Immigration Courts Featured on Last Week Tonight with John Oliver

Via Last Week Tonight:

"America’s dysfunctional immigration court system forces many children to appear in court alone. That’s as ridiculous in real life as it would be on a courtroom television show."

USCIS Changing Policy on Accrued Unlawful Presence by Students and Exchange Visitors

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States. 

This policy aligns with President Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States to enforce the immigration laws of the country and will go into effect on Aug. 9, 2018.

“USCIS is dedicated to our mission of ensuring the integrity of the immigration system. F, J, and M nonimmigrants are admitted to the United States for a specific purpose, and when that purpose has ended, we expect them to depart, or to obtain another, lawful immigration status,” said USCIS Director L. Francis Cissna. “The message is clear: These nonimmigrants cannot overstay their periods of admission or violate the terms of admission and stay illegally in the U.S. anymore.”

Individuals in F, J, and M status who failed to maintain their status before Aug. 9, 2018, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence, on the earliest of any of the following:

• The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
• The day after their I-94 expired; or
• The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).

Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:

• The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
• The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
• The day after the I-94 expires; or
• The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

Individuals who have accrued more than 180 days of unlawful presence during a single stay, and then depart, may be subject to three-year or 10-year bars to admission, depending on how much unlawful presence they accrued before they departed the United States. Individuals who have accrued a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the United States, and who then reenter or attempt to reenter the United States without being admitted or paroled are permanently inadmissible.

Those subject to the three-year, 10-year, or permanent unlawful presence bars to admission are generally not eligible to apply for a visa, admission, or adjustment of status to permanent residence unless they are eligible for a waiver of inadmissibility or another form of relief.
This policy memorandum is updating Chapter 40.9.2 of the USCIS Adjudicator’s Field Manual.

USCIS is accepting comments on the policy memorandum. The 30-day public comment period begins today and closes on June 11, 2018. For complete information on the comment process, visit the Policy Memoranda for Comment page.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and Facebook (/uscis).

- USCIS –

There are 9 Immigration Judge Openings

There are 9 immigration judge vacancies in the following locations:

• San Francisco, CA
• Elizabeth, NJ
• Philadelphia, PA
• Conroe, TX
• Seattle, WA
• Stewart County, GA
• Las Vegas, NV
• Memphis, TN
• Forth Worth, TX

Pay Scale: $132,606 to $174,500 per year

Applicants who have applied to previous Immigration Judge announcements and/or other locations must re-apply to this announcement to receive consideration for this location.

If you are interested in a rewarding and challenging career, this is the position for you!

This position is in the Executive Office for Immigration Review, Office of the Chief Immigration Judge. The Executive Office for Immigration Review (EOIR) seeks highly-qualified individuals to join our team of expert professionals in becoming a part of our challenging and rewarding Agency. The primary mission of the EOIR is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.

EOIR consist of three adjudicatory components: the Office of the Chief Immigration Judge, which is responsible for managing the numerous immigration courts located throughout the United States where immigration judges adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of the immigration judges' decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases. EOIR is committed to providing the fair, expeditious, and uniform application of our Nation's immigration laws in all cases. EOIR's Headquarters is located in Falls Church, Virginia, about 10 miles from downtown Washington, DC.

More than one position may be filled from this vacancy announcement. Interested individuals may apply to more than one location.

Justice Department Announces Additional Prosecutors and Immigration Judges For Southwest Border Crisis

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, May 2, 2018

Attorney General Jeff Sessions today announced the dedication of additional prosecutors to handle the prosecutions of improper entry, illegal reentry, and alien smuggling cases, and additional immigration judges to handle the adjudication of immigration court cases that result from the crisis at the Southwest border.

Thirty-five new Assistant United States Attorney (AUSA) positions have been allocated to U.S. Attorney’s Offices along the Southwest border. The breakdown of those positions is as follows:

• Southern District of Texas: Eight (8);
• Southern District of California: Eight (8);
• Western District of Texas: Seven (7);
• District of Arizona: Six (6); and,
• District of New Mexico: Six (6).

“The American people made very clear their desire to secure our borders and prioritize the public safety and national security of our homeland,” said Attorney General Jeff Sessions. “Promoting and enforcing the rule of law is essential to our republic. By deploying these additional resources to the Southwest border, the Justice Department and the Trump Administration take yet another step in protecting our nation, its borders, and its citizens. It must be clear that there is no right to demand entry without justification.”

Due to a recent increase in the number of apprehensions at the Southwest border, the new AUSA positions announced today will assist in the prosecutions of illegal reentry (8 U.S.C. § 1326), alien smuggling (8 U.S.C. § 1324), and improper entry (8 U.S.C. § 1325) pursuant to the Justice Department’s “Zero-Tolerance Policy” announced by Attorney General Sessions on April 6, 2018 and its prior April 11, 2017 directive to AUSAs to prioritize charging immigration offenses.

