Resources on Federal Administrative Advocacy

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CLINIC has prepared guidance to assist organizations to prepare a public comment on the proposed rule to tighten requirements on sponsors in Affidavits of Support.

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CLINIC urges DHS to withdraw the proposed Notice of Proposed Rule Making

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CLINIC, with 85 organizations, joined in urging the Justice Department and Office of Management and Budget to allow for a minimum 60-day comment period to respond to EOIR's Notice of Public Rulemaking titled, "Asylum and Withholding of Removal Procedures."

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The Department of Justice has issued a notice of proposed rulemaking that would further restrict the rights of asylum seekers before immigration court. The proposed rule would speed up hearings and allow immigration judges to present their own evidence to deny cases.

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CLINIC submitted comments in response to the USCIS Information Collection published on July 25, 2020, revising Form I-485, Application to Register Permanent Residence or Adjustment of Status.

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On Sept. 25, 2020, CLINIC submitted comments strongly opposing an Executive Office for Immigration Review, or EOIR, rule that would further erode due process for noncitizens appearing before the immigration courts and Board of Immigration Appeals.

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The notice outlines the administration’s plan to expand the collection of biometrics to require any applicant, petitioner, sponsor, beneficiary or individual filing or associated with an immigration benefit or request — over six million people annually — to appear for biometrics collection without regard to age, including U.S. citizens.

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CLINIC submitted comments in response and opposition to the Justice Department's Information Collection published on July 13, 2020, revising Form EOIR-31, Request for New Recognition, Renewal of Recognition, Extension of Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization, and Form EOIR-31A, Request by Organization for Accreditation or Renewal of Accreditation of Non-Attorney Representative.

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The Department of Justice has issued a notice of proposed rulemaking that would greatly limit the rights of noncitizens before the Board of Immigration Appeals, or BIA, and immigration court judges. CLINIC urges advocates to submit a comment before the Sept.25, 2020, deadline and has created a template to assist in doing so.

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On Aug. 13, 2020, CLINIC submitted comments opposing changes to the I-589 asylum application form. The proposed form would increase the length of the form to 16 pages and implement the June 15 proposed asylum rule that would make it impossible for most asylum seekers to prevail.

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On Aug. 10, 2020, CLINIC submitted comments on proposed regulations that would use COVID-19 as a pretext to deny asylum and other humanitarian protections to virtually all applicants.

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In mid-May 2020, news broke that U.S. Citizenship and Immigration Services would request a $1.2 billion bailout from Congress or else face massive lay-offs and disruption to operations. While the agency’s acting director cited the COVID-19 pandemic as the cause of the funding crisis, immigration experts have long raised alarms that extreme mismanagement would lead to financial instability.

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On July 15, 2020, CLINIC submitted comments on sweeping proposed regulations that would render most people fleeing harm ineligible for asylum protection. CLINIC strongly opposed both the limited time frame for submitting comments to such a radical rule change and to the substance of the rule.

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U.S. Citizenship and Immigration Services, or USCIS, is requesting a $1.2 billion bailout from Congress, saying that without it, they will drastically cut services and furlough 13,400 public servants. USCIS, which processes immigration and naturalization applications, is funded primarily by the fees it charges customers – immigrants, their families and employers. Other federal agencies are funded by taxpayer dollars.

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CLINIC and partners submitted updated recommendations to USCIS on LRIF implementation on June 2.

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On May 19, 2020, the Catholic Legal Immigration Network, Inc. and World Relief submitted a letter to the Executive Office for Immigration Review, or EOIR, requesting rescission of the new versions of Forms EOIR-31 and EOIR-31A for the Department of Justice Recognition and Accreditation Program.

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CLINIC submitted a comment to the USCIS Policy Manual update regarding Liberian Refugee Immigration Fairness, or LRIF, on May 7, 2020

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CLINIC's partner organizations submitted a joint comment in response to USCIS's updates to the Policy Manual regarding LRIF on May 7.

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On April 24, 2020, CLINIC submitted comments opposing an Interim Final Rule expanding the number of permanent Board of Immigration Appeals, or BIA, members to 23. CLINIC expressed its concerns that the purpose of the rule was to add ideologically anti-immigrant BIA members rather than to improve the functioning of the BIA.

