The district judge finds that Cuccinelli has been appointed USCIS director for violations Us Immigration

  • A federal district judge ruled that Ken Cuccinelli’s appointment as director of USCIS violated federal law and voided two guidelines for an accelerated removal process implemented by Cuccinelli. The court order applies only to the five individual plaintiffs in this lawsuit.
  • The court did not interfere with a third unwritten directive that ended the personal legal orientation for foreigners in an accelerated deportation procedure.
  • Cuccinelli has stated that the invalidated guidelines will be reissued and that the administration will appeal the court’s order.

In March 1st, 2020, Memorandum opinion and orderJudge Randolph D. Moss, of the District of Columbia District Court, ruled that Ken Cuccinelli’s appointment as Acting Director of the United States Citizenship and Immigration Service (USCIS) violated the rules Federal law on job vacancy reform of 1998 (FVRA). Accordingly, he was of the opinion that two asylum guidelines that were issued when Cuccinelli worked in this position and that related to the accelerated deportation procedure were invalid and should be repealed. While the Department of Justice is reported to appeal this order, the full impact is unclear.

Continue as background June 10, 2019Kevin McAleenan, Acting Secretary of the then Department of Homeland Security (DHS), announced that Cuccinelli after the Departure of former USCIS director Francis Cissna, Then continue November 13, 2019Cuccinelli has been appointed deputy secretary of the DHS. The Washington Post However, on December 13, 2019, reported that Cuccinelli had also returned as incumbent head of USCIS.

How Judge Moss explained:

On July 2, 2019, Cuccinelli sent the Acting Minister of Internal Security a memorandum informing him that “USCIS effective July 8, 2019” [1] reduces credible fear … consultation time to a full calendar day from the date of arrival at the detention center … and [2] will reject requests for renewal as this will unduly delay the process, except in the most exceptional circumstances. “

On July 8, 2019, USCIS updated its “Manual of Credible Fear Procedures Manual” to reflect the policy changes announced in the memorandum. … The updated manual states that it is now the policy of the “Asylum Program” to allow at least a full calendar day between the arrival of a foreigner at a place of detention or receipt of the first M-444 (whichever is later) ) and all credible[-]Fear interview. “… it goes on to say that”[i]f USCIS is ready to continue the interview after the consultation phase. Asylum offices usually reject requests to extend the consultation phase … except in exceptional circumstances. “… Finally, the updated manual indicates that”[e]Exceptional circumstances may include serious illness or mental or physical disability of the foreigner, a member of the foreigner’s immediate family, or the foreigner’s adviser, and facility issues that prevent the foreigner from contacting an adviser. “

As the regulation An officer who transfers a foreigner for a credible fear interview must provide that foreigner with Form M-444 “Information About the Credible Fear Interview”, which explains the credible fear process and the foreigner’s rights process and process Consequences of the alien’s failure to establish credible fear.

The dish describes the first directive as a “directive to shorten the consultation period” and the second as a “ban on the extension ban”.

A third change that Cuccinelli reportedly implemented was the removal of an “oral, personal legal orientation that allowed asylum seekers to ask questions about their legal rights” (Personal Orientation Policy), although this change has not been implemented in any written Policy Memorandum.

Judge Moss was of the opinion that the guidelines “shortening the consultation times” and “prohibiting the extension” “have no power or effect” and “must be revoked” because Cuccinelli’s appointment violates the FVRA and “must be revoked” because it the statutory provisions exceed authority. Because the court is only responsible for “written guidelines”[s], written policy[s]or written procedure[s]”related to the accelerated distance by lawHowever, the court refused to challenge the plaintiffs’ personal guidance policy.

Judge Moss has not followed the two previous directives, but has repealed the five individual applicants who were subject to their removal orders. He said he was “not convinced” that “he should extend this relief to other asylum seekers who were processed in accordance with the deficient guidelines” because these foreigners were not involved in the case, and class action lawsuits related to the implementation of the provisions accelerated deportation blocked by law,

However, what is unclear is the effect of that this decision will refer to other migrants who were subject to the two guidelines, or to Cuccinelli’s current status as head of USCIS (he is still on the senior official performing the duties of the director) Agency website).

Cuccinelli However, on March 2, 2020, stated that the administration would appeal against Judge Moss’s decision and that “his previous orders with USCIS were” effectively reissued and validated “to ensure their authority after the court’s decision.”

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