AILA in the News

Article: With a Backlog of Over 1.3 Million Cases, the 500 Immigration Judges in the U.S. Feel Overburdened and Pressured to Deport

Business Insider reports the ability for immigration judges to rule independently has been compromised. According to AILA, the wait time for some backlogged cases is more than four years, including "cases that require urgent attention, such as those seeking asylum and humanitarian relief."

Article: 'I Advocate for Immigrants Who Face Innumerable Obstacles'

The Irish Times features a profile of Fiona McEntee, Chair of the AILA Media and Advocacy Committee. Ms. McEntee is originally from Knocklyon, Dublin, and first came to the United States in 2002 as part of a student exchange program. She returned in 2005 to attend Chicago-Kent College of Law.
AILA Doc. No. 21061561

Article: India Travel Ban Leaves Hundreds of Employees Stranded

Documented NY reports on U.S. residents stuck overseas due to visa issues and President Biden's India travel ban. A lawsuit brought by AILA and three private firms, in response to Trump-era travel bans that weren't being lifted by President Biden, has been amended to include the India ban.
AILA Doc. No. 21061064

Article (Opinion): The Origin of U.S. Immigration Courts Is Stunning. They Need to Be Overhauled

An op-ed in El Paso Matters delves into the origin of the U.S. immigration court system, including how it came to be part of DOJ. AILA has filed complaints with DOJ charging El Paso immigration judges with displaying a "culture of hostility" toward asylum seekers.
AILA Doc. No. 21061063

Article: Courts Drowning in Backlog Pose Lingering Immigration Challenge

The Hill reports that the bloated immigration court backlog threatens the Biden administration's efforts to reform U.S. immigration. AILA Senior Director of Government Relations Greg Chen explains that a large number of low-priority cases could be removed from the docket.
AILA Doc. No. 21061061

Article: Indians Join Lawsuit Challenging COVID-related Travel Ban to U.S.

The Times of India reports that a few Indians have joined other plaintiffs in ongoing litigation challenging the COVID-related travel ban to the United States. The lawsuit was filed by AILA and members of AILA's Board of Governors.
AILA Doc. No. 21060264

Article: Debate over H-1B Lottery Revamp Heats Up as Cases Go Forward

Bloomberg Law reports on litigation challenging the creation of a wage-based selection process for H-1Bs. AILA Director of Federal Litigation Jesse Bless said, "It's easy to blame Trump on this one, but at the same time President Biden included a similar provision in his immigration bill."
AILA Doc. No. 21060262

Article: Haitian Refugees Celebrate Biden's Decision to Protect Them from Deportation

USA Today reports on DHS's decision to authorize Haiti for Temporary Protected Status for 18 months. AILA President-Elect Allen Orr explained, "For Haitians who are in this country, now they get a reprieve from having to return to an unstable situation."
AILA Doc. No. 21060261

Article: New “Rocket Docket” Process for Immigration Hearings Compromises Justice, Advocates Say

El Paso Matters reports on plans to speed up cases of certain immigrant families. AILA Senior Director of Government Relations Greg Chen called on the president to "provide families put on [this] rocket docket with legal counsel, paid for by [the] government if they can't afford [their own]."
AILA Doc. No. 21060263

Article: New H-1B Rule Favoring High-Wage Workers 'Kneecaps' Nonprofits — Lawsuit

Reuters reports on a lawsuit filed by AILA and AILA Board members challenging a rule creating a wage-based selection process for H-1B visas. The lawsuit alleges the rule makes it difficult for nonprofits to compete with private companies for high-skilled foreign labor.
AILA Doc. No. 21052763

Article: Advocates See Biden Order as New Tool in Eviction, Immigration Fights

The Hill reports on President Biden's access to justice order. AILA Senior Director of Government Relations Greg Chen said programs offering counsel to those facing deportation could be expanded slowly, starting with asylum seekers, people in immigration detention, and rare-language speakers.
AILA Doc. No. 21052761

Video: How the COVID-19 Hate Crimes Act Afects the AAPI Community

ABC News Live features an interview with AILA Senior Director of Government Relations Greg Chen in which he discusses how the COVID-19 Hate Crimes Act affects the AAPI community and how hate crimes are prosecuted.
AILA Doc. No. 21052762

Article: Lawsuit Against Biden Admin Challenges Proposed Allocation of H-1B Visas Based on Wages

The Times of India reports that five nonprofit organizations and businesses have filed a lawsuit challenging a USCIS rule that would allot H-1B visas based on wages. The plaintiffs are represented by AILA and AILA Board members Jeff Joseph, Charles Kuck, and Greg Siskind.
AILA Doc. No. 21052765

