I am literally over the moon🌛 to be reading the court order in our Gomez case. After litigation against the Trump and Biden administrations, we finally have a court order requiring the government to issue 9,095 diversity visas that had been held aside for about a year. /1
These are individuals who applied for and won the diversity lottery back in fiscal year 2020…. In other words, they have been waiting about 2 years for this day. Let’s do a rewind to remember how we got here. /2
In June 2020, President Trump signed a sweeping immigration ban blocking most legal immigration to the U.S. This stopped the processing of diversity visas. Every year 55,000 individuals “win” the diversity visa lottery & a chance to come to the U.S. on a green card. /3
The program was designed to increase diversity in our immigration system & it has. In recent years over 40% of the diversity visas have gone to African countries. Our class members are from all over the 🌎globe, including Afghanistan where we've heard urgent requests for help. /4
One of the requirements of the diversity visa program is that visas have to be handed out before the end of the fiscal year—Sept. 30. Due to the Trump Ban, a month before the deadline in 2020 there were 40,000 unused diversity visas. /5
We had sued on the ban with our partners at @AILANational@ThinkLawLab@Mayer_Brown. Earlier in the case we were able to get the court to set aside 9,095 visas before the dreaded deadline. /6
Now, you would have thought that would have resulted in those visas being handed out. You may have even thought that the Biden administration would stop fighting against it in court. But that didn’t happen. We had to keep fighting to get these visas finally released. /7
That is the sweet news of the order tonight. The court required the visas to be released “in a random order” and that the parties will discuss how quickly that can be done. We want it as fast as possible. And we have to give the court an update on that no later than Aug. 25. /end
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#Breaking: The 5th Circuit shamefully failed to stop a district court decision that will force the government to resurrect Trump’s failed #RemainInMexico program as early as this weekend. Court watchers and advocates should care about this ruling. A thread 🧵about why: 1/9
TX is using the playbook states like CA & others employed in the Trump years to try to stop Biden from getting rid of terrible Trump policies. Gov Abbott thinks scoring points by scapegoating immigrants is a winning strategy & continues to blame immigrants for his failures. 2/9
One lawsuit filed by TX and MO sought to prevent Biden from winding down the heinous “Remain in Mexico” program, which was instituted by Trump and left tens of thousands of asylum seekers marooned in Mexico for months or years with no way to assert their right to asylum. 3/9
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
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