April 20, 2023

Sources: Garland Appoints New Chief Immigration Judge

The Hon. Paul Wickham Schmidt reports: "Sources report that A.G. Merrick Garland has appointed  Judge Sheila McNulty  to be the Chief Immigration Judge at EOIR. Previously, she was the Regional Deputy Chief Immigration Judge.   The position had been vacant since the resignation of the previous Chief Immigration Judge, Tracy Short, in July 2022. Unlike Short, who came from ICE with no prior judicial experience...

April 17, 2023

Harvard President: We Limit Immigration "At Our Peril"

Miles J. Herszenhorn, Claire Yuan, Harvard Crimson, Apr. 17, 2023 “We limit immigration, I believe, at our peril,” Bacow said. “Why? Because first of all, immigration furthers our national interest, but perhaps even more importantly, immigration defines our national identity.” Bacow pointed to his own identity as the son of Jewish refugees who arrived in the U.S. without demonstrable skills, resources, or fluency in...

April 17, 2023

Immigration Key to Growth, Controlling Inflation

Rana Foroohar, Financial Times, Apr. 16, 2023 "Immigration is back, in the US at least. Over the past two and a half years, immigration into the American labour market has increased by 4mn workers, and the working age immigrant population has now finally reached its pre-pandemic trend level. This is likely to be a central factor in strong employment growth, particularly in leisure and hospitality. It is also part...

April 16, 2023

Experts on Labor Shortages, Visas

Kimberly Adams, Marketplace, Apr. 14, 2023 "Even if the economy is cooling off a bit, the labor market is still pretty hot. And in many parts of the economy, labor shortages remain a big problem. This is particularly acute for those businesses looking to hire seasonal workers this summer. Between low unemployment and tight caps on worker visas, summer hiring is going to be tough. ... It’s been tough to staff summer...

April 14, 2023

Investigation Slams H-2A Guest Worker Visa Program

Tina Vásquez, Prism, April 14th, 2023 "This ... is the backstory on why abuse and exploitation are baked into the H-2A program and how migrant workers who pursued legal remedies regarding millions of dollars in stolen wages ultimately had their hard-earned money pocketed by the U.S. government."

April 13, 2023

DOS, DHS Announce Enhancements to the Central American Minors Program

DHS, Apr. 12, 2023 "The Department of Homeland Security (DHS) and the Department of State are announcing changes to enhance the Central American Minors (CAM) program. These changes build on the Biden-Harris Administration’s continued efforts to provide alternatives to perilous and irregular migration to the border. The CAM program allows certain individuals in the United States to request access to the U.S. Refugee...

April 12, 2023

ABA Webinar - Citizens of Nowhere: Representing Stateless Clients in Immigration Court

ABA "During this webinar, panelists will educate immigration practitioners on how to recognize and represent stateless people in the US immigration system. There are an estimated 218,000 stateless individuals living in the United States, but there is no federal definition of statelessness, nor are there any specific protections for stateless people under the law. As “citizens of nowhere,” stateless people face...

April 12, 2023

Webinar: The Impacts of U.S. Immigration Enforcement on Child Migration and Labor

Georgetown University, Apr. 18, 2023 "Tuesday, April 18, 2023 10:00 a.m. - 11:30 a.m. EDT Location: Online (Zoom) In February 2023, the  New York Times  published “ Alone and Exploited, ” a harrowing article on the experiences of newly-arrived migrant children in the United States who are often exploited for their work in dangerous jobs that violate child labor laws. Having crossed the U.S. southern...

April 12, 2023

EOIR to Host Listening Sessions Seeking Input on Enhancing Pro Bono Representation

EOIR, Apr. 12, 2023 "SUMMARY: The Executive Office for Immigration Review (EOIR) will host six listening sessions to facilitate conversations with law school clinical communities nationwide about creating best practices for practical and clinical representation and empowering immigration judges and staff to leverage the pro bono resources law schools provide. EOIR’s objective is to build the capacity of representation...

April 10, 2023

On the Reinterpretation of (Arguably) Ambiguous Statutes

Cyrus D. Mehta and Kaitlyn Box, Apr. 10, 2023 "The Second Circuit in  Garcia v. Garland  upheld the BIA’s decision not to grant administrative closure under  Matter of Castro-Tum , despite the fact that that the case has since been overruled. Matter of Castro -Tum , a Trump era decision, held that Immigration Judges (IJs) and the Board of Immigration Appeals (BIA) do not have the authority to administratively...

April 07, 2023

New NM Law Protects SIJs

Fallon Fischer, CBS, Apr. 6, 2023 "New Mexico Gov. Michelle Lujan Grisham on Wednesday signed into law House Bill 15 , which allows young immigrants to stay in New Mexico if returning to their home country is not safe. House Bill 15 establishes a Special Immigrant Juvenile classification, which would allow immigrant children under the age of 21 to seek lawful permanent residence in New Mexico if they are abused...

April 06, 2023

ICE arrests former Salvadoran Army officer in New Jersey accused in El Mozote massacre case in El Salvador

DHS, Apr. 6, 2023 "U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) officers with the assistance of Homeland Security Investigations (HSI) agents arrested a Salvadoran national on April 4 for assisting or otherwise participating in extrajudicial killings and for willfully misrepresenting this material fact in his immigration application. Roberto Antonio Garay Saravia is a...

