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SCOTUS to hear “Public Charge Rule” case.

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SCOTUS has agreed to hear the “Public Charge Rule” case e.g. Department of Homeland Security, et al., Petitioners v. New York, et al. This rule is viewed as seeking to discourage some immigrants, by way of denying green cards, from using public services such as food stamps. Even though the issues being taken up in court this Fall, it may actually become null if the Biden administration revises it before then.

Per today’s New York Times article: “The Trump administration announced in 2019 that it would revise the rule, which allows officials to deny permanent legal status, also known as a green card, to immigrants who are likely to need public assistance. In the past, only substantial and sustained monetary help or long-term institutionalization counted, and fewer than 1 percent of applicants were disqualified on public-charge grounds.”

No. 20-449
Title: Department of Homeland Security, et al., Petitioners
v.
New York, et al.
Docketed: October 8, 2020
Lower Ct: United States Court of Appeals for the Second Circuit
   Case Numbers: (19-3591, 19-3595)
   Decision Date: August 4, 2020
Questions Presented
Date Proceedings and Orders
Oct 07 2020 Petition for a writ of certiorari filed. (Response due November 9, 2020)
Proof of ServicePetition
Oct 23 2020 Motion of Make the Road New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
Main Document
Oct 23 2020 Motion State of New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
Main Document
Oct 26 2020 The motions to extend the time to file responses are granted and the time is extended to and including December 9, 2020, for all respondents.
Nov 03 2020 Blanket Consent filed by Petitioner, United States Department of Homeland Secuirty, et al.
Blanket Consent
Nov 20 2020 Motion of New York, et al. to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
Main Document
Nov 20 2020 Motion of the MRNY Respondents to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
Main Document
Nov 20 2020 Response to motions from petitioner United States Department of Homeland Secuirty, et al. filed.
Main Document
Nov 27 2020 The motions to further extend the time to file responses to the petition for a writ of certiorari are DENIED.
Dec 09 2020 Brief of respondents States of New York, Connecticut, and Vermont; and City of New York in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 09 2020 Brief of respondents Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), and Catholic Legal Immigration Network, Inc. in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 23 2020 DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 Reply of petitioners United States Department of Homeland Secuirty, et al. filed. (Distributed)
Main DocumentCertificate of Word Count
Jan 19 2021 DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021 DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021 Petition GRANTED.
Attorneys for Petitioners
Elizabeth B. Prelogar
Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States Department of Homeland Secuirty, et al.
Attorneys for Respondents
Jonathan Hillel Hurwitz
Counsel of Record
Paul, Weiss, Rifkind, Wharton & Garrison LLP
1285 Avenue of the Americas
New York, NY 10019jhurwitz@paulweiss.com
(212) 373-3254
Party name: Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), and Catholic Legal Immigration Network, Inc.
Barbara Dale Underwood
Counsel of Record
Solicitor General
Office of the Attorney General
28 Liberty Street
New York, NY 10005-1400Barbara.underwood@ag.ny.gov
212-416-8016
Party name: States of New York, Connecticut, and Vermont; and City of New York

 

BREAKING

Lawyers say China using Interpol to seek dissident’s return

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According to this article on Associated Press, by NOMAAN MERCHANT

“WASHINGTON (AP) — Attorneys are asking the Biden administration to release from immigration custody a Chinese democracy advocate who could be deported to his homeland to face what they say are false charges — despite the lack of an extradition treaty between the United States and China.

Human rights advocates say this is one of a handful of cases in which China has used the Interpol “red notice” system to try to force the return of fugitives from the United States. Under this system, a member country of the international police consortium can ask other countries to arrest and return fugitives living abroad. It’s not clear how often, if ever, this tactic has resulted in the U.S. turning over detainees to Chinese authorities.”

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BREAKING

Biden administration tries to tackle large backlog in asylum cases

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According to this article on Fox 43, by Claire Bermudez

“The Biden administration is reportedly moving forward with a plan to shift where asylum cases are handled, in an effort to tackle a sizeable backlog in applications.

The plan, as NPR reports, would try to speed up processing by allowing officials at the Department of Homeland Security to rule on claims without sending them to immigration court, where it would be ultimately up to immigration judges.”

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BREAKING

32 Children Who Were Deported To Guatemala Last Year In Violation Of A Court Order Have Yet To Be Brought Back

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According to this article on BuzzFeed News, by Hamed Aleaziz

“Thirty-two unaccompanied immigrant children who were deported to Guatemala despite a judge’s order have yet to be brought back to the US to apply for asylum, six months after the government admitted it was in the wrong. Now, immigration advocates are ramping up pressure on the Biden administration to speed up the process.

“It has been months since these children were expelled in violation of a court order and we need answers immediately,” said Lee Gelernt, an attorney with the ACLU who led the lawsuit challenging the Trump-era policy. “The children need to be given a chance to speak to us as counsel and the option to return to the US if they choose.””

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