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CLINIC submitted comments on April 23, 2020, opposing the Department of Health and Human Services' Interim Final Rule, or IFR, outlining the procedure by which the Centers of Disease Control, or CDC, may "suspend the introduction of persons from designated countries or places, if required, in the interest of public health." CLINIC's comment calls upon the U.S. government to rescind this IFR and proclamation and end this unprecedented restriction on seeking asylum at the border.

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In April 2020, 69 organizations, led by CLINIC, sent a letter to DHS and USCIS urging the extension of the re-registration period and work permits for TPS holders from Yemen and Somalia in light of COVID-19

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CLINIC and ASISTA joined to submit a public comment in response to USCIS' proposed revisions to Form I-290B, Notice of Appeal or Motion. This comment is the second submission to USCIS regarding its proposed changes to this form and acknowledges that USCIS has removed several of its proposed changes from the Form I-290B instructions. The comment restates concerns about changes that remain in the instructions that contravene long-established policy and will continue to harm an applicant’s access to administrative review.

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CLINIC submitted comments on March 30, 2020, urging the Justice Department to withdraw its proposed fee increases for immigration court and Board of Immigration Appeals, or BIA, filings. CLINIC opposed procedural issues concerning the rulemaking, including the Justice Department’s refusal to extend the 30-day comment deadline in light of the COVID-19 pandemic. CLINIC also argued that the dramatic increases in fees — appeals to the BIA would rise from $110 to $975 — are unreasonable and will prevent people from receiving fair results in their cases.

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This resource is a template to help immigration services organizations draft a public comment in response to the administration’s proposed Executive Office for Immigration Review, or EOIR, fee schedule that dramatically increases fees associated with immigration court filings.

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CLINIC’s Administrative Advocacy Priorities serve as a guide for CLINIC’s work as a leading advocacy agency.

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CLINIC and 150 legal, faith-based and humanitarian organizations wrote to urge the administration to terminate MPP after the 9th Circuit upheld an injunction on the program. MPP places asylum-seekers in danger and creates barriers to legal representation.

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The notice outlines the administration’s plan to significantly increase fees associated with filings for appeals to the Board of Immigration Appeals, or BIA, applications for suspension of deportation or cancellation of removal, and motions to reopen or reconsider before the immigration courts or the BIA. EOIR has provided a 30-day public comment period ending on March 30, 2020. Advocates are urging EOIR to provide a longer period of time for review and meaningful public feedback on the proposal.

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The current court system is in need of reform to address case backlogs and lacks meaningful independence from the Executive Branch.

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On Jan. 21, 2020, CLINIC submitted a public comment opposing the proposed rule to create additional criminal bars to asylum. CLINIC opposes this rule because it expands the categorical bars to asylum to include minor offenses and alleged criminal conduct, without consideration of proportionality. In our comment, CLINIC describes how the proposed rule is contrary to our obligations under the United Nations Refugee Convention, and how its implementation will result in the separation of families and the wrongful return of asylum seekers to harm.

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CLINIC submitted comments on January 13, 2020 strongly opposing proposed regulations which will impose new limitations on asylum seekers’ ability to obtain an employment authorization document (EAD) while their asylum applications are pending.

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CLINIC submits comments to respond to the proposed changes to fee schedule for Fee Waiver and Petition for Nonimmigrant Worker, as it would relate to religious workers. 

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CLINIC submitted comments on an Interim Final Regulation issued by the Department of Homeland Security (DHS) and the Department of Justice (DOJ) that allows the United States to send asylum seekers at the southern border to countries with which the United States has entered into “asylum cooperative agreements.” These countries—Guatemala, Honduras, and El Salvador—are among the most dangerous countries in the Western Hemisphere and do not have government infrastructure to handle thousands of additional asylum claims.

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On November 14, 2019, the Department of Homeland Security (DHS) published proposed rules in the Federal Register regarding changes to the U.S. Citizenship and Immigration Services (USCIS) fee schedule and changes to certain other immigration benefit request requirements. This FAQ answers some common questions about the proposed changes.

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CLINIC submits the comments in connection with the DOS Notice of Information Collection published in the Federal Register strongly and opposes the proposed form for the reasons set forth, requests that it be withdrawn.  

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The Catholic Legal Immigration Network, Inc., in conjunction with the United States Conference of Catholic Bishops Migration and Refugee Services and Catholic Charities USA, have submitted a comment in opposition to the Department of Homeland Security's notice of proposed rulemaking titled, "U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements," published on Nov. 14, 2019, and supplemented on Dec. 9, 2019.

