Keep in mind that
#DACA
is still under challenge
Case is at 5th Circuit, which previously ruled it unlawful
Yesterday, DOJ filed letter saying that SCOTUS' mifepristone standing decision means DACA suit should end--are saying that Texas doesn't have standing to challenge it
.
@ReichlinMelnick
has been shouting this from the rooftops, but for the people in the back:
TRUMP TRIED 212(f) AT THE BORDER
COURTS SAID NO
US asylum laws have not gone away since then--a court could block Biden too.
This is law 101. Lawyers should know better.
FL has updated its complaint (presentation of args) in parole case to say that it will seek temp restraining order (TRO) of releases based on NTAs & own recognizance.
Motion for TRO not filed yet, but if granted would be huge!
US refugee program just hit a major new record!
6 months into FY 2024, the US has admitted more refugees from Latin America & Caribbean than in any previous *entire* year--8,518
Previous high was 1995--7,629
Unaccompanied immigrant children news: the enormous final rule implementing the 1997 Flores Settlement Agreement is out
At 771 pages, it covers kid care by the Office of Refugee Resettlement
🚨Iowa's migrant reentry law was just blocked
Federal district court says Iowa can't take immigration matters into its own hands w/ new law that requires state judges to order noncitizens to leave
BIG increase in Temporary Protected Status population
Congressional Research Service updated their report w/ new estimate: 863,880 as of 3/24
That's up from 698,000 as of 9/24
Covers 16 countries
Biden is on pace to match Trump's deportation total of 1.5 million
But admin is taking a very different approach, focusing on the SW border instead of indiscriminate removals from the interior
My latest for
@MigrationPolicy
w/ Muzaffar Chishti
Biden admin just scored a legal victory in GOP-led case, Arizona v. Garland, against the asylum officer rule
Louisiana judge found that LA & FL didn't have standing to challenge the rule bc couldn't show were harmed by it
Potential implications for other court cases...
Incredible & devastating article about maritime interdictions by
@SethFW
"Even people who are fleeing violence, rape and death, who on land would be likely to pass an initial asylum screening, are routinely sent back to the countries they’ve fled."
My latest, about the border where different rules apply.
Surging numbers of migrants and refugees have arrived at sea. When detained by the US Coast Guard, even young children have no right to asylum and face an uncertain fate.
@propublica
+
@NYTmag
In 2019, I worked on a report for
@UNHumanRights
about the criminalization of humanitarian assistance to migrants. The conclusion: it's "illegal under international human rights law" & countries should stop.
I’ve seen this before in Europe against NGO ships rescuing people literally drowning. Make no mistake: this attack against
@AHouseElPaso
is another attempt to impose fear and criminalize humanitarian responses. But, as in Europe, humanity will prevail.
New parole data--
@DHSgov
's Immigration Statistics Office just came out w/ report on requests from FY 2023 Q1: DHS granted 445,367 paroles*
*not individuals, who could be paroled multiple times
Parole allows person into US temporarily
Oklahoma law enforcement leaders released a joint statement that recently signed HB 4156 authorizing state law enforcement to arrest unauthorized immigrants would deteriorate public trust in law enforcement & pose anti-racial profiling legal challenges
Updated stats on Safe Mobility Offices from State Dept. official:
8% of 60k migrants registered were referred to US refugee program
2400 in Guatemala
1150 in Colombia
1250 in Costa Rica
3 Venezuelan families have arrived in US
281 people referred for resettlement in Spain
New
@USCIS
fact sheet out on historic processing times
Shows progress in some areas, including w/ initial work permits based on asylum applications down to half a month
Naturalization is down to 5.2 months, the lowest since 2016
A broad misconception I keep seeing in media & policy discussions about the
@CBP
One app: it is NOT for
#asylum
appointments. People are just scheduling a day & time to arrive at a port of entry. They cannot apply for asylum at a port, only in the interior
@USCIS
or
@DOJ_EOIR
Title 42 was NOT a panacea for the border
My latest with Muzaffar Chishti & Julian Montalvo looks at the legacy of T42: blocking asylum access, increased recidivism & gotaways, & mostly used against single, Mexican & Central American adults
Ahead of any parole in place (PIP) announcement tomorrow, good to keep in mind that PIP has been around since the Clinton administration.
