Practice Alerts are provided courtesy of the American Immigration Lawyers Association (AILA), American Immigration Council and other immigrants' rights organizations. An archive of alerts are listed by month in the practice alerts section of the library.

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Fee Schedule Comment Period is Extended to December 30, 2019

  • By: USCIS
  • Date: 12/09/19

The comment period for the NPRM published November 14, 2019, at 84 FR 62280, is extended to December 30, 2019.

9th Circuit Stays Preliminary Injunctions in two Public Charge Suits

  • By: U.S. Court of Appeals for the Ninth Circuit
  • Date: 12/05/19

Background:

1. In City & Cty. of San Francisco v. U.S. Citizenship & Immigration Servs., 2019 WL 5100718 (N.D. Cal. Oct. 11, 2019), the district court granted a preliminary injunction on the basis of the APA, effective against implementation of the rule in the plaintiff states. 

2. In Washington v. U.S. Dep’t of Homeland Sec., 2019 WL5100717 (E.D. Wash. Oct. 11, 2019).The district court granted a preliminary injunction on the basis of the APA claims and issued a nationwide injunction. 

On December 5th, 2019, the 9th Circuit granted the stay of both preliminary injunctions, stating: "DHS has shown a strong likelihood of success on the merits, that it will suffer irreparable harm, and that the balance of the equities and public interest favor a stay."

AILA Comments on Proposed Changes to Detention Standards

  • By: American Immigration Lawyers Association
  • Date: 11/26/19

AILA submitted comments on a new draft of the National Detention Standards (NDS), including stating that ICE should include more enhancements and move aggressively to ensure adoption of the more stringent Performance Based Nation Detention Standards (PBNDS) 2011 to the greatest extent possible.

Sample Comment Letter Opposing Fee Increases

  • By: NALEO
  • Date: 11/20/19

NALEO strongly encourages you to tailor your comments to address the impact of the USCIS proposal on your constituents or the communities you serve.

Submit an online comment at: https://www.regulations.gov/comment?D=USCIS-2019-0010-0001

Resources to Fight the Fee Increases

  • By: CLINIC
  • Date: 11/20/19

CLINIC has a "fee schedule fighter" page, with updated information and templates for comments.

Toolkit for State and Local Governments on USCIS Fee Increases

  • By: CLINIC & the National Partnership for New Americans
  • Date: 11/20/19

This toolkit highlights the harm the USCIS proposed fee policy could have on states and localities, and offers arguments governors, mayors, and other officials may use in developing comments in opposition. It also suggests additional steps officials can take to support impacted residents.

USCIS Issues Further Guidance on Special Immigrant Juvenile Classification

  • By: USCIS
  • Date: 11/19/19

On Oct. 11, USCIS issued three adopted Administrative Appeals Office decisions to clarify requirements for Special Immigrant Juvenile (SIJ) classification. USCIS is now updating the USCIS Policy Manual to reflect those clarifications. This update reaffirms and clarifies that:

The petitioner must have been a juvenile under relevant state law when the juvenile court order was issued;
USCIS requires evidence of a court’s intervention to provide relief from abuse, neglect, or abandonment beyond a statement that the juvenile is dependent on the court; and
USCIS will no longer require evidence that a state court had the authority to place a petitioner in the custody of an unfit parent in order to make a qualifying determination regarding parental reunification for purposes of SIJ classification.

Federal Register Fee Changes: Proposed Rules & Opportunity to Comment

  • By: U.S. Department of Homeland Security
  • Date: 11/12/19

U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements. This is a Proposed Rule by the Homeland Security Department, open for comment until December 16, 2019.

To get involved, check out CLINIC's webpage for updates and analysis at https://cliniclegal.org/fee-schedule-changes

Obtaining Office of Refugee Resettlement Records for Clients Who Were Detained as Children

  • By: Immigrant Legal Resource Center
  • Date: 11/12/19

Office of Refugee Resettlement (ORR) records requests are an important tool for advocates who are representing people who were detained in ORR custody as children. This practice advisory discusses the role ORR records play in an immigration case and outlines the process for requesting them.

SIJS Policy Updates and Proposed Regulations

  • By: CLINIC and the Immigration Legal Resource Center
  • Date: 11/07/19

This co-authored practice alert highlights the key take-aways from three recent decisions by the Administrative Appeals Office on Special Immigration Juvenile Status, or SIJS. It includes some of the most important elements of the proposed SIJS regulations for advocates to challenge through comments, and contains an appendix with case summaries of the three decisions by the Administrative Appeals Office.

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