** Resource Center: 2019 Novel Coronavirus (COVID-19) **
The COVID situation is constantly changing and the information provided below could be outdated. AILA recommends that individuals consult with an attorney for further information and guidance.
AILA Resources | Samples/Template Resources | Law Firm Planning Resources | Educational Resources | AILA Correspondence and Advocacy Resources | Partner Resources | Government Announcements and Alerts | Congressional Efforts | Litigation | Detainee Release Litigation | Other Documents and Resources
AILA Resources
CBP | DHS | DOL | DOS | ICE/EOIR | USCIS
CBP
- Practice Pointer: Admissions Issues for LPRs Who Were Unable to Timely Return Due to COVID-19 - April 9, 2021
- Practice Alert: CBP Ports Resume Accepting NIEs for Schengen Area, U.K., Ireland, and Brazil – February 19, 2021
- Practice Alert: Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease - January 25, 2021
- Practice Alert: Biden Administration Executive Order Promoting COVID-19 Safety in Domestic and International Travel – January 23, 2021
- BIRT Byte: Top 10 Things You Need to Know About the U.S.- Canada Land Border Closure – September 24, 2020
- Practice Pointer: Obtaining NIV Appointments and Applying for National Interest Exception Waivers for Travelers from the Schengen Area, United Kingdom, and Ireland - September 17, 2020
- Practice Alert: End to Airport Health Screenings Does Not Lift Travel Bans - September 14, 2020
- Practice Alert: Guidance for Demonstrating an Exemption to Presidential Proclamations That Suspend Entry Due to COVID-19 – July 29, 2020
- Practice Alert: Spreadsheet Detailing Procedures for Satisfactory Departure and NIE Requests at CBP Ports and Preclearance Locations Due to COVID-19 – July 22, 2020
- Practice Alert: Presidential Proclamations Suspending Entry Due to 2019 Novel Coronavirus – June 19, 2020
- Practice Alert: Requesting Satisfactory Departure from CBP Locations Due to COVID-19 - April 20, 2020
- Practice Alert: Closing of Northern and Southern Borders – March 23, 2020
- Practice Alert: Trusted Traveler Program Enrollment Centers Suspended Until At Least May 1, 2020 – March 20, 2020
- Practice Alert: Coronavirus Impact on Individuals Seeking Entry into the United States After Travel in China and on U.S. Consular Processing in China – February 5, 2020
DHS
- Practice Pointer: Employment Verification During COVID-19 Outbreak – February 15, 2021
- Practice Pointer: Remote I-9 Documentation Review: Don't Let Your Clients Become Complacent - Verify Now! – February 19, 2021
- Practice Alert: DHS and DOJ Issue Joint Statement Rescheduling Migrant Protection Protocols (MPP) Cases - June 16, 2020
- Practice Alert: Southern Border Processing Following Border Closure Announcement – April 20, 2020
DOL
- Practice Alert: OFLC Verifies Regulations that Control PERM Notice of Filing Requirement – July 24, 2020
- Practice Alert: DOL OFLC Confirms Notice of Filing Posting Requirements for PERM Processing – May 21, 2020
- BIRT Byte: Posting LCAs During the COVID-19 Pandemic - April 13, 2020
- Practice Alert: Three-Fourths Wage Guarantee for H-2 Workers During COVID-19 Outbreak – March 26, 2020
- Practice Alert: Changes in Work Conditions Impacting H-1B Workers During the COVID-19 Outbreak – March 26, 2020
- Practice Alert: DOL Process for Issuance of Electronic PERMs in Response to COVID-19 - March 25, 2020
- Practice Alert: Fulfilling U.S. Department of Labor Notice Requirements During COVID-19 Outbreak - March 17, 2020
- Practice Alert: Working with DOL in Light of COVID-19 - March 11, 2020
DOS
- Practice Alert: DOS Updates Guidance for National Interest Exceptions for Certain Travelers from the Schengen Area, U.K., and Ireland – March 5, 2021
- Practice Pointer: Obtaining NIV Appointments and Applying for National Interest Exception Waivers for Travelers from the Schengen Area, United Kingdom, and Ireland - September 17, 2020
- Department of State’s National Visa Center Responds to Questions Raised by AILA on EB-5 Related Issues – August 21, 2020
- Practice Alert: FAM Update Concerning International Students and Online Instruction - August 10, 2020
- Practice Alert: Update on U.S. Consular Operations and Implementation of Presidential Proclamations Restricting Travel and Visa Issuance – July 15, 2020
- Practice Alert: Update on NVC Operations and Communications During COVID-19 – June 3, 2020
- Practice Alert: Procedures for Reopening DOS Consular Posts for Visa Services During COVID-19 Pandemic – May 22, 2020
- DOS Liaison Committee Provides COVID-19 Q&As from the KCC – April 30, 2020
- AILA’s DOS Liaison Committee Provides COVID-19 Q&As with the National Visa Center - April 28, 2020
- AILA RDC-EMEA Practice Pointer: Emergency Communication with Consular Sections – April 23, 2020
- AILA’s DOS Liaison Committee Raises Questions with DOS Offices Concerning Issues Related to COVID-19 - April 21, 2020
- Practice Alert: National Visa Center Confirms Correspondence Delays During COVID-19 Outbreak – April 1, 2020
- GMS Resource: COVID-19 Digest – Continuously updated
- Practice Alert: Requesting the Reprinting of a Visa Foil Due to Travel Restrictions During COVID-19 Outbreak – March 20, 2020
- GMS AC Resource: COVID-19 Country Responses - March 19, 2020
- Practice Alert: DOS Responds to AILA Inquiry Concerning Suspended Entries During the COVID-19 Outbreak – March 18, 2020
- Practice Alert: RDC and LACC Chapters Spreadsheet Detailing Consular Post Operations During COVID-19 Outbreak - March 17, 2020
- Practice Alert: Consular Post Closures and Reduction in Visa Services Related to Coronavirus - March 13, 2020
- Practice Alert: Department of State Provides Information for Exchange Visitors Whose Travel Is Impacted by Novel Coronavirus Outbreak – February 20, 2020
ICE/EOIR
- Practice Alert: Select Immigration Courts Have Resumed Some Master Calendar Hearings - December 22, 2020
- AILA, the Council and Immigration Justice Campaign Submit Comments Opposing Pandemic-Related Security Bars to Asylum – August 5, 2020
- FOIA Request Seeks Information on Immigration Court Operations During COVID-19 Pandemic – August 4, 2020
- Practice Pointer: EOIR’s Decision to Resume Select Non-Detained Immigration Court Dockets - July 13, 2020
- Practice Alert: Spreadsheet Detailing Local ICE ERO Check-In Procedures During the COVID-19 Pandemic - July 10, 2020
- Featured Issue: Guidance for Fall 2020 Semester for International Students - Continuously Updated
- Resources on ICE Detention During COVID-19
- Practice Pointer: Resources for Removal Defense During COVID-19 - May 22, 2020
