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Law & Policy

Practice Advisory on Filing DACA Applications In Light of Recent Court Rulings

By | Federal Policy, Highlighted Resources, Immigration Relief, Law & Policy, Legal Professionals, Legal/Law, Practice, Practice Highlight

Practice Advisory on Filing DACA Applications In Light of Recent Court Rulings

CLINIC, (July 20, 2020)

On July 17, 2020, District of Maryland issued an order to restore DACA to pre-rescission status. This new order prevents the Department of Homeland Security from executing rescission; meaning USCIS should accept DACA applications from individuals who never held DACA.

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In Roberts Opinion, SCOTUS Overturns Decision to Rescind DACA

By | Federal Policy, Law/Policy Highlight

In Roberts Opinion, SCOTUS Overturns Decision to Rescind DACA

Debra Cassens Weiss, ABA Journal  (June 18th, 2020)

The U.S. Supreme Court overturned Trump’s efforts to eliminate deferred deportation for immigrants that arrived illegally as children. The court called Trumps efforts arbitrary and capricious, and that DHS failed to provide concrete reasoning to rescind DACA.

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Advocates Ask District Court to Block Public Charge Rule Amidst Pandemic Following SCOTUS Rejection

By | Federal Policy, Law & Policy, Law/Policy Highlight, Public Charge

Advocates Ask District Court to Block Public Charge Rule Amidst Pandemic Following SCOTUS Rejection

Juan Gastelum, Jen Nessel, Alejandra Lopez, & Yatziri, Tovar, National Immigration Law Center (May 18, 2020)

Attorneys from various legal agencies sought a preliminary injunction with a federal district court to the “public charge” ruling that prevents immigrant families in need from accessing public benefits. “Public charge” rules grossly affect immigrant families from seeking health care, food, and housing assistance during the pandemic. Lawyers argue the policy is discriminatory and unconstitutional.

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USCIS Response to Coronavirus 2019 (COVID-19): Public Charge Alert

By | Federal Policy, Law & Policy, Law/Policy Highlight, Public Charge

USCIS Response to Coronavirus 2019 (COVID-19): Public Charge Alert

U.S. Citizenship and Immigration Services

USCIS announced that immigrants with potential COVID-19 symptoms are able to seek necessary medical treatment or preventative services and it will not affect their admissibility under Public Charge. This includes access to testing, screening, treatment, or vaccines for communicable diseases, including COVID-19.

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The History and Future of Gender Asylum Law and Recognition of Domestic Violence as a Basis for Protection in the United States

By | Federal Policy, Immigration Relief, Law/Policy Highlight, Legal/Law

The History and Future of Gender Asylum Law and Recognition of Domestic Violence as a Basis for Protection in the United States

Deborah Anker, ABA Journal (April 28, 2020)

Anker details the history and development of the United States’ gender asylum law. Through a series of court decisions, the U.S. considered survivors of domestic violence a particular social group under the United Nations definition of a refugee. Jeff Sessions challenged this in 2018 and eliminate protections for women seeking asylum. This continues to be challenged in court.

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Upcoming Changes to Federal Child Welfare Data Could Provide More Comprehensive Information on Children in Care

By | Federal Policy, Highlighted Resources, Law/Policy Highlight

Upcoming Changes to Federal Child Welfare Data Could Provide More Comprehensive Information on Children in Care

Sarah Catherine Williams & Kristin Sepulveda, Child Trends (June 20, 2019)

This report highlights some of the data elements introduced in the 2016 Final Rule for AFCARS that remain unchanged in HHS’ most recent proposal that will improve stakeholders’ ability to monitor outcomes, modify policies, and ultimately improve services for children and their families.

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Separation of Families via the ‘Migrant Protection Protocols’

By | Family Separation, Federal Policy, Highlighted Resources, Law/Policy Highlight

Separation of Families via the ‘Migrant Protection Protocols’

Leah Chavla, Women’s Refugee Commission (August 16, 2019)

The Women’s Refugee Commission filed this complaint to the Department of Homeland Security on behalf of numerous families who were separated by U.S. Customs and Border Protection officials along the U.S. southwestern border, where at least some member(s) of the family were placed into the administration’s so-called ‘Migrant Protection Protocols’ (also known as ‘Remain in Mexico’ or RIM program) and sent back to Mexico.

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