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AILA in the News

Article: Former DHS Head Seizes New Powers to Cement Contested Rules

1/14/2021
Bloomberg Government reports that, despite resigning as DHS acting secretary, Chad Wolf continues at DHS as a political appointee, using newly delegated authorities to make legal actions he took while he was chief. Per AILA Director of Federal Litigation Jesse Bless, "It really smells bad."
AILA Doc. No. 21011561

Article: Processing Delays in U.S. Immigration Affecting Foreign Students' Legal Status

1/12/2021
Voice of America reports that international student's immigration status is in jeopardy due to USCIS processing time delays. AILA Associate Director of Government Relations Diane Rish said that receipt notice delays are impacting applicants across a range of visa categories.
AILA Doc. No. 21011360

Article: Trump's Executive Orders on Immigration Could Be Tough to Undo

1/12/2021
Bloomberg Law reports on how Biden may reverse Trump's immigration executive actions. AILA Director of Government Relations Shev Dalal-Dheini said, if 212(f) gives the president authority to suspend immigration programs, the authority would be the same for rescinding those policies.
AILA Doc. No. 21011261

Article: As Asylum Seekers Push Biden for Help, Fresh DHS Regulations Complicate System

12/29/2020
The Tucson Sentinel reports on new restrictions on asylum. AILA Executive Director Ben Johnson said one new rule "effectively shutters the U.S. asylum system." AILA President Jennifer Minear noted, "Border security and a humane approach to those seeking safety can and must work in tandem."
AILA Doc. No. 21010561

Article: Is My Stimulus Check Taxable Income? Will It Reduce My Tax Return? Burning Questions About the Second COVID-19 Stimulus

12/28/2020
MarketWatch reports on the second round of COVID-19 stimulus checks. AILA President-Elect Allen Orr explains provisions authorizing stimulus checks for mixed-status families and the retroactivity clause for people with Social Security numbers who missed out on the first round of checks.
AILA Doc. No. 20122960

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

12/27/2020
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 (Op-Ed): Mayorkas Will Set a New Tone and Agenda at DHS

12/23/2020
The Hill features an op-ed by AILA Director Ben Johnson on how the new administration will need to set a new tone and agenda to change its ethos from one that treats immigrants as a threat to one that understands the power and potential of being a nation that welcomes newcomers.
AILA Doc. No. 20122803

Article (Op-Ed): Leading Legal Experts Urge Aggressive Immigration Actions

12/18/2020
The Hill features an op-ed about a compilation of essays by leading legal scholars, including several AILA members and former AILA presidents, who argue that the new administration should adopt reforms that make legal immigration easier.
AILA Doc. No. 10122260

Article: A Once-in-a-Lifetime Chance for Liberian Immigrants Has Been "Hamstrung" by COVID — and Trump's Dysfunctional Immigration Bureaucracy

12/16/2020
ProPublica reports on the Liberian Refugee Immigration Fairness (LRIF) Act. AILA President-Elect Allen Orr explains the digital divide and pandemic have informing Liberian immigrants about the program's deadlines difficult. LRIF adjustment applications must be filed by December 20, 2020.
AILA Doc. No. 20121761

Article: How Biden Could Reverse Trump's Nativist Legacy on the Border

12/8/2020
Vox reports on President-Elect Biden will need to do to dismantle President Trump's policies attacking asylum seekers at the border. AILA has proposed the Biden administration grant temporary humanitarian parole to asylum seekers who have been subjected to the Migrant Protection Protocols.
AILA Doc. No. 20121460

Article: Trump Administration Loses a Third H-1B Visa Court Case

12/15/2020
Forbes reports on the district court decision finding that the DOL prevailing wage interim final rule violated the APA and ordering DOL to reissue any prevailing wage determinations issued pursuant to the October 8, 2020, rule. AILA spearheaded the lawsuit.
AILA Doc. No. 20121560

Article: Biden’s Immigration Problem: How to End ‘Remain in Mexico’

12/11/2020
Roll Call reports on how President-Elect Biden could fulfill his promise to dismantle the Migrant Protection Protocols (MPP), commonly known as the Remain in Mexico program, citing AILA's recommendation that the incoming administration grant humanitarian parole to MPP asylum seekers.
AILA Doc. No. 20121561

Article: Facebook Lawsuit Raises Troubling Immigration Issues for Companies

12/4/2020
Forbes reports that in its lawsuit against Facebook, DOJ doesn't claim Facebook violated DOL regulations but still asserts it discriminated against U.S. workers. AILA Director of Federal Litigation Jesse Bless called the suit "another mechanism to attack the employment of high skilled labor."
AILA Doc. No. 20120464

Article: Biden Urged to Change Immigration Policy to Send More Health Workers to COVID Hot Spots

12/3/2020
Politico reports on calls for President-Elect Biden to make immigration policy changes to allow thousands of foreign doctors and nurses to aid areas overwhelmed by COVID-19. The American Medical Association, the American Hospital Association, and AILA have joined the calls for change.
AILA Doc. No. 20120463

Article (Subscription Req'd): Trump Administration Claims Facebook Improperly Reserved Jobs for H-1B Workers

12/3/2020
The Wall Street Journal reports that DOJ sued Facebook, accusing it of illegally reserving jobs for immigrant workers, overlooking U.S. workers for the positions. AILA Director of Federal Litigation Jesse Bless said the government would normally seek to settle with a company before suing.
AILA Doc. No. 20120462

Article: 'We've Never Seen These Orders Issued Before': New Deadlines in Immigration Court Have Attorneys Scrambling

11/24/2020
WBUR that immigration courts have begun requiring some immigrants in removal proceedings to quickly file applications requesting relief from deportation within a matter of weeks. AILA New England Chapter Chair Eliana Nader said dozens of attorneys in New England have received these orders.
AILA Doc. No. 20112562

Article: Immigration Advocates Celebrate Alejandro Mayorkas as Biden's Pick to Run Homeland Security

11/24/2020
Yahoo News reports President-Elect Biden plans to nominate Alejandro Mayorkas as DHS secretary. Mayorkas previously served as DHS deputy secretary and would be the first immigrant to lead DHS. AILA Executive Director Ben Johnson said, "This nomination is not only smart, it is historic."
AILA Doc. No. 20112561