- Practice Alert: ICE to Provide 520 Free Phone Minutes Per Month for Individuals Detained During the COVID-19 Pandemic – May 20, 2020
- Practice Pointer: Motion to Continue Proceedings During COVID-19 – May 19, 2020
- Immigration Justice Campaign: Fearless Lawyering Video Roundtable: Remote Lawyering in Immigration Court – April 30, 2020
- Immigration Justice Campaign Practice Advisory: Parole from ICE Detention: An Overview of the Law – April 15, 2020
- Listen to a Recording of AILA University’s Roundtable with Retired Immigration Judges - April 8, 2020
- Practical and Ethical Considerations in Detention Cases – April 6, 2020
- AILA, the American Immigration Council, KIND, NAIJ, and the ICE Professional’s Union Conducted a Congressional Briefing on Immigration Courts – April 3, 2020
- AILA Practice Alert: Personal Protective Equipment (PPE) Requirements for Attorneys in Detained Courts - March 25, 2020
- Federal Court Litigation Section (FCLS) and the Immigration Justice Campaign: Five-Part Webinar Series on Habeas Corpus
USCIS
- Practice Alert: Updated Facial Coverings Policy at USCIS Field Offices – May 20, 2021
- Practice Pointer: Utilizing a Reentry Permit to Avoid Admissions Issues for LPRs Impacted by COVID-19, and Other Considerations – April 14, 2021
- Client Flyer: Travel Issues for Permanent Residents in Pandemic Times – April 12, 2021
- Practice Pointer: USCIS Interviews During the COVID-19 Pandemic – March 17, 2021
- Practice Alert: Rescheduling of USCIS Interviews and Other COVID Updates - December 23, 2020
- Practice Alert: Temporary Changes to Asylum Interview Interpreter Requirements – September 22, 2020
- Practice Pointer: Options for LPRs Seeking Documentation for Form I-9 Verification – September 8, 2020
- Practice Alert: Availability of InfoPass/InfoMod Appointments During the COVID-19 Pandemic – August 17, 2020
- Unofficial Notes from USCIS Engagement on the Reopening of USCIS Field Offices – June 18, 2020
- Chasing Down the Rumors: What We Are Hearing About USCIS’s Processing of Adjustment of Status Applications – June 16, 2020
- Practice Alert: Availability of InfoMod Appointments as USCIS Local Field Offices Reopen – June 5, 2020
- Practice Alert: Vermont Service Center Delays in Receipt Notices – June 4, 2020
- Practice Alert: Filing Form I-140 Petitions During the COVID-19 Pandemic – June 2, 2020
- Practice Alert: Requesting Satisfactory Departure from Local USCIS Field Offices – May 18, 2020
- Practice Pointer: Extraordinary Circumstances for Extraordinary Times for H-1B and other Nonimmigrant Worker Petitions – May 20, 2020
- Practice Alert: I-551 (ADIT) Stamp Requests at Local USCIS Field Offices During the COVID-19 Global Pandemic - May 6, 2020
- Practice Pointer: Considerations When Discussing Unemployment Insurance Benefits with Immigration Clients – April 15, 2020
- Practice Alert: Reports Received That the Vermont Service Center Is Temporarily Closed - April 10, 2020
- Practice Alert: Is My Immigration Client Eligible for a Recovery Rebate under the CARES Act? – April 6, 2020
- Practice Alert: COVID-19 and the Public Charge Rule – April 2, 2020
- Spreadsheet Detailing Local USCIS Field Office Procedures During COVID-19 Outbreak – March 26, 2020
Samples/Template Resources
- Check out the Immigration Justice Campaign’s COVID-19 page – Continuously Updated
- The COVID-19 pandemic is having profound impacts on the immigration detention system and the immigration courts. On this page you will find updates related to detention, release from detention, the operation of the immigration courts, and legal arguments related to COVID-19.
- Ninth Circuit Order: “In light of the rapidly escalating public health crisis, which public health authorities predict will especially impact immigration detention centers, the court sua sponte orders that Petitioner be immediately released from detention and that removal of Petitioner be stayed pending final disposition by this court.” – March 23, 2020
- On March 24, the Ninth Circuit issued a revised order, noting that the inclusion of the “For Publication” designation was a clerical error.
- Sample Motion for Continuance Due to COVID-19
- National Immigration Project of the National Lawyers Guild: Responses to the Coronavirus (COVID-19) Pandemic
- This practice advisory intended to assist advocates seeking release of their clients from immigrant detention based on the threat COVID-19 presents to their life and health. We have included sample filings addressing the emergent nature of the COVID-19 pandemic and its impact on the detained immigrant population.
- Template Parole Request in Light of COVID-19: No Medical Conditions from the Immigration Justice Campaign
This template, which is based on a template prepared by the National Immigration Project of the National Lawyers Guild, is a request for parole for clients who do not have medical conditions that make them particularly vulnerable to COVID-19. This can be used even if you have previously requested parole or bond. - Template Parole Request in Light of COVID-19 for People with Medical Vulnerabilities from the Immigration Justice Campaign
This template, which is based on a template prepared by the National Immigration Project of the National Lawyers Guild, is a request parole for clients who have medical conditions or are otherwise medically vulnerable to COVID-19. This can be used even if you have previously requested parole or bond. - C.V. for Infectious Disease Specialist from Rocky Mountain Immigrant Advocacy Network
C.V. for Dr. Carlos Franco-Paredes, infectious disease specialist and author of preceding letter on risks of detention for people at high risk of COVID-19, to be used in release requests for people at high medical risk during the pandemic. - Letter from Infectious Disease Specialist About Risks of Detention for People at High Risk of COVID-19 from Rocky Mountain Immigrant Advocacy Network
This letter lays out who is considered at high risk in the COVID-19 pandemic, and the risks of detention during the pandemic especially for those at high risk. This letter, along with Dr. Franco-Paredes' c.v., may be used to accompany release requests for anyone in the high risk categories he outlines. - Template Letter to Local Jail/Prison/Detention Center Administrators Regarding COVID-19 (Courtesy of ACLU’s National Prison Project; Per ACLU NPP, advocates should consider contacting their local ACLU affiliates about potential advocacy around this issue as affiliates have also received this template letter.)
