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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.

Fraihat v. US ICE (9th Circuit, October 20, 2021)

  • By: U.S. Court of Appeals for the Ninth Circuit
  • Date: 10/20/21

The panel reversed the district court’s grant of a preliminary injunction in a class action in which plaintiffs contended that as to all immigration detention facilities nationwide, U.S. Immigration and Customs Enforcement’s directives in response to the COVID-19 pandemic reflected “deliberate indifference” to medical needs and “reckless disregard” of known health risks; and remanded with instructions that all orders premised on the preliminary injunction be vacated.

T Nonimmigrant Status for Victims of Severe Forms of Trafficking in Persons

  • By: USCIS
  • Date: 10/20/21

USCIS announced that it is issuing updated policy guidance in the USCIS Policy Manual regarding applications for T nonimmigrant status (or T visas) for victims of severe forms of trafficking in persons. It provides updated and consolidated information on eligibility requirements, admissibility determinations, evidentiary standards, burdens of proof, travel considerations, and confidentiality protections for T visa applicants.

New DACA Form

  • By: USCIS
  • Date: 10/19/21

Starting 12/20/21, USCIS will only accept the 08/31/21 edition. Until then, you can use the 04/24/19 edition. You can find the edition date at the bottom of the page on the form and instructions.

Afghanistan Parolees Now Eligible for TANF

  • By: US HHS Office of Family Assistance
  • Date: 10/18/21

The following individuals are all eligible for TANF until March 31, 2023, (or the term of parole, whichever is longer) in the same way a refugee is eligible for TANF:

  • Afghan citizens and nationals paroled into the US between July 31, 2021, and September 30, 2022;
  • their spouses or children paroled after September 30, 2022; and
  • their parents or guardians paroled after September 30, 2022, if the Afghan citizen or national is an unaccompanied child.
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