- The Trump Administration’s immigration enforcement tactics continue to face headwinds in federal courts. A recent Reuters review of court records shows that federal judges have ruled over 4,400 times against the illegal detention of immigrants just since October. Last week, a federal court blocked enforcement actions at certain houses of worship, including some in Massachusetts. Yesterday, a federal judge rejected a ruling by the Board of Immigration Appeals that allowed for the indefinite detention without bond for those applying for status. Later this week, a federal judge in Minnesota will consider extending an injunction that prevents the administration from detaining refugees who have not received their green cards yet. However, more and more, courts are expressing concern with the fact that ICE is frequently ignoring such orders, with a Politico review finding that judges are growing “increasingly furious and exhausted by the Trump administration’s tactics.” Tensions are likely to increase soon; a filing in the Minnesota case included a policy memo, dated yesterday, from USCIS and ICE ordering the detention of refugees who have not adjusted status within a year despite the existing injunction issued by that court. In a separate case in Minnesota, a federal judge held a government attorney in contempt because ICE ignored a court order – the attorney will have to pay $500 for every day that ICE continues to ignore the court.
- There is little indication that the partial government shutdown, which began on Saturday, will end any time soon. Congressional negotiators were unable to come to an agreement on sensible reforms for ICE & CBP before the Friday deadline, and negotiations are now taking place between Democratic leadership in Congress and the White House. However, negotiators are keeping any details close to the chest, and advocates have little news on what issues are on the table and where negotiators are placing red lines and where they are showing a willingness to compromise. While the partial shutdown only applies to DHS, immigration functions should be largely unaffected. USCIS is mostly funded through application fees while ICE and CBP are generally considered to be essential, and their officers will continue to work without pay until funding is passed by Congress.