From:Elizabeth Gibson Sent: Monday, April 17, 2017 11:13 AM To: IPU Cc: Deborah Chen; Grace Kao Subject: Weekly News Briefing - April 17, 2017
BREAKING: SCOTUS Denies Cert in Castro Case
Terrible case denying habeas to asylum seekers in expedited removal. Supreme Court denies cert in Castro case, allows 3rd Circuit ruling against Berks families to stand. Bad outcome for expedited removal.
SCOTUS blog summary of the issues that were at stake:
Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that the petitioners are not entitled to judicial review of their statutory, regulatory and constitutional claims, even by habeas corpus, and are “prohibited from invoking the protections of the suspension clause" to challenge their removal; and (2) whether the 3rd Circuit erred in concluding, contrary to every other circuit to address the issue, that persons who have entered the United States may be “assimilated” to the constitutional status of noncitizens arriving at our borders, and thereby denied constitutional rights.
SCOTUS Court Order
Third Circuit Opinion
Juror Registration Forms
Several people on the VAWA NYC listserv noted an increase in clients receiving juror registration forms. It is unclear whether this may be due benefits applications, IDNYC, or some other source. It is important to remind clients that they are not eligible to serve as jurors. However, this creates a problem because the court requires that people then prove they are noncitizens.
Monitoring UAC Policy
CLINIC has created a web form to monitor instances where the government attempts to terminate the “unaccompanied child” (UC) status of children initially designated as UCs. The web form is available here: https://cliniclegal.org/tracking-uac-de-designations. If you or your organization/firm has experienced this issue, we would be grateful if you would fill out this web form. CLINIC is collaborating with other partners to monitor and consider advocacy and litigation strategies to assist children in this situation. We are also developing a practice advisory on combatting government attempts to terminate UC status, which we hope to share in the coming weeks. We ask that you consider submitting the form in the future if you begin to run into this issue, even if you haven’t yet.
Haitian Firm Resettlement Research
Fragomen Brazil has put together extensive research on the firm resettlement question for Haitians coming to the U.S. via Brazil. Key documents are available on the shared drive.
Destruction of IDNYC Still On Hold
While a Staten Island judge ruled in favor of Mayor Bill de Blasio's plan to destroy personal documents collected for the city's municipal ID program, the Republican lawmakers who filed the initial lawsuit filed a second suit Thursday, prohibiting officials from destroying anything until May 3 at the earliest.
Key immigration guidance continues to disappear off government websites. Don’t forget that you can always try the Wayback Machine for archived websites. However, you also may want to save key documents.
CALLS TO ACTION
From Kate Griffith: My Cornell ILR colleague (Shannon Gleeson) and I are engaged in an interview-based research project focused on TPS holders in the New York City and Long Island NY regions. We need some help connecting with TPS holders from Central America. The interviews are anonymous and voluntary of course. Participants receive $50 to compensate them for their time. The flyers we have used for outreach are attached. If anyone is in a position to help us connect with a few Central American TPS holders, or wants to know more about the study (or has a perspective on employment issues for TPS holders that they’d be willing to share), please email me (firstname.lastname@example.org) and Shannon (email@example.com) directly.
Resources for Victims Immigration-Related Harassment by Landlords
AILA: Resources for Responding to Large-Scale Enforcement Actions and Raids
Practice Advisory: Remedies to DHS Enforcement at Courthouses and Other Protected Locations1
IDP Guidance on ICE in the Courts
Web Form for Sending Questions to the Immigrant Defense Project (IDP)(or email firstname.lastname@example.org)
General AILA Post-Election Resource Page
AILA: Know Your Rights Handouts: If ICE Visits a Home, Employer, or Public Space
AILA: Executive Actions Issued on the Border and Interior Enforcement
DOJ Memo on Priority of Immigration-Related Prosecutions
The DOJ issued a memo to federal prosecutors stating “It is a high priority of the Department of Justice to establish lawfulness in our immigration system . . . It is critical that our work focus on criminal cases that will further reduce illegality.” It describes that prosecutions and incarceration for illegal entry, illegal reentry, smuggling, identity theft, and others. There is a link to the memo and a summary of the memo’s key points (with explanations of some of the terms mentioned in the memo), attached.
Practice Manual Update
The Office of the Chief Immigration Judge has updated the Immigration Court Practice Manual to amend the provisions concerning defensive and lodged asylum applications. These changes affected pages 38, 79, and D-2.
DHS Releases ICE Declined Detainer Outcome Report
DHS issued the ICE Declined Detainer Outcome Report as required by EO 13768. This weekly report lists the jurisdictions that have declined to honor ICE detainers or requests for notification and includes examples of criminal charges associated with those released undocumented immigrants.
AILA Doc. No. 17032002
Bios for the Latest Round of New IJs
4/19/17 VAWA Advocates Meeting w/ Bond Hearing CLE - April 19, 2017 will take place at Davis, Polk and Wardell from 3-5pm. Andrea Saenz, Supervising Attorney from Brooklyn Defenders, will be conducting a 75 minute attorney CLE starting promptly at 3pm on bond/bond hearings and post removal order options.