Article (Subscription Req'd): Outgoing SF Immigration Judge Blasts Courts as 'Soul-Crushing,' Too Close to ICE

The San Francisco Chronicle reports that recently retired Assistant Chief Immigration Judge Bill Hanrahan says he encountered a "soul-crushing bureaucracy" in the immigration court system. A 2020 AILA policy brief discusses "the detrimental effects of a politicized immigration court system."
AILA Doc. No. 21052764

Article: "Is Stephen Miller Still in Charge?": Biden's First Immigration Court Appointees Are All Trump Picks

Slate reports that DOJ hired 17 new immigration judges. Nearly all of them have backgrounds as prosecutors or at ICE. AILA Executive Director Ben Johnson tweeted, "It is a threat to the pursuit of fairness and justice and an insult to the fundamental principles of our system of justice."
AILA Doc. No. 21051264

Article: There Can Be No Immigration Reform Without Fixing the Broken Immigration Court System

Al Día reports on the need for immigration court reform, noting that AILA has called for the creation of an independent, Article I immigration court.
AILA Doc. No. 21051263

Article: Biden Fills Immigration Court with Trump Hires

The Hill reports the Biden administration has hired 17 immigration judges initially selected during the Trump era. AILA Senior Director of Government Relations Greg Chen said, "All but one of these new judges were former prosecutors, law enforcement, or in other branches of government."
AILA Doc. No. 21051262

Article: Why an Estimated 100,000 Americans Abroad Face Passport Problems

The New York Times reports that consular appointments for U.S. citizens overseas are nearly impossible to come by as many embassies. AILA President Jennifer Minear explained that "the reduction of staff as a result of COVID at the consular posts has really thrown [DOS] for a loop."
AILA Doc. No. 21051261

Article: 'You Can Be Kicked Out Any Time': U.S. Immigrants' Lives Upended by COVID

The Guardian reports that many high-skilled foreign-born workers have been losing their jobs in the United States amid the pandemic. AILA President Jennifer Minear said, "Losing your job is a big deal, and if you're an immigrant it also means losing your status."
AILA Doc. No. 21050763

Article: How Police "Gang Databases" Are Being Used to Wage War on Immigrants

In These Times reports that the wrong hat or wrong tattoo can get somebody listed in a gang database and eventually deported. Former Chair of AILA's New England Chapter Kerry Doyle says gang databases often contain unreliable information, but "immigration judges take it as the truth."
AILA Doc. No. 21050761

Article: Biden's First 100 Days on Immigration: A Test of Leadership

Just Security features an op-ed by AILA Senior Director of Government Relations Greg Chen, in which he argues that, while President Biden took several swift actions on immigration in his first week as president, 100 days later, no headway has been made on any major immigration reform.
AILA Doc. No. 21050760

Article: Foreign Workers Blocked by Trump Are No Longer Banned from Entering the U.S.

Vox reports President Biden will not renew a ban on entry of certain nonimmigrant workers initiated by the Trump administration. AILA Director of Government Relations Shev Dalal-Dheini said the former president "put the Biden administration in a tricky position to be able to lift" the ban.
AILA Doc. No. 21042367

Article: Biden Administration Announces End to Trump-Era Rule that Rejected Certain Immigration Applications with Blank Spaces

CNN reports that the Biden administration will not automatically reject certain applications for asylum or immigration benefits when a blank space is left on the forms. Examples of fields that might be left blank include middle name and "other names used," according to AILA.
AILA Doc. No. 21042366

Article: Biden Sued over Coronavirus Visa Restrictions Initiated Under Trump

The Hill reports on a lawsuit filed by AILA and partner law firms over a policy freezing visa issuance in 35 countries due to COVID-19. "The broader problem is that [DOS] has an immense ... backlog and this is only adding to the problem," said AILA Director of Federal Litigation Jesse Bless.
AILA Doc. No. 21042365

Article (Subscription Req'd): Lawsuit Challenges Biden Administration COVID-19 Visa Policies

Forbes reports that a new lawsuit filed by AILA and partner law firms challenges DOS's refusal to issue visas in countries the Biden administration maintains COVID-19-related restrictions on entering the United States.
AILA Doc. No. 21042362

Article (Subscription Req'd): AILA Urges Immigration System Overhaul

Law360 reports that AILA released a document this week urging Congress to overhaul the U.S. immigration system, including by ensuring that the immigration courts, which are currently housed in DOJ, are spun off into their own independent agency.
AILA Doc. No. 21042361

