State of Texas et al v. United States of America et al

Filing 64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew)

EXHIBIT 2

App. 0047

U.S. Department of Justice
Immigration and Naturalization Service

HQADN 70/6.2
______________________________________________________________________________________________________________________
Office of the Executive Associate Commissioner

4257 Street NW
Washington, DC 20536

MAY

...

8

2002

MEMORANDUM FOR JOHNNY N. WILLIAMS
EXECUTIVE ASSOCIATE COMMISSIONER
OFFICE OF FIELD OPERATIONS

FROM:

Stuart Anderson /S/
Executive Associate Commissioner
Office of Policy and Planning

SUBJECT:

~

Deferred Action for Aliens with bona fide Applications for
T Nonimmigrant Status

This memorandum outlines changes in Immigration and Naturalization Service (INS)
procedures for deferred action determinations on behalf of victims of severe forms of trafficking
whose applications for T nonimmigrant status have been determined to be bona fide but are still
awaiting final adjudication by the Vermont Service Center (VSC). It should be read as a
supplement to guidance by the Office of Programs on December 19, 2000, and
September 7, 2001, and to a memorandum dated August 30,2001, that instructed INS offices to
utilize deferred action as one means to provide possible victims the opportunity to avail
themselves of the provisions of the Victims of Trafficking and Violence Protection Act of 2000,
including applying for T or U nonimmigrant status.1
Effective the date of this memorandum, the VSC is responsible for assessing deferred action
for all applicants whose applications have been determined to be bona fide. The duration of the
initial deferred action assessment shall be at the discretion of the Service Center Director but
shall not exceed 12 months. The initial assessment may be for less than 12 months if the director
determines an application would be adjudicated within that time. Deferred action will not be
considered or assessed for a T nonimmigrant status applicant if he or she is currently in
_________________________________

1 This memorandum does not, however, after the guidance outlined in those memoranda regarding the interim
procedures to be followed while the regulations implementing the U nonimmigrant status are being promulgated.
Aliens who are identified as possibly eligible for U nonimmigrant status should not be removed from the United
States until they have had the opportunity to apply for such status. Existing authority and mechanisms such as
parole, deferred action, and stays of removal should be used to achieve this objective.

App. 0048

Memorandum for Johnny N. Williams
Subject: Deferred Action for Aliens with Bona Fide Applications
for T Nonimmigrant Status

removal proceedings unless the case has been administratively closed by the Immigration Judge
or the Board of Immigration Appeals. For purposes of this memorandum, removal proceedings
are defined as the period between the filing of the Notice to Appear with the Immigration Judge
and the issuance of the final decision.
If a deferred action determination is made, the VSC will notify the alien to submit Form I-765,
Application for Employment Authorization. Applications for employment authorization based on
an assessment of deferred action at the VSC must be filed with the VSC. After the initial
deferred action decision and issuance of a one-year Employment Authorization Document, the
VSC will hold those files and review each subsequent request for employment authorization and
deferred action upon receipt of each application. Requests for extensions of employment
authorization and deferred action will be reviewed and granted in increments of twelve months.
Field Offices (and other Service Centers) may continue to receive inquiries from T applicants
regarding determination of deferred action. These may be initial requests or requests for an
extension of deferred action. These requests should be mailed to: USINS- Vermont Service
Center, ATTN: Keith Canney, Box 1000, 75 Lower Weldon St., St. Albans, VT 05479-0001.
If you have any questions regarding this memorandum or other T nonimmigrant status issues,
please contact Laura Dawkins, Office of Adjudications at [phone].

App. 0049