4/20/17 Representing LGBTI asylum-seekers and how to use international law to strengthen asylum claims - UNHCR and the Immigrant Rights Clinic at Texas A&M University School of Law will be hosting a free webinar on representing LGBTI asylum-seekers and how to use international law to strengthen asylum claims in the U.S. The webinar will take place from 2-3:30pm EST
4/23/17 Brooklyn Immigration Forum with Acting District Attorney Eric Gonzalez 9am-3pm
4/23/17 The Florence Immigrant & Refugee Rights Project fundraiser – This project (based in AZ) is having a fundraiser in Brooklyn on Sunday April 23rd from 3PM to 6PM. Apparently there will be a DJ and Drinks/Burritos/Art. They’ll be releasing and selling Your Huddled Masses an art book featuring some amazing artivists. HANSON DRY/ 925 Fulton St., Brooklyn, NY
4/24/17 Representing the Trafficking Victim-Witness: Securing Continued Presence and Providing Reasonable Cooperation for Purposes of the T Nonimmigrant Status (ONA Sponsored) Monday April 24th, 2017, Time: 1:00 P.M. to 4:00 P.M. Attendees are eligible to receive 3 CLE credits for attending this training.
4/25/17 Professional Responsibility for Legal Services Lawyers – City Bar Tuesday, April 25, 2:00 - 5:00 pm
4/27/17 USCIS Listening Session Invitation To Discuss Access and Accommodations for Customers with Disabilities - USCIS invites stakeholders to a 4/27/17 listening session on access to services, information, and facilities for customers who have motor, mobility, and dexterity disabilities.
4/28/17 NTAs, Service and Practical Tips for Master Calendar Hearings - The training will be held at New York Law School, 185 West Broadway, New York, NY 10013 on Friday, April 28, 2017 from 3:00PM to 5:00PM. We ask that you RSVP by signing up prior to April 27, 2017.
5/1/17 National Day of Action on International Workers Day
5/8/17 Legal Observer Training - Monday, May 8, 2017 6:00 - 8:00 pm Brooklyn Bar Association, First Floor Auditorium, 123 Remsen Street, Brooklyn, New York 11201. RSVP. Required.
Monday, April 17, 2017
ICE immigration arrests of noncriminals double under Trump
Tax Day Musings: Tax Filings Seen Dipping Amid Trump Crackdown On Illegal Immigration
Homeland Security chief says 'confusion' spurred by the Trump administration is stemming illegal immigration
Sunday, April 16, 2017
Easter Message From Sean Spicer
ICE’s Public Shaming Detainer Reports Were So Inaccurate They Had to Stop Publishing Them
German Immigrants Brought Easter Bunny to US
Saturday, April 15, 2017
Monarch Butterflies & Immigration Protest Art
Federal Court Weighs Injunction in Challenge to Executive Order's Threat to De-Fund "Sanctuary Cities"
Immigrants of the Day: How Two Chinese Immigrants Built a Billion-Dollar Fast-Food Empire
Breitbart Applauds New Immigration Hawks Named to Senior DHS Positions
Friday, April 14, 2017
Faced with San Francisco lawsuit, Trump lawyer backs down on sanctuary cities
Right to Counsel in Expedited Removal: Amicus Brief Sign-On Request for Attorneys & Law Profs
Detained Immigrants May Face Harsher Conditions Under Trump NY Times 04.13.17
The Trump administration is attempting to lessen requirements of local jails that house both undocumented immigrant detainees and criminal inmates, which, throughout the past three administrations, have categorized ICE detainees as non-criminal and therefore provided them with different services.
How much it costs ICE to deport an undocumented immigrant CNN 04.13.17
Every deportation that ICE conducted in 2016 cost an average of over $10,000 of taxpayer money, half of which came from detention, and half of which was made up of apprehension, investigation, legal proccesing, and transportation.
DHS hires incense immigration supporters The Hill 04.12.17
Two former members of far-right organizations that have been classified as anti-immigration hate groups have been hired by the Department of Homeland Security as high-level advisors to the director of ICE and the Commissioner of Customs and Border Patrol.
ACLU Files 13 Lawsuits For Records Related to Trump’s Travel Ban NPR 04.12.17
In order to understand and prove the mistreatment and detention of travellers at U.S. aiports in recent months, the ACLU is asking 13 differnet local Customs and Border Patrol offices for any and all records pertaining to their enforcement of Trump’s executive orders concerning travel and refugees.
Hawaii asks 9th Circuit Court for an 11-judge panel to review Trump’s travel ban LA Times 04.12.17
Regaring its lawsuit against Trump’s “travel ban 2.0” executive order, Hawaii is requesting that its May 15 hearing with the 9th Circuit Court of Appeals be held in front of an 11-judge “en banc” panel, as it is being allowed for the 4th Circuit Court hearing on May 8, also regarding the travel ban.
AILA NEWS UPDATE
Daily Immigration News Clips – April 14, 2017
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 14, 2017
CNN:How much it costs ICE to deport an undocumented immigrant By Octavio Blanco
Associated Press: Detained Afghan family gets permanent US resident status
Associated Press: Border plan overlooks driver of illegal immigration: visas By Adriana Gomez Licon
Rewire:More Immigration Extremists Enter Trump Administration By Auditi Guha
Wall Street Journal:In Rush for New Agents, Border Patrol Weighs Changing Polygraph Program By Dan Frosch and Laura Meckler
CNN:DHS moving to up detention, deportation capacity, memo says By Tal Kopan