Trump S Immigration Legislative Proposal

THE GIBSON REPORT – 01-29-18 – COMPILED BY ELIZABETH GIBSON, ESQ.

TOP UPDATES

Trump’s Immigration Legislative Proposal

Keep in mind that this is just one of many, many proposals on the negotiating table.

·White House Framework on Immigration Reform & Border Security

·AILA Quicktake #232: White House Immigration Proposal

·WaPo: Lawmakers call on Trump to drop bid for legal immigration cuts

·CNN: Bipartisan House group unveils new DACA proposal

Policies Included in Trump proposal:

·DACA: 10-12 year path to citizenship

·Eliminate Lottery

·Policies that prioritize family members to spouses and minor children only

·$25 billion trust fund for the border wall

·Also implies changes to parole, bond, the credible fear standard, TVPRA, Flores, the Criminal Alien Gang Member Removal Act, visa overstays, and possibly safe third country.

Immigration tops the list of issues for Trump's first State of the Union

CNN: President Donald Trump will pitch his controversial immigration plan during his first State of the Union address on Tuesday night, a senior administration official tells CNN, hoping to use the unfiltered, high-profile speech to convince skeptical members of both parties that the proposal the White House rolled out Thursday is a compromise worthy of their support.

DACA Recipients will Remain Eligible for State Medicaid in NYC

Gov’s Office: Governor Andrew M. Cuomo today announced that recipients of the Deferred Action for Childhood Arrivals policy will remain eligible for state-funded Medicaid, regardless of any federal changes to or termination of the program. Information for Medicaid-eligible DACA Recipients AvailableHere.

DOJ Demands Documents and Threatens to Subpoena 23 Jurisdictions As Part of 8 U.S.C. 1373 Compliance Review

DOJ sent letters to 23 jurisdictions, demanding the production of documents that could show whether each jurisdiction is restricting information sharing. The letters also state that recipient jurisdictions that fail to respond will be subject to a DOJ subpoena. AILA Doc. No. 18012435

Shifting Gears, Trump Administration Launches High-Profile Worksite Enforcement Operations

MPI: In January 2018, the Trump administration carried out its largest immigration action yet against a U.S. employer, with hundreds of federal immigration agents descending upon 98 stores in the 7-Eleven chain in 17 states and the District of Columbia... While few immigrants were arrested, the highly visible action—targeting a chain of convenience stores known for their presence in working-class and immigrant communities—sends a clear message that the workplace is not free from immigration enforcement. And it may also signal a major shift in worksite enforcement policy from the previous administration.

ICE Targets Immigrant Rights Activists for Deportation

Intercept: The events in New York are taking place against a national backdrop of escalating actions against prominent immigrant rights figures.

Hispanics forgo health services to avoid officials’ attention, advocates say

WaPo: The trend stabilized a bit as the year went on, but it remains clear that the increasingly polarized immigration debate is having a chilling effect on Hispanic participation in health-care programs, particularly during the enrollment season that ended in December.

TRAC Report: Hot Spots with Highest Growth in Immigration Court Backlog

TRAC: Three New York metropolitan counties - Queens, Kings (Brooklyn), and Suffolk (eastern Long Island) - placed third, fourth, and fifth, respectively, in the sheer number of residents with pending Immigration Court cases. The growth rate of their pending cases between May 31, 2017 and December 31, 2017 ranged between 6 and 8 percent.

DOJ Limits Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases

DOJ issued a memo stating that for affirmative civil enforcement cases, it may not use its enforcement authority to convert agency guidance documents into binding rules. Noncompliance with guidance documents may not be used as a basis for proving violations of applicable law in these cases. AILA Doc. No. 18012637.

LITIGATION/CASELAW

Supreme Court agrees to speed up Trump's DACA appeal

USA Today: By setting up a fast track for both sides to submit court papers, the high court likely will consider the Justice Department's request at its Feb. 16 conference. If it decides to take the case, it could hear arguments in the spring.

Lawsuit Against DHS on Haitian TPS

NAACP: The U.S. Department of Homeland Security’s decision to rescind the Temporary Protective Status (TPS) designation for Haitian immigrants discriminates against immigrants of color, in violation of the Fifth Amendment, according to a newlawsuitfiled today on behalf of the National Association for the Advancement of Colored People (NAACP) by the NAACP Legal Defense and Educational Fund (LDF) in the U.S. District Court for the District of Maryland.