Article: A New Immigration Vision for America

11/23/2020
Forbes reports on how President-Elect Biden can support immigrants' long history of contributions to America. AILA Senior Director of Government Relations Greg Chen spoke with Forbes about AILA's Vision for America document and what the incoming administration's first steps should be.
AILA Doc. No. 20112463

Article: Alejandro Mayorkas, Biden's Pick for DHS Head, Would Be First Latino in Post

11/23/2020
NPR reports on President-Elect Biden's plan to nominate Alejandro Mayorkas as DHS secretary. AILA Director of Government Relations Shev Dalal-Dheini said, "By selecting someone who has deep immigration expertise as secretary, it signals that this will be a big priority."
AILA Doc. No. 20112462

Article: Under Trump, Hundreds of Small Changes in Immigration Rules Have Had a Huge Impact

11/23/2020
The Philadelphia Inquirer reports on USCIS's "no-blank-space policy." AILA studied the rejection of 189 forms used to apply for asylum and found that all were turned back because they contained blank spaces instead of specifically using "N/A."
AILA Doc. No. 20112461

Article: Trump Administration Revives Talk of Action on Birthright Citizenship

11/20/2020
The Hill reports that the Trump administration is considering executive action to target birthright citizenship. AILA Director of Government Relations Shev Dalal-Dheini said that, even if the order fails, "That's going to have a deterrent effect on people who are seeking to come here."
AILA Doc. No. 20112460

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

11/16/2020
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 (Opinion): The Urgent Need to Restore Independence to America's Politicized Immigration Courts

11/12/2020
Just Security features an op-ed by AILA Senior Director of Government Relations Greg Chen in which he discusses the Trump administration's extreme politicization of the immigration court system and calls on the President-Elect Biden to act swiftly to restore the immigration courts' integrity.
AILA Doc. No. 20111362

Article: Biden Might Need Years to Reverse Trump's Immigration Policies on DACA, Asylum, Family Separation, ICE Raids, Private Detention, and More

11/13/2020
USA Today reports on what it will take for the incoming Biden administration to reverse the Trump administration's restrictive immigration policies. AILA Director of Federal Litigation Jesse Bless explains potential options for reversing the Trump administration's public charge rule.
AILA Doc. No. 20111361

Article (Opinion): How America's Immigration System Can Work Again

11/11/2020
The Hill features an op-ed by AILA Senior Director of Government Relations Greg Chen, in which he highlights AILA's recommendations to President-Elect Biden, calling on him to reverse the Trump administration's destructive course and restore America as a nation that welcomes immigrants.
AILA Doc. No. 20111160

Article: Tech Giants Warn H-1B Rules Will Push Businesses Abroad

11/2/2020
Law360 reports that Google, Apple, and other tech giants have filed an amicus brief in a lawsuit challenging new policies tightening criteria for H-1B visas. Two lawsuits challenging the new rules have been filed, including one spearheaded by AILA.
AILA Doc. No. 20110463

Article (Subscription Req'd): DOJ Accused Of Hiding 'Secretive' Immigration Court Plans

11/2/2020
Law360 reports that AILA, the American Immigration Council, and the National Immigrant Justice Center are suing the Trump administration for withholding records they claim show the government's plans to set up more immigration courts hidden from public view.
AILA Doc. No. 20110462

Article: ICE Medical Misconduct Witness Slated for Deportation Is a U.S. Citizen, Says Lawyer

11/2/2020
The Intercept reports that ICE has moved to deport a woman who became a witness for medical misconduct at a Georgia detention center. The woman, who is detained at that facility, is a U.S. citizen. A 2015 ICE memo, shared on AILA's website, provides guidelines for these kinds of cases.
AILA Doc. No. 20110461

Article: Flaw in DOL Rule Sets H-1B Visa Salaries at $208,000 a Year

11/2/2020
Forbes reports that a lawsuit spearheaded by AILA cites an analysis by the National Foundation for American Policy that found the new DOL wage system mandates employers pay an annual salary of $208,000 for more than 18,000 combinations of occupations and geographic labor markets.
AILA Doc. No. 20110264

Article: Asylum Seekers in Limbo Look to U.S. Election with Hope and Fear

11/1/2020
Al Jazeera reports that asylum seekers subject to the Migrant Protection Protocols (MPP) are watching the U.S. election closely. AILA Board of Governors member Ruben Reyes says the MPP and “safe third-country” agreements make seeking asylum in the United States almost impossible.
AILA Doc. No. 20110263

Article: ICE Urged to Release Detainees Amid Outbreak in Colorado

10/29/2020
Law360 reports on calls to release detained immigrants as COVID-19 cases surge. AILA Colorado Chapter Chair Nicole Murad said that COVID-19 had "spiked" in recent weeks at the Aurora Contract Detention Facility, with about 25 to 30 percent of the detainees at the center being infected.
AILA Doc. No. 20110262

Article: Under Trump, Citizenship and Visa Agency Focuses on Fraud

11/1/2020
The Associated Press reports on changes at USCIS under the Trump administration, citing a report by AILA about drastic increases in case processing times at the agency.
AILA Doc. No. 20110261

Article: 19 Women Allege Medical Abuse in Georgia Immigration Detention

10/22/2020
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 (Subscription Req'd): Chamber, Universities Challenge 'Assault' on H-1B Visas

10/19/2020
Law360 reports on two suits filed to strike down the Trump administration's work visa restrictions, including a lawsuit filed by AILA and AILA BOG members on behalf of universities and trade associations to challenge the DOL interim final rule changing the computation of prevailing wages.
AILA Doc. No. 20102261

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

9/15/2020
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

9/16/2020
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?

9/14/2020
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

9/10/2020
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

9/10/2020
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

9/9/2020
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.

9/3/2020
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

9/3/2020
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

9/3/2020
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

9/3/2020
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

9/2/2020
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

9/2/2020
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

8/28/2020
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

8/12/2020
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

8/12/2020
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

8/10/2020
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

8/9/2020
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

8/10/2020
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

8/6/2020
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
NJ.com 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

8/3/2020
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

8/3/2020
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

7/31/2020
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

7/29/2020
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

7/28/2020
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

7/22/2020
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

7/21/2020
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

7/21/2020
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

7/21/2020
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

7/21/2020
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

7/20/2020
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.

