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On April 24, 6 U.S. troops filed a class-action lawsuit after being blocked from an expedited naturalization process. To qualify for the expedited process, servicemen must provide Pentagon certification that they have served honorably. Previously, this certification was available one day after starting their service. In 2017, the Trump administration changed the requirement, making non-citizen troops wait 180 days to receive the certification. According to the lawsuit, the change in policy caused a 72% drop in military naturalization applications.
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On Wednesday, the 10th Circuit Court of Appeals ruled that Kansas cannot require proof of citizenship, such as an original birth certificate or passport, to register to vote. The court ruled against the state because it was unable to prove that the law was necessary to prevent voter fraud, especially since the law disenfranchised more than 30,000 legitimate voters.
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On April 23, the Supreme Court upheld a lower court decision that found one permanent resident ineligible for cancellation of removal due to his past crimes. One issue in the case was the “stop-time rule.” The Supreme Court found that the rule was triggered when the immigrant committed a crime that made him inadmissible, though he had already been legally residing in the U.S. too long for the crime to trigger removability. This meant that the official “clock” of his residency was stopped just months before the 7-year milestone that would have made him eligible for cancellation of removal. The 5-4 decision was split along ideological lines.
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On May 5, a new class-action lawsuit was filed that contends that the CARES Act excludes and discriminates against many U.S. citizen children whose parents are undocumented. The lawsuit argues that since these children qualify for other federal public benefits, there is no logical reason they should be excluded from any relief from the stimulus package.
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On April 30, the Trump administration postponed immigration court hearings for asylum seekers waiting in Mexico under the “Remain in Mexico” policy. Asylum seekers with hearings scheduled through June 1 should wait until instructed, then appear at the border to get new hearing dates. As of last Friday, there were about 25,000 asylum seekers waiting in Mexico.
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CNN reports that despite much of the country being shuttered due to the COVID-19 pandemic, DOJ has continued to hold some deportation hearings, including those of unaccompanied minors. Given guidelines on social distancing, many of these hearings are being conducted remotely, with the judge, attorneys, and the child all participating from separate locations.
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DHS issued a final rule delaying the date for card-based enforcement of the REAL ID Act regulations from October 1, 2020, to October 1, 2021. Beginning on October 1, 2021, federal agencies may not accept a state-issued driver’s license or identification card for official purposes from any individual unless such license or card is a REAL ID-compliant driver’s license or identification card.
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The Second Circuit held that INA §242(a)(2)(C)’s jurisdictional provision applies only to cases in which the immigration judge has found a petitioner removable based on covered criminal activity and does not apply where the petitioner’s order of removal is based solely on unlawful presence.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 