TOP UPDATES
Immigrant rights group in email says it was warned not to mention abortion to teens
WaPo: The constraints on what government-funded lawyers can say to young detainees was contained in an email from the nonprofit Vera Institute of Justice, which said it acted after a phone call with an HHS employee. Vera’s instruction to lawyers comes as the Trump administration has tried in court to block access to abortion procedures for undocumented teens in federal custody. “We know for a fact that there is a very real risk to the entire legal services program for children in [Office of Refugee Resettlement] custody if issues other than immigration are addressed in consultations or representation, the abortion issue in particular.
Former ICE Chief Counsel Pleads Guilty to Using the Identities of Numerous Immigrants for Wire Fraud and Aggravated Identity Theft Scheme
DOJ: According to admissions in the plea agreement, from October 2013 through Oct. 25, 2017, Sanchez, who had responsibility over immigration removal proceedings in Alaska, Idaho, Oregon and Washington, intentionally devised a scheme to defraud seven aliens in various stages of immigration removal proceedings.
NYC’s Immigration Court Erodes Accommodations for Children Without Attorneys
City Limits: Over the past few months, finding legal representation has become even more challenging for immigrant children in New York City because Manhattan’s federal immigration court has eroded several of the practices and provisions designed to help children connect with nonprofit and pro bono attorneys inside the courthouse, say four lawyers who direct programs that connect with unrepresented children at 26 Federal Plaza.
District Court in New York Issues Nationwide Injunction Against Rescission of the DACA Program
The district court issued a nationwide preliminary injunction ordering the government to maintain the DACA program on the same terms and conditions that existed prior to the 9/5/17 DACA rescission memo, subject to certain limitations. (New York v. Trump, 2/13/18)
·USCIS Not Accepting DACA Requests from Individuals Never Granted DACA - USCIS announced that the scope of the 2/13/18 preliminary injunction is the same as the preliminary injunction issued on 1/9/18.
City DAs press ICE to stop arresting immigrants at courthouses
Daily News: Three of the city's districts attorneys are pleading with ICE to stop arresting immigrants at city courthouses. The Manhattan, Brooklyn and Bronx DAs joined Public Advocate Letitia James Wednesday to push the feds to stop the arrests, which they say are interfering with the justice system.
DHS Releases a Series of Statements Supporting the Administration
·Unaccompanied Alien Children and Family Units Are Flooding the Border Because of Catch and Release Loopholes
·We Must Secure The Border And Build The Wall To Make America Safe Again
·We Need to End Unchecked Chain Migration and Eliminate the Reckless Visa Lottery to Secure the Nation and Protect the American Worker
From School Suspension To Immigration Detention
Intercept: For Immigrant Students on Long Island, Trump’s War on Gangs Means the Wrong T-Shirt Could Get You Deported. The path from school to immigration detention usually goes like this: A teenager, often recently resettled in the United States, gets into some sort of trouble at school. Sometimes, as in Dennis’s case, a fight triggers a criminal charge — making the teen a direct target for removal. Other times, the violation of some school code, official or unofficial, can prompt school administrators to label a teen as a gang member... In the absence of a criminal record, it’s not always clear how that information ends up in the hands of police and immigration authorities — but it usually does.
The White House’s weekly ‘immigrant crime’ tally includes non-crimes and nonimmigrants
WaPo: In 2016 there were 1.2 million violent crimes, or 23,077 a week. If that number held last week, the White House only found two crimes linked to immigrants in the country illegally.
Immigration reform faces high hurdle in the House
Wa. Examiner: The Senate’s failure to pass an immigration reform proposal last week casts a spotlight on the House, where Speaker Paul Ryan has pledged to take up legislation next month.
