As expected, Judge Hanen has issued an order that is out of sync with other legal interpretations on #DACA and effectively halts the program for new applicants. A thread on what the order does -- & doesn’t -- mean 1/8
First, the order should underscore for everyone watching that the clock ⏰ is ticking for Congress to act on #immigration. They needed to act 20 years ago, and they REALLY need to act now. But here’s what folks need to know now 2/8
Current DACA recipients are safe for now. While the order vacates the entire program, the Court has said that DHS can continue to process renewals for now. We don’t know how long this will last, so if you’ve been waiting to renew, make sure to do it now. 3/8
Hopeful DACA recipients who have submitted their applications for the 1st time may be in limbo. Under this order, the applications would be held, but they cannot be processed. If you have not yet gotten your first DACA approval, USCIS may not be able to move your app forward. 4/8
There are tens of thousands of people in this category. Each of their lives are valid, and each of them could be needlessly hurt by this order. My heart is with folks like one of our plaintiffs who submitted her first app in months ago and is still waiting on approval. 5/8
Folks thinking about applying for DACA for the first time should speak with trusted community orgs or legal service providers. The Texas court said that USCIS can continue to accept new apps, but they cannot process them. Check with trusted folks to see what’s right for you. 6/8
Judge Hanen is not the only court dealing with #DACA. I am proud to be part of the Batalla case with our plaintiffs and @WiracYls@MaketheRoadNY@NILC. 7/8
The court order is long & attempts to hide behind legalese, but the direction of the court is clear: it says the DACA 2012 memo is not valid. Hundreds of thousands of DACA recipients’ livelihoods shouldn’t be at the mercy of a lone court in Texas. Congress, it’s your move./end
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Wonderful news out of the @TheJusticeDept today! AG Garland has reversed Matter of Castro-Tum, the decision by former AG Sessions that ended the use of administrative closure in immigration courts. This is a very important return to fairness in immigration courts. My take. /1
Here is the decision for my fellow legal nerds. justice.gov/eoir/page/file… Administrative closure is a long-used tool that allowed immigration judges to close immigration proceedings when agreed by all parties--and when the equities of the case warranted it. /2
Discretion is an essential tool for any fair court system, especially our immigration courts that run on unjust immigration laws in desperate need of updating (Hint, hint Congress). When former AG Sessions ended admin closure over 350K CLOSED immigration cases were reopened. /3
Today the Biden administration took another important step to dismantle the cruel Remain in Mexico or MPP program created by Trump. Good on Biden, but we this is merely the 1st mile in a marathon that the administration needs to run to restore humanity to our asylum system. 1/9
Today’s news 📰 will allow folks outside of the U.S. who had their MPP case terminated or who were ordered deported in absentia to register & apply for processing into the U.S. More info here: dhs.gov/migrant-protec… 2/9
So, who could this benefit? Immigrants can be ordered removed “in absentia” when they do not attend their immigration court hearing. And such an order does not say they did not qualify for asylum—just that they didn’t show up to court. 3/9
Why did this happen today? Remember that on Feb. 2, 2021 Biden issued an executive order that paused the MPP program and required the Secretary of DHS to promptly review the program & decide whether to formally terminate it. That formal termination came today via this memo. 2/7
But MPP had been paused long before that. MPP court hearings stopped on March 23, 2020 due to the pandemic--leaving many asylum seekers in legal limbo while forced to wait outside the U.S. in unsafe conditions.
It's been quite the Friday in immigration news 🗞️. Here are my hot takes on the asylum news from today.
Speed & efficiency are great values for vaccine distribution but they are off base for asylum. Here's why: the cost of going too fast = sending people to their deaths. 1/10
The day's 1st announcement was from @TheJusticeDept & @DHSgov creating a rocket docket for families seeking asylum who are exempted from the cruel Title 42 policy that expels most families seeking safety. (They call it a "dedicated docket" but if it walks like a 🦆 ...) 2/10
I'm not against efficient systems if they're fair, but we're light years away from a fair system. Real talk: we do not have a working asylum system for the southern border. We have an expulsion policy-unjustified by public health needs-with a pitiful amount of exceptions. 3/10
#Breaking: some MORE Friday immigration news. Today, we escalated our effort to make sure the U.S. will #WelcomeWithDignity immigrant kids who were involved with MPP by asking the court to order the Biden admin to give these children their Congressionally mandated rights. 1/10
Remember MPP? It forced 70,000+ people seeking safety in the U.S. to live in squalid, dangerous conditions along the U.S.-Mexico border. The Biden admin has promised to stop MPP & has made progress on that, which we celebrate. But we're a long way from the end of MPP’s ills. 2/10
Under Trump, kids who interacted with MPP & then came across the border w/o parents or caregivers were treated horribly. Our plaintiffs shared heart-wrenching 💔stories about young children being put on planes & dropped off in countries where they had no parents. 3/10
🎉Victory! @POTUS has reversed the Trump Health Care Insurance Ban. This ban, which has long been enjoined due to our litigation, was a Trump policy designed to separate immigrants from their family members on the basis of wealth, health or status. whitehouse.gov/briefing-room/… 1/5
We joined forces with @latnet_PDX@ThinkLawLab@AILANational@SidleyLaw & a set of plaintiffs in Oct. 2019 to fight back against this shameful Ban. Because of these plaintiffs we were able to prevent this disaster of a policy from ever taking effect. When we fight, we win. 2/5
Our legal director, Esther Sung, put it best: “This ban masqueraded as a health issue, but was really only designed to keep immigrants from being able to reunite w/their families in the U.S. This policy undermined our public health system & we’re grateful to our plaintiffs." 3/5