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CLINIC submitted comments in response to proposed revisions to Forms EOIR-31 and EOIR-31A, the forms used to apply for Recognition and Accreditation for non-attorney representatives working for nonprofit organizations.

 

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CLINIC submits the comments related to the USCIS proposed changes to Forms I-864, I-864A, and I-864EZ and the respective Instructions to Form I-864 and I-864EZ.  

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USCIS’ Acting Director Kenneth Cuccinelli responded to over 150 advocates’ request that the agency provide a 60-day comment period for the public to respond to USCIS’ proposal to change its fee schedule. Acting Director Cuccinelli stated that USCIS will only provide a 30-day comment period to respond to its 300+ page proposal.

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This template letter to an employer explains the Nov. 4, 2019, Federal Register Notice, or FRN, automatically extending TPS and work authorization for TPS holders from El Salvador, Honduras, Nepal, Nicaragua, Sudan and Haiti.

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This toolkit contains sample social media and talking points to help organizations and individuals raise awareness of the USCIS proposed fee schedule and to put out press statements and op-eds. The toolkit also features click-to-comment links for individuals to submit public comments. The toolkit contains secular values-based messaging as well as messaging for Catholic and interfaith voices.

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CLINIC has prepared a template comment in opposition to the proposed rule addressing the changes that would most significantly burden programs serving low-income immigrants, including significant fees increase for naturalization and family-based green cards, the elimination of full and partial fee waivers, the increase in fees for DACA renewal applications, and the new fee for affirmative asylum.

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CLINIC submitted comments in response and oppostion to the State Department’s Interim Final Rule, or IFR, titled “Visas: Ineligibility Based on Public Charge Grounds,” DOS-2019-0035; RIN: 1400-AE87. The State Department issued the IFR on Oct. 15, 2019, with the purported reason of aligning DOS’s public charge standards with those of the Department of Homeland Security. The rule went into effect on Oct. 15. However, the State Department has indicated that it will not implement the IFR until the related forms are approved by the Office of Management and Budget.

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Use this flyer for outreach in your community to raise awareness of USCIS' proposed fee schedule changes that would drastically increase fees for commonly sought immigration benefits such as naturalization, green cards, Deferred Action for Childhood Arrivals, or DACA, and impose a new fee for affirmative asylum. The proposed changes would also end a longstanding program that facilitates access to certain immigration benefits for qualifying people while also proposing to transfer over $200 million to Immigration and Customs Enforcement, or ICE.

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As a stakeholder with special expertise on Special Immigrant Juvenile Status, CLINIC submitted comments in response to the Department of Homeland Security’s reopening of the public comment period for the 2011 proposed Special Immigrant Juvenile Petition rule.

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On Nov. 12, 2019, Catholic Legal Immigration Network, Inc., with over 150 organizations, agencies and local governments, delivered a letter to U.S. Citizenship and Immigration Services Acting Director Kenneth Cuccinelli and Office of Information and Regulatory Affairs Acting Administrator Paul Ray, urgently requesting a 60-day comment period for the public to respond to USCIS’ proposal to change its fee schedule.

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CLINIC along with more than 40 other advocacy organizations submitted a joint public comment on Nov. 4 opposing the requirement to disclose social media identifiers for certain people seeking to be admitted to the United States. The comment raises concerns that the rule would undermine the right to free speech, invade privacy, and conflict with civil and political rights.

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CLINIC submitted comments in response to the Department of Homeland Security’s (DHS) proposed regulation entitled “Removal of 30-Day Processing Provision for Asylum Seekers’ Initial  Employment Authorization Document Applications,” DHS Docket No. USCIS-2018-0001, RIN 1615-AC19. In this proposed regulation, which was posted on Sept. 9, 2019, DHS seeks to eliminate the rule, which requires it to process initial employment authorization documents (EADs) for asylum applicants within 30 days.

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CLINIC submitted comments in response to the State Department’s proposed Information Collection entitled “Immigrant Health Insurance Coverage,” which was posted on Oct. 30, 2019, in connection with the Presidential Proclamation requiring certain immigrants to have health insurance coverage. The State Department requested emergency review of a form to implement the proclamation.