In addition to the new AUSA positions, Attorney General Sessions and Executive Office for Immigration Review (EOIR)Director James McHenry announced the utilization of 18 current supervisory immigration judges to adjudicate cases in immigration courts near the southwest border. The supervisory immigration judges will hear cases in-person and use video teleconferencing (VTC) to handle cases at immigration courts and represent a roughly 50 percent increase in the current number of immigration judges:

• Eloy (AZ) Immigration Court;
• Florence (AZ) Immigration Court;
• Adelanto (CA) Immigration Court;
• Imperial (CA) Immigration Court;
• Otay Mesa (CA) Immigration Court;
• Otero (NM) Immigration Court;
• El Paso (TX) Service Processing Center;
• Harlingen (TX) Immigration Court;
• Pearsall (TX) Immigration Court; and
• Port Isabel (TX) Immigration Court.

“The Justice Department, under Attorney General Jeff Sessions, has made significant reforms and progress in tackling the overwhelming backlog in the immigration court system,” said EOIR Director James McHenry. “We must not let attempts to undermine our lawful immigration system deter that progress, and the men and women at EOIR are proud to play a small role in the Attorney General’s response to the crisis at our Southwest border.”

Between March and September 2017, EOIR mobilized over one hundred immigration judges to Department of Homeland Security detention facilities across the country, including along the Southwest border. In October, EOIR projected that the mobilized immigration judges—hearing both in-person and VTC cases—completed approximately 2,700 more cases than expected if the immigration judges had not been detailed.

My blog has been moved to the following address: The Deportation & Removal Blog

You may also follow me on Twitter: @mkolken

Thanks.

Obama's Executive Action on Immigration

Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.

Please call our office at 716-854-1541 to schedule a conference to speak to a lawyer if you have any questions.

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

These initiatives include:

• Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years
• Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks
• Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens
• Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs
• Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee
• Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. Subscribe to this page to get updates when new information is posted.

Next steps
USCIS and other agencies and offices are responsible for implementing these initiatives as soon as possible. Some initiatives will be implemented over the next several months and some will take longer.

Over the coming months, USCIS will produce detailed explanations, instructions, regulations and forms as necessary. The brief summaries provided below offer basic information about each initiative.

While USCIS is not accepting requests or applications at this time, if you believe you may be eligible for one of the initiatives listed above, you can prepare by gathering documents that establish your:

• Identity;
• Relationship to a U.S. citizen or lawful permanent resident; and
• Continuous residence in the United States over the last five years or more.

Below are summaries of major planned initiatives by USCIS, including:

• Who is eligible
• What the initiative will do
• When you can begin to make a request
• How to make a request

1. Deferred Action for Childhood Arrivals (DACA) program

Who

Current DACA recipients seeking renewal and new applicants, including individuals born prior to June 15, 1981, who meet all other DACA guidelines.

What 
Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.
Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.
Extends the deferred action period and employment authorization to three years from the current two years.

When 
Approximately 90 days following the President’s November 20, 2014, announcement.

How 
Go to the Consideration of Deferred Action for Childhood Arrivals (DACA) page for instructions which will be updated over the next several months. Subscribe to this page to receive updates by email.

2. Deferred action for parents of U.S. citizens and lawful permanent residents

Who 
An undocumented individual living in the United States who, on the date of the announcement, is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.

What 
Allows parents to request deferred action and employment authorization if they:

• Have continuous residence in the United States since January 1, 2010;
• Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and
• Are not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.

Notes: USCIS will consider each request for Deferred Action for Parental Accountability (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.

When
Approximately 180 days following the President’s November 20, 2014, announcement.

How 
Subscribe to this page to receive updates by email.

3. Provisional waivers of unlawful presence

Who 
Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:

• The sons and daughters of U.S. citizens; and
• The spouse and sons or daughters of lawful permanent residents.

What 
Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.

Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.

Notes: Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver if a visa is available. For more information about the waivers program, go to the Provisional Unlawful Presence Waivers page which will be updated over the next several months.

When 
Upon issuing of new guidelines and regulations.

How 
Subscribe to this page to receive updates by email.

4. Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs

Who 
U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers.

What 
USCIS will:

• Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.
• Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
• Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.
• Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.
• Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
  Have been awarded substantial U.S. investor financing; or Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
• Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status.
• Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.
• Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

When 
Upon issuing necessary guidance and regulations.

How 
Subscribe to this page to receive updates by email.

