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November 9, 2020
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Trump’s ‘Public Charge’ Immigration Rule Is Vacated by Federal Judge
Miriam Jordan, New York Times
A federal judge on Monday ordered the Trump administration to vacate a policy that allowed officials to deny green cards to immigrants who might need public assistance, such as food stamps and housing vouchers, saying it exceeded the authority of the executive branch. In a 14-page ruling, Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois cited “numerous unexplained flaws” that made the rule “arbitrary and capricious,” including an interpretation of self-sufficiency that had no basis in the statute it purportedly interpreted, and the failure to consider the “predictable collateral consequences” of its implementation.
Asylum Seekers With Disabilities Challenge Trump Admin's 'Remain in Mexico' Policy in New Lawsuit
Jasmine Aguilera, Time
22 individual plaintiffs are named in a class action lawsuit filed at the U.S. District Court for the Southern District of California in San Diego Monday against the federal government. Additionally, the nonprofit legal aid organization Al Otro Lado has joined as a 23rd plaintiff. The lawsuit alleges the government has violated laws that protect people with disabilities from discrimination and administrative procedure laws. Lawyers involved in the case hope the lawsuit could allow hundreds of asylum seekers with physical disabilities or mental health conditions to wait out the remainder of their asylum proceedings in the U.S. rather than in Mexico.
Asylum Screening Guidance Ruled Too High A Bar Too Early
Alyssa Aquino, Law360
A D.C. federal court has ruled that the Trump administration's guidelines on asylum-seekers' initial fear screenings are illegal, vacating the guidance in its entirety and ordering new fear assessments for the individuals who couldn't clear the guidance's asylum bar. U.S. District Judge Ketanji Brown Jackson scrapped the guidance Saturday, explaining in her order that U.S. Citizenship and Immigration Services had set an unlawfully high standard for individuals to clear during initial asylum screenings, instead of the "low bar" described in immigration law.
Trump Administration to Put 180-Day Ban on Many Asylum Requests
Nick Wadhams, Bloomberg
The Trump administration is expected to announce a 180-day ban on a range of asylum requests citing the threat posed by the coronavirus, according to two people familiar with the matter, in its latest effort to restrict immigration ahead of the Nov. 3 election. Under the new rule, anyone entering or trying to enter the U.S. by land from Canada or Mexico would be ineligible for asylum -- and subject to removal -- because of potential national security threats to the U.S. amid the Covid-19 pandemic, said the people, who asked not to be identified because the rule hasn’t been made public.
House Dems ask Trump admin to halt COVID border expulsions
Garance Burke and Jason Dearen, AP
A group of Democratic lawmakers called on the Trump administration Monday to stop the expulsion of unaccompanied children and other asylum seekers at the U.S. border using emergency powers granted during the coronavirus pandemic. The letter to acting Department of Homeland Security Secretary Chad Wolf and Dr. Robert Redfield, director of the Centers for Disease Control and Prevention, comes after reporting by The Associated Press revealed that Vice President Mike Pence directed CDC to effectively close the U.S. land borders to immigrants and asylum seekers, according to two former health officials.
Tech Startups Say New Pay Rules for H-1B Visas Are Unaffordable
Heather Somerville and Michelle Hackman, The Wall Street Journal
New rules from the Trump administration restricting skilled foreign workers are unnerving U.S. startup hubs, as founders and investors say the limitations will hamstring their ability to recruit top-tier talent to grow their businesses. The changes to the H-1B visa program announced in October will make qualifying for the work visas much tougher and compel employers to pay foreign workers drastically higher wages.
Trump adviser Stephen Miller reveals aggressive second-term immigration agenda
Sahil Kapur, NBC News
President Donald Trump's senior adviser Stephen Miller has fleshed out plans to rev up Trump's restrictive immigration agenda if he wins re-election next week, offering a stark contrast to the platform of Democratic nominee Joe Biden. In a 30-minute phone interview Thursday with NBC News, Miller outlined four major priorities: limiting asylum grants, punishing and outlawing "sanctuary cities," expanding the so-called travel ban with tougher screening for visa applicants and slapping new limits on work visas.
Biden if elected will form task force to reunite 545 separated immigrant children with family, campaign says
Arlette Saenz, CNN
Joe Biden is pledging that if he's elected president, he will sign an executive order to form a task force that will focus on reuniting the 545 immigrant children who've been separated from their families.
U.S. Expels Migrant Children From Other Countries to Mexico
Caitlin Dickerson, New York Times
U.S. border authorities have been expelling migrant children from other countries into Mexico, violating a diplomatic agreement with Mexico and testing the limits of immigration and child welfare laws. The expulsions, laid out in a sharply critical internal email from a senior Border Patrol official, have taken place under an aggressive border closure policy the Trump administration has said is necessary to prevent the coronavirus from spreading into the United States. But they conflict with the terms upon which the Mexican government agreed to help implement the order, which were that only Mexican children and others who had adult supervision could be pushed back into Mexico after attempting to cross the border.
Texas detention facility becomes staging ground for expulsions of migrant families with children
Camilo Montoya-Galvez, CBS News
An immigration detention center in south Texas has been converted into a staging ground to hold migrant families with children who the Trump administration seeks to expel from the U.S. without a court hearing, asylum interview or consultation with lawyers. The U.S. Immigration and Customs Enforcement (ICE) family detention center in Karnes City, Texas, is being used exclusively to hold migrant parents and children processed under an emergency pandemic-era policy that requires their swift expulsion from U.S. soil, the agency and outside lawyers told CBS News.
Separated from her 3-year-old at the border in 2018, a mother wonders if the U.S. election will bring a reunion
The Washington Post
Shakira: The Parents of 545 Children Are Missing, and the Silence Is Blaring
Time
How Trump officials used COVID-19 to shut U.S. borders to migrant children
CBS News
Trump didn’t build his border wall with steel. He built it out of paper.
The Washington Post
How the US could make amends for family separations
Vox
Ohio immigrant voters 'sleeping giants' for the 2020 election, advocates say
The Columbus Dispatch
Trump put up walls to immigrants, with stinging rhetoric and barriers made of steel and regulation
The Washington Post