Immigration Law

    • 12 Jul 2018

    New USCIS Memo Threatens Asylum Seekers at Border (July 11, 2018)

    USCIS, July 11, 2018 - "Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-"
    • 12 Jul 2018

    New USCIS Memo Threatens Asylum Seekers at Border (July 11, 2018)

    USCIS, July 11, 2018 - "Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-"
    • 12 Jul 2018

    Where Cities Help Detain Immigrants

    Tanvi Misra, CityLab, July 10, 2018 - "In the last few weeks, a handful of localities have taken action to end contracts with federal immigration authorities to jail immigrants, as anti-detention activists have long been pushing them to do, including Springfield, Oregon , and Sacramento, California . Even Atlanta, Georgia, is considering it . The Trump administration’s practice of separating migrant families...
    • 11 Jul 2018

    Family Separation Update - 4 Things You Need to Know (July 10, 2018)

    ACLU, July 10, 2018 - "On June 26, a federal judge issued a national injunction in the ACLU’s class action lawsuit against the Trump administration’s policy of separating children and parents at the border. He ordered the government to reunite all children under five with their parents by Tuesday, July 10, and all remaining children by July 26. Since then, the administration has been scrambling to create...
    • 11 Jul 2018

    New USCIS NTA Policy 'Malicious, Counterproductive' - David Isaacson

    David Isaacson, July 10, 2018 - "In a November 2017 article, the Washington Post described “How Trump is building a border wall that no one can see” : how the Trump Administration was, “in a systematic and less visible way, his administration is following a blueprint to reduce the number of foreigners living in the United States — those who are undocumented and those here legally — and...
    • 11 Jul 2018

    New USCIS NTA Policy 'Malicious, Counterproductive' - David Isaacson

    David Isaacson, July 10, 2018 - "In a November 2017 article, the Washington Post described “How Trump is building a border wall that no one can see” : how the Trump Administration was, “in a systematic and less visible way, his administration is following a blueprint to reduce the number of foreigners living in the United States — those who are undocumented and those here legally — and...
    • 11 Jul 2018

    Family Separation Update - 4 Things You Need to Know (July 10, 2018)

    ACLU, July 10, 2018 - "On June 26, a federal judge issued a national injunction in the ACLU’s class action lawsuit against the Trump administration’s policy of separating children and parents at the border. He ordered the government to reunite all children under five with their parents by Tuesday, July 10, and all remaining children by July 26. Since then, the administration has been scrambling to create...
    • 10 Jul 2018

    DHS to Impose Visa Sanctions on Laos, Burma

    DHS, July 10, 2018 - "On July 10, The Department of Homeland Security (DHS) announced, in coordination with the State Department, the implementation of visa sanctions on Burma and Laos due to lack of cooperation in accepting their citizens who have been ordered removed the United States. Pursuant to her authority under Section 243(d) of the Immigration and Nationality Act, Secretary of Homeland Security Kirstjen...
    • 10 Jul 2018

    DHS to Impose Visa Sanctions on Laos, Burma

    DHS, July 10, 2018 - "On July 10, The Department of Homeland Security (DHS) announced, in coordination with the State Department, the implementation of visa sanctions on Burma and Laos due to lack of cooperation in accepting their citizens who have been ordered removed the United States. Pursuant to her authority under Section 243(d) of the Immigration and Nationality Act, Secretary of Homeland Security Kirstjen...
    • 10 Jul 2018

    Pereira v. Sessions Practice Advisory: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information

    National Immigration Project, National Lawyers Guild, July 2018 - "This practice advisory provides information on how to use Pereira v. Sessions to overcome the “stop-time” rule and more broadly, to challenge Immigration Court Jurisdiction where a Notice to Appear (NTA) lacks time-and-place information. The advisory also includes a model Motion to Reconsider and Terminate (Appendix A) and a Model Motion...
    • 10 Jul 2018

    Pereira v. Sessions Practice Advisory: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information

    National Immigration Project, National Lawyers Guild, July 2018 - "This practice advisory provides information on how to use Pereira v. Sessions to overcome the “stop-time” rule and more broadly, to challenge Immigration Court Jurisdiction where a Notice to Appear (NTA) lacks time-and-place information. The advisory also includes a model Motion to Reconsider and Terminate (Appendix A) and a Model Motion...
    • 10 Jul 2018

    Court: DOJ Attempt to Avoid Flores Agreement 'Wholly Without Merit'

    Flores v. Sessions, July 9, 2018 - "Defendants’ Ex Parte Application is a thinly veiled motion for reconsideration without any meaningful effort to comply with the requirements of Local Rule 7-18. ... Defendants now seek to hold minors in indefinite detention in unlicensed facilities, which would constitute a fundamental and material breach of the parties’ Agreement. ... Defendants advance a tortured...
    • 10 Jul 2018

    Sealed, Unpublished CA10 Asylum Victory - "A.B." v. Sessions (Bangladesh, Religious Minorities)

    "A.B." v. Sessions - "In light of Petitioner’s recent deportation to Bangladesh and concerns about his safety there, we use fictitious initials to protect his identity. ... The BIA did not cite, and we have not found, any evidence to refute these numerous reports of increased persecution of religious minorities in Bangladesh in the past few years. Although there is evidence that religious minorities...
    • 9 Jul 2018

