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Can You Hear Me Now? Attorney Perceptions of Interpretation, Technology, and Power in Immigration Court

  • By: Center for Migration Studies / Maya P. Barak, University of Michigan
  • Date: 11/10/21

Drawing upon criminology, legal sociology, and linguistics, this study finds profound improvements are needed to ensure due process in the nation's immigration courts, including:

  • Elimination of telephonic and videoconferencing in all but extreme circumstances.
  • Modernization of telephonic and videoconference technology.
  • Improvement of interpreter standards and working conditions.
  • Education of attorneys, judges, and interpreters regarding challenges inherent to courtroom interpretation and technology.

Lawsuit challenging Matter of ZRZC

  • By: NILA, NWIRP and the Law Offices of Stacy Tolchin
  • Date: 11/08/21

NILA, NWIRP and the Law Offices of Stacy Tolchin filed a putative nationwide class action challenging USCIS’ adoption of ZRZC as agency-wide policy. The plaintiffs are TPS holders who traveled with authorization after 8/20/2020 and seek to adjust their status before USCIS. You can find the complaint at the link below.

Encouraging and Facilitating Pro Bono Legal Services

  • By: EOIR
  • Date: 11/05/21

Pro bono attorneys, authorized legal service providers, and law school clinics perform an invaluable public service by educating otherwise unrepresented individuals, assisting them in the preparation of their cases and providing direct representation. The agency therefore welcomes and encourages pro bono representation, and Immigration Judges and court staff should accommodate and facilitate pro bono representation as much as practicable within the scope described by this Director’s Memorandum (DM), as well as in consideration of other agency guidance and applicable law and regulations.

This DM replaces PM 21-08, Pro Bono Legal Services (Dec. 10, 2020).

Community Legal Advocates (webinar handout)

  • By: Justice Power and IAN
  • Date: 11/04/21

Handout to the November 4th webinar from IAN and Justice Power

Federal Immigration Prosecutions at Record Lows

  • By: TRAC
  • Date: 11/01/21

"New data released by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University show that the number of immigration-related criminal prosecutions in federal court remains remarkably low in FY 2021, partly as a result of the Title 42 policy that has turned back migrants at the border under both the Trump and Biden administrations."

Benefits for Afghan Humanitarian Parolees

  • By: Administration for Children and Families Office of Refugee Resettlement
  • Date: 10/31/21

This flyer goes over various public benefits Afghan refugees with humanitarian parole may be eligible for.

Explanation of the Decision to Terminate the Migrant Protection Protocols

  • By: Department of Homeland Security
  • Date: 10/29/21

Pursuant to the Texas court’s remand, and in continuing compliance with the President’s direction in the Executive Order, the Secretary has considered anew whether MPP should be maintained, terminated, or modified in a variety of different ways. After carefully considering the arguments, evidence, and perspectives of those who support continuing to use MPP, those who support terminating the program, and those who have argued for the use of MPP with modifications, the Secretary has determined that MPP should be terminated.

Employment Information Regarding Afghan Special Immigrant Visa Holders and Parolees

  • By: U.S. Department of Justice Civil Rights Division Immigrant and Employee Rights Section
  • Date: 10/28/21

This fact sheet, issued by the Immigrant and Employee Rights Section (IER), provides general information about some of their employment rights. Afghan evacuees may have other immigration statuses or U.S. citizenship. Employers should not make assumptions about citizenship or immigration status, or the right to work, based on where someone is from.

Fourth Circuit re Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462

  • By: US Court of Appeals for the Fourth Circuit.
  • Date: 10/27/21

"The Fourth Circuit issued a published decision striking down Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018).

The court held that federal regulations unambiguously grant IJs and the Board the general power to terminate proceedings. The petitioner in the case based his request for termination on a grant of deferred action, but today's decision would permit IJs and the Board to terminate proceedings for other reasons as well -- e.g., to adjust status before USCIS.

The decision is attached. The case is Chavez Gonzalez v. Garland, No. 20-1924, __ F.4th __ (4th Cir. 2021)." 

Argued by Ben Winograd of IRAC.

Internal DHS Reports of Abuses by US Border Officials

  • By: Human Rights Watch
  • Date: 10/21/21

Human Rights Watch released a new report based on US government documents detailing over 160 internal reports of misconduct and abuse of asylum seekers at the hands of officials at the border, primarily between 2016 and 2021. Though heavily redacted, the records, which Human Rights Watch obtained after litigation under FOIA, include allegations of physical, sexual, and verbal abuse, due process violations, harsh detention conditions, denial of medical care, and discriminatory treatment at or near the border. The allegations appear to have been primarily report by asylum officers at USCIS.

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