Last week, the Senate passed a DHS appropriations measure that did not include the House amendments that would block DAPA implementation and DACA expansion by a vote of 68-31. Today, in a surprising move, Speaker Boehner allowed for the Senate-passed version of the DHS funding bill to be voted on in the House. The bill passed with bipartisan support in the House, 257-167 (with 75 Republicans joining 182 Democrats), and will now be sent to President Obama’s desk for his signature. The bill will fund DHS through September 2015. The bill that passed does not include language that would prohibit the implementation of the President’s November 2014 executive actions on immigration.
- The Fourth Circuit reversed and remanded with instructions to vacate the removal order, finding that the modified categorical approach did not apply since use of the word “or” in the definition of the crime did not automatically render the crime divisible. Thus, the court applied the categorical approach and found that the petitioner’s conviction under Va. Code Ann. §18.2-95 was not an aggravated felony theft offense.
DHS released enforcement statistics for FY2014, which include reports from ICE and CBP. In FY2014, ICE removed or returned 315,943 individuals, 213,719 of whom were apprehended while, or shortly after, attempting to illegally enter the U.S., and 102,224 of whom were apprehended in the interior of the U.S. CBP made 486,651 apprehensions in FY2014, compared to 420,789 in FY2013. Both apprehension and removal numbers were influenced by the 68% increase in individuals migrating from countries other than Mexico, predominately from Central America.
The Huffington Post reports that yesterday, U.S. District Judge Beryl Howell was skeptical of a lawsuit filed by Sheriff Joe Arpaio over the constitutionality of the President’s executive actions on immigration. In the first hearing in the case, Judge Howell questioned whether Arpaio had standing to bring the case and whether he could show a concrete injury from the new policy. The judge also indicated that she was not entirely convinced the courts should weigh in on the executive actions. Read this story and more in AILA’s daily immigration news clips.
The AAO sustained the appeal of an L-1A petition, finding that the beneficiary will be employed in a managerial capacity in his role as senior technical manager in transceiver engineering and that the beneficiary will assume the same position in the U.S. that he currently holds abroad. Courtesy of Clark Trevor.
The American Immigration Council, the ACLU, the National Immigration Project of the National Lawyers Guild, and the National Immigration Law Center filed a complaintagainst the federal government, challenging its policies which deny due process to refugee mothers and children being detained in Artesia, NM. The complaint asks the court to halt deportations, calling Artesia a "deportation mill," created to send Central American mothers and children home to face certain harm, without any meaningful opportunity to be heard.
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