- US v. Decker, Director of the NY Field Office of the U.S. Immigrations & Customs Enforcement & Chad Wolf, Acting Secretary of the U.S. DHS, Memorandum Opinion and Order, No. 20 Civ. 2518 (3/26/20) (S.D.N.Y.) (ordering release of petitioners immediately, also restraining respondents from arresting petitioners for civil immigration detention purposes during the pendency of their immigration proceedings)
How Ice Operations in New York Set the Stage for a Coronavirus Nightmare in Local Jails (3/27/20)
By Ryan Deveraux, The Intercept
Lawsuit Calls for Emergency Release of ICE Detainees In a Massachusetts County (3/30/20)
By Julia Rock, Sara Van HOrn, The Appeal
Everybody's Scared": Panic At Immigrant Detention Center After Positive Coronavirus Test (3/24/20)
By Emiliy Kassie, The Marshall Project
13 Changes to the US immigration system during the coronoavirus pendemic
By Priscilla Alvarez, CNN
ICE told CNN last week it is suspending removals to Italy, South Korea, and China. This may be true for this week as well.
In Tuscon, Arizona, there were 36 iniital appearances on March 18, 2020.
India is not accepting international flights thorugh 3/31/20 and probably beyond per the NYC consulate.
In New York City htere are also confirmed removals to El Salvador and Dominican Republic this week and last Thursday, respectively.
Guatemla to resume receiving deportees from U.S. even with Asylum deal on hold over coronavirus (3/19/20)
By Camilo Montoya-Galvez, CBS News
Deportation flights from US to Guatemala were resumed as of March 19, 2020.
First ICE Employee Tests Positive for Coronavirus (3/19/20)
By Emily Kassie, The Marshall Project
ICE Detainees Launch Hunger Strike Over Coronavirus Fears (3/19/20)
By Brendan O'Connor, The Appeal
Guatemala turns tables, blocking U.S. deportations because of coronavirus (3/17/20)
By Molly O'Toole, Cindy Carcama, L.A. Times
Guatemala is not accepting repatriation flights. So even time-served clients from Guatemala will apparently sit in immigration custody until this is resolved which could be months. Not sure when/if other countries will follow suit, but one should expect it soon.
US migrant deportations risk spreading coronavirus to Central America (3/12/20)
By Jeff Ernst, The Guardian
As of March 18, 2020, deportations in California were still taking place to countries that had not closed its borders. Honduras may be suspending repatriation as well.
ICE Guidance on COVID-19 (last visited 3/20/20)
ICE is out with a new statement indicating that they are temporarily de-prioritizing detention of individuals who are not subject to mandatory detention "based on criminal grounds." It doesn't go into detail but that language seems intentional; presumably it is referring to 8 USC 1226(c). That probably excludes most of our clients, but not all: for example, if you have a 1326 client with no other criminal history, your client would not fall into 1226(c).
Practice Tip: It might be worth advocating with the gov't/ICE to see if you could get any such client released--particularly if that client is also from a country not currently accepting deportees.
Arizona, New Mexico and, it appears Maryland, are ceasing prosecutions of 1325 and 1326(a) prosecutions.
- ACLU Petition for Writ of Habeas Corpus for Release of Immigrant Detainees (W.D. Wash.) (3/16/20)