Also, a PIP application process already exists. It's for family members of military members & veterans:
Another reminder of how dated the US immigration court system still is
EOIR just announced "Respondent Access Portal" where migrants can view case info online
Before, only registered attorneys could use the online system, which meant unrepped people were at a big disadvantage
🚨 DOJ wins an injunction blocking Texas from putting SB4 into effect and creating its own deportation system.
The Court emphasizes that states "may not exercise immigration enforcement power except as authorized by the federal government."
Order here:
Still shocked by the SCOTUS decision Campos-Chaves v Garland from last week
Says is ok to order people deported if the govt. "eventually" tells them the time & place of their hearing
"The Government concedes that none of them received a compliant NTA"
FL is saying that releasing people from border w/ NTAs & on their own recognizance, instead of detaining them all, is like parole + alternatives to detention policy. Saying violates Admin Procedures Act
State Dept. told
@AILANational
in March that Stateside Visa Renewal Pilot Program for H-1B workers had average turnaround time for approved applications of under 2 weeks, less than anticipated 4-6 weeks
State said will consider expanding the program
Big
#asylum
ban litigation update🧵
@DHSgov
filing in DC case includes latest stats on credible fear pass rate & more. Takeaways: far fewer people found eligible for asylum & expedited removal
#s
hitting record highs
Credible fear pass rate down to 59% from 85% pre-pandemic
This is why US asylum grant & denial rates do NOT show how many people are actually eligible for asylum
Immigration courts are not deciding the majority of asylum cases on the merits. Rather, they are closing them out *with ICE's agreement* due to a lack of resources
Crucially, we find that the majority of cases where the immigrant filed for asylum are getting closed out without receiving a decision based on the asylum application. In fact, so far in FY 2024, fully 65% of asylum apps are never actually adjudicated before case completion.
A record 1.9 million migrants have entered the U.S., received authorization to do so, or are present via a twilight status that does not automatically confer a path to permanent residence, but temporarily shields recipients from deportation for 1 yr+
Also reiterating that no matter what kind of "shutdown" trigger there is--the US still needs to screen people for Convention Against Torture protection
US law says that we canNOT send people back to countries where they would face torture
We're still keeping a close watch on this for next week. The two most important thing to know for now is that (1) regardless of what the order *says,* implementation will likely be different due to operational considerations, and (2) keep an eye on Mexico's role, which is key.
Texas wasted no time! Appeal already filed in buoy case
Hope Fifth Circuit Court of Appeals will overturn lower court's injunction ordering state to move buoys by Sep. 15
As many call for Biden admin/
@DHSgov
to grant recent migrant arrivals work permits right away, need to remember that US law does not allow asylum seekers to receive employment authorization until 180 days after asylum app is filed--would require Congress to pass new law
In a new report, We Couldn't Wait,
@hrw
found that the CBP One phone app is effectively mandatory for asylum seekers
Says app & Biden admin's asylum ban rule violate int'l law & channel more money to smugglers
.
@steve_vladeck
has made this point--worth amplifying bc there is still a lot of confusion--SCOTUS' razor wire decision Monday was narrow. It was just about
@CBP
's ability to cut the wire
The Biden admin has not sued to stop Operation Lonestar or the blocking of Shelby Park, yet
Texas has made its intent clear: it does not want federal officials to process migrants in this city-owned park.
The Biden administration has given Texas until tomorrow to say it will grant Border Patrol full access to the park.
Judge Tigar in CA just ratified
#Afghan
asylum suit settlement b/w
@NIJC
&
@USCIS
in a big way--settlement was approved as is, judge used parties' proposed order & gave kudos to the mediator.
Means USCIS
#asylum
division is now on the clock for adjudication & reporting deadlines
Big news for
#Afghan
asylum seekers:
@NIJC
&
@USCIS
reached a settlement in case on adjudication of asylum applications. Would require benchmarks for completing cases & reports on progress. Needs to be approved by Judge Tigar in CA, same judge that found
#asylum
ban rule unlawful
Potential big shift in US border policy?
