June 29, 2020

Cyrus Mehta: The Real Threat to the US Economy Is...

Cyrus Mehta, Kaitlyn Box*, June 27, 2020 The Real Threat to the US Economy is Trump’s Proclamation, Not the Nonimmigrant Workers it Bans "President Trump has mastered the Dark Arts of immigration bans. On June 22, 2020, Trump signed yet another  Presidential Proclamation  further restricting immigration into the United States. The new proclamation is an extension of the  previous proclamation issued on April...

June 29, 2020

Immigration Enforcement Spending and Practices Attract Scrutiny

Muzaffar Chishti and Jessica Bolter, MPI, June 25, 2020 "...[T]he muscular nature and shielding from accountability that Americans have come to accept as problematic—and increasingly unacceptable—with respect to local law enforcement are equally valid in the case of immigration enforcement. The federal budget for immigration enforcement agencies has ballooned dramatically in the post-9/11 period, and their practices...

June 29, 2020

Judge Orders ICE To Free Detained Immigrant Children Because Of COVID-19

Vanessa Romo, NPR, June 26, 2020 "Citing the unrelenting spread of the coronavirus, a federal judge has ordered that all children currently held in U.S. Immigration and Customs Enforcement custody for more than 20 days must be released by July 17. U.S. District Judge Dolly Gee of California issued the scathing order Friday afternoon , saying the Trump administration had failed to provide even the most basic health...

June 26, 2020

USCIS to Furlough 13,000 Unless Congress Provides $1.2B Bailout

USCIS, June 25, 2020 "U.S. Citizenship and Immigration Services Deputy Director for Policy Joseph Edlow issued the following statement on the agency’s fiscal outlook due to the COVID-19 pandemic: “The effects of the coronavirus pandemic are long reaching and pervasive, leaving few unscathed in its wake. USCIS is still experiencing those very effects, which began with an alarming drop in applications at the end...

June 26, 2020

Migratory Notes 169 (June 25, 2020)

Migratory Notes 169 (June 25, 2020) - Ag worker visas up, other worker visas down, immigrant media innovators...and so much more! " In agricultural communities, many migrant students went to work in the fields  when schools closed and classes went online, leaving many with little opportunity to focus on learning, writes Elizabeth for CalMatters. California sisters Maria and Jennifer “missed out on live digital...

June 26, 2020

Cyrus Mehta on DACA and Reliance

Cyrus Mehta, June 22, 2020 "On June 18, 2020, the Supreme Court in  Department of Homeland Security v. Regents of the University of California  ruled that Elaine C. Duke, then-Acting Secretary of the Department of Homeland Security (DHS), violated the Administrative Procedure Act (APA) in 2017 when she rescinded the Deferred Action for Childhood Arrivals (DACA) program, in place since 2012, at the direction of...

June 25, 2020

Expert: Trump "Sure to Use" Supreme Court Ruling to Restrict Asylum

Associated Press, June 25, 2020 "The Supreme Court on Thursday strengthened the Trump administration’s ability to deport people seeking asylum without allowing them to make their case to a federal judge. The high court’s 7-2 ruling applies to people who are picked up at or near the border and who fail their initial asylum screenings, making them eligible for quick deportation, or expedited removal. ... Cornell...

June 24, 2020

The True Costs of Deportation: Julia Preston

Julia Preston, The Marshall Project, June 22, 2020 "... Across the country, hundreds of thousands of American families are coping with anguish compounded by steep financial decline after a spouse’s or parent’s deportation, a more enduring form of family separation than President Trump’s policy that took children from parents at the border. Trump has broadened the targets of deportation to include many immigrants...

June 24, 2020

Taking a Sledgehammer to Asylum: Jeffrey S. Chase

Jeffrey S. Chase, June 23, 2020 "The Trump Administration has repeatedly acted to damage our country’s asylum laws.  Its latest move, expressed in 161 pages of proposed regulations , does so with a sledgehammer.  The proposal claims that “as an expression of a nation’s foreign policy, the laws and policies surrounding asylum are an assertion of a government’s right and duty to protect its own resources and citizens...

June 24, 2020

Taking a Sledgehammer to Asylum: Jeffrey S. Chase

Jeffrey S. Chase, June 23, 2020 "The Trump Administration has repeatedly acted to damage our country’s asylum laws.  Its latest move, expressed in 161 pages of proposed regulations , does so with a sledgehammer.  The proposal claims that “as an expression of a nation’s foreign policy, the laws and policies surrounding asylum are an assertion of a government’s right and duty to protect its own resources and citizens...

June 23, 2020

Expert: "Largest Crackdown on Work Visas"

Michael D. Shear, Miriam Jordan, NYT, June 22, 2020 "President Trump on Monday temporarily suspended new work visas and barred hundreds of thousands of foreigners from seeking employment in the United States, part of a broad effort to limit the entry of immigrants into the country. In a sweeping order, which will be in place at least until the end of the year, Mr. Trump blocked visas for a wide variety of jobs...

June 19, 2020

Expert: Trump Won't Have Time to Cancel DACA Before Election

Nina Totenberg, NPR, June 18, 2020 "In a major rebuke to President Trump, the U.S. Supreme Court has blocked the administration's plan to dismantle an Obama-era program that has protected more than 600,000 so-called DREAMers from deportation. The vote was 5-4, with Chief Justice John Roberts  writing the opinion . ... As for the immediate future of DACA, the consensus among immigration experts is that there...