Law Firm Planning Resources
- Practice Management During the Pandemic – Continuously Updated
- SBA Loans and Other Resources to Help Your Practice Navigate the COVID-19 Pandemic – Continuously Updated
- Frequently Asked Questions on Ethics During the Pandemic – October 16, 2020
- Think Immigration: Business Continuity Planning: Immigration Law Practice in the Era of COVID-19 – March 16, 2020
Educational Resources
- Free: Parole from Immigration Detention During the COVID-19 Pandemic – CLE Eligible (May 5, 2020)
- Free: Understanding the Coronavirus Disaster Assistance Loan Programs and How to Apply (April 8, 2020)
- Free: Coronavirus Outbreak - Managing Global Mobility in the Midst of an International Health Crisis (Americas and Europe) – March 4, 2020
AILA Correspondence and Advocacy Resources
CBP | DHS | DOJ/EOIR | DOS | ICE | USCIS
CBP
- AILA Sends Letter to CBP Requesting It Grant Subsequent Periods of Satisfactory Departure During the COVID-19 Outbreak – April 14, 2020
- AILA Sends Letter to CBP Regarding Its Response to COVID-19 - March 17, 2020
DHS
- AILA and Partners Urge DHS to End Destructive Policies That Threaten the Safety of Immigrant Children - June 16, 2020
- AILA and Partners Send Letter to DHS and CDC on the Indefinite Suspension of Protections for Asylum Seekers and Unaccompanied Children – May 27, 2020
- Immigration Justice Campaign and Partners File Complaint Highlighting ICE’s Failure to Protect Detainees During the COVID-19 Pandemic – May 7, 2020
- AILA and Partners Send Letter to DOS and DHS Requesting Relief for Foreign-Born Workers and Their Employers – April 17, 2020
- AILA and Partners Send Letter to DHS and CDC Expressing Concern over Expulsion of Unaccompanied Children - April 16, 2020
- AILA Sends Letter to DHS Requesting Guidance Concerning Form I-9 Compliance and COVID-19 – March 16, 2020
DOJ/EOIR
- AILA and Partners Send Letter to EOIR on Premature Decision to Resume the Non-Detained Docket – June 15, 2020
AILA, the American Immigration Council, CLINIC, HRF, NIJC, and NIPNLG sent a letter to EOIR Director McHenry in response to EOIR’s decision to resume non-detained immigration court hearings during the worldwide spread of COVID-19. - Letter from AILA New York Chapter to DOJ, EOIR, DHS, USCIS, and ICE on Response to COVID-19 – March 25, 2020
Over 200 Organizations, including AILA’s New York Chapter, called on government agencies to implement certain policies and protocols in response to the COVID-19 outbreak. - More than 70 Organizations Call on DOJ to Immediately Close All Immigration Courts During the COVID-19 Pandemic – March 26, 2020
- Letter from AILA Arizona Chapter to EOIR - March 23, 2020
In a letter to EOIR, AILA’s Arizona Chapter expresses concern over how ICE's PPE policy and EOIR's failure to suspend detained hearings creates a conflict for attorneys under the Arizona Rules of Professional Conduct. - AILA and Partners Send Letter to EOIR and ICE on Legal Access in Immigration Detention and Immigration Courts During COVID-19 Pandemic - March 23, 2020
- Citing Coronavirus Risks and a New Irresponsible Policy for Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees, Lawyers, and Immigrants - March 23, 2020
- Immigration Judges, Prosecutors, and Attorneys Renew Call for Immediate Closure of All Immigration Courts - March 22, 2020
- Letter from AILA’s Colorado Chapter to EOIR – March 18, 2020
AILA’s Colorado Chapter urged the EOIR in a letter to instruct the Aurora Immigration Court to immediately prioritize bond hearings and continue all other hearings for a minimum of 2 to 4 weeks. - Press Call: Immigration Judges and Attorneys Joined by Public Health Experts Call for Additional Protective Measures Amid COVID-19 Outbreak - March 17, 2020
- AILA Sends Letter to DOJ, EOIR, and ICE Regarding Urgent COVID-19 Measures – March 16, 2020
- The National Association of Immigration Judges (NAIJ), the ICE Professionals Union, and AILA called for the emergency closure of the nation’s Immigration Courts in adherence with current public health protocols regarding the COVID-19 virus and recognizing the urgency of this public health crisis. - March 15, 2020
- Letter from AILA South Florida Chapter to EOIR on Protecting People from COVID-19 – March 14, 2020
- Letter from AILA Washington Chapter to EOIR on Protecting People from COVID-19 – March 12, 2020
- Letter from AILA New Jersey Chapter to EOIR on Protecting People at EOIR Newark from COVID-19 – March 12, 2020
- Sign-On Letter to EOIR Regarding New York Immigration Courts Lack of Preparation for Coronavirus Outbreak – March 12, 2020
DOS
- AILA and Partners Send Letter to DOS and DHS Requesting Relief for Foreign-Born Workers and Their Employers – April 17, 2020
- AILA and IMGT Send Letter to DOS Recommending Actions to Facilitate the Services of International Medical Graduates During the COVID-19 Outbreak – April 3, 2020
ICE
- Client Flyer: Students and COVID-19 Related Immigration Developments – February 18, 2021
- Policy Brief: Increase in Indefinite ICE Detention Without Foreseeable Removal Dates During COVID-19 Pandemic - January 7, 2021
- AILA Colorado Chapter Leaders and Partners Discuss Suspected COVID-19 Outbreak in the Aurora Contract Detention Facility – October 29, 2020
- AILA and Partners Urge DHS and ICE to Release Detained Families Together – July 17, 2020
- AILA and Partners Urge New Mexico Governor Lujan Grisham to Stop ICE Detention Facility Transfers
- - June 22, 2020
- AILA Sends Letter to ICE About Check-In Procedures and Filing Stays of Removal – June 4, 2020
- AILA Hosts Telebriefing on the Treatment of Immigrants in Detention During the COVID-19 Pandemic – May 21, 2020
- AILA and Partners Send Letter Urging DHS and ICE to Expedite Releases of Individuals in Immigration Custody – May 4, 2020
- AILA and Partners Send Letter to New Jersey Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic – April 14, 2020
- AILA and Partners Send Letter to New Mexico Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic - April 14, 2020
- AILA and Partners Send Letter to Colorado Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic – April 13, 2020
- AILA’s Ohio Chapter Sends Letter to Butler County Jail on Attorney-Client Communication with ICE Detainees – March 30, 2020
AILA’s Ohio Chapter sent a letter to the Butler County Jail requesting modifications to the current communication system to ensure due process and right to counsel for ICE detainees in light of the COVID-19 pandemic. - AILA and Partners Send Letter to EOIR and ICE on Legal Access in Immigration Detention and Immigration Courts During COVID-19 Pandemic - March 23, 2020
- Citing Coronavirus Risks and a New Irresponsible Policy for Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees, Lawyers, and Immigrants - March 23, 2020
- Letter from AILA’s Colorado Chapter to ICE ERO Colorado – March 18, 2020
In a letter, AILA’s Colorado Chapter urged ICE offices serving Colorado and Wyoming, including ERO and OPLA, to immediately take specific actions for the prevention and management of COVID-19. - AILA Letter to ICE and EOIR Regarding Urgent COVID-19 Measures - March 16, 2020
- AILA Sends Letter to ICE Regarding ICE Facilities and COVID-19 – March 12, 2020
USCIS
- AILA Sends Letter to USCIS with Recommendations Concerning the Reopening of USCIS Offices During the COVID-19 Global Pandemic – June 4, 2020
- AILA Requests to USCIS for Flexibility and Accommodations in Response to COVID-19 Pandemic – May 19, 2020
- AILA Sends Letter to USCIS Demanding Immediate Suspension of All Deadlines – March 23, 2020
- AILA Requests Additional Accommodations from USCIS to Facilitate Filings During National Emergency – March 23, 2020
- AILA Sends Letter to USCIS Regarding California’s “Stay at Home” Order - March 20, 2020
- AILA’s Colorado Chapter Calls on USCIS to Immediately Suspend In-Person Office Interviews to Protect Public Health – March 17, 2020
- AILA Sends Letter to USCIS Requesting Guidance on Its Response to COVID-19 – March 16, 2020
- Letter from AILA’s Colorado Chapter to USCIS Field Office in Colorado – March 15, 2020
In a letter, AILA’s Colorado Chapter urged the USCIS field office director and USCIS district director in Colorado to request that the USCIS offices serving Colorado and Wyoming immediately take specific actions for the prevention and management of COVID-19.