7/17/2020
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

7/15/2020
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

7/13/2020
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

7/13/2020
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

7/8/2020
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

7/8/2020
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

Audio: The Cultural Mosaic: COVID-19 in Detention Centers and Immigration Court Issues

7/9/2020
KUCI's radio talk show The Cultural Mosaic features an interview with AILA Senior Policy Counsel Laura Lynch about the spread of COVID-19 in ICE detention centers and the pandemic's impact on the immigration court system.
AILA Doc. No. 20071062

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

7/8/2020
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

7/8/2020
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

7/6/2020
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

7/7/2020
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

7/2/2020
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

7/1/2020
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

6/30/2020
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

6/30/2020
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

6/30/2020
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

6/30/2020
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

6/30/2020
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

6/29/2020
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

6/25/2020
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

6/27/2020
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

6/24/2020
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

6/24/2020
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

6/23/2020
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

6/24/2020
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

6/24/2020
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

6/23/2020
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

6/23/2020
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

6/23/2020
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

6/23/2020
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

6/22/2020
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

6/22/2020
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

6/19/2020
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

Audio: Legal Questions Remain for Dreamers After Supreme Court's DACA Decision

6/18/2020
KPCC features an interview with Alma Rosa Nieto of the AILA Media Advocacy Committee in which she addresses the legal questions that remain after the Supreme Court decision temporarily upholding the DACA program.
AILA Doc. No. 20062265

Article: Supreme Court Rules that Trump Could Not End DACA, Delivering Victory to Young Immigrants Who Know America as Home

6/18/2020
The Philadelphia Inquirer reports on SCOTUS rejecting the Trump administration's move to end DACA. AILA Executive Director Ben Johnson noted, "For the sake of not only Dreamers but our nation, this legal limbo must end," and called on Congress to approve permanent protections for Dreamers.
AILA Doc. No. 20062264

Article (Subscription Req'd): Despite High Court Ruling, DACA Faces Uncertain Future

6/18/2020
Law360 reports that the SCOTUS decision preserving DACA was narrow and left a door open for DHS to attempt to rescind it again. AILA Senior Director of Government Relations Greg Chen said that Congress must now "get together and pass bipartisan legislation to protect Dreamers permanently."
AILA Doc. No. 20062262

Article (Subscription Req'd): High Court Won't Let Trump Administration End DACA

6/18/2020
Law360 reports on the SCOTUS decision finding DHS's decision to terminate DACA to be arbitrary and capricious. AILA Executive Director Ben Johnson said, "Dreamers across the country, and those who love and depend on them, are breathing a sigh of relief."
AILA Doc. No. 20062261

Article: Businesses Brace for Possible Limits on Foreign Worker Visas

6/19/2020
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: Immigration Attorneys Face Courtroom Challenges Amid Pandemic

6/17/2020
Roll Call reports on how COVID-19 has impacted immigration court hearings. With EOIR alternating between closing and reopening courtrooms, many attorneys say they only learn about court closures when EOIR posts a notice on Twitter, a practice repeatedly criticized by AILA.
AILA Doc. No. 20061860

Article (Subscription Req'd): First Circ. Finds Asylum Seeker Was Denied Counsel Access

6/16/2020
Law360 reports that the First Circuit issued an opinion scolding an immigration judge for giving a Salvadoran asylum seeker two weeks to find an attorney. The case drew the attention of the AILA New England Chapter and other organizations that submitted amicus briefs in the case.
AILA Doc. No. 20061765

Article: Sweeping Asylum Rules Near as Public Feedback Is Sought

6/15/2020
The Associated Press reports on a new proposed rule on asylum, which would allow immigration judges to reject claims without a hearing. AILA Senior Director of Government Relations noted that asylum seekers without attorneys and who don't speak English would be especially disadvantaged.
AILA Doc. No. 20061763

Article: Planned Asylum Overhaul Threatens Migrants' Due Process

6/12/2020
Law360 reports on the Trump administration's proposed overhaul of the U.S. asylum process. AILA Asylum Committee Chair Dree Collopy told Law360 that she thought the pretermission authority for immigration judges was the most striking attack on due process in the proposal.
AILA Doc. No. 20061762

Article: Attys Say U.S. Is Approving Visas to Skirt Green Card Ban Suit

6/11/2020
Law360 reports on the lawsuit filed by AILA and other groups to challenge the president's April immigration ban. Several individual plaintiffs in the suit have now been granted visas. AILA Director of Federal Litigation Jesse Bless called it an effort to "moot out sympathetic plaintiffs."
AILA Doc. No. 20061562

Article: Trump Administration Proposes Toughest Asylum Rules to Date: Why It Matters

6/11/2020
Al Día reports on the Trump administration's newly proposed asylum regulations. AILA Senior Director of Government Relations Greg Chen said the proposal "cuts out survivors of domestic violence and those targeted by transnational gangs."
AILA Doc. No. 20061561

Article: Trump Wasted So Much Money Harassing Immigrants That His Immigration Agency Needs a Bailout

6/11/2020
The Washington Post features an op-ed about USCIS's request to Congress for an emergency $1.2 billion infusion from taxpayers. Columnist Catherine Rampbell cites AILA and the American Immigration Council's recommendations for how USCIS could address its budget shortfall.
AILA Doc. No. 20061560

Article: New Trump Admin Proposal Would Make It Harder for Immigrants to Claim Asylum in U.S.

6/10/2020
NBC News reports on EOIR and USCIS's new proposed rule amending regulations on asylum, withholding of removal, and protection under CAT. AILA Senior Director of Government Relations Greg Chen said it is "the kitchen sink of asylum bans and will end any notion of asylum that still remains."
AILA Doc. No. 20061161

Article: White House Prepares New Immigration Limits, Using Coronavirus as Cover

6/9/2020
CNN reports that the president is preparing more restrictions on legal immigration that may target people on temporary work visas. AILA Senior Director of Government Relations Greg Chen posed the question: "Why would he want to cut off critical workforce that will help the economy recover?"
AILA Doc. No. 20061160

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

6/8/2020
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: Attys Ask USCIS Not to Punish Visa Seekers over Virus Fears

6/5/2020
Law360 reports that as USCIS prepares to reopen its offices to the public, AILA made recommendations to the agency aimed at ensuring the health of those with business before USCIS, including that the agency "allow for appointments to be rescheduled for any reason without consequence."
AILA Doc. No. 20060862