LITIGATION/CASELAW/RULES/MEMOS
New NYPD U cert requirements
The main change/addition is that they now want a copy of our client’s ID and a blank cert with our client’s identifying information already filled out. (see attached guidance)
Iranian Alliances Across Borders Challenges Presidential Proclamation on Visa Restrictions
The Fourth Circuit Court of Appeals affirmed the 10/17/17 preliminary injunction granted by the district court. The court stayed its decision in light of the Supreme Court’s 12/4/17 order inTrump v. IRAPstaying the injunction. (IAAB v. Trump, 2/15/18) AILA Doc. No. 17100400
CA4 Affirms District Court’s Preliminary Injunction Against Travel Ban
The Fourth Circuit Court of Appeals affirmed the 10/17/17 preliminary injunction granted by the district court. The court stayed its decision in light of the Supreme Court’s 12/4/17 order staying the injunction. (IRAP v. Trump, 2/15/18) AILA Doc. No. 17031332
CA9 Remands Case Challenging Exclusion of Protesters from CBP Enforcement Zone
The court remanded to the district court to determine whether, and what part of, a CBP enforcement zone is a public forum, and whether the government’s policy of excluding individuals from the enforcement zone is permissible under the principles of forum analysis. (Jacobson v. DHS, 2/13/18) AILA Doc. No. 18021633
CA9 Finds INA §318 Did Not Preclude District Court from Considering Petitioners’ Naturalization Applications
The court held that INA §318 does not preclude a district court from considering a naturalization application that is properly before the court pursuant to INA §336(b). (Yith v. Nielsen, 2/7/18) AILA Doc. No. 18021233
CA11 Denies Petition for Review of BIA’s Denial of Motion to Reopen
The court upheld the BIA’s decision denying the petitioner’s motion to reopen removal proceedings, finding, among other things, that he failed to exhaust his administrative remedies and that the BIA did give “reasoned consideration” to his claims. (Lin v. Attorney General, 1/31/18) AILA Doc. No. 18021230
District Court in New York Issues Nationwide Injunction Against Rescission of the DACA Program
The district court issued a nationwide preliminary injunction ordering the government to maintain the DACA program on the same terms and conditions that existed prior to the 9/5/17 DACA rescission memo, subject to certain limitations. (New York v. Trump, 2/13/18)
District Court Orders IJs to Consider Asylum Seekers’ Financial Circumstances When Setting Bond
A district court ordered that once an IJ has determined that an asylum-seeker at the Batavia Federal Detention Facility should be released on bond, financial circumstances as well as alternative conditions of release should be considered. (Abdi, et al v. Nielsen, 2/9/18) AILA Doc. No. 18021532
USCIS Finalizes Guidance on Signature Requirement
USCIS announced that it issued final policy guidance stating that petitioners and applicants who seek immigration benefits must provide a valid signature on submitted forms and that power of attorney signatures will no longer be accepted. This new policy is effective as of 3/18/18. AILA Doc. No. 18021641
USCIS Expands Credit Card Payment Options for Fees
USCIS will now accept credit card payments, with this payment option available for the 41 fee-based forms processed at USCIS Lockbox facilities. To pay via Visa, MasterCard, American Express, or Discover, applicants will need to use Form G-1450, Application for Credit Card Transaction. AILA Doc. No. 18021434
ACTIONS
BIA Solicits Amicus Briefs on Removability and Aggravated Felony Definitions
The BIA solicits amicus briefs on whether DHS can establish removability by charging an individual as an aggravated felon under two separate aggravated felony definitions, neither of which would independently be a categorical match to the statute of conviction. Briefs are due 3/16/18. AILA Doc. No. 18021530
Call for Information: Report Raids and Enforcement Actions to AILA National
Please use this form to share with AILA National any information that you have on confirmed round ups or raids happening in your community. AILA Doc. No. 17020306
Call for Examples: Questions Sought for Upcoming Liaison Meeting on Worksite Enforcement Issues
The AILA Verification and Documentation Liaison Committee seeks agenda items for its spring liaison meeting with ICE Homeland Security Investigations (HSI) and DOJ Immigrant and Employee Rights (IER). Please send your non-case-specific questions by 3/2/18. AILA Doc. No. 18022000
Survey on Minor Offenses in NYC
The Mayor’s Office of Criminal Justice is doing a survey of those who may have missed a criminal court date or forgotten about a pink ticket for a minor offense in NYC.They are offering $25 for those willing to participant in their short survey.See flyer attached.
RESOURCES
·MS-13 in the Americas: How the World’s Most Notorious Gang Defies Logic, Resists Destruction
·PBS The Gang Crackdown - PBS documentary series on FRONTLINE featuring Make the Road.
·CBP Update on the CBP National Use of Force Review Board
·UNHCR’s Stateless Representation Manual
·ASPCA: Help for DV Victims with Pets (attached flyer)
·AILA:Podcast: Representing a Mentally Ill Client Facing Removal Proceedings
·AILA Recording: Ethical Issues Of Dual-Representation In Family-Based Immigration
·AILA Provides Listing of DACA Renewal Clinics
·AILA: Resources for Responding to Large-Scale Enforcement Actions and Raids
·AILA: Resources To Prepare for Raids and Other Immigration Enforcement Actions
·AILA: Practice Pointer: Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief
·AILA: Ethical Issues in Representing Children in Immigration Proceedings
EVENTS
·2/21/18Representing Stateless People Before U.S. Immigration Authorities: Motions to Reopen
·2/21/18Register for a Free Habeas Corpus Nuts and Bolts Webinar
·2/21/18Detain and Punish: Haitian Refugees and Immigration Detention in the U.S.