Partner Resources
- National Resource Center for Refugees, Immigrants, and Migrants (NRC-RIM)
- Funded by the CDC, the NRC-RIM supports state and local health departments working with refugee, immigrant, and migrant communities that have been disproportionately affected by COVID-19.
- American Immigration Council: The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System (March-September 2020) – September 30, 2020
- Center for Migration Studies: COVID-19 Migration-Related Developments
- National Immigration Forum: Immigration-related Executive Actions During the COVID-19 Pandemic - June 12, 2020
- The American Immigration Council: The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System
- Journal of Urban Health 2020: “Modeling COVID-19 and Impacts on U.S. Immigration and Enforcement (ICE) Detention Facilities, 2020”
- “The study found that 72% of individuals are expected to be infected by day 90 under the optimistic scenario, while nearly 100% of individuals are expected to be infected by day 90 under a more pessimistic scenario. The study also determined that, in the most optimistic scenario, coronavirus outbreaks among a minimum of 58 ICE facilities (52%) would overwhelm ICU beds within a 10- mile radius, and outbreaks among a minimum of 3 ICE facilities (3%) would overwhelm local ICU beds within a 50-mile radius over a 90-day period, provided every ICU bed were made available for sick detainees.” – Study Projects Significant Impact on Immigrants and Local Health Care if ICE Detention Populations Are Not Decreased (Press Release from the Government Accountability Project; April 27, 2020)
- ICECOVIDModel.org
- National Immigrant Justice Center: Know Your Rights: Understanding Benefits You Can Receive During The COVID-19 Crisis (April 2020) – For Clients
- HIAS COVID-19 Response
- HIAS has produced a "Know Your Rights" flyer to give refugees, asylum seekers, asylees, and other immigrants information about their rights during the coronavirus outbreak. It includes facts about employment protections, accessing healthcare, housing rights, and more. You can read versions in English, Arabic, Farsi, French, Russian, Spanish, and Swahili. For those who need COVID-19 information in other languages, the Endangered Languages Project has compiled an extensive list of resources published in dozens of different languages.
- NAIJ and AFGE Local 3525 Call on EOIR to Immediately Implement Workplace Safety Precautions and Provide Greater Transparency Regarding Coronavirus Health Risks in EOIR Workspace – April 22, 2020
- International Medical Graduate (IMG) Taskforce Scorecard on Government Agency Action in Response to COVID-19 – April 16, 2020
- NAIJ Press Release: Keeping Immigration Courts Open Creates an Unnecessary Risk to Public Health Across New York State Says Judges’ Union – April 7, 2020
- Fastcase: COVID-19 Resources
- CIELO: Information about COVID-19 in Indigenous Languages
- Rapid Defense Network: Daily COVID-19 Decisions Updates & Documents
- The NAIJ Urgently Calls for Immediate Implementation of Required Health and Safety Measures for the Immigration Courts During the Coronavirus Pandemic – March 30, 2020
- Letter from the International Medical Graduate (IMG) Taskforce to USCIS – March 27, 2020
In a letter to USCIS, the International Medical Graduate (IMG) Taskforce expressed concerns about the ability of healthcare institutions to provide adequate levels of care during the coronavirus pandemic and proposed actions USCIS could take, including expedited processing of applications and EADs for health care workers, automatic extensions of EADs, and more. - Brennan Center for Justice: Courts’ Responses to the Covid-19 Crisis
- CLINIC: Information and Resources Related to COVID-19 Pandemic
- National Immigration Forum's COVID-19 Policy Principles - March 20, 2020
- National Immigration Project Practice Alert: Coronavirus Asylum Claims Based on "Other Serious Harm - March 19, 2020
- CATO Institute: Timeline and List of U.S. Immigration Actions on COVID-19 – March 19, 2020
- 26 Legal Services Send Letter Urging for the Postponement of Hearings for Detained Unaccompanied Children During COVID-19 Emergency - March 19, 2020
- IOM, UNHCR announce temporary suspension of resettlement travel for refugees - March 17, 2020
- Letter from the Association of Deportation Defense Attorneys to EOIR on Protecting People from COVID-19 – March 17, 2020
- Immigration Judges, Prosecutors, and Attorneys Call for the Nationwide Closure of All Immigration Courts – March 15, 2020
- NAFSA: COVID-19 Guidance from DOS ECA for J-1 Exchange Program Sponsors
- National Association of Immigration Judges Asks EOIR to Suspend Non-Detained Master Calendar Dockets in Light of COVID-19 - March 12, 2020
- Letter from Northwest Immigrant Rights Project, Columbia Legal Services, and ACLU Washington to ICE and GEO on Protecting People at Tacoma NWDC from COVID-19 – March 10, 2020
- National Association of Immigration Judges Provides Guidance to Judges on COVID-19 and the Immigration Courts - March 9, 2020
- National Association of Immigration Judges Correspondence to EOIR Regarding Coronavirus - March 9, 2020
- Letter from the Legal Aid Society, Brooklyn Defender Services, and the Bronx Defenders to ICE on Coronavirus Response – March 6, 2020
- Achieving A Fair and Effective COVID-19 Response: An Open Letter to Vice-President Mike Pence, and Other Federal, State and Local Leaders from Public Health and Legal Experts in the United States - March 2, 2020
- Summary of COVID-19 Reference Materials Related to Prisons, Jails, Immigration Detention Centers (Courtesy of ACLU’s National Prison Project)
Government Announcements and Alerts
CBP | CDC | DHS | DOL | DOS | EOIR | HHS | ICE | Presidential Documents | USCIS
CBP
- Check CBP’s website for the latest announcements related to COVID-19, including temporary closures and new hours for border crossings and ports of entry.
- CBP COVID-19 Updates and Announcements
CDC
DHS
DOL
DOS
EOIR
AILA has created a separate page to track updates regarding EOIR’s operational status during the coronavirus pandemic. For additional resources, see EOIR’s webpage, EOIR's Twitter account @DOJ_EOIR, and EOIR's Facebook page. Also see EOIR’s Policy Memo 20-13: EOIR Practices Related to the COVID-19 Outbreak (6/11/2020) and information about filing by email with Immigration Courts and with the Board of Immigration Appeals.
