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Federal Court Greenlights New DACA Challenge

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Federal Court Greenlights New DACA Challenge NEW YORK — Today, a federal court in Brooklyn approved a request from Make the Road New York and immigrant youth with Deferred Action for Childhood Arrivals (DACA) to sue the Trump administration over its newest attempt to end DACA. At a court hearing earlier today, plaintiffs in Batalla,

NEW YORK — Today, a federal court in Brooklyn approved a request from Make the Road New York and immigrant youth with Deferred Action for Childhood Arrivals (DACA) to sue the Trump administration over its newest attempt to end DACA.

At a court hearing earlier today, plaintiffs in Batalla Vidal v. Wolf explained that the U.S. Department of Homeland Security’s (DHS’s) July 28, 2020, memo, which drastically altered DACA, suffers from several legal and constitutional defects. Not only did the Trump administration once again sidestep the procedures required to take such an action, but it also stripped DACA applicants of their due process rights. Moreover, plaintiffs questioned the authority of Acting Homeland Security Secretary Chad Wolf to alter the DACA program in the first place, since he is not serving lawfully in his position.

The court granted the plaintiffs’ request to file an amended complaint challenging the new DACA memo in the coming weeks. The court also indicated that the parties should quickly move forward with an additional briefing and ordered the parties to come back to the court by next week with a proposed schedule. The court granted a similar request from 16 states and the District of Columbia.

“We applaud the judge’s decision to allow our amended complaint to challenge Trump’s latest reckless effort to end DACA,” said Javier H. Valdés, co-executive director of Make the Road New York. “The Trump administration’s refusal to comply with the Supreme Court decision and to fully restore DACA — places hundreds of thousands of immigrant youth at risk of deportation and denies new applicants an opportunity for temporary but life-altering relief. For the last three years, we have fought against Trump’s cruel attacks on undocumented youth, and we are ready to continue to fight tooth and nail to defend and protect immigrant youth and all immigrants.”

Batalla Vidal v. Wolf was the first legal challenge to President Trump’s 2017 termination of DACA. That case — in which the National Immigration Law Center (NILC), Make the Road New York (MRNY), and the Worker and Immigrant Rights Advocacy Clinic (WIRAC) at Yale Law School represent six DACA recipients and MRNY — culminated in a monumental victory at the U.S. Supreme Court in June, in which the Supreme Court held that the Trump administration violated federal law by improperly terminating DACA in 2017.

“The Trump administration’s newest attack on DACA is as unlawful as its first,” said Armando Ghinaglia, law student intern in the Worker and Immigrant Rights Advocacy Clinic at Yale Law School, who argued for the plaintiffs today in court and who himself has been a DACA recipient. “By issuing this memo so haphazardly, the Trump administration sidestepped its legal and constitutional obligations. Our plaintiffs won’t let that stand.

Under the July 28 DHS memo, U.S. Citizenship and Immigration Services (USCIS) will reject all first-time DACA applications. While USCIS will continue to process DACA renewal applications, renewals and work authorization will be granted only for one year at a time instead of for two years. While the per-application fee remains the same, the change effectively doubles the fee for DACA renewals.

“We’ve been fighting Trump’s unlawful attempts to dismantle DACA from the beginning, and our fight continues,” said Araceli Martínez-Olguín, supervising attorney at the National Immigration Law Center. “As Trump doubles down on his efforts to harm immigrant youth and immigrant communities, even in the middle of a public health and economic crisis, we remain steadfast to ensure that immigrant youth are secure here at home. We’ll keep fighting alongside our plaintiffs and communities to stop Trump’s harmful, divisive, and hateful actions.”

Over the past eight years, more than 700,000 immigrant youth have been able to use DACA to work, attend school, better support their families, and make even greater contributions to their communities. As a result of the Trump administration’s unlawful attacks on DACA, an estimated 300,000 eligible immigrant youth have been denied the opportunity to apply for it.

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Source: Federal Court Greenlights New DACA Challenge

FOR IMMEDIATE RELEASE
August 13, 2020

CONTACT
– Juan Gastelum, National Immigration Law Center (NILC), 213-375-3149, media@nilc.org
– Yatziri Tovar, Make the Road New York (MRNY), 917-771-2818, yatziri.tovar@maketheroadny.org
– Ramis Wadood, Worker and Immigrant Rights Advocacy Clinic (WIRAC) at Yale Law School, 203-432-4800, ramis.wadood@ylsclinics.org

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BREAKING

DOL And DHS Interim Final Rules Halted By Court Order

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Supreme court of california main court house

As noted on Mondaq.com, written by Cheryl J. Gardner , Jason Burritt and Michelle Gergerian  of Seyfarth Shaw LLP

and on this direct link: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”).

The DOL rule, which took effect on October 8, 2020, significantly increased prevailing wage levels for H-1B, H-1B1 and E-3 programs and the permanent labor certification (PERM) program.