·2/21/18Defense of Immigrant Children
·2/22/18First Friends in Formation - The U.S. Immigrant Detention System
·2/23/182018 Immigration and Asylum Law Conference (Federal Bar Association and New York Law School)
·2/23/18A Benefit Performance for the Immigrant Bail Fund
·2/26/18New Sanctuary Coalition ACCOMPANIMENT TRAINING John Bowne H.S.
·2/27/18Non-Court Removal Orders: Expedited, Stipulated, Reinstated, Oh My!
·2/28/18The "Muslim Ban" One Year On - Developments and Prospects - NYCBar
·3/1/18Race and Immigration in the Age of Trump
·3/3/18Taste the World! A Discussion of New York Immigrant Food Cultures with the League of Kitchens
·3/13/18Is Your Client Already a U.S. Citizen?
·3/14/18Reopening Cases for Justice: Basic Rules and Advanced Strategies for Motions to Reopen in Immigration Cases
·3/18/18Early Childhood Educator Series: Supporting Immigrant Families: Resources, Spaces and FeelingsBPL
·3/20/18CBP Port Tour: The next CBP JFK Port Tour will take place on Tuesday March 20th, 2018 at 9:30AM. To sign up, please RSVP here with the requested information. All information will be kept confidential.
·3/23/18Spring '18 Defending Immigrant Communities: What You Need to Know The Door
·3/23/18Asian Americans and Immigrant Rights: Keep on DREAMing? - CUNY
·3/24/18Get Fearless Litigation Tips to Defend Your Clients
·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
·7/1-3/18National Institute for Trial Advocacy & CLINIC Training in Boulder, CO
·7/26/18Defending Immigration Removal Proceedings 2018
ImmProf
Tuesday, February 20, 2018
·Worries from the Heartland: Why Employers In Georgia Are Watching The Immigration Debate Closely
Monday, February 19, 2018
·Immigrant of the Day: Giannis Antetokounmpo (Greece), professional basketball player
·Happy Presidents' Day!
·Lyle Denniston: The Supreme Court’s options on DACA
·The 2018 Winter Olympics: An Immigrant Story
Sunday, February 18, 2018
·Immigration Law & Border Enforcement: A One Week Summer Program for Law Students
·"The Free Movement of Labor" @ NYU Feb. 27, 11:15AM
Friday, February 16, 2018
·Professorial Health
·Diversity Immigrants’ Regions and Countries of Origin: Fact Sheet
·No News: Immigration Stalemate in Congress Continues
·Happy Valentine's Day from Northeastern Law!
Thursday, February 15, 2018
·Olympic Watch: Akwasi Frimpong
·Fourth Circuit Rejects Trump Travel Ban 3.0
·Immigration Article of the Day: Border Patrol Termination Rates: Discipline and Performance Problems Signal Need for Reform by Alex Nowrasteh
Wednesday, February 14, 2018
·Happy Valentine's Day
·Children of U.S. Immigrants Make Olympic History
·Happy Valentine's Day: Times Square Celebrates Valentine’s Day 2017 With Immigration-Themed Heart Art
·WORLD MIGRATION REPORT 2018
·Immigration Article of the Day: The Risk of Statelessness: Reasserting a Rule for the Protection of the Right to Nationality by David Baluarte
Tuesday, February 13, 2018
·Second Injunction of DACA's Rescission
·What ‘merit-based’ immigration means in different parts of the world
·What’s the immigration status of Melania Trump’s parents?