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The Office of the Citizenship and Immigration Services Ombudsman is required by law to issue an annual report to Congress about U.S. Citizenship and Immigration Services, or USCIS, problems they have addressed throughout the year. The following is CLINIC’s summary of the Ombudsman’s 2019 Annual Report to Congress.

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The Catholic Legal Immigration Network, Inc., Catholic Charities USA, Catholic Relief Services, and the U.S. Conference of Catholic Bishops’ Committee on Migration joined in requesting DHS extend life-saving protections for Bahamians who seek safety in the United States in the aftermath of Hurricane Dorian. Specifically, the organizations request DHS designate Temporary Protected Status for the Bahamas and consider using other humanitarian protections, including prosecutorial discretion and humanitarian parole, for hurricane evacuees.   

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On Oct. 18, 2019, CLINIC submitted a public comment opposing the interim rule reorganizing EOIR. CLINIC’s opposition is based on the rule’s formal establishment of the Office of Policy, relocation of the Office of Legal Access Programs under the Office of Policy, and authorization for the EOIR director to issue appellate decisions in certain cases.

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CLINIC along with 29 other members of the Naturalization Working Group submitted a joint public comment on Oct. 7 opposing changes to Form-648 and instructions, which will put up new barriers for naturalization for applicants with disabilities.

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The Catholic Legal Immigration Network, Inc., the American Immigration Lawyers Association, Boundless Immigration, the Center for Law and Social Policy, the Immigrant Legal Resource Center, and the National Immigration Law Center joined in requesting the Department of Homeland Security and U.S. Citizenship and Immigration Services delay the implementation of the Public Charge Rule. As of the date of this letter, USCIS has failed to publish forms and instructions regarding the implementation of the new rule. 

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CLINIC has developed a template to help you draft a public comment in response to the Interim Rule reorganization the Executive Office of Immigration Review, or EOIR, which went into effect Aug. 26, 2019. The rule has profound consequences both on our system of laws and on people ⁠— people like your clients who depend on the Recognition & Accreditation, or R&A, program in order to access high-quality legal assistance. The rule will also allow political forces to shape immigration law and will guarantee worse outcomes for those navigating our immigration system.

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Over 100 organizations called upon the DHS secretary to designate the Bahamas for TPS in light of the destruction and devastation caused by Hurricane Dorian in September of 2019.

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This backgrounder provides an overview of the Department of Justice interim rule published Aug. 26 that reorganizes the Executive Office for Immigration Review. The backgrounder explains how the rule works, the impact on our system of laws and the impact on human lives.

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On Sept. 11, CLINIC submitted a statement for the record for the House Oversight Committee’s hearing, “The Administration’s Apparent Revocation of Medical Deferred Action for Critically Ill Children," examining the impact of the Trump Administration’s decision to end consideration of non-military deferred action requests, including for children with critical illnesses.

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CLINIC submitted comments about proposed changes to Form N-648 Medical Certification for Disability Exceptions on June 24, 2019, opposing the additional burdens the revised version of the form would place on the applicant and the certifying doctor.

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The Justice Department’s Executive Office for Immigration Review, or EOIR, issued an Interim Rule that changes its internal organization, the delegation of authority to adjudicate cases and appeals, and official position titles at the Board of Immigration Appeals, or BIA. The rule was issued on and goes into effect Aug. 26, 2019.

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On Aug. 15, 260 faith organizations and leaders from across traditions submitted a joint public comment opposing an interim final rule that denies access to asylum to people who have passed through any other country before arriving at the southern border, requiring them to have applied for asylum in at least one country they passed through in order to ask for safety in the United States.

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CLINIC has submitted comments in response to the U.S. Citizenship and Immigration Services’ proposed changes to Form I-751, Petition to Remove Conditions on Residence.

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On  July 11, 2019, CLINIC delivered a letter signed by 200 faith leaders and faith-based organizations from across traditions urging the administration to grant an 18-month extension and to redesignate TPS for Syria, warranted under the law due to ongoing armed conflict and humanitarian emergency in the country.

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This report describes the acute need for the administration to extend for 18 months and redesignate Temporary Protected Status, or TPS, for Syria. Ongoing armed conflict as well as extraordinary and temporary conditions continue to make the safe return of Syrian nationals impossible. While the war in Syria transformed in 2018 and 2019, with the Assad regime regaining ground from the Islamic State and rebels in much of the country, profound civilian suffering, destruction and loss of life persists.

