The Following two reports are notices regarding immigration status of reviews of changes made due to the Covid 19 Outbreak
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Executive Office for Immigration Review (EOIR)
- All non-detained cases scheduled between March 18 and May 1, 2020, are postponed. On March 18, 2020, EOIR issued a four-page memorandum that defers all non-detained cases scheduled between March 18 and April 10; encourages the resolution of cases through written pleadings, stipulations and joint motions; and reminds immigration judges of their authority to waive the appearance of represented respondents. On March 30, EOIR extended non-detained case deferrals from April 20 to May 1.
- The EOIR webpage has been updated to reflect operational status updates.
- OLAP reports that there have been no changes to operations affecting the Recognition and Accreditation program at this time.
- “EOIR and DHS announced temporary rescheduling of all Migrant Protection Protocol, or MPP, master calendar and merit hearings. Hearings scheduled through May 1 will be rescheduled. The agencies instruct individuals with an MPP hearing date through May 1 to present themselves at their designated port of entry on their previously scheduled date to receive a tear sheet and hearing notice with their new hearing dates.
- Various immigration courts have issued Standing Orders addressing telephonic appearances and motions for continuances. Check Appendix R-1 of the EOIR Immigration Court Practice Manual to review local court Standing Orders.
Immigration and Customs Enforcement (ICE)
- ICE has issued a Frequently Asked Questions list regarding how COVID-19 may impact SEVP-certified schools and F and M students.
- Enforcement – On March 18, 2020, ICE updated its COVID-19 page to indicate that it “will temporarily adjust its enforcement posture” to focus enforcement on public safety risks and individuals subject to mandatory detention based on criminal grounds.
- Sensitive Locations – ICE indicates that it does not conduct enforcement operations at medical facilities, except under extraordinary circumstances, according to its sensitive locations policy. This is contrary to news reports indicating otherwise. See below under “Outreach to the Administration” to learn more about our advocacy in this area. Also, check out CLINIC’s resource about sensitive locations.
- Check-Ins – As of March 18, 2020, ICE is advising people with scheduled check-ins should contact their local field office for additional guidance prior to their scheduled appointment. ICE also indicates that initial check-ins for individuals released from the Southwest border will now be scheduled for initial reporting to a local field office 60 days after release.
- Applications for Stays of Deportation or Removal – On March 18, 2020, ICE advised it will temporarily permit the filing of Forms I-246 through the mail accompanied by money orders, certified funds, or requests for fee waivers only
- Detention – ICE has temporarily suspended social visitation in all of its detention facilities. Non-contact legal visitation, to include the Legal Orientation Program, will continue to be permitted.
- ICE has temporarily suspended social visitation in all of its detention facilities.
- Legal visitors will be permitted, preferably in non-contact methods (video or phone conference), but in-person visits may be arranged with the facility.
- All in-person legal visitors must provide and wear personal protective equipment, or PPE (e.g., gloves, N-95 masks and eye protection) while visiting any facility.
- The Legal Orientation Program will continue to be permitted. No more than four LOP presenters may be allowed in a facility at a time and they will undergo screening using the same procedures as staff.
- Non-LOP legal rights group presentations offered by volunteers are suspended.
- More information about ICE operations can be found here.
- E-Verify – On March 20, DHS and ICE announced flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
- ICE is reporting confirmed cases of COVID-19 among detainees and staff on its webpage.