In metering case Al Otro Lado v Mayorkas, filing says that per guidance for Office of Field Operations, unless a migrant is excepted from Secure the Borders rule, won't "be permitted to cross the int'l boundary"
Sounds like turnbacks
Highlighting
@MLaCorte_
's point, we included in our recent piece data showing that FY 2023 refugee admissions, 60k, were highest since Obama's last year in office when 85k arrived. Arrivals in FY24 are on track to pass that & hit highs of the 90s
Another item: 7,000 refugees were resettled in the month of December according to new State Department data. After three months of FY24 data, the U.S. is now on pace to resettle more refugees this year than in any year since 1995. Source:
Quick immigration litigation updates, courtesy of
@jactioncenter
:
Texas razor wire case is at 5th Cir. Appellate court & briefing will conclude in May
TX appealed Cuba, Haiti, Nicaragua & Venezuela parole program decision. No briefing schedule yet
TX border wall case ongoing
Trump's bar on entry rule came out 11/9/2018. A district court in SF blocked it 10 days later. 9th Circuit upheld that ruling. SCOTUS declined to stay the ruling.
In a separate case in DC, another judge found the rule unlawful.
See
@SarahPierceEsq
&
@jessicabolter
's report
Lee Gelernt, an American Civil Liberties Union lawyer who successfully convinced federal judges to halt the Trump administration’s asylum ban, told me the government would likely be sued again if Mr. Biden issues a similar order.
New
#asylum
data from
@USCIS
show:
413k affirmative applications filed FY23 as of 9/16
40k cases completed
993k pending cases
132k credible fear screening referrals
New filings in Miami far outpaced other jurisdictions--125k
Shows interview & case results
More
#DACA
action: red led states just advised court that they will file reply to govt. &
@MALDEF
notices about
#SCOTUS
decisions on standing on 7/14. Seemingly pushes Hanen's decision on legality of program back into August at least
Wow the CHNV exhibits are a data gold mine. Long thread ahead. From DOJ &
@DHSgov
exhibit--Unauthorized immigrants encountered by US Border Patrol at SW border Jan. 2021 - Mar. 2023:
356k Cubans
71k Haitians
299k Nicaraguans
271k Venezuelans
Total: 996k
🚨Texas buoy case: Appeals court says state does NOT have to move buoys in Rio Grande River (yet)
5th Circuit Appeals Court continued its pause of the lower court order that Texas pay to move buoys to US side of riverbank by 9/15
Expedited case - hearing will be scheduled soon
Unaccompanied children data from Office of Refugee Resettlement is out--DHS referred 119,000 kids in FY23
Guatemala still top nationality, 42%
Honduras 28%
El Salvador 9%
Mexico 8%
All other countries jumped to 13%
Highest % of kids 0-12 since 2014, 19%
In 11 months,
@DHSgov
removed or returned 660,000 migrants (May 12, 2023 - April 3, 2024)
That's more than any full fiscal year since 2011, when there were more than 715,000 removals and returns
Still pulling out stats from my article about Title 42:
My recent article highlights how important diplomacy has been to the Biden admin's efforts to increase deportations
Has facilitated removals & returns to 170+ countries, which appears to be a record
Flights to some countries have doubled or tripled
DHS says it just sent the first large charter deportation flight to China since 2018.
Background on Chinese migration across southern border to US and efforts to coordinate removals:
Heading into the week we are anticipating: 1. decision from CA court on
#asylum
ban; 2. DOJ to file suit against TX re buoys; 3. decision in FL parole case from 11th Cir.? 4. lower ct in border wall case also has yet to rule on ? of forcing Biden admin to keep building; 5.
#DACA
?
During Title 42:
-Migrant encounters went down for 2 months, then went back up & have stayed high since
-Recidivism went from 7% in 2019 to 27% in 2021, even higher for Mexicans & Central Americans
More from my new piece for
@MigrationPolicy
on T42
Just out--
@colleenputzlkav
, Muzaffar Chishti & I wrote about Biden's 3rd year of immigration actions for
@MigrationPolicy
A record ~2.3 million migrants in the US hold liminal statuses that don't provide a path to green cards, including
#DACA
& TPS
Sharing this
@MigrationPolicy
piece about the Darien Gap as I am about to cite it, w/ thanks to
@JuanPappierHRW
&
@yatescait
"How the Treacherous Darien Gap Became a Migration Crossroads of the Americas"
More than 80,000 people crossed the Darién Gap in August— more than any other month on record.
@yatescait
and I wrote a piece for
@MigrationPolicy
explaining what is happening— and what governments should do about it.
Read here:
Hearing date set for 8/22 in TX buoy case--judge will hear arguments on
@TheJusticeDept
's motion for a preliminary injunction--request is that TX be ordered to take down the water barrier
🚨 Asylum ban ruling from the 9th Circuit is out. Case is paused while parties negotiate a settlement.