5. Promote the naturalization process

Who 
Lawful permanent residents eligible to apply for U.S. citizenship

What 

• Promote citizenship education and public awareness for lawful permanent residents.
• Allow naturalization applicants to use credit cards to pay the application fee.
• Assess potential for partial fee waivers in the next biennial fee study.

Notes: Go to the U.S. Citizenship page to learn about the naturalization process and visit the Citizenship Resource Center to find naturalization test preparation resources. You can also visit the N-400, Application for Naturalization, page.

When 
During 2015

How 
Subscribe to this page to receive updates by email.

Key Questions and Answers
Q1: When will USCIS begin accepting applications related to these executive initiatives?
A1:  While USCIS is not accepting applications at this time, individuals who think they may be eligible for one or more of the new initiatives may prepare now by gathering documentation that establishes their:
Identity;

• Relationship to a U.S. citizen or lawful permanent resident; and
• Continuous residence in the United States over the last five years or more.
• USCIS expects to begin accepting applications for the: Expanded DACA program approximately 90 days after the President’s November 20, 2014, announcement; and Deferred action for parents of U.S. citizens and lawful permanent residents (Deferred Action for Parental Accountability) approximately 180 days after the President’s November 20, 2014, announcement.

Others programs will be implemented after new guidance and regulations are issued.

Q2: How many individuals does USCIS expect will apply?
A2: Preliminary estimates show that roughly 4.9 million individuals may be eligible for the initiatives announced by the President. However, there is no way to predict with certainty how many individuals will apply. USCIS will decide applications on a case-by-case basis and encourages as many people as possible to consider these new initiatives. During the first two years of DACA, approximately 60 percent of potentially eligible individuals came forward. However, given differences among the population eligible for these initiatives and DACA, actual participation rates may vary.

Q3: Will there be a cutoff date for individuals to apply?
A3: The initiatives do not include deadlines. Nevertheless, USCIS encourages all eligible individuals to carefully review each initiative and, once the initiative becomes available, make a decision as soon as possible about whether to apply.

Q4: How long will applicants have to wait for a decision on their application?
A4: The timeframe for completing this new pending workload depends on a variety of factors. USCIS will be working to process applications as expeditiously as possible while maintaining program integrity and customer service. Our aim is to complete all applications received by the end of next year before the end of 2016, consistent with our target processing time of completing review of applications within approximately one year of receipt. In addition, USCIS will provide each applicant with notification of receipt of their application within 60 days of receiving it.

Q5: Will USCIS need to expand its workforce and/or seek appropriated funds to implement these new initiatives?
A5: USCIS will need to adjust its staffing to sufficiently address this new workload. Any hiring will be funded through application fees rather than appropriated funds.

Q6: Will the processing of other applications and petitions (such as family-based petitions and green card applications) be delayed?
A6: USCIS is working hard to build capacity and increase staffing to begin accepting requests and applications for the initiatives. We will monitor resources and capacity very closely, and we will keep the public and all of our stakeholders informed as this process develops over the course of the coming months.

Q7: What security checks and anti-fraud efforts will USCIS conduct to identify individuals requesting deferred action who have criminal backgrounds or who otherwise pose a public safety threat or national security risk?
A7: USCIS is committed to maintaining the security and integrity of the immigration system. Individuals seeking deferred action relief under these new initiatives will undergo thorough background checks, including but not limited to 10-print fingerprint, primary name, and alias name checks against databases maintained by DHS and other federal government agencies. These checks are designed to identify individuals who may pose a national security or public safety threat, have a criminal background, have perpetrated fraud, or who may be otherwise ineligible to request deferred action. No individual will be granted relief without passing these background checks.

In addition, USCIS will conduct an individual review of each case. USCIS officers are trained to identify indicators of fraud, including fraudulent documents. As with other immigration requests, all applicants will be warned that knowingly misrepresenting or failing to disclose facts will subject them to criminal prosecution and possible removal from the United States.

Q8: What if someone’s case is denied or they fail to pass a background check?
A8: Individuals who knowingly make a misrepresentation, or knowingly fail to disclose facts, in an effort to obtain deferred action or work authorization through this process will not receive favorable consideration for deferred action. In addition, USCIS will apply its current policy governing the referral of individual cases to Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear before an immigration judge. If the background check or other information uncovered during the review of a request for deferred action indicates that an individual’s presence in the United States threatens public safety or national security, USCIS will deny the request and refer the matter for criminal investigation and possible removal by ICE, consistent with existing processes.

Q9: If I currently have DACA, will I need to do anything to receive the third year of deferred action and work authorization provided by the executive initiatives?
A9: The new three-year work authorization timeframe will be applied for applications currently pending and those received after the President’s announcement. Work authorizations already issued for a two-year period under the current guidelines will continue to be valid through the validity period indicated on the card. USCIS is exploring means to extend previously issued two-year work authorization renewals to the new three-year period.