Track EOIR's Operational Status
Date | Announcement |
---|---|
May 17, 2021 | EOIR to Resume Hearings in Non-Detained Cases in Certain Immigration Courts |
December 23, 2020 | USCIS and EOIR Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal |
October 14, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Imperial and Miami Immigration Courts |
October 9, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Seattle Immigration Court |
October 9, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Atlanta Immigration Courts |
September 30, 2020 | EOIR Resumes Hearings in Non-Detained Cases at Certain Arizona and California Immigration Courts |
September 22, 2020 | EOIR Resumes Hearings in Non-Detained Cases at the Los Angeles Immigration Courts |
September 16, 2020 | EOIR Resumes Hearings in Non-Detained Cases at the Charlotte, Denver, and Orlando Immigration Courts |
September 2, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Salt Lake City Immigration Court |
August 7, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Omaha Immigration Court |
July 17, 2020 | DHS/DOJ Announce Plan to Restart MPP Hearings “As Expeditiously As Possible” |
July 16, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Arlington Immigration Court |
July 8, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Baltimore, Detroit, and Newark Immigration Courts |
July 1, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Chicago, Cleveland, Philadelphia, and Saipan Immigration Courts |
June 24, 2020 | EOIR to Resume Hearings in Non-Detained Cases at Some Immigration Courts |
June 22, 2020 | EOIR posted the following update on Twitter on June 22, 2020, at 2:09 am (ET): “As previously announced, certain immigration courts have resumed non-detained hearings. Hearings in non-detained cases at courts without an announced date are postponed through, and including, July 10, 2020.” EOIR then replied to this Tweet with the following: “Visit EOIR’s web page for the latest operational status of courts nationwide. For case specific information, please have the relevant alien registration number and call 800-898-7180 or visit our website. https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN.” |
June 16, 2020 | DHS and EOIR Postpone MPP Hearings Scheduled Through July 17, 2020 |
June 11, 2020 | EOIR To Resume Hearings in Non-Detained Cases at the Honolulu Immigration Court |
June 11, 2020 | EOIR Updates Guidance on Immigration Court Practices During the COVID-19 Pandemic |
May 18, 2020 | DOJ Issues Memo with Framework for Returning to Normal Operations After COVID-19 |
May 15, 2020 | EOIR announced via Twitter on May 15, 2020, at 1:30 pm (ET), that “All hearings in non-detained cases are postponed through, and including, Friday June 12, 2020. Visit EOIR’s website for the latest operational status of courts nationwide." In the tweet, EOIR linked to its page, EOIR Operational Status During Coronavirus Pandemic. EOIR sent this update via email on May 15, 2020, at 1:13 pm (ET). |
May 10, 2020 |
DHS and EOIR issued a joint statement noting the following adjustments to the temporary postponement of Migrant Protection Protocols (MPP) hearings:
|
May 4, 2020 | EOIR announced via Twitter on May 4, 2020, at 2:23 pm (ET) that “Hearings in non-detained cases are postponed through May 29, 2020. For the operational status of EOIR operations nationwide, please visit the EOIR website.” In the tweet, EOIR linked to its page, EOIR Operational Status During Coronavirus Pandemic. EOIR sent this update via email on May 4, 2020 at 2:22pm (ET). |
April 30, 2020 | Joint DHS/EOIR Statement on MPP Rescheduling
|
April 28, 2020 | The National Association of Immigration Judges (NAIJ) announced via Twitter on April 28, 2020, that “NAIJ has learned that MPP dockets will be suspended until at least May 15, 2020. No public announcement by EOIR.” |
April 21, 2020 | EOIR announced via Twitter on April 21, 2020, at 8:30 am (ET) that "Hearings in non-detained cases are postponed through May 15, 2020." EOIR also sent this update via email on April 21, 2020, at 8:31 am (ET). |
April 9, 2020 | EOIR announced via Twitter on April 9, 2020, at 2:31 pm (ET) that “The Office of the Chief Administrative Hearing Officer is now accepting filing of new complaints by email. For guidelines and more information, please see EOIR’s website.” EOIR also linked to a new page, Filing by Email – Office of the Chief Administrative Hearing Officer in the Tweet. EOIR also sent this update via email on April 9, 2020, at 2:31 pm (ET). |
April 7, 2020 | EOIR: The BIA is now accepting certain filings by email. For guidelines and more information, please visit EOIR’s website announced via Twitter on April 7, 2020, at 12:02 pm (ET) that “The BIA is now accepting certain filings by email. For guidelines and more information, please visit EOIR’s website.” EOIR also linked to a new page, Filing by Email – Board of Immigration Appeals in the Tweet. EOIR also sent this update via email on April 7, 2020, at 12:01 pm (ET). |
April 3, 2020 | EOIR published a new policy memo on April 3, 2020, PM 20-11, containing updated policies for signatures on documents filed with the immigration courts and the Board of Immigration Appeals. |
April 1, 2020 | EOIR announced via Twitter on April 1, 2020, at 11:01 am (ET) that “Due to the pandemic and new CDC guidelines, MPP hearings scheduled through May 1, 2020, have been postponed. Individuals should present themselves on previously scheduled date to receive tear sheets and hearing notices with new hearing dates.” EOIR also linked to EOIR’s Operational Status page in the Tweet. |
April 1, 2020 | DHS and EOIR Postpone MPP Hearings Scheduled Through May 1, 2020
|
March 31, 2020 |
|
March 30, 2020 | EOIR announced via Twitter on March 30, 2020, at 7:36 pm (ET) that “Hearings in non-detained cases are postponed through May 1, 2020." The Tweet linked to EOIR’s operational page. EOIR also sent this update via email on March 30, 2020 at 7:35 pm (ET). |
March 26, 2020 | EOIR Email Sent to Stakeholders Announcing New Listserv and the Latest Information on Current EOIR Operations (Sent on March 26, 2020, at 9:15 pm (ET)) |
March 26, 2020 | EOIR Statement on Current Operations (Sent on March 26, 2020 at 9:10pm ET) |
March 23, 2020 |
Joint DHS/EOIR Statement on MPP Rescheduling: Due to circumstances resulting from COVID-19, all Migrant Protection Protocol (MPP) master calendar and merit hearings presently scheduled through April 22 will be rescheduled. Neither the MPP program nor any hearings will be cancelled. Any individual with an MPP hearing date through April 22 should present themselves at their designated port of entry on their previously scheduled date to receive a tear sheet and hearing notice containing their new hearing dates. DHS and EOIR are deeply committed to ensuring that individuals ‘have their day in court’ while also ensuring the health and safety of aliens, our frontline officers, immigration court professionals, and our citizens. |
March 23, 2020 | San Diego Tribune reporter Kate Morrissey shared that CBP San Diego stated on a press call that there is a 48 hour suspension of MPP returnees crossing for court hearings that started the morning of March 23, 2020. |
March 22, 2020 | At 6:20 pm (ET), ICE communicated to AILA that, generally, only those conducting in-person contact visits need personal protective equipment (PPE) (UNLESS a particular facility has more restrictive rules), but that AILA members should still check with the facility on their individual policy. |
March 21, 2020 | ICE added language to its COVID-19 guidance stating that “ICE/ERO now requires all legal visitors, CODELs, and STAFFDELs to provide and wear personal protective equipment (PPE) (disposable vinyl gloves, N-95 or surgical masks, and eye protection) while visiting any detention facility.” Local ICE offices have reached out to some chapters directly with similar guidance and have stated that visitors will have to provide the PPE themselves. It appears that this requirement will apply to courts operated by DHS and located in detention centers. There is no indication at this time that this requirement would apply to courts operated by EOIR and outside of detention centers. |
March 20, 2020 | EOIR Defers All Non-Detained Cases Until April 10, 2020, Due to COVID-19 |
March 19, 2020 |
The National Association of Immigration Judges (NAIJ) shared a letter from EOIR on Twitter that provided the following guidance:
|
March 18, 2020 | EOIR issued a memo (PM-20-10, Immigration Court Practices During the Declared National Emergency Concerning the COVID-19 Outbreak) with guidance on immigration court practices during the COVID-19 outbreak, including a note that effective 3/18/20, EOIR deferred hearings for all non-detained cases until 4/10/20. On March 19, 2020, EOIR issued an addendum to PM-2010. |
March 18, 2020 | EOIR announced via Twitter on March 18, 2020, at 4:42 pm (ET) that “Emergency filing locations for the closed immigration courts are for emergencies only. Filings due during the closures will be considered timely filed if received on the courts next business day. Deadlines for open courts remain.” |
March 17, 2020 | EOIR announced via Twitter on March 17, 2020, at 11:55 pm (ET) that “Effective March 18 all non-detained hearings postponed: these immigration courts closed: ATL Peachtree, Charlotte; HOU Gessner; Louisville; Memphis; NYC, Broadway & Fed Plaza; Newark; Sacramento; LOS – Olive. Check website for updates.” Also see EOIR issued a statement released on March 18, 2020, at 12:30 am (ET). |
March 17, 2020 | EOIR announced via Twitter on March 17, 2020, at 11:52 pm (ET) that “The case info hotline and online application may not be updated for cases postponed due to operational changes during the pandemic. Information will be updated upon issuance of a new hearing notice. Court documents remain the official source of info.” |
March 15, 2020 | EOIR announced via Twitter on March 15, 2020, at 10:49 pm (ET) that “all non-detained aliens' master calendar hearings scheduled 03/16-04/10 are postponed. Usual operations for filings except Seattle. All other hearings proceeding.”