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The Catholic Legal Immigration Network, Inc., Catholic Charities USA, the Catholic Health Association of the United States, and the USCCB’s Migration and Refugee Services joined in opposition to a Department of Housing and Urban Development’s proposal that would prevent mixed-status immigrant families from accessing certain federal public housing programs, threatening their family unity and well-being.

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This backgrounder explains the Department of Housing and Urban Development’s proposed rule that would place tens of thousands of immigrant families at risk of homelessness, jeopardizing their family and housing stability. Comments to the Notice of Public Rulemaking are due July 9, 2019.

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CLINIC submitted a comment in response to U.S. Citizenship and Immigration Services’ proposed changes to Form N-90, Application to Replace Permanent Resident Card. CLINIC’s comment focuses on the removal of information about accommodations for those with disabilities, and the inclusion of new questions related to the applicant’s foreign travel and residences and employment abroad.

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CLINIC joined 30 human rights organizations in calling on Attorney General Barr and Acting Homeland Security Secretary McAleenan to refrain from adopting proposed regulations set forth in an April 2019 White House Memorandum.

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CLINIC submitted a comment in response to U.S. Citizenship and Immigration Services’ changes to its Policy Manual at Vol. 1. (General Policies and Procedures).

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CLINIC submitted a comment in response to U.S. Citizenship and Immigration Services’ proposed changes to Form N-336, Request for a Hearing  on a Decision for Naturalization. CLINIC’s comment focuses on the disparate impact the proposed changes may have on applicants with disabilities and requests that USCIS restore the sections of the form and instructions assisting applicants to understand how to apply for accommodations per USCIS policy and the Rehabilitation Act.

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On May 3, CLINIC submitted a public comment opposing USCIS’ proposed changes to fee waivers, including elimination of the means-tested benefit criterion. In the comment, CLINIC describes how the proposed changes will add burden and inefficiency at all levels, including on individuals, legal service providers, and on USCIS itself.

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CLINIC submitted comments addressing a series of questions posed by the Executive Office for Immigration Review (immigration court) in response to the NWIRP v. Sessions litigation. CLINIC's comments focus on the need for expanding access to counsel and suggest that allowing limited appearances may help noncitizens who would otherwise have no counsel. CLINIC will continue to track this issue and submit further comments once the government issues a proposed rule.

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Despite public outcry and legal challenges, DHS has persisted in the expansion and implementation of its immoral, life-threatening practice of forcing certain asylum seekers to remain in Mexico while their case is processed. CLINIC renewed its February 2019 interfaith letter opposing this policy in response to requests by faith leaders and organizations, and over 650 faith-based organizations and leaders signed on requesting the termination of the Remain in Mexico policy.

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The administration continues its attacks on vulnerable asylum seekers arriving at our southern border. It's latest plan, the Remain in Mexico Policy, requires asylum seekers to wait in Mexico while their asylum cases are pending in the U.S. immigration courts. This policy exposes asylum seekers to great risk of harm, curtails their access to counsel, and does not present a solution to the root causes of Central American migration flows.

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CLINIC submitted a comment in opposition to the proposed U.S. Citizenship and Immigration Services Tip Form, which would collect reports of alleged fraud from the general public without requiring submitters to identify themselves for proper vetting of their claims, or providing sufficient privacy protections for domestic violence or crime victims. CLINIC requested that the proposed form be withdrawn due to the foreseeable negative impacts on immigrant communities without improvement in the ability to combat fraud.

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The Executive Office for Immigration Review, or EOIR, published an Advance Notice of Proposed Rulemaking, or ANPRM, on March 27, 2019. The ANPRM seeks public comments about the possibility of changing regulations to allow limited appearances by representatives in immigration court, and whether representatives should be able to help unrepresented immigrants prepare pro se motions and applications.

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Use this model comment to help you respond to the proposed USCIS Tip Form, which would collect reports of alleged immigration benefits fraud. Comments are due April 16, 2019. This model comment is an adjusted version of another model comment that CLINIC contributed to available on the ILRC website.

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More than 500 faith leaders and organizations called on the Department of Homeland Security to end its policy of requiring some asylum seekers to wait in Mexico while their cases proceed.

