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The Trump administration has notified landowners that it is surveying their land for the border wall.

The Trump administration is planning on using eminent domain to acquire private land in Texas to use for the border wall. On Thursday, the government sent Right of Entry letters to dozens of landowners informing them that it will be surveying the land. The owners must sign the letters for the government to be able to come onto the land, but if they don’t sign, the matter will be escalated to the DOJ to get court-ordered access. Acting CBP Commissioner Morgan stated that he is aware there will likely be litigation over the land acquisition, but thinks that the government is “on track” to get the 450 miles for the wall.

DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independence

Last Friday, DOJ petitioned the Federal Labor Relations Authority (FLRA) in an effort to strip immigration judges of their right to be represented by a union. AILA Executive Director Benjamin Johnson called the petition “an effort to suppress the voices of immigration judges, who have denounced DOJ efforts to strip their authority.” House Judiciary Committee Chair Jerrold Nadler (D-NY) and Subcommittee on Immigration and Citizenship Chair Zoe Lofgren (D-CA) criticized the administration’s move to decertify the National Association of Immigration Judges, announcing plans to hold hearings to “develop a foundation for legislation to create an independent immigration court.”

DOJ Announces 311 New Assistant United States Attorney Positions

Attorney General Jeff Sessions announced that DOJ is allocating 311 new Assistant United States Attorneys to assist in priority areas, including 35 additional immigration prosecutors. This is the largest increase of new Assistant U.S. Attorneys in decades.1:02 AM

Senate and House Democrats Request Investigation of Illegal Hiring Allegations at DOJ

Top Senate and House Democrats sent a letter to DOJ’s Inspector General, requesting an investigation into allegations that DOJ has targeted candidates and delayed job offers for immigration judge (IJ) and BIA positions based on the candidates’ perceived political or ideological views. 

DOJ Demands Documents and Threatens to Subpoena 23 “Sanctuary” Jurisdictions

DOJ announced that it sent letters to 23 cities, counties, and states as part of a review of 8 U.S.C. 1373 compliance, demanding the production of documents that could show whether each jurisdiction is restricting information sharing with federal immigration authorities. The letter states that recipient jurisdictions that fail to respond will be subject to a DOJ subpoena.

Matter of CALCANO DE MILLAN, 26 I&N Dec. 904 (BIA 2017)

For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.

BIA procedures

Board of immigration appeals

Appeal to BIA

BIA issues 

BIA Decision regarding the Walsh Waiver

Matter of CALCANO DE MILLAN, 26 I&N Dec. 904 (BIA 2017)
For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.

DOJ rescinds Memorandum on Use of Private Prisons

On February 21, 2017, Attorney General Jeff Sessions issued a memo to the Federal Bureau of Prisons (BOP) rescinding former Deputy Attorney General Sally Yates’ August 18, 2016, memo entitled “Reducing Our Use of Private Prisons,” which aimed to sharply scale back DOJ’s use of private prison contractors in the federal prison system. The memo from Sessions eliminates the review of private prison contracts at the end of their term, and directs the BOP to return to its previous approach with regard to the use of private prisons.

OSC Publishes TAL on Replacing U.S. Workers with Temporary Contract Workers

DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter (TAL) with guidance on whether an employer may, consistent with the anti-discrimination provision in INA §274B(a)(1)(B), terminate U.S. workers and rely on contract workers with temporary work visas to perform the work previously done by the terminated U.S. workers. The letter states, “Except in very narrow circumstances, an employer violates the anti-discrimination provision if it terminates workers or hires their replacements because of citizenship or immigration status.” The letter also lists several factors that may be considered in determining whether an employer has in fact violated the anti-discrimination provision in such cases.

https://cbocalbos.wordpress.com/tag/temporary-workers/

https://cbocalbos.wordpress.com/tag/anti-discrimination/

https://cbocalbos.wordpress.com/tag/employment-discrimination/

https://californiaimmigration.us/investment-visas/l-1-intracompany-transferee/

District Court Orders Disclosure of DOJ Emails

The court ordered the government to disclose Department of Justice emails communicating the policy for returning immigrants who are wrongfully deported while their judicial appeals are pending.

https://www.usa.gov/immigration-and-citizenship

https://atomic-temporary-10880024.wpcomstaging.com/tag/23-new-immigration-judges/

https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationlawyer/

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