Q10: Will the information I share in my request for consideration of deferred action be used for immigration enforcement purposes?
A10: Information provided in your request is protected from disclosure to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless you meet the criteria for the issuance of a Notice to Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance. Individuals who are granted deferred action will not be referred to ICE. The information may be shared, however, with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including:

• Assisting in the consideration of the deferred action request;
• To identify or prevent fraudulent claims;
• For national security purposes; or
• For the investigation or prosecution of a criminal offense.

This policy covers family members and guardians, in addition to you.

Q11: What is USCIS doing to assist dependents of U.S. armed services personnel?
A11: USCIS is working with the Department of Defense to determine how to expand parole authorization to dependents of certain individuals enlisting or enlisted in the U.S. armed services. For information on the existing parole-in-place policy for military personnel, please read this policy memorandum.

Last Reviewed/Updated: 11/20/2014

Why Isn’t President Obama Protecting Refugee Children With A Stroke Of His Pen?

Originally published on Fox News Latino:

The humanitarian crisis on the southern border is the center of a political firestorm in Washington. At issue is the bipartisan 2000 anti-trafficking law, signed by President Bush and re-authorized in 2008, that requires the Obama Administration to institute immigration court proceedings against unaccompanied children from Central American countries rather than deporting them without a hearing like children from Mexico. 

Both the President and Republicans have expressed a keen interest in stripping those provisions to enable the Administration to expeditiously deport children without the full panoply of due process protections. For the obvious reasons, most Democrats and immigrant rights advocates oppose the proposed change.

Given the confines of the law, like many Republicans, President Obama has expressed a desire to “eliminate delays in deporting children” that his Administration unilaterally determines have no legal option to stay in the United States. Unfortunately for the children, President Obama has neglected to acknowledge that there is a distinct legal option available to each refugee child fleeing violence in Central America, and it is within the President’s sole discretionary authority to exercise it. 

The Immigration and Nationality Act specifically provides that under 8 U.S. Code § 1157, INA § 207(b) the President maintains the express power to grant refugee status to groups of individuals in the presence of “grave humanitarian concerns,” or if it is otherwise in the national interest. If tens of thousands of unaccompanied children fleeing violence doesn't constitute a grave humanitarian concern, I don’t know what on Earth does.

To add insult to injury, not only is the President declining to exercise his authority to protect refugee children, his Administration is fast-tracking deportation proceedings, and children are being removed without the benefit of legal representation. This reflects a distinct policy shift by the Administration calculated to discourage children from fleeing violence in their home countries and an unconscionable decision to deport them back to an almost certain death.

The American Civil Liberties Union and American Immigration Council have filed a nationwide class-action lawsuit on behalf of thousands of refugee children challenging the Administration’s failure to afford children an opportunity to obtain counsel as the law requires. The lawsuit begs the court to provide more time for children to find a lawyer, or to be provided representation at government expense if the Administration elects to proceed against them on an expedited basis.

Ahilan Arulanantham, Deputy Legal Director at the ACLU of Southern California and a Senior Staff Attorney at the ACLU Immigrants’ Rights Project, commented that the children named in the lawsuit are fleeing violence in their home countries and “are now under imminent threat of being deported, potentially to their death, because of the Administration’s misguided ‘rocket docket’ policy for child refugees.” He remarked that “To force them to defend themselves against a trained prosecutor without legal assistance violates due process and our most basic values as a nation.”

But it gets worse. 

A recent release of a Freedom of Information Act request reveals that despite a 2010 policy against it, the Obama administration is detaining hundreds of pregnant women in detention facilities across the United States. The ignored policy provides that “absent extraordinary circumstances or the requirements of mandatory detention” women who are pregnant, nursing, or demonstrate that they are primary caretakers of children or an infirm person, should not be detained.

If only it stopped at detaining pregnant women. There are credible reports of expecting mothers being underfed, and being fed maggot infested food, while being denied gynecological exams and adequate prenatal care during pregnancy, in addition to being housed in unsanitary conditions in extreme temperatures.

It simply shocks the conscience that the most vulnerable among us, children, and detained pregnant mothers, are being treated as a political inconvenience to be disposed of like yesterday’s polling numbers, which incidentally are not good for the President. An Associated Press - GFK Public Affairs poll just released reveals that disapproval of the President’s immigration policy has jumped 18 points to 57 percent. Given the President’s handling of the current crisis, it is easy to understand why.

Democrats have been understandably quick to shame Republicans for their lack of compassion for children fleeing violence. Considering recent events, maybe it is time they start pointing fingers at the leader of their own party.