TOP UPDATES
SCOTUS Immigration Cases This Term
·Sessions v. Dimaya,Oral Argument October 2.
·Jennings v. Rodriguez,Oral Argument, October 3.
·Trump v. Int'l Refugee Assistance Project. Oral Argument October10.
·Trump v. Hawaii.Oral Argument October10.
·In travel-ban case, justices stay Ninth Circuit ruling
NY Governor Issues Executive Order Restricting Inquiry Into Immigration Status
ImmProf: “New York Governor Andrew M. Cuomo has issued Executive Order 170 that prohibits state agencies and officers from inquiring about or disclosing an individual's immigration status unless required by law or necessary to determine eligibility for a benefit or service. Law enforcement officers will also be prohibited from inquiring about immigration status unless investigating illegal criminal activity.”
Trump Administration Loses Again in "Sanctuary City" Funding Case
ImmProf: “In a ruling with national impact, a federal judge in Chicago on Friday blocked the Trump administration's rules requiring so-called sanctuary cities to cooperate with immigration agents in order to get a public safety grant.”
The Administration Is Late on Sudan/South Sudan TPS
CNN: “The Department of Homeland Security is overdue for a decision about Sudan and South Sudan; there are 1,039 temporarily protected immigrants from Sudan in the United States and 49 from South Sudan, according to data provided by US Citizenship and Immigration Services. Their status is set to expire November 2, and federal law requires a decision 60 days before the deadline and timely publication of that decision.”
ICE Wantsto Destroy Its Records of In-Custody Deaths, Sexual Assault, and Other Detainee Files
The Nation: “In July, the National Archives and Records Administration (NARA)—the agency charged with maintaining records produced by the federal government—published a request made by Immigrations and Customs Enforcement (ICE) to begin destroying detainee records, including those related to in-custody deaths, sexual assault, and the use of solitary confinement. The request has been preliminarily approved.” The request predates the current administration.
Drastic drop in US admissions is bad news for Muslim refugees
Frelick: “This August, just 913 refugees were resettled into the U.S., the smallest monthly total in 15 years, according to the State Department’s refugee database.
The religious identity of refugees resettled to the United States also shifted dramatically.”
ICE Confirms Deportation Officers Arrested Four At Brooklyn Courthouse
Gothamist: “Three plainclothes agents with Immigration and Customs Enforcement entered Brooklyn Criminal Court on Thursday morning, "lurked," and made multiple arrests outside, according to attorneys with Brooklyn Defender Services [BDS], a public defender organization.”
CALLS TO ACTION
·Monday September 25th a DACA Day of Action: AILA and NYLS Pro BonoDACA Renewal Clinic Volunteer Sign-Up link.
·Four Easy Ways to Advocate for the Dream Act
·Tell Congress to Stand Up for Refugee Resettlement: Right now, the Trump administration is deciding how many refugees we welcome into the United States next fiscal year.
RESOURCES
·DACA Renewal Funding: Mission Asset Funds has secured funding to cover EVERY DACA renewal in the U.S. for free. DACA recipients simply apply and MAF will send a check already written out to USCIS for payment of DACA renewal. This is not a loan and no one will be asked to pay the money back.Scholarship applications arehere.
·DACA Renewals: Representing Clients with Contacts with the Criminal Legal System
·USCIS Provides Chart Explaining DACA Rescission Announcement
·USCIS: Immigration services that may help people affected by Hurricane Harvey
·Country Condition Documentation: Central America and Mexico– spreadsheet of evidence and resources
·Practice Alert on Ramirez v. Brown: How the Ninth Circuit’s Holding That TPS Is an Admission Can Help TPS Holders
·FY2018 Appropriations: Resources on the House DHS funding bill for FY2018 that seeks to dramatically increase immigration enforcement and border security, including ways you can push back on this bill. AILA Doc. No. 17071835
·U.S. Department of Justice Civil Rights Division Immigrant and Employee Rights Section: “If anyone you know has problems with employers accepting the I-797s, or if they have questions about other related issues, they can call IER's free hotline (800-255-7688) M-F, 9am-5pm ET. As you know, IER can call employers informally to explain the validity of documents and offer the employer information and assistance so that the worker can get to work as soon as possible.”
·Pro Bono Referral Resource Guide · Public Version, Vera Institute Of Justice · Unaccompanied Children Program · August 2017 – see attached
·Representing a Noncitizen Caught in the Unlawful Presence Trap
·ITINs: Ariva is a useful external referrer for year-round tax filing and ITIN filing. Their website can be found here: and their office is located at 69 E. 167th Street (at Gerard Ave.), Second floor, Bronx, NY 10452. Urban Upbound is an organization based in Long Island City that also offers this service. Their website is and their address is 38-81 13th St, Long Island City, NY 11101.