·Immigration Article of the Day: Immigration as Commerce: A New Look at the Federal Immigration Power and the Constitution by Jennifer Gordon
Monday, February 12, 2018
·The White House’s Immigration Framework Would Eviscerate Immigration from Latin America, Africa, and Asia
·Adjusting On The Fly
·New on HBO: Here and Now
·The Evolving Rights Of Deportable Immigrants As Seen In The Case Of Ravi Ragbir
·McConnell’s immigration gamble: US Senate to Debate Immigration Reform
·From the Bookshelves: The Line Becomes a River: Dispatches from the Border by Francisco Cantú
AILA NEWS UPDATE
Daily Immigration News Clips – February 16, 2018
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 16, 2018
National
CNNSupreme Court will meet behind closed doors Friday on DACA
By Ariane de Vogue
NPRICE Detains More Than 100 In Los Angeles-Area Immigration Raids
By James Doubek
CNNAppeals court rules against latest Trump travel ban
By Ariane de Vogue
ReutersSenate rejects immigration bills, leaves Dreamers in limbo
By Richard Cowan and Susan Cornwell
New York TimesSenate Rejects Immigration Plans, Leaving Fate of Dreamers Uncertain
By Sheryl Gay Stolberg and Michael D. Shear
New York TimesTrump's Latest Travel Ban Suffers Blow From a Second Appeals Court
By Adam Liptak
The Washington PostAppeals court says Trump's latest travel ban violates the law - again
By Robert Barnes and Ann E. Marimow
APSenate rejects immigration bills; young immigrants in limbo
By Alan Fram and Kevin Freking
ReutersWhite House rejects bipartisan group of senators' immigration plan
ReutersU.S. court says Trump travel ban unlawfully discriminates against Muslims
By Lawrence Hurley
ReutersWhite House pressures Republicans to withdraw from immigration bill
Wall Street JournalImmigration Measures Fail in Senate
By Kristina Peterson and Siobhan Hughes
The Washington PostImmigration bills fail in Congress, leaving 'dreamers' in limbo
By Ed O'Keefe , David Nakumara, and Mike DeBonis
The Washington PostWhite House issues veto threat on Senate's emerging bipartisan immigration plan, potentially dooming effort to protect 'dreamers'
By Ed O'Keefe and David Nakumara
The Washington PostThe DACA and immigration debate is now a giant game of chicken
By Aaron Blake
PoliticoInside the Senate's ugly immigration breakdown
By Burgess Everett and Elana Schor
PoliticoSenate immigration debate ends in failure
By Elana Schor and Burgess Everett
CNNWhat's next for DACA? 'Don't know'
By Tal Kopan
CNNSenators fume after immigration bill failure
By Lauren Fox
CNNWhite House says Trump will veto bipartisan immigration deal
By Tal Kopan
CNNWashington's political impotence is on full display
By Stephen Collinson
CNNWhite House says Trump will veto bipartisan immigration deal
By Tal Kopan
The HillGOP looks for Plan B after failure of immigration measures
By Alexander Bolton
The HillWhite House blames 'Schumer Democrats' for defeat of Trump immigration plan
By John Bowden
The HillTrump calls on lawmakers to back merit-based immigration after senators reach DACA deal
By Max Greenwood and John Bowden
The HillTrump calls bipartisan immigration deal a 'catastrophe'
By Max Greenwood
The HillSenate rejects bipartisan measure as immigration votes begin
By Jordan Carney
Roll CallFour Up, Four Down on Senate Immigration Proposals
VoxThis bipartisan immigration bill could be the Senate's last best hope
By Dara Lind
APImmigration enforcement lawyer admits stealing immigrant IDs
By Gene Johnson
New York TimesFormer ICE Lawyer Pleads Guilty to Stealing Immigrants' Identities to Spend $190,000
By Matthew Haag
The HillGraham blasts Homeland Security statement as 'poisonous'
By Jordan Carney
New York Times (Editorial)Trump Kills Compromise on Immigration
Wall Street Journal (Editorial)President Miller's Immigration Veto
New York Times (Op-Ed)Will the Supreme Court Become Trump's Enabler?
By Linda Greenhouse
The Washington Post (Opinion)Fourth Circuit finds racist motivation in travel ban
By Jennifer Rubin
The Washington Post (Opinion)Here's the DACA fix, if Republicans really care about 'dreamers'
By Jennifer Rubin
The Washington Post (Op-Ed)Why Donald Trump is winning the immigration fight
By Carly Goodman and Marisa Gerstein Pineau
The Washington Post (Op-Ed)I was asked to help ICE at my government job. I couldn't do that. So I quit.
By Jordon Drydahl-Roberts
The Hill (Op-Ed)A merit-based future beats our 19th-century immigration system
By Red Jahncke
Local
Texas TribuneU.S. Senate rejects immigration proposals, continuing limbo for "Dreamers"
By Julian Aguilar
The RepublicWhat's next for 'dreamers' after Senate immigration bills fail?
By Dan Nowicki and Daniel Gonzalez
Lancashire Independent NewsTrump Asks Congress To Consider Merit Based Immigration
By Joanna Estrada
APFederal authorities stay deportation of Connecticut couple
WOSUImmigration Debate Grips Congress
Daily Immigration News Clips – February 15, 2018
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 15, 2018
National
CNNDACA parents become flashpoint in negotiations
By Tal Kopan