Buzzfeed News reports that a Trump-era policy that allows ICE officers to arrest and rapidly deport certain undocumented immigrants without access to a judge was suspended by the Biden administration on Thursday.
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The BIA found the respondent did not submit sufficient objective evidence to support his fear of torture by the Rwandan government and that immigration judges and the Board lack the authority to recognize the equitable defense of laches in removal proceedings.
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The Supreme Court found that in order for an immigrant to be deported, the government must properly notify the individual on one document, rather than across several. While a technical issue, the ruling could affect hundreds of thousands of immigration cases. In a nutshell, a notice to appear (NTA) will be considered deficient if it is missing relevant information, such as the date and time of a removal hearing. Deficient NTAs no longer will trigger the “stop-time” rule, which starts when the government initiates removal proceedings and “stops the clock” on accumulated presence in the U.S. Deportations may be cancelled if an immigrant has been in the U.S. for at least 10 years, but the 10-year clock is paused when an NTA is issued. Now, the Supreme Court’s ruling held that an NTA can only trigger the “stop-time” rule if all relevant deportation and hearing information is on one document.
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ICE issued a new memo dictating the grounds for which people can be deported for the next 90 days. Officers will need preapproval from a senior manager before trying to deport anyone who is not a recent border crosser, a national security threat, or a criminal offender with an aggravated felony conviction. Republicans criticized the measure, and the party’s members on the House Oversight and Judiciary committees sent a letter to the Secretary of DHS expressing “serious concerns” with the memo. DHS officials said the new rules do not exempt anyone from enforcement or deportation but rather provide directions to ICE officers.
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A plane carrying African asylum seekers due to take off from Alexandria, Louisiana was cancelled with minutes to spare after advocacy groups published affidavits by detainees of torture by ICE agents. The affidavits listed violent tactics that ICE officials used to pressure detainees to submit to deportation, including choking, beating, and forcing the asylum seekers to agree to expulsion by threatening them placement in Covid-19 wards. ICE cancelled the deportation “to allow any potential victims or witnesses an opportunity to be interviewed,” and it “will conduct an agency review of recent use-of-force reports related to individuals on this flight.” ICE was accused of similar abuse in October, but denied the claims and did not change its policy of accelerated deportations.
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DOS provided information on President Biden’s proclamation continuing the suspension of entry of certain travelers from the Schengen Area, U.K., Ireland, Brazil, China, and Iran and expanding restrictions to South Africa, as well as on other COVID-19-related proclamations that remain in force
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AZ attorney general Mark Brnovich sued DHS on Wednesday over the Biden’s administration’s 100-day deportation pause. He stated that they sued DHS “alleging that their new policy halting deportations is illegal and it’s also contrary to an … [understanding] that we have with Homeland Security.” Arizona is the second state to sue over the deportation pause, following a similar suit brought by Texas on Jan. 22. That suit resulted in a temporary restraining order issued on Jan. 26. In response, The Biden administration argued that the agreement between the states and DHS is unenforceable because “an outgoing administration cannot contract away that power for an incoming administration.
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NBC News reports that President Biden is continuing to unravel the Trump administration’s hardline immigration policies but has been unable to stop the deportation of hundreds of people, including a woman who witnessed the 2019 anti-Latino mass shooting at an El Paso, Texas, Walmart store. An early Biden executive order placing a 100-day moratorium on deportations until an enforcement review could be done was suspended by a federal judge in response to a Texas lawsuit. But the ruling didn’t require ICE to schedule deportations.
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Our national deportation law firm will help with any removal case anywhere in the U.S. Our deportation attorneys have been providing deportation defense for nearly 30 years. Our immigration attorneys will appear with you in all immigration court appearances. Of course this will include the initial or master calendar hearing.
Laws and regulations are changing all the time. Winning a deportation hearing takes years of experience. There are multiple grounds on what makes you removable from the U.S. If you are in immigration detention, our national immigration law firm can prepare and argue a motion for bond redetermination to get you out. We can also argue and submit during trial all the necessary evidence to try to win a cancellation of removal case. Even if you lose in immigration court, we can try to appeal the case to the board of immigration appeals.
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The BIA sustained the DHS appeal and vacated the immigration judge decision after finding that Temporary Protected Status (TPS) does not constitute an admission and that a TPS applicant who was not admitted or paroled should not have removal proceedings terminated
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