Article: Postgrad Visa Restrictions Likely to Curb Economic Growth

6/4/2020
Law360 reports that restrictions on visa programs for international student graduates may soon be announced, and OPT may be on the chopping block. Past AILA President William Stock said ending OPT would likely hit smaller and state universities with less name recognition the hardest.
AILA Doc. No. 20060562

Article: Immigrant Doctors on the Frontlines of COVID-19 Are Asking America for a Safety Net

6/2/2020
Mother Jones reports on the difficulties faced by doctors on nonimmigrant visas. AILA New England Chapter Chair Mahsa Khanbabai noted that "physicians putting their life on the line" may have to wait up to 20 years for a green card, adding, "There needs to be something to help them out."
AILA Doc. No. 20060460

Article (Subscription Req'd): High Court Ruling Unlikely to Spur 'Sea Change'

6/1/2020
Law360 reports on the recent Supreme Court decision holding that courts can review factual challenges to a CAT order. AILA Second Vice President Jeremy McKinney said that the ruling expands the kind of issues that can be raised on appeal but doesn't provide a new layer of judicial review.
AILA Doc. No. 20060461

Article: DHS Cites "Internal Disconnect' for Migrant Hearing Mix-Up

5/29/2020
Law360 reports that DHS clarified its conflicting guidance on how migrants stuck in Mexico can get rescheduled immigration court dates. AILA Policy Counsel Leidy Perez-Davis lamented that the clarification wasn't issued in an official statement or distributed to migrants in the MPP program.
AILA Doc. No. 20060162

Article (Subscription Req'd): Trump Block Visas for Chinese Students with Military Ties

5/29/2020
Law360 reports on the presidential proclamation banning the entry of certain Chinese citizens with military ties on student visas. AILA Director of Government Relations Shev Dalal-Dheini said the "devil will be in the detail" of how it is determined who has sufficient ties to the military.
AILA Doc. No. 20060161

Article: USCIS Plans to Reopen Office in June After Two-Month Pause

5/27/2020
Law360 reports that USCIS will begin reopening its offices and resume citizenship ceremonies in early June. AILA New England Chapter Chair Mahsa Khanbabai said that she had heard from several attorneys in her region whose clients have started receiving notices for rescheduled oath ceremonies.
AILA Doc. No. 20052861

Article: DOJ Memo Offered to Buy Out Immigration Board Members

5/27/2020
CQ Roll Call reports that DOJ offered BIA members buyouts as part of efforts to restructure the immigration court system with judges who were more likely to restrict asylum. AILA Executive Director Ben Johnson said the revelation underscores the need for "an independent immigration court."
AILA Doc. No. 20052860

Article: Trump Admin Tries to Clarify Muddled 'Remain in Mexico' Plan

5/15/2020
Law360 reports that migrants waiting in Mexico for now-canceled MPP hearings that were scheduled before June 22 should come to the border one month after their original hearing dates. According to AILA, DHS confirmed these directions after conflicting instructions caused confusion.
AILA Doc. No. 20051860

Article: Asylum Seekers Won't Be Required to Show Up for Delayed Hearings This Month

5/11/2020
Fronteras reports on Migrant Protection Protocols hearings being further delayed and in-person document service being suspended. AILA Executive Director Ben Johnson said, "This basically ensures that countless asylum seekers will miss important announcements to the detriment of their cases."
AILA Doc. No. 20051362

Article: 'Remain in Mexico' Changes Spark Confusion at the Border

5/12/2020
Law360 reports on DHS postponing Migrant Protection Protocols hearings and changing procedures for getting new hearing dates. AILA President Marketa Lindt said the move "will only create more confusion" and likely cause people to make "unnecessary and dangerous trips to U.S. ports of entry."
AILA Doc. No. 20051361

Article: They Lost Their Jobs. Now They May Have to Leave the U.S.

5/12/2020
The New York Times reports on the impact of the economic fallout of COVID-19 on H-1B workers. AILA Director of Government Relations Shev Dalal-Dheini explained that for those already rooted in the United States, the consequences of their visas being canceled are "life-altering."
AILA Doc. No. 20051360

Article: Will Filing for Unemployment Hurt My Green Card? Legal Immigrants Are Afraid

5/11/2020
NPR reports that some legal immigrants are hesitant to collect unemployment for which they are eligible out of fears it could jeopardize their immigration case or status. AILA First Vice President Allen Orr said, "The perception is the problem, not the reality."
AILA Doc. No. 20051262

Article: Trump's Immigration Freeze Is Hurting U.S. Citizens Waiting to Reunite with Loved Ones

5/8/2020
Arizona Republic reports on the president's proclamation suspending the entry of certain immigrants. AILA Director of Government Relations Shev Dalal-Dheini said that the administration is using COVID-19 as an excuse to carry out its longstanding goals to change the legal immigration system.

Article: Immigration Board Picks Under Trump to Set Lasting Policy

5/8/2020
Law360 reports on the politicization of the BIA under the Trump administration. AILA Senior Policy Counsel Laura Lynch noted that the decisions BIA members make are "life or death decisions for those seeking protection."
AILA Doc. No. 20051161

Article: Trump Introduces New Sponsorship Rules as Part of “Insidious Campaign” to Halt Immigration

5/6/2020
Ms. Magazine features an article about the administration's proposed changes to Form I-864, Affidavit of Support, and related forms, noting that readers can get more information and find tools to express their opposition to the proposed changes on AILA's advocacy page.
AILA Doc. No. 20050761

Article: Senate Bill Seeks More Vias for Foreign Health Workers in U.S.