Article: Despite Biden's Union Support, Immigration Judges Left Waiting

Roll Call reports the Biden administration hasn't intervened in attacks on the immigration judges' union, which the Trump administration successfully petitioned a federal labor agency to decertify. Some advocates, including AILA, want to see immigration courts entirely removed from DOJ.
AILA Doc. No. 21042364

Article: DOJ Unit Dinged for Immigration Courts' Virus Response

Law360 reports that the DOJ Office of Inspector General found that EOIR bungled its communication and decision-making response to the COVID-19 pandemic, exposing staff and others to potential health risks. Last year, AILA and partners sued EOIR, asking a judge to stop in-person hearings.
AILA Doc. No. 21042360

Article (Subscription Req'd): Biden Administration to Allow Work-Visa Ban to Expire

The Wall Street Journal reports the White House won't renew a ban on certain work-based visas that is set to expire today. AILA Director of Government Relations Shev Dalal-Dheini noted, "Visa processing won't pick up as quickly as everyone will want."
AILA Doc. No. 21033160

Video: Fox NewsNOW Interview with Ben Johnson

Fox NewsNow features an interview with AILA Executive Director Benjamin Johnson, in which he discusses the possibilities of immigration reform and the situation at the southern border.
AILA Doc. No. 21032560

Article: The U.S. Asylum System Is Broken. How Could It Be Reimagined?

The San Diego Union-Tribune reports on how the incoming Biden administration can break with the past and reimagine the U.S. asylum system. AILA First Vice President Jeremy McKinney explains, "It's time for the Department of Justice and the immigration court system to get a divorce."
AILA Doc. No. 20122861

Article: How the Trump Administration's 'Midnight Rulemaking' Could Leave a Big Mark on Government

NBC News reports that the Trump administration is pressing forward to cement new regulations the end of his term. AILA Director of Government Relations Shev Dalal-Dheini explains, "Even if it hasn't taken effect, it becomes a lot harder to overturn a regulation once it's been published."
AILA Doc. No. 20111661

Article: 19 Women Allege Medical Abuse in Georgia Immigration Detention

The Los Angeles Times reports that, according to medical experts, at least 19 women at Georgia's Irwin County Detention Center were pressured into overly aggressive or medically unnecessary surgery. The medical team conducted its review in tandem with a coalition of advocates including AILA.
AILA Doc. No. 20102300

Article: Lawsuit over H-1B Specialty Occupation Denials Moves Forward

Bloomberg Law reports on a lawsuit filed by AILA and partners challenging denials of H-1B petitions for market research analysts. AILA Director of Litigation Jesse Bless said, "USCIS approved our first two plaintiffs in an attempt to pick them off … [but] there's more left to be done."
AILA Doc. No. 20091663

Article: Whistleblower Alleges 'Medical Neglect,' Questionable Hysterectomies of ICE Detainees

NPR reports on allegations of detainees being subjected to questionable hysterectomies at an ICE detention center. AILA Executive Director Ben Johnson said, if the allegations prove true, "all measures must be taken to seek justice for the victims and hold DHS leadership fully accountable."
AILA Doc. No. 20091662

Article: Biden Pledges to Dismantle Trump's Sweeping Immigration Changes — But Can He Do That?

NPR reports that Joe Biden is pledging to dismantle President Trump's sweeping immigration changes if he wins the election in November. Angela Kelley, Senior Adviser to AILA, said "You can't change culture within an organization that vast overnight … it's going to be a long, long road."
AILA Doc. No. 20091661

Article (Subscription Req'd): Feds Says Immigration Application Fee Hikes Are Lawful

Law360 reports on a lawsuit filed by AILA and Sidley Austin LLP in a California federal court to stop USCIS from increasing immigration application fees. Nineteen states and 10 immigration nonprofit organizations expressed support for the plaintiffs' request to block the fee increases.
AILA Doc. No. 20091160

Article: Immigration Agency Cuts of 800 Kansas City Jobs Expected to Trigger Backlogs, Delays Nationwide

The Kansas Reflector reports that USCIS intends to furlough 800 of its Kansas City private contractors. AILA Associate Director of Government Relations Diane Rish said furloughing private contractors will only make things worse for a system experiencing longer and longer processing delays.
AILA Doc. No. 20091062

Article: Pandemic May Disrupt Compliance with Diversity Visa Order

Law360 reports on the district court ruling shielding thousands of diversity visa (DV) winners from the Trump administration's visa ban. AILA Director of Federal Litigation Jesse Bless warned that the approximately 45,000 DV applicants will need to navigate "a lot of moving parts."
AILA Doc. No. 20091061

Opinion: We Are Repeating History by Preventing Asylum Seekers from Pleading Their Cases Inside the U.S.