But includes a dissent from Judge Van Dyke, who would have blocked the rule from going into effect.
Takes admin to task for the "about face"
#DACA
RULED UNLAWFUL, AGAIN
Texas judge just found that Biden admin rule codifying DACA program is materially same as past program & unlawful
Existing injunction now includes new rule--seems current DACA holders can keep status, for now
My new report for
@MigrationPolicy
looks at the US protection system, which still has the goal of providing refuge for those in need.
But the asylum system is completely overwhelmed & people who need protection are not getting it
Trump's bar on entry rule came out 11/9/2018. A district court in SF blocked it 10 days later. 9th Circuit upheld that ruling. SCOTUS declined to stay the ruling.
In a separate case in DC, another judge found the rule unlawful.
See
@SarahPierceEsq
&
@jessicabolter
's report
Latest
#DACA
delay is official--judge just granted motions for leave to file supplemental authority, meaning additional info to be considered in decision on whether program can continue. Unclear how much longer will prolong things
Post trial briefs for Cuba, Haiti, Nicaragua & Venezuela case are in. 1st line govt.'s proposed findings of fact "economic & political instability around world is fueling highest levels of migration since WWII, testing immigration systems of many nations, including the US"
New proposed rule officially published today would codify judges' authority to manage their own caseloads--a critical step towards addressing backlogs, as we highlighted in recent
@MigrationPolicy
report on
@DOJ_EOIR
NEW! The Biden admin is proposing to rescind an enjoined Trump rule that stripped authority from immigration judges to manage their dockets, limited remands, and required simultaneous appellate briefing.
This new rule also codifies admin closure and discretionary termination!
Safe Mobility Office news from ministerial meeting w/ Secretary of State Blinken: Guatemala will expand access to Hondurans, Salvadorans & Nicaraguans (currently only for Guatemalans)
Will ask Congress for $578 million for Western hemisphere countries
@TheJusticeDept
Judge: "chaos" at the border is "problem of Defendants' [admin] own making bc they effectively incentivized "irregular migration"...through policies that prioritized ATDs over actual detention. "If it is 'sabotage' for a court to tell govt. it must comply w/ law, so be it"
DHS has hired more than 300 refugee officers & "has more than tripled the size of its refugee officer corps. In the first half of 2024 alone, these refugee officers interviewed more than 80,000 refugee applicants overseas."
The US will resettle 100k refugees this FY, the highest # in 3 decades. This fact sheet explains this enormous success story and how the admin rebuilt state capacity to resettle refugees 4 years after an all-time low thanks to Trump cuts & Covid impacts.
Buffalo is setting up a resettlement program for migrants in shelters w/ Jewish Family Services
“What we’ve been saying for a long time is, in the long run, housing people is cheaper than keeping them in shelter,” said Murad Awawdeh
@thenyic
Big news--a new T visa rule is out today
It contains a bona fide determination process for trafficking survivors--migrants can now get deferred action while they wait, like U visa applicants
[there's a typo in the title, should be T nonimmigrant status]
Texas razor wire case hearing set for 11/27 - when judge will hear arguments re extending order not allowing CBP to cut wire
TX & DOJ also asked for conference on 11/21 to discuss doc production & extending order
Texas razor wire case updates:
1. temp. order prohibiting
@CBP
from cutting wire except in emergencies extended to 11/27
2. judge ordered CBP to turn over related emails from 2021 on
3. CBP said can't bc get millions of emails, has 14 attorneys searching for relevant ones
Maritime migration to US gets less attention than border w/ Mexico but
#s
have been rising & 2022 was deadliest in recent history w/ 300+ deaths recorded in Caribbean
@colleenputzlkav
, Muz Chishti & I wrote about trends & Biden admin regional approach
@CBP
"generally, CBP hands out 1 bottle of water & 1 pack of crackers to each migrant each day"
Judge stated "This is not an 'appropriate' provision of food for children"
notes that before DHS HQ visited Jacumba site, CBP processed most migrants in 2-3 days
"Texas told the full 5th Circuit on Wed. that Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country"
SCOTUS TX v US case on DHS enforcement priorities is also up, ct finds states lack standing so ICE gets back prosecutorial discretion memos. Huge deal for US imm policy!
#SCOTUS
US v TX case update--decision has been sent to 5th Cir., so
@DHSgov
is one step closer to getting prosecutorial discretion memo back. TBD how much longer will take to send it to lower ct in TX
Alright the
#DACA
appeal is moving forward. DOJ &
@MALDEF
just filed notices seeking 5th Circuit review of lower court's Sep. 13 order & injunction that found program unlawful.
