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Proposed Biometrics Rule: Bullet Points for Comments

  • By: Authors: Dan Berger, Margaret Hu, Sara Katsanis, Jennifer K Wagner
  • Date: 09/29/20

The NPRM calls for biometrics collection of all ages and continuous vetting from entry to citizenship. Here are some bullet points for comments on the proposed rule. See the published notice in the federal register. Comments are due October 13, 2020. 

USCIS Notice re ILRC v. Wolf (fee increase injunction)

  • By: USCIS
  • Date: 09/29/20

"On Sept. 29, 2020, the U.S. District Court for the Northern District of California, in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule.

While the rule is preliminarily enjoined, we will continue to:

  • Accept USCIS forms with the current editions and current fees; and
  • Use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator's Field Manual (AFM) Chapters 10.9 and 10.10."

The Trump Administration’s Mistreatment of Detained Immigrants: Deaths and Deficient Medical Care by For-Profit Detention Contractors

  • By: Committee on Oversight and Reform and Subcommittee on Civil Rights and Civil Liberties U.S. House of Representatives
  • Date: 09/24/20

Over the past several months, the Committee has also sought information regarding the spread of the coronavirus in DHS detention facilities. This staff report presents the results of this investigation, based on Committee staff review of thousands of documents totaling more than 60,000 pages.

Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020)

  • By: Attorney General
  • Date: 09/24/20

(1)The Board must examine de novo whether the facts found by the immigration judge satisfy all of the statutory elements of asylum as a matter of law.
(2) The Board should not accept the parties’ stipulations. Unless it affirms without opinion, the Board should meaningfully review each element of an asylum claim before affirming or ordering a grant of asylum.
(3) Even if an applicant is a member of a cognizable particular social group and has suffered persecution, an asylum claim should be denied if the harm inflicted or threatened by the persecutor is not “on account of” the alien’s membership in that group.
(4) An alien’s membership in a particular social group cannot be “incidental, tangential, or subordinate to the persecutor’s motivation . . . [for] why the persecutor sought to inflict harm.” Personal animus or retribution generally does not support eligibility for asylum.

Asylum Interview Interpreter Requirement Modification Due to COVID-19

  • By: USCIS
  • Date: 09/23/20

This temporary final rule changes for the next 180 days the requirement that asylum applicants who do not speak English must bring an interpreter to their affirmative asylum interview. Under the modified regulation, USCIS will temporarily require applicants to proceed with a USCIS contract interpreter, provided the applicant is fluent in one of the 47 different languages available.

DOJ OIG Releases Report on the Executive Office for Immigration Review’s Recognition and Accreditation Program

  • By: Department of Justice, Office of the Inspector General
  • Date: 09/22/20

Announcement that the OIG report makes six recommendations to assist EOIR in improving its oversight and administration of the Program; and that EOIR agreed with the recommendations.

For the full report, go to https://oig.justice.gov/sites/default/files/2020-09/09-22-2020.pdf

ICE Detention Facilities Failing to Meet Basic Standards of Care

  • By: House Committee on Homeland Security
  • Date: 09/21/20

A majority staff report finding that U.S. Immigration and Customs Enforcement (ICE) fails to conduct proper oversight of migrant detention facilities, leaving deficiencies unidentified and uncorrected, and that ICE facilities frequently fail to meet basic standards of care.

USCIS Implements New Law Related to Citizenship for Children of Military Members and U.S. Government Employees Stationed Overseas

  • By: USCIS
  • Date: 09/18/20

Under the new law, a child born outside of the United States acquires automatic citizenship under INA 320, even if the child is residing outside the United States, in cases where the child is a lawful permanent resident (LPR) and is in the legal and physical custody of his or her U.S. citizen parent who is:
• Stationed and residing outside of the United States as a member of the U.S. armed forces; 
• Stationed and residing outside of the United States as an employee of the U.S. government; or
• The spouse residing outside the United States in marital union with a U.S. armed forces member or U.S. government employee who is stationed outside of the United States.

The policy manual update is here

Webinar Handout: The New Asylum EAD Rules: Practice Tips & Litigation Update

  • By: Immigration Advocates Network.
  • Date: 09/17/20

A note-taking PDF of the PowerPoint for our September 17, 2020 webinar with The Advocates for Human Rights, Asylum Seekers Advocacy Project, International Refugee Assistance Project, and the Center for Gender and Refugee Studies. 

Become an IAN member to view the recorded webinar

CLINIC chart on forms, fees, and form fee waiver eligibility as of October 2

  • By: CLINIC
  • Date: 09/15/20

The changes that are scheduled to start on October 2, 2020. 

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