The San Diego Union-Tribune features an op-ed by AILA member Tammy Lin about "the Trump administration's concerted efforts to chip away at the long-held legal precedent of allowing asylum seekers to enter our nation." She calls for Americans to "push against the weaponization of asylum law."
AILA Doc. No. 20091060

Article: NJ Lawyers Sue over In-Person Immigration Court Hearings in Newark

WNYC reports that the AILA New Jersey chapter sued the federal government, arguing that Newark's immigration court is putting lives at risk by forcing hearings to take place in person during the COVID-19 pandemic. The judge asked EOIR to explain why videoconferencing isn't an option.
AILA Doc. No. 20090466

Article: NJ Immigration Attys Can't Stop In-Person Hearings for Now

Law360 reports that a federal judge was sympathetic to the concerns expressed by AILA's New Jersey chapter in a lawsuit it filed challenging mandated in-person hearings in Newark Immigration Court during the pandemic, but said he needed more information from the government before ruling.
AILA Doc. No. 20090465

Article: How Trump Made It That Much Harder to Become a U.S. Citizen

Vox reports on how President Trump's policies created a naturalization backlog. AILA Director of Government Relations Shev Dalal-Dheini told Congress in July that USCIS had mismanaged a budgetary surplus it inherited at the beginning of the Trump administration.
AILA Doc. No. 20090464

Article (Subscription Req'd): Biden Immigration Plan Focuses on Undoing Trump Actions

Law360 reports on Joe Biden's immigration plan. AILA Senior Director of Government Relations Greg Chen also sees Biden's running mate Kamala Harris as a voice for change, noting that as a senator, she has introduced bills to correct problems implemented by the Trump administration.
AILA Doc. No. 20090463

Article: Ex-Immigration Judges Say NJ Court Risking Public Health

Law360 reports that more than 30 former immigration judges voiced support for a lawsuit filed by the AILA New Jersey Chapter that seeks to stop in-person hearings at Newark Immigration Court during the COVID-19 pandemic.
AILA Doc. No. 20090462

Article: A Year After Admitting He Smoked Pot, Green Card Applicant Still Stuck in Mexico

The OC Register shares the story of Jose, who has been in Mexico separated from his family for over a year. His consular processing appointment in June was canceled due to COVID-19. AILA Southern California Chapter Chair Scott Emerick explained that DOS "closed everything in March."
AILA Doc. No. 20090461

Article: ICE Can't Move Detainees in or out of Coronavirus Hot Spot

Law360 reports that a judge forbid ICE from transferring anyone in or out of its Farmville, VA, detention center, where more than 80 percent of the population has tested positive for COVID-19. According to AILA, the decision follows the death of 72-year-old Canadian citizen at the facility.
AILA Doc. No. 20081261

Article: D.C. Court Orders Feds to Turn Over Diversity Visa Ban Docs

Law360 reports that as part of four consolidated lawsuits, the government was ordered to hand over documents concerning the COVID-19 travel ban. AILA, Justice Action Center, Innovation Law Lab, the Law Office of Laboni A. Hoq, and Mayer Brown LLP represent plaintiffs in one of the suits.
AILA Doc. No. 20081360

Article (Subscription Req'd): Three Immigration Judges Picked to Top Off Expanded BIA

Law360 reports DOJ appointed three immigration judges to the BIA. AILA Senior Policy Counsel Laura Lynch said the appointments reflect a pattern of promoting judges with high asylum denial rates to "set precedent-setting decisions that will negatively impact asylum seekers for many years."
AILA Doc. No. 20081163

Article: Restrictive Immigration Policy Hurts Michigan's Economy

Crain's Detroit Business reports on the economic impacts of the administrations restrictions on immigrants coming to the United States, noting that AILA, Justice Action Center, and the Innovation Law Lab have sued to challenge the entirety of the president's immigration bans.
AILA Doc. No. 20081161

Article: Court Case Against Trump Immigration and Visa Ban Moves Forward

Forbes reports on AILA and partners' lawsuit seeking to enjoin the president's immigration and visa ban. AILA Director of Litigation Jesse Bless said this includes "enforcement and implementation" by DOS, "which has interpreted the suspension of entry as precluding the issuance of visas."
AILA Doc. No. 20081160