|
March 13, 2020 | Yahoo News reporter Caitlin Dickson shared a statement from an EOIR spokesperson on EOIR’s response to COVID-19.
|
March 13, 2020 | EOIR released a statement announcing that the Seattle Immigration Court is closed through April 10, 2020. The following courts will remain open, but postpone non-detained master calendar hearings: Boston, Los Angeles (North Los Angeles, Olive, Van Nuys), Newark, New York City (Broadway; Federal Plaza; Varick), Sacramento, and San Francisco. |
March 12, 2020 | EOIR Director James McHenry sent AILA's EOIR Liaison Committee the following statement:
|
HHS
Date | Announcement |
---|---|
August 28, 2020 | HHS Request for Comments on Continued Use of COVID-19 Risk Questionnaire for Staff and Visitors at UAC Programs (85 FR 53381, 8/28/20) |
March 24, 2020 | HHS Request for Comments on COVID-19 Risk Questionnaire for Staff and Visitors at UAC Programs (85 FR 16636, 3/24/20) |
March 24, 2020 | HHS Interim Final Rule Allowing CDC to Suspend Introduction of Persons from Designated Countries or Places (85 FR 16559, 3/24/20) |
March 9, 2020 | CQ Roll Call’s Tanvi Misra received a response from the Department of Health and Human Services (HHS) on how it is approaching potential COVID-19 cases among children in its custody.
|
ICE
Date | Announcement |
---|---|
April 26, 2021 | ICE Continues March 2020 Guidance for Nonimmigrant Students for 2021-22 Academic Year |
April 26, 2021 | ICE Issues an FAQ for SEVP Stakeholders Regarding COVID-19 |
July 7, 2020 | ICE Issues FAQs for SEVP Stakeholders About Guidance for Fall 2020 Semester |
July 6, 2020 | SEVP Modifies Temporary Exemptions for Nonimmigrant Students Taking Online Courses |
May 19, 2020 | Citing COVID-19, USBP and ICE Ramp Up Repatriation Flights to Mexico |
May 6, 2020 | ICE updated its guidance on its response to the pandemic, adding information on the number of individuals who have been released as a result of judicial orders. ICE confirmed that, as of 5/5/20, 674 detainees, 39 detention facility personnel, and 102 ICE employees have tested positive for COVID-19. |
April 10, 2020 | ICE ERO Releases COVID-19 Pandemic Response Requirements for ICE Detention Facilities |
March 26, 2020 | SEVP Provides Guidance on New Electronic Form I-20 Issuance During COVID-19 Outbreak |
March 24, 2020 | SEVP Issues Broadcast Message on COVID-19 News and Updates |
March 24, 2020 | A 31-year-old Mexican national in ICE custody at the Bergen County Jail in Hackensack, New Jersey, has tested positive for COVID-19. |
March 22, 2020 | At 6:20 pm (ET), ICE communicated to AILA that, generally, only those conducting in-person contact visits need personal protective equipment (PPE) (UNLESS a particular facility has more restrictive rules), but that AILA members should still check with the facility on their individual policy. |
March 21, 2020 | ICE added language to its COVID-19 guidance stating that “ICE/ERO now requires all legal visitors, CODELs, and STAFFDELs to provide and wear personal protective equipment (PPE) (disposable vinyl gloves, N-95 or surgical masks, and eye protection) while visiting any detention facility.” Local ICE offices have reached out to some chapters directly with similar guidance and have stated that visitors will have to provide the PPE themselves. It appears that this requirement will apply to courts operated by DHS and located in detention centers. There is no indication at this time that this requirement would apply to courts operated by EOIR and outside of detention centers. |
March 18, 2020 | ICE issued guidance on how it is handling COVID-19. ICE will temporarily adjust its enforcement posture beginning March 18, 2020. with ERO focused on enforcement on public safety risks and individuals subject to mandatory detention based on criminal grounds. For those individuals who do not fall into those categories, ERO will exercise discretion to delay enforcement actions until after the crisis or utilize alternatives to detention, as appropriate. ICE notes that, "Consistent with its sensitive locations policy, during the COVID-19 crisis, ICE will not carry out enforcement operations at or near health care facilities, such as hospitals, doctors' offices, accredited health clinics, and emergent or urgent care facilities, except in the most extraordinary of circumstances. Individuals should not avoid seeking medical care because they fear civil immigration enforcement." ICE notes that as of 3/17/20, there are no confirmed cases of COVID-19 in ICE detention facilities and is screening new detainees. ICE has temporarily suspended social visitation but non-contact legal visitations will continue to be permitted. |
March 16, 2020 | AILA’s Local ICE Liaisons received a notice that all ICE check-in appointments in Atlanta are postponed until the week of April 13, 2020. If you are scheduled to report between now and then, please wait and report to ICE between April 14 – 16, 2020. Note: As of now that guidance is only for the people that are handed the actual slip of paper. |
March 16, 2020 | A representative from AILA’s Ohio Chapter received a notice that the ICE-ERO Ohio office is “ceasing all office check ins.” |
March 13, 2020 | ICE Releases COVID-19 Guidance for SEVP Stakeholders |
March 13, 2020 | BuzzFeed News reporter Hamed Aleaziz shared the news that ICE is suspending "social visitation" at all of its detention facilities across the US to prevent any transmission of coronavirus. Legal visits will still be allowed. |
March 13, 2020 | ICE issued a statement on its response to COVID-19. Statement includes an announcement that ICE is “temporarily suspending social visitation in all detention facilities.” |
March 12, 2020 | Officials at the Prairieland Detention Center in Alvarado, Texas, are allowing visiting hours for attorneys in "non-contact visiting areas" only. Attorneys will be able to visit their clients M-F from 8:00 am-10:15 am and from 6:00 pm until the last request. The non-contact visiting rooms are typical of visiting rooms in a county jail (thick glass between attorney and client). Officers can take documents back and forth from attorney to client. (Courtesy Michelle L. Saenz-Rodriguez) |
March 12, 2020 | Student and Exchange Visitor Program (SEVP) provided NAFSA with the following statement: “SEVP is committed to remaining flexible in allowing schools to make temporary procedural adaptations so nonimmigrant students can continue to make normal forward progress in their program of study. They can temporarily engage in distance-learning, either from within the U.S. or outside the country, in light of COVID-19. SEVP will provide updated guidance as the scope and length of this situation becomes more clear.” |
March 10, 2020 | CQ Roll Call’s Tanvi Misra received a response from ICE on how it is approaching potential COVID-19 threat in its detention centers.