·Employment Assistance for New Refugees and Asylees: The IRC in NY’s federally-funded Matching Grant (MG) Programassists eligible populations in securing employment and achieving economic self-sufficiency. See attached.
·UNHCR Guidance on Seeking Asylum in Canada: French, Spanish, Creole, Arabic, English.
·When does fingerprinting put your client at risk with ice?
GOVERNMENT
Rehearing of Harbin Denied
IDP: “Great news! The Second Circuit promptly denied OIL's rehearing petition in Harbin. We'll let everyone know if OIL ends up petitioning for cert.”
Obeya v. Sessions - The Second Circuit will hear argument in Obeya v. Sessions, where the issue is whether conviction under NYPL 155.25, petit larceny, is categorically a CIMT theft offense. The briefs are available on IDP's website:
Matter of D-R-, 27 I&N Dec. 105 (BIA 2017)
(1) A misrepresentation is material under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2012), when it tends to shut off a line of inquiry that is relevant to the alien’s admissibility and that would predictably have disclosed other facts relevant to his eligibility for a visa, other documentation, or admission to the United States. Forbes v. INS, 48 F.3d 439 (9th Cir. 1995), not followed.
(2) In determining whether an alien assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the alien’s role, acts, or inaction and the extrajudicial killing and (2) his scienter, meaning his prior or contemporaneous knowledge of the killing. Miranda Alvarado v. Gonzales, 449 F.3d 915 (9th Cir. 2006), not followed.
Trump Administration Issues New Visa Sanctions on Four Countries, In Retaliation for Their Stance on Deportation
Immigrant Impact: “Following through on a directive from President Trump made during his first week in office, the State Department on Monday invoked a rarely-used law to impose visa restrictions on Cambodia, Eritrea, Guinea, and Sierra Leone, declaring each country “recalcitrant” for refusing to accept the return of immigrants that the United States has ordered deported.”
U.S. Army kills contracts for hundreds of immigrant recruits. Some face deportation.
WaPo: “U.S. Army recruiters have abruptly canceled enlistment contracts for hundreds of foreign-born military recruits since last week, upending their lives and potentially exposing many to deportation, according to several affected recruits and former military officials familiar with their situation.”
Statement by DHS Press Secretary on Criminal Alien Gang Member Removal Act
On 9/14/17, Acting Secretary of Homeland Security Elaine Duke issued a statement applauding the House passage of the Criminal Alien Gang Member Removal Act (H.R. 3697). AILA Doc. No. 17091801
House Members Call on Acting DHS Secretary to Extend TPS for Honduras and El Salvador
On 9/11/17, a bipartisan group of 116 House members called on Acting DHS Secretary Elaine Duke to renew the Temporary Protected Status (TPS) designation for Honduras and El Salvador. There are approximately 200,000 Salvadorans and approximately 61,000 Hondurans who currently hold TPS. AILA Doc. No. 17091861
EVENTS
·9/19/17Know Your Rights webinar with a special focus on DACA
·9/19/17USCIS Info Session on Systematic Alien Verification for Entitlements (SAVE) Program
·9/20/17New Age of Immigration: Impact on People of Color
·9/22/17Queering Immigration Conference
·9/23/17AILA Citizenship Day - a single-day workshop with sites around the country providing assistance to lawful permanent residents eligible for naturalization. The AILA-NY Chapter will again partner with CUNY Citizenship Now.
·9/25/17 DACA Day of Action
·9/27/17Understanding the Legal Framework for Trafficking Survivors for Social Service Providers
·9/28-29/17 Legal Remedies for Trafficking Survivors for Attorneys
·9/29/17Asset Protection for Immigrant Business Owners
·10/2/17Strategies for Addressing Immigration Questions for In House Attorneys
·10/3/17Whither Immigration? New Directions in Research and Policy in an Era of Nationalism - Center for Migration Studies 2017 Academic & Policy Symposium
·10/17/17The NYIC's 30th Anniversary Gala
·10/17/17The Categorical Approach Across Jurisdictions: A Step-by-Step Approach
·10/30/17Immigration Panel for Artists
·10/31/17Acquiring Citizenship Outside Standard Naturalization Procedures
ImmProf
Monday, September 18, 2017
·Immigrtaion Article of the Day: The Future Legal Management of Mass Migration by Jack I. Garvey
·RAISE Act: Global panel of scholars explains ‘merit-based’ immigration
Sunday, September 17, 2017
·In message of defiance to Trump, lawmakers vote to make California a "sanctuary state"
Saturday, September 16, 2017
·NY Governor Issues Executive Order Restricting Inquiry Into Immigration Status
·Trump Administration Issues New Visa Sanctions on Four Countries
Friday, September 15, 2017
·Supreme Court to Hear Series of Immigration Cases to Begin 2017 Term
·U.S. Army kills contracts for hundreds of immigrant recruits. Some face deportation.