BIA Upholds Bond Based on Materially Changed Circumstances

Unpublished BIA decision upholds grant of bond based on materially changed circumstances where respondent attended rehabilitation meetings after DUI conviction and wife provided assurances that she would drive respondent. Special thanks to IRAC. (Matter of M-R-R-A-, 4/25/17) AILA Doc. No. 18012632

CA7 Finds Lack of Jurisdiction to Review USCIS Action in Religious Worker Case

The court affirmed the district court’s dismissal of the appellees’ complaint regarding USCIS’s denial of a Form I-485 and revocation of its initial approval of a Form I-360 for a religious worker due to lack of jurisdiction. (Bultasa Buddhist Temple of Chicago v. Nielsen, 12/22/17) AILA Doc. No. 18012300

CA7 Holds BIA Did Not Err in Granting Motion to Remand on Frivolous Asylum Application Issue

The court found that the BIA did not procedurally err in granting DHS’s motion to remand to the IJ for reconsideration of whether the petitioner, an Iranian national who did not disclose her Norwegian citizenship, had filed a frivolous asylum application. (Shojaeddini v. Sessions, 1/11/18) AILA Doc. No. 18012333

CA7 Denies Motion for Stay of Removal for Bisexual Citizen of Jamaica

The court denied the petitioner’s motion for a stay of removal pending the court’s consideration of his petition for review because the BIA’s decision on a motion to reopen “is discretionary and unreviewable.” (Fuller v. Sessions, 1/8/18) AILA Doc. No. 18012361

CA8 Denies Petition for Review of Eligibility of Follower of Santa Muerte for Withholding and CAT Protection

The court denied the petition for review, holding that substantial evidence supported the finding that the petitioner failed to establish either a sufficient nexus between his faith and his mistreatment or a likelihood of torture if removed. (Garcia-Moctezuma v. Sessions, 1/11/18) AILA Doc. No. 18012332

CA8 Upholds Denial of Asylum to Ethiopian Petitioner

The court upheld the BIA’s denial of asylum to an Ethiopian petitioner who spoke out against a government massacre, finding that the facts did not compel a finding of past persecution based on political opinion or a well-founded fear of future persecution. (Baltti v. Sessions, 12/19/17) AILA Doc. No. 18012336

CA8 Finds Petitioner’s Minnesota Misdemeanor Domestic Assault Conviction to Be a Crime of Domestic Violence

The court denied the petition for review, finding that the petitioner’s Minnesota misdemeanor domestic assault conviction was a crime of domestic violence under INA §237(a)(2)(E)(i) that rendered him ineligible for cancellation of removal. (Onduso v. Sessions, 12/20/17) AILA Doc. No. 18012434

CA9 Denies Petitioner’s Due Process Claim Based on Denial of Counsel During Administrative Removal Proceedings

The court held that the petitioner’s due process claim based on denial of the right to counsel during his initial interaction with DHS during administrative removal proceedings failed because he made no showing of prejudice. (Gomez-Velazco v. Sessions, 1/10/18) AILA Doc. No. 18012431

CA9 Terminates Removal Proceedings Against Petitioner Convicted of Drug Conspiracy in Nevada

The court granted the petition for review and terminated the removal proceedings against the petitioner, holding that Nevada Revised Statutes §199.480 and §454.351 are not categorical matches to the generic federal statutes. (Villavicencio v. Sessions, 1/5/18) AILA Doc. No. 18012400

CA9 Holds That Adam Walsh Act Applies to Petitions Filed Before Its Effective Date

The court held that the Adam Walsh Act applies to I-130 petitions that were filed, but not yet adjudicated, before its effective date. (Gebhardt v. Nielsen, 1/9/18) AILA Doc. No. 18012436

CA9 Affirms District Court’s Preliminary Injunction Ordering CBP to Improve Conditions in Holding Cells

The court affirmed the preliminary injunction issued on 11/18/16 by the U.S. District Court for the District of Arizona that ordered CBP to take certain steps to improve conditions in its holding facilities within the Tucson Sector. (Doe v. Kelly, 12/22/17) AILA Doc. No. 18012437

ACTIONS

·State of the Union: Post-speech social media campaign with the hashtag #IAmNotALoophole to push out stories of asylum seekers and unaccompanied children.

·Trump v. Hawaii Amicus Briefs (the Muslim Ban): Trump v. Hawaii will be heard during the Supreme Court’s April 2018 sitting. It is expected that merits brief will be due sometime between March 20 and April 2.(Note: The ACLU/IRAP case concerning EO-3 is still pending in the court of appeals.) Plaintiff’s counsel, Hogan Lovells, has asked that people working on briefs stay in touch. Simpson Thacher is looking at filing another amicus brief on behalf of organizations that promote immigrant and refugee rights and provide legal services to this community and is soliciting interest.

