By Kerry Bretz | Published January 21, 2019 | Posted in Immigration Law News | Tagged Tags: government shutdown, immigration courts, Writ of Mandamus | Comments Off on Government Shutdown Leads to Cancelation of Thousands of Immigration Cases
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Government Shutdown Leads to Cancelation of Thousands of Immigration Cases
On December 22, 2018, parts of the government shutdown after Congress and the White House have failed to agree on a spending deal. Three weeks later, the government shutdown continues and, as of January 12, 2019, has been recorded as the longest in U.S. history. The government shutdown has had a negative impact on many Read More
Read MoreFederal Judge Strikes Down Trump Asylum Policies for Domestic and Gang Violence Victims
In a recent ruling, a federal judge struck down several portions of the Justice Department’s policies which made it more challenging for non-citizens to claim asylum due to domestic or gang violence. The judge ruled on the basis that the “expedited removal” policies violated existing immigration law. The policies were originally ordered by former Read More
Read MoreDeportation of Legal and Undocumented Immigrants if Visa or Benefits Denied
Recently, the Trump administration expanded the guidelines for summoning immigrants before an immigration judge. On June 28, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a Notice to Appear (NTA) policy memorandum which provided guidance on when the USCIS may issue Form I-862, Notice to Appear. An NTA is the charging document in a Read More
Read MoreNew York State and Local Police Cannot Detain Non-Citizens for ICE
Recently, a Brooklyn appellate court ruled that local and state police in New York State cannot detain non-citizens beyond their scheduled date of release to turn them over to U.S. Immigration and Customs Enforcement (ICE) officers without a judicial warrant. The case The People, ex rel. Jordan Wells, on behalf of Susai Francis v. DeMarco, Read More
Read MoreNinth Circuit Upholds the Continuation of DACA Nationwide
Recently, the Ninth Circuit upheld a nationwide injunction, keeping the Deferred Action for Childhood Arrivals (DACA) program alive. In September 2017, the Trump administration announced that it was ending the program gradually, over the course of six months, which prompted protests and legal challenges. In 2012, the DACA program was implemented by then-President Barack Read More
Read MoreCoercion at the Border
The Trump administration previously enacted a “zero-tolerance policy,” which prosecuted every adult individual who enters the country by crossing the border illegally. Because of this, children were subsequently separated from their families, as U.S. law has prohibited the prosecution of children at the border. This tactic has left hundreds of helpless children left to fend Read More
Read MoreMillions of Frequent Flier Miles Have Been Donated to Help Families Separated at the Border
The Trump administration had originally ordered the separation of hundreds of families who’ve attempted to come into the United States illegally. The “zero-tolerance policy” that has been enacted by the administration prosecutes every adult individual who enters the country by crossing the border illegally. Since past laws have prohibited children from being prosecuted at the Read More
Read MoreThe Reunification Deadline Passes
Recently, the Trump administration ordered the separation of migrant families at the U.S.-Mexico border to cease. In a lawsuit brought by the American Civil Liberties Union (ACLU) against the United States, Judge Dana Sabraw ordered that all migrant children under the age of five must be reunited with their families by July 10 and that Read More
Read MoreStopping the Separation
In a recent blog post on President Trump’s immigration policy titled “What Happens to Minor Non-Citizens Who Cross the Border Illegally?”, there is mention of President Trump’s “zero-tolerance policy,” which allows those who cross the U.S.-Mexico border illegally to face criminal charges. This policy goes along with Trump’s main campaigning tactic, which was to protect Read More
Read MoreSessions v. Dimaya: How it Applies to Immigration Consequences for Common New York Offenses
Recently, the Supreme Court issued a decision that struck down a provision of the Immigration and Nationality Act (INA) §101(a)(43)(F) that requires the deportation of non-citizens who have been convicted of a “crime of violence.” The case, Sessions v. Dimaya, resulted in a 5-4 majority vote, holding that the federal statute was impermissibly vague and, Read More
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