5/5/2020
Al Jazeera America reports on a bipartisan Senate bill that would allow 40,000 immigrant doctors and nurses to gain visas and work permits and join the fight against the COVID-19 pandemic. The bill is supported by AILA, as well as several U.S. medical professional associations.
AILA Doc. No. 20050661

Article (Subscription Req'd): Trump Pick Slams 9th Circ. OK of Immigration Rule Block

5/4/2020
Law360 reports that a split Ninth Circuit panel refused to pause a block on the president's proclamation on healthcare insurance for immigrants. AILA Director of Federal Litigation Jesse Bless hailed the ruling, saying that families across the country could "breathe a sigh of relief."
AILA Doc. No. 20050562

Article: DOJ Hiring Changes May Help Trump's Plan to Curb Immigration

5/4/2020
CQ Roll Call reports on EOIR documents that AILA and the American Immigration Council recently obtained through FOIA litigation. The documents reveal shortened hiring timelines and suggest preference for judges with records of rulings against immigrants.
AILA Doc. No. 20050561

Article: Judge Rejects Request to Suspend Immigration Court Hearings amid Coronavirus Outbreak

4/28/2020
The Hill reports that a federal judge rejected a request to suspend immigration court proceedings during the coronavirus pandemic that was filed by AILA, the NIPNLG, the Immigration Justice Campaign, and five detained individuals.
AILA Doc. No. 20042962

Article: Trump Immigration Suspension Under Fire as Experts Say Economic Benefits Unclear

4/28/2020
ABC News reports on President Trump's proclamation suspending immigration into the United States. Attorneys with AILA requested a hold on the proclamation while the courts continue to decide the fate of previously issued health insurance restrictions.
AILA Doc. No. 20042961

Article: Lawsuit Asks Judge to Stop Trump Immigration Order

4/27/2020
Forbes reports on the motion for a temporary restraining order (TRO) filed to halt the president's suspension of immigration. AILA Director of Federal Litigation Jesse Bless explained that "the TRO was filed as part of the ongoing suit against the … Healthcare Insurance Proclamation."
AILA Doc. No. 20042762

Article: Oregon Immigration Advocacy Group, Others Seek Court Order to Halt Part of Trump's Temporary Freeze on Green Cards

4/26/2020
The Oregonian reports on the motion for a temporary restraining order filed by AILA, Innovation Law Lab, and the Justice Action Center to block the president's ban on visa services for visa applicants at risk of aging out of their preferential underage status for the processing of visas.
AILA Doc. No. 20042763

Article: Trump's Green Card Ban May Free Up More Employment Visas

4/24/2020
Law360 reports that the president's proclamation suspending immigration, ostensibly aimed at protecting American jobs, may actually increase the number of employment-based green cards available. Past AILA President William Stock and other AILA members provide insights on the potential impact.
AILA Doc. No. 20042761

Article: What We Know — and Don't Know — About Trump's New Immigration Order

4/23/2020
Talking Points Memo reports on the presidential proclamation suspending entry of certain immigrants into the United States. According to AILA Director of Government Relations Shev Dalal-Dheini, "If this proclamation isn't lifted in 60 days, the impacts could be dire."
AILA Doc. No. 20042360

Article: Trump's Vow to Suspend Immigration over Coronavirus Has Certain Industries on Edge

4/22/2020
USA Today reports on the president's intention to suspend parts of the U.S. immigration system. "He's doing this at a time when there is nobody traveling," AILA Executive Director Ben Johnson told USA Today, adding, "Everybody needs to understand that this is a political strategy."
AILA Doc. No. 20042261

Article: Trump Orders 60-Day Immigration Halt Due to CV-19

4/21/2020
Tucson Sentinel reports on the president's plan to halt immigration to the United States. AILA Executive Director Ben Johnson said, "In the face of growing questions and criticism about his handling of the COVID-19 crisis … President Trump resorted to distraction, blame, and fear-mongering."
AILA Doc. No. 20042262

Article: As Coronavirus Crushes Jobs, Trump Will Sign Order Banning Some Immigrants

4/21/2020
Yahoo News reports on President Trump's plans to "temporarily suspend immigration into the United States." AILA Executive Director Ben Johnson said, "Of course DHS doesn't have any idea what this is or what it will look like … because this isn't about policy, it's about politics."
AILA Doc. No. 20042260

Article: Otay Mesa Immigration Courts Closed, Hearings Postponed as Detention Facility COVID-19 Cases Grow

4/15/2020
The San Diego Union-Tribune reports on the temporary closure of an immigration court at a San Diego detention center. AILA Senior Policy Counsel Laura Lynch called the decision to close in-person hearings at the court for only a few days "disconnected from the advice of medical experts."
AILA Doc. No. 20041661

Article: Cameroonian Asylum Seeker, Detained for Three Years, Released from ICE Custody

4/15/2020
The American Prospect reports on a lawsuit that brought the release of four asylum seekers during the COVID-19 outbreak. AILA and other organizations have also filed lawsuits on behalf of immigrants who are detained in the midst of the COVID-19 pandemic.
AILA Doc. No. 20041562

Article: H-1B Workers Lose Jobs, Legal Status Amid Pandemic

4/15/2020
Roll Call reports on difficulties faced by H-1B workers due to the COVID-19 pandemic. AILA sued USCIS in an effort to force it to maintain nonimmigrants' status and extend deadlines. AILA Director of Federal Litigation Jesse Bless noted that many healthcare workers are on nonimmigrant visas.
AILA Doc. No. 20041561

Article: Maine Voices: Coronavirus Makes Immigration Courts Unsafe

4/13/2020
Press Herald reports on how EOIR's refusal to close all immigration courts during the COVID-19 emergency is impacting immigrants and their attorneys in Maine, noting that immigration judges, ICE professionals, and AILA are calling for the emergency closure of all U.S. immigration courts.
AILA Doc. No. 20041460

Article: Tensions Skyrocket as Covid-19 Fears Grip Arizona Detention Center

4/13/2020
Arizona CIR reports on complaints over how ICE detention centers are handling the COVID-19 outbreak. AILA Senior Policy Counsel Laura Lynch said AILA is receiving numerous reports from attorneys with concerns about clients who are ill or are being exposed to others with COVID-19 symptoms.
AILA Doc. No. 20041365

Article: USCIS Disputes Improperly Denying 900 H-1B Visa Registrations

4/13/2020
Forbes reports that USCIS disputes that it denied numerous H-1B registrations as duplicates due to flaws in its new registration system. AILA has received reports of this issue from at least 61 immigration attorneys, according to AILA Associate Director of Government Relations Diane Rish.
AILA Doc. No. 20041364

Article: Migrant Children Still Face Speedy Deportation Hearings in COVID-19 Hotspots

4/10/2020
The Marshall Project reports that the Trump administration is pressing ahead with the deportation cases of unaccompanied migrant children who were sent to shelters in New York. AILA and other groups asked a federal court to force DOJ to suspend in-person hearings during the pandemic.
AILA Doc. No. 20041363

Article: Immigrant Doctors Face Challenges to Work, Even in Coronavirus Pandemic

4/10/2020
The Hill reports on the immigration challenges faced by foreign-born medical professionals in the midst of the COVID-19 crisis. AILA President-Elect Jennifer Minear said doctors trained abroad who have been accepted into U.S. residency programs are struggling to get their visas processed.
AILA Doc. No. 20041361

Article (Subscription Req'd): Challengers to Trump's Uninsured Immigrant Ban Win Cert.