April 04, 2023

ICE's Detention Numbers Creep Upward

TRAC, Apr. 3, 2023 "According to the latest data released by Immigration and Customs Enforcement (ICE), detention numbers creeped upward in recent weeks while alternatives to detention numbers continue to decline. TRAC has also implemented new user improvements for Quick Facts where these data are made more accessible to the public. ICE’s latest numbers show that a total of 26,898 immigrants were held in detention...

April 03, 2023

A Roadmap For Immigration Reform

Dany Bahar, Greg Wright, Brookings, Mar. 27, 2023 "The last time the U.S. enacted major immigration reform was the Immigration Reform and Control Act in 1986. Since then, little has been done to fix what has become a broken system despite heated debate at the national, state, and local levels. Unfortunately, the immigration debate has also become increasingly disconnected from the exigencies of the U.S. economy...

April 03, 2023

CBP's Electronic Border Wall

Hilary Beaumont, Mar. 3, 2023, The Guardian "A new  map  detailing the location of hundreds of surveillance towers is providing the most comprehensive public look yet at the growing virtual wall at the United States’ southern border. The map, published this month by the Electronic Frontier Foundation, a non-profit focused on digital privacy, free speech and innovation,   tallies   more than 300 existing and 50...

March 30, 2023

PRIMER: Immigration Enforcement Mechanisms at the U.S. Border

ABA Commission on Immigration (updated Mar. 29, 2023) "NOTHING CONTAINED HEREIN IS TO BE CONSIDERED AS THE RENDERING OF LEGAL ADVICE FOR SPECIFIC CASES, AND READERS ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE FROM THEIR OWN LEGAL COUNSEL. THESE MATERIALS AND ANY FORMS AND AGREEMENTS HEREIN ARE INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE MATERIALS CONTAINED HEREIN REPRESENT THE OPINIONS OF THE AUTHORS...

March 29, 2023

Garland Seeks Funding for More Immigration Judges

Masood Farivar, VOA, Mar. 29, 2023 "The U.S. Justice Department is going on a hiring spree for immigration judges in hopes of easing an intractable case backlog. In its budget proposal for the fiscal year 2024 that starts October 1, the department is seeking $1.46 billion for the Executive Office for Immigration Review, a subagency within the department tasked with adjudicating immigration claims. The request represents...

March 27, 2023

Experts Push Back Against Biden's Proposed Asylum Transit Ban

Comments on the Proposed Rule by DHS and EOIR on Circumvention of Lawful Pathways, CIS No. 2736-22; Docket No: USCIS 2022-0016; A.G. Order No. 5605-2023 Here is the comment by the Round Table of Former Immigration Judges .  Key takeaway: "[T]he proposed rule exceeds the agencies’ authority by seeking to create a ban on asylum that contradicts Congressional intent and international law. As former Immigration Judges...

March 23, 2023

Artificial Intelligence and Immigration Law

Here is an interesting article by immigration attorney Jason Dzubow. And here is an informative collection of links from LexisNexis.

March 22, 2023

Border Land, Border Water: A History of Construction on the U.S.-Mexico Divide

In my view, this is one of the key books about the U.S. - Mexico border.  See also, this interview and this video .

March 22, 2023

EOIR is Hiring Immigration Judges!

E-mail from EOIR, Mar. 22, 2023 -  "1. Sign up to attend a Recruitment Outreach Session – on March 23 and on March 30,  sign up to attend a live webinar , where we’ll be explaining how to become an immigration judge. The hour-long sessions are moderated by assistant chief immigration judges, with time for Q&A at the end. 2. The next immigration judge job opportunity announcement is scheduled to open in early...

March 21, 2023

CBP Is Expanding Its Surveillance Tower Program at the U.S.-Mexico Border–And EFF Is Mapping It

Dave Maass, EFF, Mar. 20, 2023 "To provide researchers with the tools they need to analyze the impact of U.S. border security policy, EFF is releasing a new map and dataset of more than 290 surveillance towers installed by Customs and Border Protection (CBP) along the border with Mexico. Compiled using public records, satellite imagery, road trips, and even exploration in virtual reality, EFF's data serves...

March 18, 2023

Pathways for Terminated H-1B Workers Who Want to Become Entrepreneurs

Cyrus D. Mehta, Jessica Paszko, Mar. 18, 2023 "The list of options for an H-1B beneficiary who has been laid off is often narrow. At the top of the list sits the most obvious option: find another employer who will sponsor you for an H-1B. Although, in the current job market, which is growing more competitive due to the influx of laid off employees, there simply may not be enough open positions to fill. But laid...

March 17, 2023

Fragomen Gift Will Boost Case Western Immigration Clinic

The Daily Case, Mar. 17, 2023 "Austin (LAW ’68) and Gwendolyn Robosson Fragomen have committed $1 million to help expand Case Western Reserve University School of Law’s impact in the field of immigration law. Their gift will establish the Fragomen Distinguished Practitioner in the school’s Immigration Law Clinic—a position that will greatly enhance the capacity and reach of one of the law...

March 17, 2023

Colorado County Admits Legal Liability, Ending 5-Yr. Battle Over Illegal Imprisonment For Suspected Immigration Violations

ACLU Colorado, Mar. 17, 2023 "After five years of litigation that included a precedent-setting decision by the Colorado Supreme Court and two stops at the Court of Appeals, the El Paso County Sheriff’s Office has finally compensated Saul Cisneros for illegally failing to release him after his daughter posted bail on his pending misdemeanor charges. Cisneros was the lead plaintiff in the ACLU of Colorado’s...