·Death Match 2017: Harvard Law Professor Versus Joe Arpaio
·Trump Administration Loses Again in "Sanctuary City" Funding Case
·UC Davis Professor Shares Experience Of Escaping Vietnam War
·Motel 6 says it will stop sharing guest lists with ICE
·Hurricanes drive immigration to the US
·Berkeley Law Dean Argues that Trump Pardon of Sheriff Joe is Void
Thursday, September 14, 2017
·Celebrating Constitution Day and Citizenship Day (Constitution Week) 2017 with Naturalization Ceremonies
·Fleeing North Korea
·Indian Immigrants in the United States
·Trump, top Democrats agree to work on deal to save ‘dreamers’ from deportation
Wednesday, September 13, 2017
·The Rohingya Crisis
·A DACA student's plea for help after classmate targets her for deportation
·In Wake of DACA's Demise, Congress Weighs Immigration Reform
·First UN Migration Recipe Book Launched
·In travel-ban case, justices stay Ninth Circuit ruling
·Immigrration Article of the Day: Pardoning Immigrants by Peter L. Markowitz and Lindsay Nash
Tuesday, September 12, 2017
·Trump expected to slash refugee levels to lowest in a generation
·Last Call: CSLSA 2017 Scholarship Conference
·Undocumented immigrants should not have to risk deportation for talking to police
Monday, September 11, 2017
·Thoroughly Unsurprising Immigration Survey Data
·California Sues Trump Administration Over End of DACA
·Filipinos, the Latinos of Asia?
·Immigration Article of the Day: Proposals for the Negotiation Process on the United Nations Global Compact for Migration by Victor Genina
·Diversity and Inclusion in Law School and the Legal Profession By Shoba Sivaprasad Wadhia
·September 11, 2001: 16 Years Later
AILA NEWS UPDATE
Daily Immigration News Clips – September 15, 2017
National
The Atlantic'Nothing Will Be Official, Until It's Official'
By Priscilla Alvarez
Associated PressSchools seek to help immigrants amid mixed signals on DACA
By Jocelyn Gecker and Sophia Tareen
Associated PressJudge: Have politicians, not court, settle immigration issue
By Larry Neumeister
Associated PressTrump tests loyal base with immigration flirtation with Dems
By Julie Pace and Steve Peoples
Associated PressTrump says GOP leaders 'on board' in immigration talks
By Erica Werner and Jill Colvin
Associated PressThe Latest: GOP speaker says Trump didn't cut deal with Dems
Associated PressCivil Rights Groups Head to NY Court in Immigration Case
ReutersFacebook-Backed Group to Help Fund 'Dreamer' Application Fees
By Stephen Nelis
ReutersU.S. Judge Presses Trump Administration on Dreamer Deadlines
By Mica Rosenberg
ReutersTrump, on Possible DACA Deal, Says Border Wall Would Come Later
By Ayesha Rascoe
ReutersSenate Republican Leader Says DACA Should Be Part of Border Security Discussion
By Makini Brice
ReutersPelosi Says She Trusts Trump's Sincerity on Protecting Dreamers
By Rick Cowan and Doina Chiacu
New York TimesRight and Left Reacts to a Prospective DACA Deal Between Trump and the Democrats
By Justin Bank
New York TimesImmigration's Sudden Re-Emergence Scrambles Republican Agenda
By Jeremy W. Peters
New York TimesConservatives Recoil at Trump's Accommodation With Democrats Over DACA
By Jeremy W. Peters
New York TimesWhy Did Trump Work Again With Democrats? 'He Likes Us,' Schumer Says
By Maggie Haberman and Glenn Thrush
New York TimesFederal Judge Urges Trump Administration to Push Back DACA Deadline
By Alan Feuer
New York TimesTrump Confirms Support for Law to Protect 'Dreamers'
By Eileen Sullivan
Washington Post'Amnesty Don'? Trump tests the faith of supporters with talk of immigration deal
By Robert Costa and Michael Scherer
Washington PostTrump's immigration talks with Democrats attract cautious support
By Elise Viebeck, Ed O'Keefe and Mike DeBonis
Washington PostTrump, top Democrats agree to work on deal to save 'dreamers' from deportation
By Ed O'Keefe and David Nakamura
Washington PostRyan dismisses potential DACA deal between Trump and Democrats
By Elise Viebeck, Ed O'Keefe and Mike DeBonis
Washington PostMaryland school superintendents call for protection of immigrant students
By Donna St. George
Washington PostTrump: 'If we don't have the wall, we're doing nothing'
Washington PostA playwright responds to DACA cut by making 'Just Like Us' free
By Nelson Pressley
Wall Street JournalTrump, Democrats Haggle on Contours of a 'Dreamers' Deal
By Laura Meckler and Kristina Peterson