·Castro-Tum Amicus Briefs (Administrative Closure): A ton of organizations are working on this issue. Please see attached list of proposed briefs and contacts. The deadline for filing has been extended to Feb. 20.

·AILA Call for Examples: Experiences with Waivers for Individuals Impacted by Travel Ban

·Call for Examples: Asylum Applicants denied cash assistance: NYLAG’s Abby Biberman: Can you please let me know if you have clients who are asylum applicants with work authorization who were denied Cash Assistance after the 17 TA/DC-047 policy was issued on Nov 21, 2017? If yes, did they receive the old CNS notice that doesn’t include this group?

RESOURCES

·NYC Free Tax Prep Sites (with filter for language): The official NYC map of free tax sites is up now, too. You can sort by language on the left and you can translate the site into other languages with the Google Translate widget in the bottom right.

·AIC: Use of Parole Under Immigration Law.

·AILA: Practice Alert: Filing DACA Renewal Applications in the Wake of 1/9/18 Court Ruling

·AILA: Motions Practice in Immigration Court

·AILA: Non-Court Removal Orders and How to Challenge Them

·What you should know about applying for or renewing your Medicaid coverage through NY State of Health if Deferred Action for Childhood Arrivals (DACA) is Rescinded

·Update to Form I-912P, HHS Poverty Guidelines for Fee Waiver Request

·Update to Form I-942P, Income Guidelines for Reduced Fees

·Post-Asylum Refugee Resettlement Referral Reminders: Refugee Resettlement programs are able to enroll asylees in specialized resettlement services – case management, employment help, educational assistance, and financial assistance for those who qualify. Please refer people with the following statuses:Asylees, Derivative asylees. Certified Victims of Trafficking (T-Visa can be pending), Special Immigrant Visa (SIV) holders from Iraq and Afghanistan,Refugees who have moved to NY, Cuban/Haitian Entrants and Parolees. Please refer as soon as possible after the date of status, preferablywithin 31 daysof the status date.When referring,please send an email to:, ndprovide the following, if available: Client name, Phone# and/or email,Date of status/arrival,Language(s),City of residence, Age, # of people in the case. (See flyer attached)

EVENTS

·1/31/18 NY County DA SuppB Meeting 11am-noon, 80 Centre Street, Fl 5, FJC RSVP.

·1/31/18 USCIS Invitation: Human Trafficking Indicators and Immigration Options Available to Victims of Human Trafficking Webinar

·2/5/18 NY AILA CLE Deep-Screening for Immigration Relief post-DACA and TPS

·2/7/17 Justice Campaign and Stand With Immigrants Presents Free Immigration Detention Webinar

·2/8/18 Basic Immigration Law 2018

·2/8/18 2 CREDIT CLE: Immigration Law-Hot Topics & Survey For The General Practitioners

·2/9/18 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Immigration Relief 2018

·2/11/18Comedy Benefit for Immigrant & Refuge Rights

·2/13/18Pointers for Success at Points of Entry on the Northern Border

·2/17/18Real People. Real Lives. Women Immigrants of New York at Queens Museum

·2/18/18Black History Month 2018 Race and Immigration Film Series

·2/23/182018 Immigration and Asylum Law Conference (Federal Bar Association and New York Law School)

·2/26/18New Sanctuary Coalition ACCOMPANIMENT TRAINING John Bowne H.S.

·03/14/18Reopening Cases for Justice: Basic Rules and Advanced Strategies for Motions to Reopen in Immigration Cases

·4/12/18AILA 2018 Removal Defense Conference and Webcast

·4/30/18 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)

ImmProf

Sunday, January 28, 2018

·WA State Revises Driver License Requirements in Defiance of ICE

·CLINIC Report on TPS for Syria

·Something to Look Forward to? Immigration tops the list of issues for Trump's first State of the Union

Saturday, January 27, 2018

·Trump's Travel Ban Turns One

·American Immigration Lawyers Association "Quick Take" on The President's Immigration Proposal

Friday, January 26, 2018

·Federal immigration agents say there will be more workplace raids like 7-Eleven

·The Poison Pill(s)? Trump Immigration Plan Demands Tough Concessions From Democrats

Thursday, January 25, 2018

·Wrapping Up "Immigrant Priorities"

·Alvaro Huerta: No Deal on “S---hole" Border Wall!