June 18, 2020

The Supreme Court Rules That Trump’s DACA Rescission Doesn’t Pass Muster

Prof. Peter Margulies, June 18, 2020 "On June 18, the Supreme Court by a 5-4 vote ruled  against  the Trump administration's attempt to rescind the DACA program. In a narrow opinion by Chief Justice John Roberts based on administrative law doctrine, the court stressed the reliance interests of DACA recipients. Roberts found that the administration in its initial 2017 rescission decision had not adequately considered...

June 18, 2020

Migratory Notes 168 (June 18, 2020)

Migratory Notes 168 (June 18, 2020) - #DACA stays — for now, CA sanctuary stands, BLM at the border...and so much more!

June 17, 2020

How To BIBDAILY

I post to Bender's Immigration Bulletin - Daily Edition (aka "BIBDAILY") several times a day. Whenever you need a hit, just refresh www.bibdaily.com . Or wait for the daily email. It's free! Not yet a subscriber? Look for the "Subscribe to Notifications" section on the page and click on "Email digest options." If you have any problems...or suggestions...just let me know. Thanks...

June 16, 2020

EOIR's Disappearing Data: McHenry Stonewalls

TRAC, June 16, 2020 " EOIR Director McHenry Replies To TRAC's Letters But Ignores Agency's Data Troubles Despite TRAC's appeals to the EOIR, Immigration Court records continue to disappear each month. This is unfortunately still the case with EOIR's latest data release. Yesterday, June 15, we finally  received a letter from EOIR Director James McHenry in response . But instead of addressing the...

June 16, 2020

Cuban Doctor With COVID-19 Detained by ICE in Arizona

Daniel Gonzalez, Arizona Republic, June 16, 2020 "Merlys Rodriguez Hernandez, a Cuban doctor seeking asylum at the U.S. currently being detained at the Eloy Center, complained for weeks that she was terrified of being infected by the coronavirus because ICE was not doing enough to protect detainees, said Stephen Yale-Loehr. He is co-director of the asylum appeals clinic at Cornell Law School, which is representing...

June 15, 2020

Expert: "Frankenstein Rule Would Gut Asylum System" (Law360)

Suzanne Monyak, Law360, June 12, 2020 "The Trump administration's proposed overhaul of the U.S. asylum process, calling for more power for immigration judges and asylum officers, could hinder migrants' access to counsel in an already fast-tracked immigration system. ... Stephen Yale-Loehr, an immigration law professor at Cornell University Law School , said that it was as if administration officials took...

June 12, 2020

Migratory Notes 167 (June 11, 2020)

Migratory Notes 167, June 11, 2020 - Stranded visa holders, refugees at a low, dead migrants can’t go home...and so much more...

June 12, 2020

Lawsuit Challenges Naturalization Delays

NILA, NWIRP, June 11, 2020 "Applicants for U.S. citizenship who could not take the oath of allegiance to complete the last step of the citizenship process for months due to the COVID-19 pandemic filed a lawsuit in the Eastern District of Pennsylvania yesterday. The suit asks the federal court to provide them with the ability to immediately take the oath. The lawsuit was filed on behalf of Plaintiffs and a proposed...

June 12, 2020

"EOIR Failed Court Administration 101"

NAIJ, June 10, 2020 "The National Association of Immigration Judges Statement on DOJ OIG Report on Executive Office for Immigration Review Fiscal Year 2019 Financial Management Practices DOJ OIG Report Highlights the Structural Flaw of Entrusting a Law Enforcement Agency with Administering the Immigration Court The United State Department of Justice, Office of Inspector General’s (OIG) June 9, 2020 report,...

June 11, 2020

"The End of the Asylum System as We Know It"

Elliot Spagat, Associated Press, June 11, 2020 "The Trump administration on Wednesday proposed sweeping restrictions on asylum, seeking to align a legal framework with the president’s efforts to limit immigration to the United States. The moves are only the latest in a series of measures that Trump has taken to limit asylum — this time aimed at changing complicated guidelines and procedures governing immigration...

June 10, 2020

ICE Illegally Arrests American Citizen at Protest

Democracy Now!, June 9, 2020 "Immigrant rights advocates are sounding the alarm over the presence of  ICE  — that’s Immigration and Customs Enforcement — agents at some of the demonstrations. Last week, a viral video showed a group of  ICE  agents working with the New York City Police Department to detain a protester at a George Floyd rally in New York City. The Immigrant Defense Project said agents held the man...

June 10, 2020

DOJ OIG Audit Slams EOIR

DOJ OIG, June 2020 "We found weaknesses in EOIR's budget planning process, and identified three factors that contributed to these weaknesses. First, EOIR leadership failed to coordinate effectively with its budget staff and with the JMD on the status and impact of its FY 2019 appropriation. Second, EOIR's FY 2019 budget request, which it began preparing in 2017, did not seek enough funding to cover what...

June 10, 2020

Manipulating Risk: Immigration Detention through Automation

Kate Evans & Robert Koulish, 24 Lewis & Clark Law Review (forthcoming 2020) "The U.S. Department of Homeland Security arrests as many as 500,000 migrants per year and detains more than 350,000 of them through Immigration and Customs Enforcement (ICE). Since 2012, ICE has relied on an automated Risk Classification Assessment (RCA) system to recommend whom to detain and whom to release. The authors are the...