Immigration Bulletin

Immigrant and refugee affairs

Para asistencia 612-673-2700, Yog xav tau kev pab, hu 612-673-2800, Hadii aad Caawimaad u baahantahay 612-673-3500.

July 6, 2020

    Immigration Developments

    Federal Judge Rules that 3rd Country bar on asylum applications unlawful

    On June 30, a Federal District Court Judge ruled that a  federal regulation barring asylum eligibility for people who had traveled through a third country and had not applied for asylum in that country before entering the US was unlawful and violated the Administrative Procedures Act. The ruling, which has implications for asylum applicants across the nation, takes effect immediately. City of Minneapolis immigration legal service partner Advocates for Human Rights helps people apply for asylum and can assist individuals who may be positively impacted by this decision.

    Asylum procedures threatened by new proposed and final rules

    The Department of Homeland Security has issued a number federal rules, both proposed and final that impact asylum seekers.  These rules include a proposed rule with a comment period ending 07/15/2020 that would change court proceedings for asylum applicants who pass a credible fear interview, a rule which is set to take effect on August 21 to eliminate the requirement that first work authorization applications for asylum applicants be processed within 30 days, and a rule with an effective date of August 25 imposing a variety of restrictions on the ability of asylum applicants to obtain work authorization. These rules are worth reading in their entirety given their significant impact on some of the most vulnerable applicants for immigration status, individuals applying for asylum in the United States.   

    US Supreme Court confirms no federal court review for expedited removal

    The US Supreme Court has issued a decision confirming that a provision in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) preventing federal court review in expedited removal proceedings does not violate the US Constitution. The person at the heart of this decision was detained shortly after entering the US without a visa. He applied for asylum in expedited removal proceedings but his application was denied by an asylum officer. That denial was affirmed by an immigration judge. The applicant attempted to obtain further review by filing a habeas petition in federal court and the issue that wound its way up to the Supreme Court was whether IIRIRA's provision preventing federal court review violates the Suspension Clause or the Due Process clause of the US Constitution. The Court concluded that it does not.

    Presidential Proclamation prevents some visa applicants from coming to the US for remainder of 2020 

    President Trump, on June 22, issued a Proclamation that prevents nonimmigrant visa applicants in the H-1B, H-2B, L-1 and J-1 employment based categories from entering the United States with a justification of protecting the United States labor market. The proclamation also extends an April 2020 proclamation suspending certain immigrant visa applicants from obtaining visas. Exemptions from this suspension may be granted at the sole discretion of the consular officer in the following circumstances: if the applicant's work is critical to the U.S. involves: the provision of medical care to people who have COVID-19 and are hospitalized, the provision of medical research to help the US combat COVID-19, or work necessary for the economic recovery of the United States.  This Proclamation was amended further by an additional proclamation issued on June 29.  An analysis of the decision and list of frequently asked questions have been prepared by trusted legal service partner Immigrant Law Center of Minnesota, which can be reached at 651-641-1011. 

    US Supreme Court issues decision paves the way for new DACA applications

    On June 18, the United States Supreme Court issued a decision saying that the way the US government ended the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act. This decision paves the way for new DACA applications to be accepted. Please know that the DACA program is still at risk: in its decision, the Supreme Court did say that the federal government has the power to end the program, but the way the program was ended was unlawful  A more permanent solution beneficial to DACA beneficiaries, or "Dreamers" rests with the US Congress and many are advocating for the US Senate to take up H.R.6, the American Dream and Promise Act, to create a pathway for citizenship for Dreamers. People who may benefit from this decision should work quickly to obtain legal information and advice.  A Facebook Live session hosted by Immigrant Law Center of Minnesota is available in English and Spanish.  Please visit the Immigration Legal Services tab on the Office of Immigrant and Refugee Affairs webpage for information on legal service providers who can provide competent legal advice on this decision.  

    City of Minneapolis Updates

    Public Comments for the Proposed Charter Amendment - Public Safety

    Members of the public who are interested in commenting on the proposed charter amendment establishing a new Department of Community Safety and Violence Prevention and removing the Police Department as a charter department can submit comments online.

    Under state law, the Charter Commission has at least 60 days to complete its review and submit its recommendation to the City Council.

    The statutory deadline for submitting questions on the general election ballot is Friday, Aug. 21. This issue will be on November 3's ballot and if approved by voters, the changes would become effective May 1, 2021.

    Public hearings scheduled for July on revised 2020 budget

    The City Council’s Budget Committee will hold two public hearings in July on proposed revisions to the City’s 2020 budget.

    The City faces a significant revenue shortfall as a result of the COVID-19 pandemic and needs to make cuts to the City’s roughly $1.5 billion budget. Mayor Jacob Frey will brief the City Council’s Budget Committee on a revised 2020 budget July 9 and staff will present the revised budget to City Council July 10.

    The public can then engage and share their voices in this process during two online public hearings:

    • 6:05 p.m. Tuesday, July 14
    • 10 a.m. Wednesday, July 22

    You can watch or participate in the online meetings.

    The City Council is scheduled to vote July 24 on a revised 2020 budget. For more information about the City’s budget, visit the City's website.

    Community Resources and Grant Opportunities

    MDE Announces Food Access Grant Opportunity

    The Minnesota Department of Education (MDE) will award $9.5 million in grant funds to organizations providing meals to children, families, and adults experiencing increased food insecurity as a result of COVID-19. The state received the funding through the Coronavirus Aid, Relief and Economic Security (CARES) Act Coronavirus Relief Fund (CRF). Minnesota nonprofits (including faith-based organizations), educational institutions (e.g., early care, K-12 school districts, higher education), tribal nations, and local governmental units are eligible and encouraged to apply for the grants.

    More information is available at the Expanding Meal Access grant page on the MDE website. Completed applications are due no later than July 20. Please contact Jackie Stiehl at for further information.

    About the Office of Immigrant and Refugee Affairs

    The Office of Immigrant and Refugee Affairs (OIRA) is an office in the Neighborhood and Community Relations Department. For more information, please visit, email, or call 612-394-6018.

    For reasonable accommodations or alternative formats please contact:

     Michelle Rivero, OIRA Director

    Department of Neighborhood and Community Relations or 612-394-6018

    Visit our webpage at:

    People who are deaf or hard of hearing can use a relay service to call 311 at 612-673-3000. TTY users can call 612-263-6850.

    Para asistencia 612-673-2700, Yog xav tau kev pab, hu 612-673-2800, Hadii aad Caawimaad u baahantahay 612-673-3500.