Trump Inaccurately Characterizes Members of Migrant Caravan, Threatens to Withhold Federal Funding
Though this year’s manifestation is larger than previously seen, the migrant caravan, the title given to the journey that asylum seeking migrants take through Central America to the United States, has been undertaken for more than 15 years. The caravan, which some estimates have this year’s total number of individuals at 7,000, began on October 13, and its members brave rugged terrain and inadequate travelling equipment to flee violence in hopes of receiving asylum once they get to the United States. Another obstacle facing the caravan has been the growing disdain expressed by Donald Trump, which he has expressed profusely through twitter, including offering baseless claims that “criminals and unknown Middle Easterners” are among those in the caravan. Furthermore, Trump declared the caravan as a national emergency and threatened the governments of Guatemala, Honduras, and El Salvador, countries whose nationals comprise the caravan, by claiming he would cut off foreign aid for their failure in, “stopping people from leaving their country and coming illegally to the U.S.”
Evidence from those who have spent time with the individuals undertaking the arduous trek, however, suggests that Trump’s characterization of members of the caravan is inaccurate and unfounded. Media reports directly from the caravan have shown its members to be largely comprised of families who out of fear of violence and lack of hope for opportunity in their home countries have decided to make the journey. Additionally, there has been no indication of, “unknown Middle Easterners,” partaking in the journey, which is another incongruity in the actual group of people making the journey and Trump’s perception.
Finally, reports are now coming out that the Caravan may have shrunken to half of its original size as many people have sought asylum in Mexico.
For more information, view the full article from Time.
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Siskind Susser Attorney Adam Cohen: Notice to Appear Memo is in Effect
On Thursday, September 27, 2018, USCIS held a teleconference to discuss the policy memo entitled Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, issued by USCIS on June 28, 2018. I wanted to share some highlights and ideas I had.
- USCIS is beginning a phased-in approach to implementing its memo, starting with I-485 adjustment of status applications and I-539 applications (used for certain changes and extensions of status as well as F/M reinstatements) denied on or after October 1, 2018.
- The NTA memo will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time.
- The issuance of the NTA is for those who are otherwise removable, so if an I-485 is denied, but one still has H-1B status for example, no NTA would be issued, unless there are other grounds of removal.
- In the event of a denial, USCIS will generally allow 33 days from the date of the denial before issuing a Notice to Appear. This allows for the filing of a motion to reopen/reconsider or an appeal (where available). Additionally, one is not prevented from re-filing the application, but the Notice to Appear will still be issued.
- If a motion or appeal is timely filed, USCIS will generally not issue an NTA until resolution of the motion or appeal, but they can do so.
- If the NTA is filed, but the motion or appeal ends up being approved, USCIS will work with ICE to determine if termination is appropriate.
- Withdrawal of the I-539 or I-485 does not interrupt USCIS’ ability to issue an NTA.
- An attorney or individual can request the issuance of a Notice to Appear to the USCIS office that has jurisdiction over the case. This is a case-by-case determination. One example of where this could be helpful is if an F-1 student or J-1 exchange visitor has accrued over 180 days of unlawful presence. A grant of voluntary departure, which would occur within removal proceedings, could eliminate the three-year unlawful presence bar. The courts are very backlogged, however, so it would be interesting to see how this could play out in practice.
- USCIS will have a public-facing website and further public engagements as the NTA policy memo is implemented and expanded to other forms.
- Given the risk of departing the U.S. while an NTA is being issued and sent to the last known address (which could later result in an in absentia removal order), it may well be a good option to file a motion to reopen or reconsider if there are colorable grounds to do so. This would buy the individual additional time to make difficult decisions.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.