|
March 9, 2020 | SEVP Issues Broadcast Message on COVID-19 and Potential Procedural Adaptations for F and M Students |
March 6, 2020 | ICE Releases Interim Reference Sheet on 2019-Novel Coronavirus |
March 4, 2020 | ICE-ERO Temporary Closes Seattle Field Office Due to Possible COVID-19 Exposure
|
January 29, 2020 | SEVP Issues Broadcast Message on 2019 Novel Coronavirus and F and M Nonimmigrants |
Presidential Documents
Date | Announcement |
---|---|
April 30, 2021 | Presidential Proclamation Suspending Entry as Nonimmigrants of Certain Individuals Present in India Who Pose a Risk of Transmitting COVID-19 |
January 25, 2021 | Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease |
January 21, 2021 | President Biden Issues Executive Order on Promoting COVID-19 Safety in Domestic and International Travel |
January 18, 2021 | Presidential Proclamation Terminating Restrictions on Entry of Certain Travelers from the Schengen Area, the U.K., Ireland, and Brazil |
December 30, 2020 | President Trump Issues Memorandum Extending Memorandum on Visa Sanctions |
June 22, 2020 | Presidential Proclamation Suspending Entry of Individuals Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak (85 FR 38263, 6/25/20) |
May 28, 2020 | Presidential Proclamation Suspending Entry of Certain Individuals from Brazil Who Pose a Risk of Transmitting Novel Coronavirus (85 FR 31933, 5/28/20) |
May 22, 2020 | Executive Order on Deregulatory Action Due to COVID-19 |
April 22, 2020 | Presidential Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak (85 FR 23441, 4/27/20) |
April 10, 2020 | President Memorandum on Visa Sanctions President Trump issued a memorandum directing the Secretary of State to impose visa sanctions pursuant to section 243(d) of the INA on any foreign country that denies or delays the acceptance of its citizens, subjects, nationals, or residents after being asked to accept them, and if such denial or delay is impeding DHS operations necessary to respond to the ongoing COVID-19 pandemic. |
March 18, 2020 | Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus (UK and Ireland) (85 FR 15341, 3/18/20) On 3/14/20, President Trump issued a proclamation that, with some exemptions, suspends and limits the entry into the United States, as immigrants or nonimmigrants, of individuals who were physically present within the UK and Ireland during the 14-day period preceding their entry or attempted entry. |
March 16, 2020 | Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (85 FR 15045, 3/16/20) President Trump issued a proclamation, effective 11:59 pm (ET) on 3/13/20, that with some exemptions, suspends and limits the entry, as immigrants or nonimmigrants, of individuals who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry. |
March 4, 2020 | Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus (85 FR 12855, 3/4/20) President Trump issued a proclamation that, with some exceptions, suspends and limits entry into the U.S., as immigrants or nonimmigrants, of persons who were physically present in Iran during the 14-day period preceding their entry/attempted entry. |
February 5, 2020 | Presidential Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (85 FR 6709, 2/5/20) President Trump issued a proclamation on 1/31/20 suspending and limiting entry into the U.S. as immigrants or nonimmigrants of all individuals who were physically present within the People’s Republic of China during the 14-day period preceding their entry or attempted entry. |
USCIS
USICS Office Closings Webpage (**Please check this page for the latest updates on USCIS office clsoures**)
USCIS Response to the Coronavirus Disease 2019 (COVID-19)
USCIS’s Response to the 2019 Coronavirus
USCIS Special Situations Webpage
Litigation
- AILA’s New Jersey Chapter Seeks to Enjoin Newark Immigration Court from Compelling In-Person Proceedings (AILA New Jersey Chapter v. EOIR, 7/31/20)
- Federal Employees Exposed to COVID-19 File Class Action Lawsuit Against U.S. Government (Braswell, et al. v. United States, 7/22/20)
- Naturalization Applicants File Lawsuit Seeking to Compel USCIS to Conduct Immediate Administrative Naturalizations (Campbell Davis, et al. v. USCIS, et al., 6/10/20)
- MALDEF Files Complaint Over Exclusion of COVID-19 to Mixed-Status Married Couples (Amador, et al., v. Mnuchin, et al., 4/28/20)
- Class Action Lawsuit Filed over Denial of COVID-19 Relief Checks to Spouses of Undocumented Immigrants (Doe v. Trump, et al., 4/24/20)
- AILA Files Complaint Seeking Maintenance of Status, Extended Deadlines from USCIS (AILA v. DHS, 4/3/20)
- AILA, the Immigration Justice Campaign, the National Immigration Project of the National Lawyers Guild, and several detained individuals filed suit to demand EOIR and ICE take actions to prioritize health and safety during the COVID-19 pandemic (NIPNLG et al., v. ICE, 3/30/20)
- Las Americas Immigrant Advocacy Center v. Trump - March 27, 2020
- The SPLC, Innovation Law Lab, Las Americas Immigrant Advocacy Center, Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc. and Santa Fe Dreamers Project and pro bono assistance from Perkins Coie law firm filed for an emergency temporary restraining order challenging the operation of the immigration courts despite the current public health crisis.
- Affidavit from EOIR Director James McHenry – March 31, 2020
- On April 1, 2020, Judge Karin J. Immergut denied the plaintiff's motion.
- ACLU and NWIRP File Complaint Seeking Release of Individuals in Civil Detention Due to COVID-19 (Dawson v. Asher, 3/16/20)
- Health Care Staffing Company Files Lawsuit Against USCIS for Unreasonable Delay in Adjudicating H-1Bs for Medical Professionals (Management Health Systems, LLC v. DHS, et al., 2/6/20)
Litigation Over Detainee Release During COVID-19
- Advocates Demand Release of Individuals Endangered in Texas Detention Facility - June 24, 2020
- Freedom for Immigrants: Mapping U.S. Immigration Detention and COVID-19
- Crimmigration: Ongoing Litigation Over Migrants’ Release Amid COVID-19
- Rapid Defense Network: COVID-19 Litigation Updates
- University of Michigan Law School Civil Rights Litigation Clearinghouse: COVID-19
- TRAC Finds Large Numbers at Risk in ICE Detention Facilities for the Coronavirus – April 21, 2020
- Timeline of Case Challenging Immigration Court and Detention Policies in Response to COVID-19 (NIPNLG et al., v. EOIR et al., 4/8/20)
- SPLC Demands ICE Act Amid Pandemic to Save the Lives of Countless Immigrants Trapped in its Crowded Detention Centers (Fraihat v. ICE)
- The litigators would like to raise examples of cases where people either were told that their risk factor did not count – ie, they did not meet any criteria ICE indicated they were using – or where they presented evidence of a risk factor that was not diagnosed or in their detention records – and it was denied that they had the risk factor. If this is your client or someone you know of, please email fraihatcovidcustody@splcenter.org. Please include the facility, field office, nature of risk factor, and nature of custody (ie, 236a or c or other). Please affirm they can raise with ICE; i.e., can use name and A number or keep it anonymous.
