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Government Shutdown Closes Immigration Courts Adding to Record-High 800,000 Case Backlog

CBS News reports that the partial federal government shutdown has closed most immigration courts. AILA Associate Director of Government Relations Kate Voigt said, “Holding the government hostage for a border wall isn’t going to do anything to make the country safer, but it will make the immigration courts worse.” The Washington PostEditorial Board noted the irony of “a president who conjures migrant no-shows in courts manag[ing] to close the courts entirely.

DOL Provides Update on Cause of iCERT System Outage

DOL announced that the iCERT system is experiencing an outage due to the unprecedented demand for H‑2B certifications received within the first five minutes of the semi-annual H‑2B certification process, which opened on January 1, 2019, at 12:00 am (ET). DOL stated it is working diligently to resolve the issue and will give at least 24 hours’ notice before the iCERT system is reopened. DOL will provide another update tomorrow

Young Immigrants Seeking Refuge from Abuse Face Denials

The Associated Press reports on the increase in denials of applications for special immigrant juvenile status following USCIS’s change to how it handles cases involving immigrant children who turned 18 before their paperwork had been completed. Lawsuits have been filed in New York and California to challenge the policy change and denials.

Acting AG Suspends Briefing Schedule for Matter of Castillo-Perezand Matter of L–E–A– Due to Government Shutdown

Acting Attorney General Matthew Whitaker announced that in light of the lapse in appropriations, he is suspending the briefing schedules for Matter of Castillo-Perez and Matter of L–E–A–, two cases that he referred to himself for review. New briefing schedules will be set when DOJ and DHS receive funding permitting them to resume normal operations. In both cases, under the new briefing schedules, briefs from amici will be due no earlier than February 1, 2019.

USCIS Revises Interview Waiver Guidance for Form I-751

USCIS issued a policy memo providing guidance to its officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. The memo goes into effect today and applies to all Form I-751 petitions received on or after December 10, 2018.

USCIS Reaches H‑2B Cap for First Half of FY2019

USCIS announced that it reached the H‑2B cap for the first half of FY2019. December 6, 2018, was the final receipt date for new cap-subject H‑2B petitions requesting an employment start date before April 1, 2019.

Judge Finds Attorney General’s Gutting of Asylum Protections Unlawful

In a statement to the press about today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A‑B‑ 

Thus, the Courts show that you cannot just arbitrarily and without any reason of law strike down protections against asylum.

ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B- Asylum Policies

The district court issued an opinion finding that several of the credible fear policies articulated in Matter of A-B- and a subsequent Policy Memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. The court enjoined the government from continuing to apply the unlawful policies and from removing plaintiffs who are currently in the United States without first providing credible fear determinations consistent with the immigration laws. The court also ordered the government to return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations. (Grace v. Whitaker, 12/19/18)

Another one of Trumps polices struck down in Court

Court Issues Preliminary Injunction Against Interim Final Rule on Asylum Claims Along the Southern Border

The district court, which had previously entered a temporary restraining order against the implementation of the November 9, 2018, interim final rule on asylum claims along the southern border, issued a preliminary injunction prohibiting the government from taking any action continuing to implement the rule.

Trump Administration Sows Chaos, Risks Lives with “Remain in Mexico” Policy

DHS announced a new policy that would force most asylum seekers who have passed a preliminary screening to remain in Mexico pending a full hearing before an immigration judge.