Article: ‘A Naturalization Crisis’: 10,000 Would-Be Voters in Mass. Might Miss Out in November

WBUR reports on increasing naturalization wait times in Mass., a crisis driven by USCIS policies, which, said AILA’s Sharvari Dalal-Dheini, “deliberately decrease USCIS efficiency, drive up the cost of adjudication, slow down case processing and discourage individuals from applying.”
AILA Doc. No. 20080601

Article: Why Is Immigration Court Still Being Held in Person as Pandemic Continues, Lawyers Ask in Lawsuit

8/4/2020 reports on AILA New Jersey Chapter’s lawsuit “seeking to prevent Newark’s immigration court from holding in-person hearings” during the pandemic. “You are forcing a group of organizations to go back to work without proper protocols,” said Cesar Estela, a member of NJ-AILA.
AILA Doc. No. 20080433

Article: Immigration Attys Sue to Stop NJ Court’s In-Person Hearings

Law360 reports on a lawsuit filed by AILA’s New Jersey Chapter “seeking to halt in-person, nondetention hearings in the Newark Immigration Court” alleging that DOJ “is unnecessarily forcing them to go to court amid the coronavirus pandemic.” The Chapter is bringing its suit under the APA.
AILA Doc. No. 20080432

Article (Opinion): New USCIS Immigration Fees Hit Businesses, Citizens and Students

Forbes provides an analysis of the new USCIS fee rule and USCIS’s projected budget shortfall, citing both AILA’s submitted comments to the proposed rule and the testimony of AILA’s Director of Government Relations, Sharvari Dalal-Dheini, at a congressional hearing on USCIS oversight.
AILA Doc. No. 20080337

Article: Immigration Lawyers Seek Video Court Appearances Amid Virus

AP News reports on a lawsuit filed by AILA’s New Jersey Chapter seeking to stop in-person appearances at the Newark Immigration Court and to allow the use of videoconferencing until the pandemic “no longer poses ‘an unreasonable risk’ for the health of those who appear at hearings.”
AILA Doc. No. 20080335

Article: USCIS Pleads for Money to Avoid Furloughs, Democrats Float Making he Funds Contingent on Policy Changes

Government Executive reports on a House hearing on oversight of USCIS. Regarding USCIS's plan to furlough 70 percent of its workforce, AILA Director of Government Relations Shev Dalal-Dheini said, "These are real people with real financial and family responsibilities ... They're not pawns."
AILA Doc. No. 20073061

Article: Trump Restricts Immigration amid the Pandemic. Critics See It as an Excuse to Push His Own Agenda

PBS News Hour reports on policies implemented by the administration during the pandemic that block many legal pathways to enter the country. AILA President Jennifer Minear says the actions have created hurdles for many noncitizens and confusion for those who don't know if they'll be affected.
AILA Doc. No. 20073060

Article: Potential USCIS Furloughs Will Make Immigration Come to a Grinding Halt

Documented NY reports on USCIS's plan to furlough staff unless Congress sends a $1.2 billion bailout. AILA Director of Government Relations Shev Dalal-Dheini says it's within USCIS's own power to fix its deficit, but the agency is trying to "pass off its own inefficiencies to its customers."
AILA Doc. No. 20072360

Article: International College Freshmen May Be Barred After All

Commonwealth Magazine reports that Harvard notified students that incoming international freshmen can't come to campus this fall due to visa restrictions. AILA New England Chapter Chair Eliana Nader said she is "cautiously optimistic" the issue will be successfully challenged in court.
AILA Doc. No. 20072262

Article: Business Sector Joins Fight Against Trump's Work Visa Ban

Law360 reports on "a pile-on of litigation challenging" the Trump administration's ban on work visas, including a legal challenge filed by AILA and partners on behalf of visa hopefuls, their relatives, and several businesses, targeting both the suspension of green cards and work visas.
AILA Doc. No. 20072261

Article: Budget Shortfall Could Mean a Longer Wait for Immigrants

Marketplace Radio reports on USCIS's plans to furlough two-thirds of its staff unless Congress sends a $1.2 billion bailout by August 3. AILA President-Elect Allen Orr said the budget shortfall "is from mismanagement of the government by imposing new regulations that weren’t needed."
AILA Doc. No. 20072260

Article: Trump Cuts Legal Immigrants by Half and He's Not Done Yet

Forbes reports that by next year, President Trump will have reduced legal immigration by 49 percent since becoming president, noting that AILA, Justice Action Center, and Innovation Law Lab recently filed suit over his proclamation banning entry of certain immigrants and nonimmigrants.
AILA Doc. No. 20072161

Article (Subscription Req'd): Trump Admin. Risks Penalties for Inaction on DACA

Law360 reports that the USCIS's failure to fully restart the DACA program could result in court penalties. Past AILA President Charles Kuck has filed new DACA requests since SCOTUS's June ruling and says USCIS hasn't cashed checks sent with the requests but hasn't yet rejected any requests.
AILA Doc. No. 20072160

Article: Revamped Suit Challenges Presidential Power to Bar Entry to U.S.

