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Supreme Court Sides with Undocumented Immigrant Fighting Deportation - Immigration News for April 30, 2021

Woman With An American Flag

Peri B. Edelman | April 30, 2021

This was a great week for a few of my clients—5 of them were issued their green cards, and 1 was approved for an H-1B non-immigrant visa. With all the 5 people who were issued their respective green cards, I was their second or third attorney. Their previous attorneys were unsuccessful, and they came to me as their last hope. They are all so happy and can not wait to visit their family in their home countries, and that they have the legal ability to work in the United States.

Supreme Court Sides with Undocumented Immigrant Fighting Deportation

Yesterday, Gorsuch, writing for the 6-3 majority, held that the US government had erred by sending two documents to the immigrant instead of one. He explained that the Illegal Immigration Reform and Immigrant Responsibility Act says that an undocumented immigrant seeking to fight removal can be served with a “Notice to Appear." But here, the immigrant was sent two Notices to Appear with different information. Gorsuch was joined by conservative Thomas, Justice Amy Coney Barrett and the three liberals on the Court in the 6-3 decision.

Biden Recommends Watered Down Immigration Bill to Facilitate Passage

President Biden urged Congress to help bring an “end to our exhausting war on immigration,” saying that if they won’t pass his comprehensive bill, they should at least approve pieces of it “this year.” Those include a citizenship path for immigrants brought illegally to the U.S. as children (DACA) recipients, farm workers and those with Temporary Protected Status (TPS). 

DHS Ends Fines as Penalties for Unlawful Presence

On April 23, 2021, the U.S. Department of Homeland Security (DHS) rescinded the authority for Immigration and Customs Enforcement (ICE) to impose civil financial penalties on noncitizens who fail to leave the U.S. DHS said ICE stopped issuing such penalties on the first day of the Biden administration. The rescission marks ICE's latest action toward focusing its limited resources on those noncitizens posing the greatest risk to national security and public safety in accordance with its guidance on civil immigration enforcement and removal priorities, which were issued on Feb. 18, 2021.

Executive Office for Immigration Review (EOIR) Operations Status

In New York City, hearings in non-detained cases are postponed through and including June 11, 2021. For my cases that were scheduled for April and May 2021, some have already been scheduled, others I am still waiting for the court to reschedule. Please be patient.

Department of Justice (DOJ) Rescinds Trump Administration “Sanctuaries City” Policy

Attorney General Merrick Garland has rescinded a Trump-era 2017 memo limiting $250 million in funding to local police departments if they did not agree to work with Immigration and Customs Enforcement officials.

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Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.