Law Offices of Tatyana A. Edwards

New announcement from ICE. "Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States." https://www.ice.gov//sevp-modifies-temporary-exemptions-no

Law360 (July 6, 2020, 12:53 PM EDT) -- The Ninth Circuit ruled Monday that the Trump administration's policy restricting asylum for migrants who cross through another country on the way to the U.S. is illegal, marking the second court decision to strike down the restrictions in under a week. The appeals court panel said the policy, which requires non-Mexican migrants seeking asylum at the southwest border to first request protection in Mexico or another country they crossed, ..."does virtually nothing to ensure that a third country is a 'safe option'" in violation of the federal immigration statute. The judges also found that the rule is arbitrary and capricious. The panel said the federal government had not considered the effects of the restrictions on migrant children, nor had it sufficiently backed up its claims that Mexico is a safe option for migrants. The Ninth Circuit's ruling upholds a nationwide injunction issued by a California federal judge last year, though the effect of that injunction remains paused under an order issued by the U.S. Supreme Court. However, the contested asylum policy was halted days ago by a D.C. federal judge in separate litigation. The case is East Bay Sanctuary Covenant et al. v. William Barr et al., case number 19-16773, in the U.S. Court of Appeals for the Ninth Circuit.

Wall Street Journal reports that 2/3 of USCIS employees at the Department of Homeland Security will receive furlough notices starting August 1st. We already have months of backlog with Covid interruption and this move will add to much longer delay that inevitably adversely affects families and cause business interruptions. And here is more from the Washington Post:... https://www.washingtonpost.com//a4619ff8-bc04-11ea-bdaf-a1

BREAKING NEWS: Washington DC federal district court upheld the challenge to Trump's asylum restrictions, decision by Judge Kelly - 55 pages!! Granted summary judgment for plaintiffs!! Asylum applicants no longer need to show that they applied for and were denied asylum in Mexico (or other country traveled through). Will get those motions to reopen ready! Thank you to the lawyers and advocates who made this happen - amazing work!! From the judge’s memorandum (Defendants = Trum...p/Barr): It also holds that Defendants unlawfully promulgated the rule without complying with the APA’s notice-and-comment requirements, because neither the good cause nor the foreign affairs function exceptions are satisfied on the record here. The Court thus need not reach Plaintiffs’ other claims concerning the validity of the rule. The Court will grant Plaintiffs’ motions for summary judgment, deny Defendants’ cross-motions, and vacate the rule. Fingers crossed no stay obtained for Judge Kelly's decision.

https://twitter.com/doj_eoir/status/1252575545595965440?s=21

https://twitter.com/doj_eoir/status/1240124718298038273?s=21