Bloomberg Law reports on an amended complaint filed by AILA, Justice Action Center, and Innovation Law Lab, with pro bono support from Mayer Brown LLP, on behalf of 23 individuals and businesses who claim the president has attempted to “unilaterally rewrite the federal immigration laws.”
AILA Doc. No. 20072061

Article: Despite ICE Retreat, Threat to Foreign Students Remains

Law360 reports that travel restrictions and consular closures pose uncertainty for international students, even after ICE rescinded controversial guidance directed at them. Past AILA President Charles Kuck noted that cutting off international students affects many universities' bottom line.
AILA Doc. No. 20071661

Article: Immigration Courts Reopen Despite Rising Coronavirus Cases

The Associated Press reports that the government continues its push to restart the immigration court system despite rising COVID-19 cases in states where many of the small courtrooms are located. AILA has urged EOIR to postpone the majority of non-detained cases until the health crisis has subsided.
AILA Doc. No. 20071561

Article (Subscription Req'd): 'Public Charge' Guidance More Severe than Policy, Suit Says

Law360 reports on AILA and partners' lawsuit alleging that implementation of the public charge rule is more burdensome than the rule itself. AILA Director of Litigation Jesse Bless called the implementation a "fishing expedition" that is "freezing out the filing of bona fide applications."
AILA Doc. No. 20071560

Article: Trump's COVID-19 Visa Bans May Alter the Face of American Immigration Beyond the Pandemic

The Chicago Reporter features an article on the presidential proclamations banning entry of certain immigrants and nonimmigrants, noting that AILA Director of Federal Litigation Jesse Bless said AILA's litigation team will continue its efforts to challenge the bans.
AILA Doc. No. 20071064

Article: 'Very Upsetting': ICE Deportation Policy Upends Students' Plans

W7 News reports on ICE's announcement that it would deport international students who don't take in-person classes this fall, despite many universities only offering online courses due to COVID-19. AILA member Mahsa Khanbabai said the government is "weaponizing the immigration laws."
AILA Doc. No. 20071063

Article: Trump Admin. Looks to Deny Asylum over Health Fears

Law360 reports on the administration's proposed rule to allow officials to quickly turn away asylum seekers deemed a health risk based on their potential to spread pandemics. AILA President Jennifer Minear called the proposal "an unconscionable attempt to scapegoat vulnerable people."
AILA Doc. No. 20071061

Article: Trump Admin Plans to Block Asylum Seekers from U.S. by Citing Public Health Risk of COVID-19

NBC News reports on DOJ and DHS's plan to make public health risk due to pandemics a reason to deny asylum and withholding of removal. AILA President Jennifer Minear called the proposal a "backstop" in case courts strike down other immigration limitations put in place by the administration.
AILA Doc. No. 20071060

Article: ICE: International Students Must Leave U.S. If Universities Only Offer Online Classes This Fall

Arizona Central reports that a new ICE policy will force international students to leave the country if their colleges switch to online-only instruction in the fall. Past AILA President Charles Kuck said the move was "clearly designed to chase foreign students out of the United States."
AILA Doc. No. 20070762

Article: International Student Banned from Online-Only Instruction

Inside Higher Ed reports ICE won't allow international students to return to or remain in the United States if their colleges adopt online-only instruction this fall. AILA President-Elect Allen Orr said the move is "just mean-spirited" and poses many logistical challenges for these students.
AILA Doc. No. 20070761

Article (Subscription Req'd): Border Search of Cellphones May Need Justices' Input

Law360 reports that SCOTUS may have to rule on what rights travelers have when CBP agents ask to search their cellphones. AILA member Danielle Rizzo says you can ask a CBP officer not to search privileged materials on a device, but what happens next depends on the individual officer.
AILA Doc. No. 20070661

Article: Immigration Judges Sue Trump Administration over Alleged Free-Speech Violation

The Philadelphia Inquirer reports on the immigration judges' union suing DOJ over a policy blocking judges from speaking to the public. Past AILA Philadelphia Chapter Chair Brennan Gian-Grasso said that under this administration, "EOIR has tried to wall off the judges from the community."
AILA Doc. No. 20070261

