacy & CLINIC Training in Boulder, CO

7/26/18Defending Immigration Removal Proceedings 2018

9/26/18Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices

ImmProf

Monday, May 14, 2018

Immigration and the Fashion Indiustry: Alterations to an Outdated Immigration System

Immigrant of the Day: Al Horford (Dominican Republic), Profesional Basketball Player for the Boston Celtics

Latina/o Immigrants in the Racist Era of Trump by Alvaro Huerta, Ph.D.

Sunday, May 13, 2018

Happy Mother's Day

CATO Institute Report: Immigrants Use Public Benefits Less than U.S. Citizens

Saturday, May 12, 2018

New College Grad to Help Deported Vets

There Is No Invasion at the Southern Border

Friday, May 11, 2018

Masha Gessen: Taking Children from their Parents is a Form of State Terror

Forbes Magazine: Would Anne Frank's Father Have Been Criminally Prosecuted?

Really!! Canadian leader was asked by TSA to remove his turban

DHS Head to Resign?

Immigration Article of the Day: Vanishing Protection: Access to Asylum at the Border by B. Shaw Drake and Elizabeth Gibson

Thursday, May 10, 2018

"We Have to Love Our Law Students"

Wartime Los Angeles's Sleepy Lagoon Murder & Zoot Suit Riots w/ Eduardo Pagán - A True Crime History Podcast

Immigration Article of the Day: The Equal Protection Doctrine in the Age of Trump: The Example of Unaccompanied Immigrant Children by Rebecca Delfino

Wednesday, May 9, 2018

U.S. embassy cables warned against ending TPS

Call for Proposals for the Second Annual Equality Law Scholars’ Forum

California Gubernatorial Candidates Debate, Spar on Immigration

Government Class Actions After Jennings v. Rodriguez

Immigration Article of the Day: When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement by Jennifer Lee Koh

Immigration Facts from the International Organization for Migration

Tuesday, May 8, 2018

Looking to enter the U.S.? First, answer a few questions...

Sanctuary Art

Report: State and Local Policies Tempering Trump Administration's Immigration Enforcement Push

Ninth Circuit: Maricopa County Liable for Sheriff Arpaio's Unlawful Law Enforcement Policies

Attorney General Jeff Sessions: "I have put in place a `zero tolerance' policy for illegal entry on our Southwest border."

Monday, May 7, 2018

AG Sessions' Plans for Border-Crossing Parents, Their Children

ABA Spotlight on Notario Fraud

Report: Deportation Fears Prevent Immigrants from Reporting Crimes