    Defense Contractor Detained Migrant Children in Vacant Phoenix Office Building

    Aura Bogado, Ziva Branstetter and Vanessa Swales, Reveal, CIR, July 6, 2018 - "A major U.S. defense contractor quietly detained dozens of immigrant children inside a vacant Phoenix office building with dark windows, no kitchen and only a few toilets during three weeks of the Trump administration’s family separation effort, Reveal from The Center for Investigative Reporting has learned. Videos shot by an alarmed...
    • 8 Jul 2018

    Pentagon Attacks Immigrant Recruits - 'There’s No Explanation For This Except Xenophobia'

    Army soldiers - who just happen to be immigrants - are being kicked out of the service without being told why, in violation of Army regulations and the U.S. Constitution. The Associated Press broke the story here . The New York Times followed up here . The Rachel Maddow Show ran a segment on the scandal here . And here is the Complaint in a lawsuit filed against the Army.
    • 6 Jul 2018

    Unpub. BIA CAT Victory (Mexico; June 25, 2018)

    Matter of X-, June 25, 2018, unpublished - "The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's January 12, 2018, decision granting the applicant's application for withholding of removal under the Convention Against Torture pursuant to 8 C.F.R. § 1208.17 (2017). The appeal will be dismissed, and the record will be remanded to the Immigration Court for required...
    • 6 Jul 2018

    Fact: Mass Detention of Migrant Families is Unnecessary, Inefficient

    Eleanor Acer, Just Security, July 5, 2018 - "The administration’s turn toward mass detention of asylum seekers and migrants flies in the face of numerous empirical studies, including the government’s own statistics, that show such policies to be highly unnecessary and inefficient. ... ICE operated a Family Case Management Program that resulted in 99% attendance for ICE check-ins and appointments, as well...
    • 6 Jul 2018

    CA7 on Motions to Reopen: Sanchez v. Sessions

    Sanchez v. Sessions - "The Board’s language indicates that it applied the wrong standard in evaluating the prejudice component. As Sanchez rightly puts it, the standard as the Board articulated it is one of probability, when the correct standard as we have articulated is one of possibility. The difference between the two is material. ... For all of the foregoing reasons, the petition for review is GRANTED,...
    • 6 Jul 2018

    California Immigration Laws Partially Upheld - USA v. California

    ORDER RE: THE UNITED STATES OF AMERICA’S MOTION FOR PRELIMINARY INJUNCTION, July 5, 2018 - "Before this Court is the United States of America’s (“Plaintiff” or “United States”) Motion for a Preliminary Injunction (“Motion”). Plaintiff seeks an Order from this Court enjoining enforcement of certain provisions of three laws enacted by the State of California (“Defendant”...
    • 6 Jul 2018

    Two New USCIS Policy Memos re Issuance of Notices to Appear (June 28, 2018)

    PM-602-0050.1 - "This Policy Memorandum (PM) outlines how U.S. Citizenship and Immigration Services’ (USCIS) Notice to Appear (NTA) and referral policies implement the Department of Homeland Security’s (DHS) removal priorities, including those identified in Executive Order 13768, and it provides updates to USCIS’ guidelines for referring cases and issuing NTAs. This PM supersedes Policy Memorandum...
    • 6 Jul 2018

    Feds Sued for Turning Away Asylum Seeker and Falsifying Paper Trail - Crespo v. USA

    AIC - "U.S. Customs and Border Protection officers all too frequently deny individuals fleeing persecution and torture their right to seek protection in the United States, issue summary removal orders against them, and then falsify documents to support their illegal actions. This case is but one example of this unlawful practice. It involves a Mexican national who fears persecution based on sexual orientation....
    • 6 Jul 2018

    TPS for Yemen Extended - DHS

    DHS, July 5, 2018 - "Secretary of Homeland Security Kirstjen M. Nielsen has announced her determination that an extension of the Temporary Protected Status (TPS) designation for Yemen is warranted pursuant to the Immigration and Nationality Act. After carefully reviewing conditions in Yemen with interagency partners, Secretary Nielsen determined that the ongoing armed conflict and extraordinary and temporary conditions...
    • 6 Jul 2018

    US Army Quietly Discharging Immigrant Recruits

    Martha Mendoza, Garance Burke, Associated Press, July 5, 2018 - "Some immigrant U.S. Army reservists and recruits who enlisted in the military with a promised path to citizenship are being abruptly discharged, the Associated Press has learned. The AP was unable to quantify how many men and women who enlisted through the special recruitment program have been booted from the Army, but immigration attorneys say they...
    • 5 Jul 2018

    Teen Taken at U.S. Border Tells of ‘Icebox’ Cages With 60 Girls

    Erik Larson, Bloomberg, July 3, 2018 - "A 15-year-old girl who was forcibly separated from her mother after fleeing to the U.S. from El Salvador described to a Washington State investigator how she was crammed into a windowless room with 60 other girls and deprived of proper sleep or food for three days. The room was divided by wire fencing into three cages, with each one holding 20 separated girls -- some as young...
    • 5 Jul 2018

    'The immigrant population is the heartbeat of Estes Park' - Resolution

    [As some of you know, I live and work near Estes Park, Colorado, gateway to the famed Rocky Mountain National Park. Estes is heavily dependent upon summer tourism. In May 2018 the Town Trustees unanimously passed a resolution urging the Colorado congressional delegation to push for comprehensive immigration reform. See the story, and the resolution, below. - Dan Kowalski] Nic Wackerly, Estes Park Trail-Gazette, May...