·Back to the Future? Shifting Gears, Trump Administration Launches High-Profile Worksite Enforcement Operations

·NAACP Files Lawsuit Against U.S. Department of Homeland Security in Response to Removal of Temporary Protective Status for Haitian Immigrants

·Michael Dorf: Travel Ban 3.0 Heads to the Supreme Court: Win or Lose the Battle, the Resistance is Winning the War

Wednesday, January 24, 2018

·Feds Demand Records Related to ICE Cooperation from 23 Counties

·New Materials for Teaching About Diversity Immigrants

·Immigration Article of the Day: Local Action, National Impact: Standing Up for Sanctuary Cities by Christine Kwon & Marissa Roy

·Supreme Court to Consider Immediate Review of District Court Injunction in DACA Case

·Merit-based Immigration: The Value of Workers from All Countries

·Counties with the Highest Growth in Immigration Court Backlog

Tuesday, January 23, 2018

·Searching Twitter

·Humanitarian Volunteer Arrested for Providing Food, Water to Migrants

·Video shows Border Patrol officers asking Greyhound passengers for IDs, taking woman into custody

·Immigration Article of the Day: Contiguous Territories: the Expanded Use of Expedited Removal in the Trump Era by Geoffrey A. Hoffman

·Immigration Article of the Day: "Refugees, Rights, and Responsibilities: Bridging the Integration Gap" by Megan J. Ballard

Monday, January 22, 2018

·Your Afternoon Spit-take

·Breaking News! Senate leaders reach a deal to reopen government, with vote scheduled today

·U.S.: 9 of 10 deportations are of noncitizens from Mexico, Guatemals, Honduras, and El Salvador

·America Has a Foreign Tourism Problem

·ICE Targeting of Immigrants' Rights Movement Leaders

·WaPo: Immigrants Reluctant to Seek Health Services Due to Fear of Deportation

·ICE and Super Bowl 52

·U.S. Government Shutdown: Throwing Gasoline on the Fire?

AILA NEWS UPDATE

Daily Immigration News Clips – January 26, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 26, 2018

National

San Francisco ChronicleAs H-1B applications get under way, foreigners face new challenges By Trisha Thadani

Globe and MailThe big catch in Trump's 'Dreamers' plan: A bid to restrict legal immigration By Joanna Slater

New York TimesThe Facts Behind the Weaponized Phrase 'Chain Migration' By Linda Qiu

ReutersTrump rolls out plan for path to citizenship for 1.8 million 'Dreamers'

The Washington PostTrump supports path to citizenship for up to 1.8 million 'dreamers' in new White House proposal By David Nakamura and Sean Sullivan

APTrump plan offers citizenship path to 1.8 million immigrants By Zeke Miller, Jill Colvin, and Alan Fram

New York TimesTrump Immigration Plan Demands Tough Concessions From Democrats By Michael D. Shear and Sheryl Gay Stolberg

Wall Street JournalTrump Proposes Citizenship for Dreamers in Exchange for Wall, Other Concessions By Michael C. Bender

The Washington PostWhy Breitbart's shot at 'Amnesty Don' is significant By Callum Borchers

PoliticoRubio rejects bipartisan immigration gang By Burgess Everett

PoliticoWhite House jumps back into Dreamer battle with citizenship offer By Rachael Bade, Burgess Everett, and Lorraine Woellert

The Hill11 people who will shape the immigration debate By Rafael Bernal and Mike Lillis

The HillHatch bill would dramatically increase H-1B visas By Ali Breland and Brett Samuels

The HillSix months in, Kelly emerges as policy force By Jordan Fabian

VoxThe immigration deal Trump's White House is floating, explained By Dara Lind

VoxActivists got Democrats to shut down the government. Can they do it again? By Ella Nilsen

VoxWhat Mitch McConnell actually promised on DACA By Dylan Scott

AxiosThe White House talking points on their immigration plan By Erica Pandey

Bloomberg PoliticsCruz Blasts Citizenship Path for Dreamers Suggested by Trump By Sahil Kaput

NewsweekTrump's Friends at Breitbart Brand Him 'Amnesty Don' Over DACA Comments By Harriet Sinclair

New York Magazine5 Reasons an Immigration Deal Will Be Crazy Hard to Achieve By Ed Kilgore

Buzzfeed NewsThe White House Says It Supports Giving Citizenship To 1.8 Million DREAMers By Adolfo Flores

SalonOnce again, Donald Trump's stance on immigration undercut the White House By Matthew Rozsa

PoliticoDemocrats will fill balcony with 'Dreamers' for State of the Union By Lorraine Woellert

CNNWhat we know about who is enrolled in DACA By Sam Petulla

Roll CallImmigration Crackdown Raises Fears of Seeking Health Care By Rebecca Adams

ReutersSyrians with temporary U.S. protection brace for Trump decision By Yeganeh Torbati

The InterceptTrump Administration Weighs Whether to Extend Protections for Thousands of Syrians By Maryam Saleh