Article: A Story in the Oregonian Changed His Family's Life Forever, and Set His Career Choice

The Oregonian shares the story of 2020 AILA Media Leadership Award recipient Hamed Aleaziz. In 1998, the newspaper profiled his parents' immigration saga, leading senators to get involved. His parents are now U.S. citizens, and Mr. Aleaziz went on to become a journalist covering immigration.
AILA Doc. No. 20070164

Article: U.S. Immigration Agency to Furlough Workers

Commonwealth Magazine reports that USCIS notified more than two-thirds of its employees that they are likely to be furloughed starting on August 3. AILA New England Chapter Chair Eliana Nader expressed concern that the furloughs could bring the U.S. immigration system to a "total halt."
AILA Doc. No. 20070163

Article: Unclear Scope of Trump's Work Visa Ban Makes Travel Iffy

Law360 reports that the White House's ban on work visas for applicants abroad contains confusing language that is causing visa holders to worry that future travel may jeopardize their immigration status. AILA staff and attorneys have attempted to clarify these issues with DOS.
AILA Doc. No. 20070162

Article: The Shadow Court Cementing Trump's Immigration Policy

The Nation reports that the Trump administration has stacked the BIA with members who have consistently ruled against immigrants. Memos obtained by AILA and the American Immigration Council show that EOIR used shorter hiring timelines to bring on judges with more restrictionist records.
AILA Doc. No. 20070161

Article: The Immigration System Is Set to Come to a Near Halt, and No One Is Paying Attention

BuzzFeed News reports that USCIS is preparing to dramatically roll back its capabilities by furloughing 60 percent of its staff. According to AILA Director of Government Relations Shev Dalal-Dheini, "It essentially will shut down the immigration system — sort of the final nail in the coffin."
AILA Doc. No. 20070160

Article (Subscription Req'd): Visa Seekers Rip Trump's Bid to Duck Insurance Rule Row

Law360 reports on a lawsuit filed by AILA and partners challenging the president's proclamation targeting uninsured green card seekers. In a filing made Friday, plaintiffs said that the White House's motion to nix their case "recycle[s] arguments this court has repeatedly rejected."
AILA Doc. No. 20063061

Article: Immigration Budget Crisis Reflects Change in Policy

World Magazine reports on USCIS's request for a $1.2 billion bailout. AILA Director of Government Relations Shev Dalal-Dheini said, "We recognize that there are problems, many of which were created by USCIS ... But we also recognize that [USCIS has] a very important mission to serve."
AILA Doc. No. 20062962

Article (Subscription Req'd): As Pandemic Keeps Borders Shut, Closed Consulates Are Biggest Barrier for Many

The Wall Street Journal reports that nearly every foreigner wishing to travel to the U.S. faces an impassable hurdle with most U.S. embassies and consulates closed. Past AILA President Anastasia Tonello said, "Even before this latest order, no one was getting in. No one was getting visas."
AILA Doc. No. 20062961

Article (Subscription Req'd): Trump's Judicial Picks to Sway Immigration Law for Years

Law360 reports that President Trump's confirmations to the federal courts could rattle the immigration system for years to come. Recently, a Trump appointee in Washington D.C., Carl Nichols, rejected a request from AILA to halt immigration court proceedings during the COVID-19 pandemic.
AILA Doc. No. 20062564

Article (Subscription Req'd): Immigration Court Fee Hikes Sent to White House for Review

Law360 reports that DOJ will soon hike fees on immigration court filings. AILA and the American Immigration Council submitted a joint comment in response to the fee increase proposal, noting that the increase would put the impacted filings "out of reach for many individuals."
AILA Doc. No. 20062563

Article: Not So Fast: Dem Ask EOIR to Prove It's Ready for Hearings

Law360 reports that Democratic senators questioned EOIR's plans to restart hearings despite upticks in COVID-19 cases across the country. AILA Senior Policy Counsel Laura Lynch said, "The overall lack of transparency about the piecemeal immigration court operations has led to mass confusion."
AILA Doc. No. 20062562

Article: USCIS Informs 13,000 Federal Employees of Potential Furloughs Without Emergency Funding

Roll Call reports that 70 percent of USCIS employees will be furloughed if Congress doesn't approve emergency funding for the agency. Past AILA President Marketa Lindt said any emergency funding for the agency must include "safeguards related to transparency, accountability, and efficiency."
AILA Doc. No. 20062561