4/8/2020
Law360 reports that a federal judge granted class certification in the lawsuit filed by AILA and partners challenging the president's healthcare proclamation. AILA Director of Litigation Jesse Bless called it an "important step towards making sure the proclamation never becomes effective."
AILA Doc. No. 20040961

Article: Chinese Workers in the U.S. Are Losing Their Visas with Their Jobs. But Flying Home to China Is Too Expensive

4/9/2020
CNN reports on Chinese workers in the United States losing their H-1B visas following lay-offs. AILA member Ying Cao said, "I've never seen so many visa holders losing their jobs." AILA sued USCIS, asking a judge to allow nonimmigrants to maintain legal status amid the COVID-19 pandemic.
AILA Doc. No. 20040960

Article: Coronavirus Fueling 'Total Chaos' and Tough Decisions for Minnesota's Immigrant Workers

4/7/2020
Minnesota Public Radio reports that the transition to working remotely has caused chaos for immigrant workers and their employers. AILA sued USCIS, asking a judge to pause visa deadlines and protect the status of foreign nationals legally living, working, or studying in the United States.
AILA Doc. No. 20040863

Article: Judges Slap Down USCIS Again on H-1B Visas

4/8/2020
Forbes reports on three new court decisions finding that USCIS unlawfully denied H-1B petitions for foreign-born professionals. Documents obtained by AILA as the result of FOIA litigation demonstrate that USCIS narrowed its interpretation of what qualifies as an H-1B specialty occupation.
AILA Doc. No. 20040862

Article: Trump Administration Relaxes Regulations to Fight Coronavirus and Also Loosens Environmental Rules

4/7/2020
NBC News reports that amidst the COVID-19 pandemic, the administration is altering regulations—but not just to address the pandemic. Regarding a new DOJ rule expanding the BIA, AILA Senior Policy Counsel Laura Lynch said, "The fact that it goes into effect overnight is deeply problematic."
AILA Doc. No. 20040861

Article: Judges Call for All Immigration Courts to Close in Wake of Coronavirus

4/6/2020
Cronkite News reports on calls for EOIR to close all immigration courts. AILA Senior Policy Counsel Laura Lynch said that leading public health experts warn that not only are the judges, the attorneys, and the court staff being put at risk, but so is everyone they come into contact with.
AILA Doc. No. 20040761

Article: Immigration Can Save Lives During America's COVID-19 Crisis

4/6/2020
Forbes features an interview with past AILA President William Stock on the current shortcomings in possible solutions that would bring more healthcare professionals to the front lines of the U.S. fight against the COVID-19 global pandemic.
AILA Doc. No. 20040664

Article: Immigration Lawyers Sue to Keep Foreign Nationals in Lawful Status

4/3/2020
Inside Higher Ed reports on AILA's lawsuit against USCIS seeking the immediate suspension of immigration benefit deadlines and maintenance of status for individuals on nonimmigrant visas, a group that includes students and exchange scholars and foreign healthcare workers with temporary visas.
AILA Doc. No. 20040663

Article: As Coronavirus Spreads, So Does Panic and Confusion at Immigration Courts Across the U.S.

4/3/2020
The Appeal reports that immigration courts continue to operate as the novel coronavirus races across the country. AILA has called for in-person hearings to end and urged for improved access for essential hearings for people who are detained.
AILA Doc. No. 20040662

Article: Faced with 'Legal Peril,' Attys Seek to Pause Visa Deadlines

4/3/2020
Law360 reports that AILA filed suit against DHS and USCIS, saying a federal judge must step in to extend immigration visas and toll filing deadlines that attorneys cannot meet as states enact shelter-in-place orders and nonessential businesses shut down.
AILA Doc. No. 20040661

Article: Trump Administration Has Turned Immigration Court into 'Public Health Hazard'

4/2/2020
The Daily Beast reports that the administration refuses to postpone all immigration court hearings or extend visa deadlines amid the COVID-19 crisis. AILA Director of Litigation Jesse Bless says, “Every federal agency is stopping time, and yet USCIS ... [has] said it’s business as usual.”

Article: USCIS Mistakenly Denied Over 100 H-1B Visa Registrations

4/2/2020
Forbes reports that USCIS mistakenly denied more than 100 H-1B registrations filed for new H-1B petitions. According to AILA Associate Director of Government Relations Diane Rish, AILA received reports from attorneys that at least 103 H-1B registrations were mistakenly rejected as duplicates.
AILA Doc. No. 20040262

Article: H-1B Worker Pay Options During Pandemic Limited by Visa Rules

4/1/2020
Bloomberg Law reports that as companies pare down business and workers during the COVID-19 pandemic, those that employ H-1B workers have fewer options. AILA President Marketa Lindt explains that H-1B workers must be paid "the wage offered on the LCA," including during "nonproductive periods."
AILA Doc. No. 20040261

Article: Immigration Attys Sue to Halt In-Person Detention Hearings

3/31/2020
Law360 reports that DOJ has refused to pause in-person detention hearings amid the COVID-19 pandemic, forcing attorneys to choose between prioritizing their health or their clients' right to counsel, according to a lawsuit filed by AILA and partners.
AILA Doc. No. 20040163

Article: Immigration Groups Sue Trump Administration for Keeping Courts Open Amid Coronavirus

3/31/2020
The Hill reports on a lawsuit filed by AILA and partners against the Trump administration over EOIR's refusal to close immigration courts during the coronavirus public health crisis.
AILA Doc. No. 20040162

Article: Immigration Lawyers Sue Feds over Risks of In-Person Coronavirus Hearings

3/31/2020
CBS News reports on the lawsuit that AILA and partners filed against the federal government to stop in-person immigration hearings and ensure other measures are taken to protect attorneys and their clients and guarantee due process for the duration of the coronavirus crisis.
AILA Doc. No. 20033161