Parties will need to brief the appeal so could be a while before get to decision time again
In case you missed it, here is the recording from today's webinar on
@MigrationPolicy
's report on
@DOJ_EOIR
, the immigration courts.
David Neal said that expects to receive 1 million new cases in fiscal year 2023
Recording
Report
Senate bill would hugely expand
@USCIS
role in border & asylum processing w/ thousands new officers who would screen & decide asylum cases. Cuts judicial review out of asylum proceedings. Instead, USCIS would have a new appellate board w/ 3 person panels & do fast reviews
A new filing in Cuba, Haiti, Nicaragua & Venezuela parole case by
@IlyaSomin
&
@CatoInstitute
highlights little understood point--decision could impact Uniting for Ukraine program too bc is based on same authority
The Flores case on the detention of migrant children continues w/ an order for
@CBP
to process kids at open-air sites along the border faster
*Original Flores complaint was filed in 1985*
Case docket:
Yesterday's order:
The federal government is required to “expeditiously” house migrant children who cross into the U.S. unlawfully, rather than allow them to remain in unsafe open-air sites along the border, a federal judge ruled Wednesday night.
In letter to congress on
#DACA
,
@USCIS
Director Jaddou: "I urge you and your colleagues in Congress to act swiftly to enact legislation to provide permanent protection that the American people want, and Dreamers have earned."
Processing time for renewal apps & EADs is 1 month
After a long day, I now have the chance to recap what we are waiting for
#immigration
litigation wise this week: still
#DACA
(did anyone forget amidst T42?) & SCOTUS decision on prosecutorial discretion. Tn likely to get FL decision maybe finding
@DHSgov
in contempt(!) re parole
USCIS has made progress on initial Venezuela Temporary Protected Status applications w/ processing times down to 13.5 months from 20 months in September
Transcripts from Cuba, Haiti, Nicaragua & Venezuela parole program trial linked here:
Thanks to
@jactioncenter
&
@KarenTumlin
for posting
See below for excerpt of legislative history re parole
Transcript--record of Cuba, Haiti, Nicaragua & Venezuela parole program trial now filed w/ the court in Texas--not available to public online for 90 days. A party could get it but needs to redact personal info. Could get decision in case sooner than that. Last briefs due 10/27
In new filing, CHNV parole trial parties propose longer schedule, taking briefing into end of Oct., at least. GOP states &
@TheJusticeDept
propose Oct. 27, intervenors
@jactioncenter
+ want Nov. 10. Either way, no decision on case until Nov. now seemingly
Per
@NatImmForum
: Jan. 2024 refugee admissions of 9,200 were highest in almost 8 years. Say last time US resettled >9k in one month was in Oct. 2016 "The four month total of refugee arrivals for FY 2024 is 30,993."
I am now at the
@AILANational
Spring Conference in DC & AILA members cheered
@cisombudsman
recommendation that
@USCIS
change I-485 receipt notices to show green card applicants are work & travel authorized.
@J_Gelatt
got into this in her recent report
Can't wait to read this.
@USCIS
should grant more asylum cases & process them faster
In FY 2023,
@DOJ_EOIR
received 13k affirmative asylum cases. Judges granted 8k of those--63%
Shows that USCIS could have granted many of those cases the 1st time around
With the U.S. asylum system straining and in crisis, a modest suggestion: Approve strong cases faster. I’m happy
@GeorgetownLJ
will publish the full article showing how this can work. I’ll try to get a draft up on SSRN soon.
Major
#asylum
ban rule litigation updates: appeals court could find rule unlawful mid-Oct. onwards
9th Circuit scheduled hearing for 11/7 but also put parties on notice that could decide beforehand, based just on the briefs
Ordered those due 9/7, 10/5 & 10/12
It's frustrating to see immigration experts repeat variations of the line: "so few people get asylum now--that is why we should tighten standards"
Lack of capacity for processing apps = low grant numbers
Which is NOT the same as people not being eligible for asylum
Among other state & local actions on
#immigration
, FL's new law seemed particularly likely to draw a challenge &
@immcouncil
et al have now filed in Miami. Seek permanent injunction of Sec. 10 on transportation. In other local update,
#Mexico
sent complaint re TX river barrier...