After Attorney General Jeff Sessions removed an immigration judge from a case and reassigned the case to himself and then to another judge who consequently ordered the individual to be removed (i.e., deported), immigration judges and advocates have voiced their protest. The case involved Judge Steven Morley of Philadelphia who used “administrative closure” to suspend a case when a man named Reynaldo Castro-Tum failed to appear before him in immigration court. Administrative closure is used, for example, when the individual couldn’t make it to court for logistical reasons, including the summons being sent to the wrong address. Sessions responded by assigning the case to himself, issuing a decision that severely restricts the use of administrative closure, and instructed Morely to deport the individual if he didn’t show up again.
Read moreWashington Post: “Sessions: Victims of domestic abuse and gang violence generally won’t qualify for asylum”
Attorney General Jeff Sessions released a ruling this week that says victims of domestic abuse and gang violence generally will not qualify for asylum under federal law. Sessions’s ruling vacated a 2016 decision by the Justice Department’s Board of Immigration Appeals that said an El Salvadorian abused woman was eligible for asylum. Although the appeals board is typically the highest government authority on immigration law, the attorney general can assign cases to himself and set precedents. Immigration advocates warn that this decision could threaten the safety of thousands of foreign nationals who have sought haven in the US.
Read moreSanctuary Cities 101
While immigration enforcement in the US has often been the subject of heated debate, the question of how immigration law should be enforced and by whom has reached a fever pitch in the year since President Trump took office. Cities such as New York, Los Angeles, and Chicago, among others, have been labeled “sanctuary cities” based on their political and policy responses to immigration enforcement efforts by the current and past presidential administrations. In the past year, the tension between the Trump administration and these (and other) local governments has led to a struggle that is currently playing out in police stations, legislatures, and courts throughout the United States. The topic is a complicated one, and the laws around these cities are currently in flux, but we’ve put together a brief primer on so-called “sanctuary cities.”
Read moreThe Nation: “The Airport Lawyers Who Stood Up to Trump Are Under Attack”
The Northwest Immigrant Rights Project (NWIRP), a Seattle nonprofit that offers legal aid to immigrants facing deportation and a group that was at the forefront of fighting President Trump’s Muslim travel ban, is facing disciplinary action from Jeff Sessions’s Department of Justice (DOJ). Four weeks ago, the DOJ issued a cease and desist letter demanding that the nonprofit group drop representation of their current clients and shut down their asylum-advisory program. The DOJ accused NWIRP of breaking a rule that was originally created in order to prevent attorney misconduct and protect people from lawyers or “notarios” who take their money, but ultimately drop their case. (We’ve previously written about “notarios” and other scams that immigrants face.)
Read moreWashington Post: “A ‘dreamer’ claims he was secretly deported. The government claims it never happened.”
Juan Manuel Montes Bojorquez, a twenty-three-old Mexican man living in California, is one of the first “DREAMers” to be deported by President Trump, immigration advocates and lawyers are claiming; a removal that would contradict the stated policy by the Department of Homeland Security (DHS) that does not prioritize DACA recipients for removal. The US government and lawyers for Montes have differing versions of the story surrounding Montes’s removal from the US. The US government is claiming that Montes voluntarily left the US and illegally tried to reenter, thus violating the conditions of his DACA status, and lawyers for Montes allege that Customs and Border Protection (CBP) agents removed him from the US despite his valid DACA status.
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