asylum

Immigration in Pandemic Times, Election Edition

The election continues as issues of immigration are being heavily contested. How will our next president approach these serious issues? President-Elect Biden has promised to reinstate DACA and do away with the Muslim ban on his first day in office. His administration is also likely to undo many of the anti-immigrant changes made under Trump. This past Monday, a federal judge blocked the Trump administration’s attempts to enforce a...

Working Without Authorization In Pandemic Times Vol. 2, No. 3

Minority groups continue being targeted during the COVID-19 pandemic, and migrant children and immigrants continue to be discriminated against at the border and throughout the country while top brass at DHS continue to flout the rule of law by occupying their jobs unlawfully. Both the DHS acting and second-in-command Homeland Security Secretaries, Chad Wolf and Ken Cuccinelli, are legally unable to continue working in their roles after a Government...

Immigration in Pandemic Times, Vol. 2, No. 2

The COVID-19 pandemic has persisted throughout the many months of 2020, and not only is the Trump administration still using it as a guise for further restricting immigration, but there are still severe financial repercussions facing many as we continue to battle through COVID-19. The number of deaths in ICE custody is the highest since 2006. As of August 7, the ICE custody death toll for the current fiscal year is...

Immigration In Pandemic Times, Vol. 1, No. 10

In the past week, there have been various criticisms of how ICE and the Trump administration is handling the COVID-19 pandemic as the virus continues to spread. The para-military state is here. U.S. Customs and Border Protection agents invaded the State of Oregon in unmarked vans kidnapping alleged protesters. The Department of Homeland Security says it has the authority and jurisdiction to carry out these extra-judicial kidnappings based on...

Immigration in Pandemic Times Vol. 1, No.8

Using the pandemic as a cover, there have been increasing attempts by the Trump administration to limit immigration to the United States. Read more, below. As of June 22, the USCIS has announced a change to try to stop undocumented immigrants from entering the US illegally. This new rule overlooks intent and instead prevents all undocumented immigrants who entered without legal status from obtaining employment permission when their asylum...

Immigration in Pandemic Times Vol. 1, No. 6

Although many states have begun re-opening businesses and life is starting to return to normal, minorities continue to face the repercussions of the COVID-19 pandemic. A video posted on June 5 shows HSI (Homeland Security Investigations) officers shoving a peacefully protesting, unarmed Puerto Rican man to the ground in a New York City George Floyd rally. The officials in question were part of the team deployed by ICE (Immigration...

ICE Ends Presumption of Release for All Pregnant Detainees

On March 30, 2018, U.S. Immigration and Customs Enforcement issued a directive entitled “Identification and Monitoring of Pregnant Detainees,” as well as the following FAQ: What is the new policy? ICE has ended the presumption of release for all pregnant detainees. Instead, as with all detainees, absent the requirements of mandatory detention, ICE will complete a case-by-case custody determination taking any special factors into account. ICE detention facilities will...

District Court Orders DHS to Provide Asylum Seekers Notice of One-Year Bar

In Mendez Rojas v. Johnson, District Judge Ricardo S. Martinez has ruled that the United States government’s failure to provide asylum seekers with notice of the one-year asylum application deadline and failure to create and implement procedural mechanisms that guarantee class members the opportunity to timely submit their asylum applications violates the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), governing regulations, and due process. As background,...

Attorney General Sessions Vacates BIA Decision That Provided Asylum Seekers With A Hearing

In Matter of E-F-H-L-, 27 I. & N. Dec. 226 (A.G. Mar. 5, 2018), Attorney General Jeff Sessions vacated Matter of E-F-H-L-, 26 I&N Dec. 319 (BIA 2014) and issued the following order: In this matter, the respondent conceded removability at the outset of removal proceedings and requested relief from removal pursuant to an application for asylum and withholding of removal. The presiding Immigration Judge determined, without holding an evidentiary...

LGBT Immigrants – The Current Landscape

We have come a long way since the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA), and allowed us to reunite thousands of same-sex bi-national couples. While LGBT U.S. citizens and lawful permanent residents can now sponsor their same-sex couples for immigration benefits, and benefit from the changes made to assisted reproductive technology laws, there remain plenty of hurdles for LGBT individuals seeking...