PoliticoTRUMP: NO DEAL with Pelosi and Schumer
By Anna Palmer
PoliticoRyan to impanel informal GOP working group on DACA
By Rachel Bade
PoliticoInside Trump's dalliance with Democrats
By Rachel Bade and Josh Dawsey
PoliticoFeds actively considering delaying DACA deadline
By Josh Gerstein
PoliticoTrump die-hards divided over DACA deal
By Kyle Cheney and Ted Hesson
PoliticoTrump denies agreeing to 'amnesty' but embraces immigration reform
By Matthew Nussbaum
Politico45 After Dark: DACA and Cover edition
By Henry C. Jackson
PoliticoTRUMP says 'we have to have a wall' and GOP leaders are 'very on board' -- REPUBLICANS positioning DACA conversations as a starting point
By Anna Palmer
CBS"Go report this illegal": DACA student targeted by classmate
The HillTrump stuns Washington with immigration moves
By Jordan Fabian
The Hill'Amnesty' fight threatens pursuit of immigration deal
By Mike Lillis and Rafael Bernal
The HillDACA - Deal or No Deal? Reps can't say …
By Molly K. Hooper
The HillSchumer on DACA talks with Trump: We agreed on immigration 'framework'
By Jordain Carney
The HillDHS mulling deadline extension for Dreamers to reapply for DACA: report
By Max Greenwood
The HillGOP puts brakes on Trump's DACA deal with Democrats
By Jordain Carney
The Hill70 health care groups urge Congress to take action on DACA
By Jessie Hellmann
Cleveland Plain DealerDACA supporters rally in Painesville to oppose Trump plan (photos)
By James Ewinger
News & ObserverNC businesses could see big losses if DACA not replaced
By Max Diamond
Associated PressHouse backs bill targeting gang members for deportation
By Kevin Frecking
NewsweekREPUBLICAN BILL WOULD DEPORT IMMIGRANTS ON SUSPICION OF BEING IN A GANG-EVEN IF THEY HAVEN'T COMMITTED A CRIME
By Graham Lanktree
The HillHouse votes to crack down on undocumented immigrants with gang ties
By Cristina Marcos
Associated PressMotel 6 says employees won't call immigration on guests
Associated PressColorado governor denies pardon for woman facing deportation
By Kathleen Foody
New York TimesMotel 6 Workers Tipped Off Immigration Agency About Guests
By Simon Romero
Washington PostBy Alex Horton
The HillMotel 6:We aren't sending customer lists to ICE anymore
By John Bowden
Phoenix New TimesAfter New Times Story, Motel 6 Says It Will Stop Sharing Guest Lists With ICE
By Antonio Noori Farzan
Associated PressPhoenix sheriff pardoned by Trump hits the speaking circuit
By Ken Ritter and Jacques Billeaud
Associated PressPoll: 93 percent of Mexicans have 'no confidence' in Trump
By Luis Alonso Lugo
New York Times65 Percent of Mexicans View U.S. Negatively, Survey Finds
By Paulina Villegas
New York TimesTrump Humiliated Jeff Sessions After Mueller Appointment
By Michael S. Schmidt and Maggie Haberman
Washington PostYes, Joe Arpaio got pardoned. But a judge isn't convinced she should toss his conviction.
By Derek Hawkins
Washington PostU.S. workers have been giving a lot more money to the ACLU
By Jean McGregor
Washington PostJust 5 percent of Mexicans express confidence in Trump, poll says
By Joshua Partlow
Washington Post (Editorial)Trump dares to dream of a deal
Wall Street Journal (Editorial)Trump's Dreamer Dealing
Washington Post (Opinion)Is Trump advocating 'amnesty?' Ask one conservative lawmaker, and watch him squirm.
By Paul Kane
Washington Post (Opinion)You asked if anyone wants to deport 'dreamers,' President Trump: Yes. Your base.
By Philip Bump
Washington Post (Opinion)Trump and Democrats strike DACA deal. Yes? No? Sort of? Trump's world can be confusing.
By Ashley Parker
Washington Post (Op-Ed)Cutting refugee admissions hurts Americans. Here's how.
By Michael Certoff
Washington Post (Opinion)'Fox & Friends' host tests border-wall flip-flop line for Trump: It's 'symbolic'
By Erik Wemple
Washington Post (Opinion)Zero percent surprising: Republicans are trying to play down Trump's new bipartisan streak
By Amber Phillips
Washington Post (Opinion)Trump is finding that campaigning to erase Obama's legacy is easier than actually doing so
By Eugene Scott
Washington Post (Opinion)Trump's inflammatory Air Force One gaggle, annotated
By Aaron Blake
Washington Post (Opinion)Trump's latest tweetstorm signals major concessions may lie ahead
By Greg Sargent
Washington Post (Opinion)Trump's DACA deal with Democrats is already a hot mess
By Aaron Blake