Audio: The Coronavirus and the Legal System

3/30/2020
Ohio Public Radio reports on how the COVID-19 global pandemic is affecting the U.S. legal system, with analysis about the impact on the immigration system from AILA DOS Liaison Committee member Heather Prendergast.
AILA Doc. No. 20033162

Article: Arizona Lawyers Turned Away from Immigration Detention Centers

3/26/2020
The Arizona Mirror reports that, according to the Arizona chapter of the American Immigration Lawyers Association, ICE is turning away Arizona lawyers from immigration detention centers if they don't bring their own nitrile gloves, surgical mask or N95 respirator, and eye protection.
AILA Doc. No. 20033061

Article: Legal Immigrants at Risk of Losing Status During Coronavirus Pandemic

3/26/2020
The Hill reports that thousands of people with legal status could inadvertently violate immigration laws over the next few months, as USCIS remains closed due to the COVID-19 pandemic. AILA Director of Government Relations Shev Dalal-Dheini said people are being put "into a catch-22."
AILA Doc. No. 20032660

Article: Varick St. Immigration Court Reopened Despite Court Staffer Testing Positive for COVID-19

3/25/2020
Documented NY reports that a Manhattan immigration court reopened after closing for one day due to a court staffer testing positive for COVID-19. AILA and the unions representing ICE attorneys and immigration judges have formed an unprecedented alliance to push for the closure of the courts.
AILA Doc. No. 20032661

Article: Immigration Attorneys Required to Wear Masks, Gloves to Represent Clients in Aurora Detention Center

3/25/2020
The Denver Post reports that a new ICE mandate forces attorneys to procure protective gear desperately needed by medical professionals or risk their client's case. AILA Second Vice President Jeremy McKinney said, "All live in-person hearings need to be immediately suspended."
AILA Doc. No. 20032662

Article: Immigrants, Refugees in Georgia Vulnerable Amid Coronavirus Pandemic

3/25/2020
The Atlanta Journal-Constitution reports on how the COVID-19 pandemic is impacting Georgia's immigrants and refugees. Past AILA President Charles Kuck said, "If they are afraid to get tested and it starts running rampant in their communities, it is only going to make it worse for us."
AILA Doc. No. 20032663

Article: Coronavirus Cases Prompt DOJ to Close More Immigration Courts

3/24/2020
Roll Call reports DOJ closed two more immigration courts after announcing someone in each court system had tested positive for coronavirus. But more than 40 other immigration courts remained open despite pleas from AILA and the unions representing immigration judges and ICE professionals.
AILA Doc. No. 20032561

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

3/24/2020
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: Anger Builds over Virus Dangers in Immigration Courts

3/17/2020
Politico reports that the immigration courts' response to the COVID-19 pandemic has prompted outrage from judges, immigrants' lawyers, and even the attorneys who serve as prosecutors. According to AILA Second Vice President Jeremy McKinney, "The immigration courts need to close. Period."
AILA Doc. No. 20032362

Article: Coronavirus Could Hit Immigrant Detainees Hard in Places that Are Already 'a Petri Dish'

3/20/2020
The Philadelphia Inquirer reports on concerns that COVID-19 could spread in immigration detention centers, affecting migrants and staff, as well as the wider community. AILA Second Vice President Jeremy McKinney said, "The risk of this spreading in the detained population remains high."
AILA Doc. No. 20032361

Article: Immigration Courts Are Still Open as Coronavirus Cases Grow

3/19/2020
PBS Newshour reports that immigration hearings continue as much of the nation has hunkered down to prevent the spread of COVID-19. AILA Second Vice President Jeremy McKinney called for immigration courts to close, noting that "the status quo presents a grave danger to public health."
AILA Doc. No. 20032360

Article: Immigration Attorneys Ask Agencies for No-Contact Solutions

3/19/2020
Bloomberg Law reports on AILA's letter to USCIS seeking changes to employment eligibility verification practices to allow for initial virtual verification. “This isn’t just an immigration issue, this affects everybody,” said Sharvari Dalal-Dheini, AILA's Director of Government Relations.

Article: An Unprecedented Group of Immigration Prosecutors, Lawyers, and Judges Are Calling for Courts to Be Closed

3/15/2020
BuzzFeed News reports on a unified statement released by the National Association of Immigration Judges (NAIJ), the ICE Professionals Union, and AILA calling for the immediate shutdown and closure of immigration courts for 2-4 weeks across the country to curb the spread of the coronavirus.
AILA Doc. No. 20031602

Article: H-1B Work Visa Ruling Comes Down to Conjunctions

3/12/2020
Tech Target reports that a district court ruled in favor of IT contractors in a lawsuit challenging H-1B denials. AILA Director of Government Relations Shev Dalal-Dheini said the case combined 33 lawsuits by contractors, making it harder for the government to ignore the decision.
AILA Doc. No. 20031361

Article: Broken Promise: Visa Program Leaves Crime Victims in Limbo

3/8/2020
Law 360 reports that backlogs and processing delays are leaving U visa applicants, mostly women who have suffered domestic violence or sexual abuse, vulnerable. AILA has collected more than 140 examples of a new hurdle: applications being rejected because an irrelevant field was left blank.
AILA Doc. No. 20031160

Article: Trump's Immigration Policies May Put People at Risk of Coronavirus — Experts

3/8/2020
The Guardian reports that, amid the global health emergency caused by the coronavirus, experts worry that the administration's immigration policies may put everyone at risk. AILA Board member Ally Bolour expressed concern that some immigrants may avoid medical care due to fear of deportation.
AILA Doc. No. 20030960

Article: A Philly Immigration Judge Retired Because Trump Turned Appeals Courts into ‘a Politburo-Like Rubber Stamp’

3/2/2020
The Philadelphia Inquirer profiles an immigration judge who retired early due to the Trump administration's pressures on the courts. Judge Charles Honeyman is looking forward to speaking more freely about immigration and recently addressed the AILA Philadelphia Chapter's CLE conference.
AILA Doc. No. 20030260

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

2/29/2020
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 (Subscription Req'd): New Border Program Puts Asylum Seekers on Fast Track to Deportation