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The USCIS Ombudsman’s office hosted a stakeholder teleconference on February 14, 2019 about recent changes in how applicants and legal representatives can access case information, inquire about pending cases and make an appointment with a USCIS field office.

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CLINIC joined its partners in the Dilley Pro Bono Project on Feb. 6, 2019, to submit a collection of data and information to DHS demonstrating the harmful effects of the MPP program.

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USCIS is changing the way in which representatives and customers access case status information and escalate case issues at its field offices and service centers. We need your feedback on these changes and how they are affecting your clients and practice.

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CLINIC submitted a comment in response to the U.S. Citizenship and Immigration Services' policy guidance changing filing procedures and adjudications for the N-648 Medical Certification for Disability Exceptions. CLINIC requested that the revised policy guidance be withdrawn, as it would create undue burdens for disabled applicants, and would introduce suspicion of fraud based on factors that could easily be present in legitimate applications.

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On Jan. 16, 2019, CLINIC submitted its comment to USCIS on proposed changes to the N-400 form and instructions. CLINIC’s comment focuses on ensuring that the naturalization process is accessible and efficient, reducing the burden on the applicant, practitioners and USCIS. In its comment, CLINIC drew particular attention to the redaction of language regarding accommodations for individuals with disabilities and/or impairments and urged USCIS to restore the prior language and information.

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On Jan. 8, 2019, CLINIC joined 150 nonprofit organizations to submit a joint public comment opposing the interim final rule restricting asylum for some migrants at the border. This rule has the objective of restricting asylum protections for individuals seeking entry to the United States at places other than official ports of entry. The comment calls on the agency to withdraw the rule due to it being a violation of U.S. and international law as well as going against our moral values.

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The Catholic Legal and Immigration Network and its affiliate agencies are among the more than 210,000 organizations and individuals that submitted comments in response to the Department of Homeland Security’s Notice of Public Rule Making (NPRM) entitled “Inadmissibility on Public Charge Grounds.” The NPRM, which was widely criticized for public policy reasons, would drastically alter the public charge ground of inadmissibility for both immigrant and nonimmigrant visa applicants, and affect Lawful Permanent Residents returning from extended trips abroad.

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CLINIC is among the more than 210,000 organizations and individuals that submitted comments in response to the Department of Homeland Security’s Notice of Public Rule Making (NPRM) entitled “Inadmissibility on Public Charge Grounds.” CLINIC opposes the NPRM, which would drastically change the definition and scope of the public charge ground of inadmissibility.

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CLINIC joined more than 100 organizations in asking the Department of Health and Human Services to stop sharing information about juvenile immigrants’ sponsors with the Department of Homeland Security. The details are being used to deport sponsors, which the letter says violates the law and causes families to be too frightened to step forward to reconnect with their children.

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CLINIC is among hundreds of organizations and individuals that submitted comments in response to the U.S. Citizenship and Immigration Services’ proposed revision entitled “Agency Information Collection Activities; Form I-912; Request for Individual Fee Waiver.” CLINIC opposes the proposed revision, which would eliminate the receipt of a means-tested benefit from the eligibility criteria for a USCIS fee waiver, setting up a de facto wealth test to access the American dream.

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CLINIC has developed guidance to help you draft a public comment in response to the administration’s proposal to eliminate the receipt of a means-tested benefit from the eligibility criteria for USCIS fee waivers. 

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CLINIC opposes the NPRM which would eviscerate the protections currently in place under the Flores Settlement Agreement.

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Review these instructions to see a visual how-to guide for submitting a public comment on regulations.gov.

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USCIS announced on Oct. 25 its plans to eliminate means-tested benefit as a criterion to apply for a filing fee waiver by issuing a new Form I-912 that went into effect on Dec. 2, 2019. However, on Dec. 9, 2019, a judge in the Northern District of California issued a preliminary injunction, halting USCIS’ implementation of these plans.

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This guide provides an overview of the federal rulemaking process and information about how you can participate. Engaging in administrative advocacy ensures that we are using all avenues to fight for immigrants and will more effectively amplify our collective voice.

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Maintain detention system standards, letter urges CLINIC joined more than 250 organizations in urging Homeland Security Secretary John Kelly to abandon plans to expand immigration detention. The organizations also called on Kelly to strengthen rather than loosen standards and monitoring of the detention system that endangers the lives and due process rights of asylum seekers and immigrants.