- Immigration Justice Campaign: COVID-19
- Federal Court Litigation Section (FCLS) and the Immigration Justice Campaign: Five-Part Webinar Series on Habeas Corpus
- Ninth Circuit Order: “In light of the rapidly escalating public health crisis, which public health authorities predict will especially impact immigration detention centers, the court sua sponte orders that Petitioner be immediately released from detention and that removal of Petitioner be stayed pending final disposition by this court.” – March 23, 2020
- On March 24, the Ninth Circuit issued a revised order, noting that the inclusion of the “For Publication” designation was a clerical error.
Congressional Efforts
- Senators Call For GAO Investigation into the Politicization And Mismanagement of Immigration Courts as COVID-19 Crisis Rages – August 21, 2020
- HR. 7569: Immigration Enforcement Moratorium Act
- Press Release: Representatives Escobar and Wilson Introduce the Immigration Enforcement Moratorium Act – July 9, 2020
- Senator Warren Leads Senators in a Letter to EOIR Director About EOIR’s Decision to Resume Hearings Amid COVID-19 Pandemic – June 23, 2020
- S. 4011: Immigration Enforcement Moratorium Act – June 18, 2020
- House Bill: Coronavirus Containment Act of 2020 – June 1, 2020
- Senators Sends Letter Urging DHS to Halt Detention Transfers and Expand Coronavirus Testing – May 29, 2020
- Republican Senators Send Letter to President Trump on the Importance of Nonimmigrant Visa Programs – May 27, 2020
- S. 3599: The Healthcare Workforce Resilience Act – May 5, 2020
- AILA Press Statement: AILA Supports the “Healthcare Workforce Resilience Act” - April 30, 2020
- H.R. 6788: The Healthcare Workforce Resilience Act – May 8, 2020
- AILA Press Statement: AILA Supports House Introduction of the “Healthcare Workforce Resilience Act” - May 8, 2020
- S. 3599: Federal Immigrant Release for Safety and Security Together Act (FIRST Act) – April 30, 2020
- H.R. 6537: Federal Immigrant Release for Safety and Security Together Act (FIRST Act)
- AILA Provides Summary of the Federal Immigrant Release for Safety and Security Act
- Rep. Ocasio-Cortez and Congressional Delegates from NY Sent a Letter to DOJ Demanding Answers on Immigration Court Proceedings and Called on ICE to Release Detainees - April 7, 2020
- Senator Dianne Feinstein (D-CA) and Representative Juan Vargas (D-CA) also joined the letter.
- U.S. Senators and Members of Congress Send Letter Urging USCIS to Waive H-1B and J-1 Visa Restrictions to Increase Number of Physicians Available to Respond to COVID-19 – April 14, 2020
- Chairs Maloney and Raskin Call on DHS to Release Non-Violent Migrant Detainees to Prevent Coronavirus Outbreak in Detention Facilities – April 7, 2020
- Nadler and Lofgren Renew Call on ICE to Protect Migrants and Staff During COVID-19 Pandemic - April 7, 2020
- Bipartisan Group of Senators and Members of Congress Urges USCIS to Address Access to Health Care in Underserved Areas – April 6, 2020
A bipartisan group of senators and members of Congress sent a letter to USCIS expressing concern over the suspension of premium processing of all Form I-129 and Form I-140 petitions due to the COVID-19 pandemic. The group expressed concern that the suspension will exacerbate physician shortages in rural areas and at institutions that depend on health care provided by physicians who graduated from foreign medical schools. - Members of Congress Urge DHS and DOS to Support Foreign Physicians and Healthcare Workers – April 6, 2020
Several member of Congress sent a letter urging Acting DHS Secretary Chad Wolf and Secretary of State Mike Pompeo to ensure that foreign physicians and healthcare workers are able to provide much needed support to the domestic workforce in the fight against the COVID-19 pandemic. - Senators Call on DOJ to Immediately Postpone all Immigration Court Appearances and Hearings for Detained Unaccompanied Children Due to the COVID-19 National Emergency - March 27, 2020
- Jayapal Leads Delegation Colleagues in Calling on Trump Administration to Reverse Course & Close Immigration Courts in Seattle and Newark - March 26, 2020
- The letter was signed by Washington’s Democratic congressional delegation, including U.S. Senators Patty Murray (D-WA) and Maria Cantwell (D-WA), and U.S. Representatives Adam Smith (WA-09), Rick Larsen (WA-02), Suzan DelBene (WA-01), Denny Heck (WA-10), Derek Kilmer (WA-06), and Kim Schrier (WA-08)
- H.R. 748: Coronavirus Aid, Relief, and Economic Security Act (CARES Act) - March 25, 2020
- Summary of the CARES Act, courtesy of the Immigration Hub
- Senator Feinstein Calls on the DOJ to Suspend Hearings During the COVID-19 Pandemic – March 25, 2020
- Senator Warren Calls for Nationwide Closure of Immigration Courts Amid COVID-19 Outbreak – March 21, 2020
- Senator Markey Calls on Justice Department to Immediately Close Immigration Courts - March 18, 2020
- Chairman Nadler Calls on DOJ, EOIR to Suspend Immigration Court Hearings During COVID-19 Outbreak - March 18, 2020
- Congressman Correa’s Urges AG Barr To Suspend All Immigration Courts Hearings and Release Detainees – March 15, 2020
- House Judiciary Chairman Nadler Calls on ICE to Protect Migrants & Staff in Detention Facilities Amidst COVID-19 Outbreak - March 13, 2020
- Senators Warren and Markey Send Letter to EOIR Director Urging EOIR to Post CDC Signage on Coronavirus – March 11, 2020
- Members of Congress Seek Information on DHS’s Plan to Prevent and Respond to COVID-19 in Detention Facilities – March 11, 2020
Other Documents and Resources
- DHS Releases Report on COVID-19 Vulnerability by Immigration Status – May 14, 2021
- DOJ OIG Releases Limited-Scope Review of EOIR’s Response to the COVID-19 Pandemic – April 22, 2021
- CRS: Noncitizen Eligibility for the Second Round of Direct Payments to Individuals – January 19, 2021
- American Immigration Council Special Report: The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System – September 30, 2020
- DHS OIG Issues Report on Early Experiences with COVID-19 at CBP Border Patrol Stations and OFO Ports of Entry – September 4, 2020
- DHS OIG Releases Report on Early Experiences with COVID-19 at ICE Detention Facilities - June 18, 2020
- TRAC Releases Report on the Impact of Immigration Court Hearing Cancellations Due to COVID-19 – June 4, 2020
- CRS Releases Report on Unauthorized Immigrants’ Eligibility for COVID-19 Relief Benefits – May 1, 2020
- CRS Releases Legal Sidebar on Entry Restrictions at the Northern and Southern Borders in Response to COVID-19 – April 24, 2020
- Public Interest Groups Urge Agencies to Suspend All Non-COVID-19 Rulemaking During Public Health Emergency – March 24, 2020
- The National Governors Association and Other State and Local Government Organizations Urge President Trump to Pause Comment Periods on Active Rulemakings Across the Federal Government – March 20, 2020
- CRS Releases Legal Sidebar on COVID-19 Travel Restrictions and Quarantine Measures - March 17, 2020