2/28/2020
The Wall Street Journal reports on the Prompt Asylum Claim Review (PACR) program. According to AILA Policy Counsel Leidy Perez-Davis, "The program completely curtails any access to counsel—lawyers have been completely cut off from having meaningful access to their clients."
AILA Doc. No. 20022861

Article: The Trump Administration Is Gagging America’s Immigration Judges

2/28/2020
The Atlantic reports on efforts to restrict immigration judges (IJs) from speaking publicly about their work. Before 2017, IJs often spoke at educational seminars, but AILA Senior Policy Counsel Laura Lynch says AILA and other groups now must rely on retired IJs for these types of events.
AILA Doc. No. 20022860

Article: Health Insurance Mandate: The Next Hammer to Fall on Immigrants

2/25/2020
Forbes reports on President Trump's health insurance proclamation, with analysis from AILA Director of Federal Litigation Jesse Bless on whether the Supreme Court will overturn the injunction currently blocking the proclamation, thus allowing the administration to implement it.
AILA Doc. No. 20022563

Article: Will Trump's New Public Charge Rule Close Door on Immigrants' Hope of the American Dream?

2/24/2020
The Dallas Morning News reports on implementation of the public charge rule. Jason Mills, a member of AILA's DOS Liaison Committee, said new forms related to the rule would create more work for the government, noting that the additional work would add to the already existing case backlog.
AILA Doc. No. 20022562

Article: Presidential Proclamation Sows Confusion Within the State Department

2/24/2020
Documented reports on the president's health insurance proclamation and the lawsuit filed by AILA, Justice Action Center, and Innovation Law Lab that led to a nationwide preliminary injunction that is currently blocking implementation of the proclamation.
AILA Doc. No. 20022561

Article: The Real Impact of Trump's "Public Charge" Immigration Rule

2/23/2020
Axios reports on the implementation of the new public charge rule. AILA Director of Federal Litigation Jesse Bless said the rule was part of the administration's "invisible wall" against legal immigration, noting that many attorneys are concerned it could violate state or local privacy laws.
AILA Doc. No. 20022460

Article: Online System for High-Skilled Visa Lottery Gets First Big Test

2/19/2020
Bloomberg Law reports on changes to the H-1B lottery process. AILA Director of Government Relations Shev Dalal-Dheini explained that attorneys and the general public are concerned about a flood of registrations for individuals who aren't qualified or from employers trying to game the system.
AILA Doc. No. 20022161

Article (Opinion): This Latest Trick from the Trump Administration Is One of the Most Despicable Yet

2/13/2020
The Washington Post shares the story of a sexual assault survivor whose U visa application was rejected because irrelevant form fields were left blank. AILA has collected 140 other examples of allegedly “incomplete” forms leading to rejections.
AILA Doc. No. 20021460

Article: International Students Could Face New Restrictions in U.S.

2/10/2020
Voice of America reports that the administration plans to require foreign students to seek new visa approvals at each stage of their academic life. Critics have questioned the government's capacity to process more applications. AILA has noted that USCIS is adjudicating cases at a slow pace.
AILA Doc. No. 20021160

Article: Supreme Court Allows Enforcement of New Green Card Rule

2/5/2020
KNPR reports on the Supreme Court's decision on the public charge rule, with insights into the factors that may now be considered in determining if an applicant for residency is likely to become a public charge from Ayensa Millan, a member of AILA, which has opposed the public charge rule.
AILA Doc. No. 20020662

Article: Attorneys Worry over Increased Secrecy for Customs and Border Protection Officers

2/5/2020
NBC News reports on a new policy allowing CBP to withhold certain agency-related information from the public. AILA CBP Liaison Committee Chair Danielle Rizzo said the new policy will likely make it harder to pinpoint "where [internal CBP] guidance is coming from."
AILA Doc. No. 20020660

Article: As Coronavirus Epidemic Spreads, Trump Administration’s New Travel Ban Hits China and Beyond, Prompting Worries

2/4/2020
Yahoo News reports on travel restrictions related to the coronavirus. AILA Director of Government Relations Shev Dalal-Dheini expressed concern that cancellations of visa interviews in China could present additional barriers for individuals who are technically exempt from the restrictions.
AILA Doc. No. 20020560

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

2/4/2020
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

Article: Niger: Trump's Extended Ban on Muslims Causes a Stir

2/3/2020
All Africa reports on reactions to the Trump administration's expansion of the travel ban. Marketa Lindt, AILA President, said previous bans have had devastating impacts, including unnecessary family separations, unfounded visa denials, and lost career and educational opportunities.
AILA Doc. No. 20020362

Audio: Lawyer for Iranian Students Deported from U.S. Describes Their Plight

2/1/2020
National Public Radio features an interview with Mahsa Khanbabai, Chair of the AILA New England Chapter, about the increasing difficulties faced by individuals of Iranian descent at U.S. ports of entry.
AILA Doc. No. 20020363

Article: Problems at Tent Courts and a Growing Tent Encampment; One Year into Remain in Mexico

1/30/2020
Texas Public Radio reports on the tent courts where asylum seekers subject to the Migrant Protection Protocols have their cases heard via video teleconference, citing AILA Senior Director of Government Relations Greg Chen, who recently visited the tent courts to observe hearings.
AILA Doc. No. 20020360

Article: Immigration Judges Not Meeting DOJ Production Goals, House Told

1/29/2020
Bloomberg Law reports on a congressional hearing that was held about the immigration court system. AILA, the American Bar Association, and the National Association of Immigration Judges all believe the nation would be better served by making the immigration courts independent of DOJ.
AILA Doc. No. 20013060

Article (Subscription Req'd): Public Charge Order Sparks Confusion for Immigration Attys

1/28/2020
Law360 reports on the Supreme Court allowing the public charge rule to take effect. Regarding whether the rule took effect immediately or if USCIS will give attorneys time to prepare, AILA Board member Mike Jarecki said, "A lot of people are asking questions, but no one is giving us answers."
AILA Doc. No. 20012963

Article: How Increased Citizenship Fees Could Make Life Harder for Immigrants and Their Communities

1/28/2020
Marketplace Radio reports on the impact USCIS's proposed fee hikes will have on those eligible to apply for citizenship. According to AILA, USCIS processing times rose by 46 percent between 2016 and 2018 and by 94 percent since 2014.
AILA Doc. No. 20012962