The DHS rule was scheduled to take effect on December 7, 2020 and would have placed further restrictions on the H-1B program, including in particular narrowing the definition of “specialty occupation.”

The Court Order, effective immediately, found that the agencies did not show good cause in bypassing the notice and comment period, required by the Administrative Procedures Act.

For more information, again here’s the direct link:  https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules

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Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses

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second asylum ban ends

A three-judge panel of the US Court of Appeals for the First Circuit Tuesday overturned a ban prohibiting US immigration authorities from arresting undocumented immigrants at courthouses in Massachusetts. In 2018, US Immigration and Customs Enforcement (ICE) formalized a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial,

 

A three-judge panel of the US Court of Appeals for the First Circuit Tuesday overturned a ban prohibiting US immigration authorities from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, US Immigration and Customs Enforcement (ICE) formalized a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. Two Massachusetts district attorneys, the public defender’s office and a non-profit immigrant advocacy organization filed a lawsuit against ICE and asked for a preliminary injunction against the practice. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts. The district court agreed, and granted an injunction last year.

At issue is a claim that the INA implicitly incorporates a common law privilege that protects those attending court from being subject to civil arrest. While nothing in the text of the INA prohibits these types of courthouse arrests, the plaintiffs argued that the law must be read in light of the nonderogation canon, a method of statutory construction that holds that courts must assume Congress is aware of long-standing common law principles and, absent express language to the contrary, intends to keep them.

Judge Bruce Selya wrote Tuesday that “the nonderogation canon does not give courts carte blanche to read a grab bag of common law rules into federal statutes simply to effectuate what those courts may perceive as good policy.” The circuit court held that the nonderogation canon applies if the facts of the common law rule and the statute in question are sufficiently analogous. The common law prohibited civil arrests at court by private litigants, while here the arrests are being carried out by a government agency. The panel vacated the preliminary injunction and remanded the matter back to the district court.

Rachael Rollins, district attorney for Suffolk County and one of the plaintiffs in the case, said in a statement that “this fight is far from over” and that the plaintiffs “are absolutely on the right side of justice here.”

The post Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses appeared first on JURIST – News – Legal News & Commentary.

Source: Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses

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Searching for Hope Among the Ruins of Our Asylum System

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IMMIGRATION REFORM NEWS ASYLUM IMMIGRANT CARAVAN

If you feel our asylum laws have been gutted, that our nation’s protections for those fleeing persecution and violence have been systematically dismantled, and that the administration is using the façade of health concerns during a pandemic to make it worse, you are not alone. You are not alone in your dread of the next,

If you feel our asylum laws have been gutted, that our nation’s protections for those fleeing persecution and violence have been systematically dismantled, and that the administration is using the façade of health concerns during a pandemic to make it worse, you are not alone.

You are not alone in your dread of the next case certified to the Attorney General, the next BIA published decision, the next proposed rule, the next executive order, the next policy change…and the ensuing scramble to understand how it impacts your clients who have been waiting in the backlog for months or years. You are not alone in feeling like you just can’t keep up with it all.

You are not alone in the justified outrage at how children and families have been treated by the administration. You are not alone in feeling ashamed by the way this country now treats those seeking protection at our borders.

You are not alone in feeling like every immigration court hearing is like pushing back against an ocean of injustice; there is no due process, no fundamental fairness for asylum seekers anymore.

You are not alone in sometimes, perhaps even often, feeling hopeless.

But, you are not alone. There are thousands of others working on these issues, fighting for what’s right. We are a regiment of seasoned asylum practitioners who know the ins and outs of this complex area of law and how to practice it effectively. We are the newcomers to asylum law who may feel uncertain but who know deep in our souls that fighting these battles is what we are called to do. We are the lawyers who take on pro bono asylum cases even when that requires preparing witnesses for their testimony while simultaneously entertaining our toddlers because our offices are now our dining room tables.

We are in this together, and that is what makes me feel inspired and determined, rather than hopeless.

Serving as chair of the upcoming AILA Virtual Asylum Conference and planning the program is one way that I’ve been reminded that we’re not alone, that we are part of a community of talented, passionate attorneys still fighting to keep asylum alive.  Join me as we lay out the sweeping policy changes to the U.S. asylum system and the ever higher hurdles for asylum seekers and their advocates that the administration has implemented. Join me as we work through where litigation and advocacy efforts to combat the administration’s changes stand. Join me in fighting for asylum seekers in this country (and supporting each other in those efforts!). I promise you that you will leave this virtual conference with a solid understanding of where things stand and what that means for your clients, as well as expert guidance on new strategies to employ at the border and in the immigration courts as we continue to fight for asylum seekers and the soul of our nation.

I know this is a tough fight to keep up. I know you feel tired. But we can lift each other up, help each other succeed, and save our clients’ lives.

Source: Searching for Hope Among the Ruins of Our Asylum System

Photo by Adam Smotkin on Unsplash

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