Article: Immigration Advocates Criticize Trump's New Visa Restrictions

Cronkite News reports on President Trump's nonimmigrant visa ban. AILA Arizona Chapter Chair Ruben Reyes said he doesn't think that the administration understands that international businesses and American businesses rely on "looking for the best and the brightest, no matter where they are."
AILA Doc. No. 20062465

Audio: H-1B Visa Freeze Might Hurt Rural Areas in Need of Doctors

Marketplace Radio reports on how the nonimmigrant visa ban could impact medical access in rural areas. AILA Board member Mahsa Khanbabai said the ban sends a message to H-1B physicians who are needed to work in rural areas lacking doctors that "we don't want you to work in the United States."
AILA Doc. No. 20062464

Article: Ban on Work Visas Could Draw International Blowback

Law360 reports that the nonimmigrant visa ban may deter multinational companies from setting up shop in the United States. AILA member Greg Siskind called it "absolutely unbelievable" that senior executives of major companies aren't "welcome in the United States to monitor their investments."
AILA Doc. No. 20062463

Article: Judge Rejects Green Card Ban Challenge and Class Cert. Bid

Law360 reports that a judge denied a request to halt President Trump's April immigration ban. AILA Director of Federal Litigation Jesse Bless said, "We stand ready to continue to the fight to show that the president does not have a blank check to rewrite the nation's immigration law."
AILA Doc. No. 20062462

Article: Companies Criticize Visa Suspension, but Impact May Be Muted for Now

The New York Times reports on the nonimmigrant visa ban. Regarding claims that employers would now hire American workers, AILA President Jennifer Minear noted the shortage of STEM workers, adding that unemployed Americans are "not just going to suddenly become qualified to do these jobs."
AILA Doc. No. 20062461

Article: Trump's Incoming Work Visa Freeze Will Be Hit with Lawsuits

Bloomberg Law reports on President Trump's proclamation suspending certain nonimmigrant workers. AILA Director of Federal Litigation Jesse Bless said, "There's certainly going to be litigation [challenging the proclamation], we're going to be part of it."
AILA Doc. No. 20062362

Article: Trump Signs Order Freezing Visas for Foreign Workers Through the End of the Year

NBC News reports on the proclamation signed by President Trump yesterday. AILA Director of Government Relations Sharvari Dalal-Dheini said, "The reality is that the jobs that these foreign nationals would have held are ones that U.S. workers can't or won't fill."
AILA Doc. No. 20062361

Article: Trump to Reboot DACA Rescission Process

Law360 reports that President Trump is renewing efforts to rescind DACA after SCOTUS refused to let the administration terminate it. AILA Director of Federal Litigation Jesse Bless said he believes that President Trump "is not going to protect Dreamers and he has no intention of doing so."
AILA Doc. No. 20062266

Article: Businesses Brace for Possible Limits on Foreign Worker Visas

The New York Times reports that President Trump plans to issue new limits on H-1Bs, L-1s, and other NIVs, as well as on OPT. AILA Director of Government Relations Shev Dalal-Dheini told the Times, "What is being proposed is significant; we just don't know how far it will go."
AILA Doc. No. 20062260

Article (Subscription Req'd): New Relief Possible as Justices Revisit Deportation Notices

Law360 reports that SCOTUS will decide whether DHS must include all required information on a single NTA to trigger the stop-time rule. AILA Second Vice President Jeremy McKinney said a ruling that it must could allow individuals to argue that a deficient NTA robs the court of jurisdiction.
AILA Doc. No. 20060962

Article: Immigration Attorneys Worry ICE Rules Will Take Away Needed Medical Supplies

The Texas Tribune reports that ICE is requiring attorneys to wear protective gear at detention facilities. AILA Second Vice President Jeremy McKinney said the requirement would deny detainees access to counsel "unless [attorneys] rob health care providers" of desperately needed equipment.
AILA Doc. No. 20032460

Article (Subscription Req'd): The Invisible Wall — The Trump Administration Doesn't Like High-Skilled Immigrants Either

The Economist reports that under the Trump administration, legal migrants are finding themselves shut out of the United States, noting that AILA calls this the president's invisible wall.
AILA Doc. No. 20022862

Article: Deloitte Top Participant in H-1B Foreign Worker Program—By Far

Bloomberg Law’s analysis of FY2019 DOL data shows that Deloitte LLP was the top H-1B seeker in the United States. AILA’s President Marketa Lindt said, “Big companies, small companies depend on the H-1B visa to help fill critical workforce gaps” both as direct hires or on a contract basis.
AILA Doc. No. 20020439