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Want to keep up with immigration news in the U.S.? Every month, Global Cleveland publishes our immigration update so that you can stay informed about the latest immigration news.

This month’s Immigration Update at a glance:

Texas allows law enforcement to arrest those who cross the border outside of official ports of entry and begins sending asylum seekers to Chicago via airplane.

The immigration court backlog has reached three million cases, having increased by one million cases in 2023.

A pilot program to allow for H1-B visa renewals to be processed in the U.S. will begin at the end of January 2024.

• Texas’ Governor, Greg Abbott, signed a series of bills that would toughen the states laws on border enforcement
• The first bill would make unauthorized crossings of the US-Mexico border into Texas a violation of state law, allowing for state law enforcement to arrest those who cross outside of official ports of entry.
• Abbott said the Federal government has in his view failed to act on border security, making it necessary for the state to take action. The bills critics have called it unconstitutional, saying that immigration enforcement is a federal rather than state legal matter.
• Abbott also signed a bill funding money for border barriers.
• Texas has long been at the center of migration, with the city of Eagle Pass being a particularly common place for migrants from Central and South America (and beyond) to cross the border into the US

Source: Texas Tribune

• With Congress at a budgetary impasse, there has been discussion of a deal in which aid for Ukraine, Taiwan, and Israel will be passed in exchange for border restrictions and a curbing of the President’s parole powers.
• A negotiating group formed in the senate, including Senators James Lankford (Republican of Oklahoma), Krysten Sinema (Democrat Caucusing Independent of Arizona), and Chris Murphy (Democrat of Connecticut).
• Congress broke before Christmas without a deal, but Lankford said that they would work on the bill in January.

Source: AP News 

• Chicago’s Board of Alderman – the equivalent of city council – passed legislation allowing local law enforcement and other authorities to impound buses that drop of migrants outside of designated zones and at improper times.
• Officials in the Illinois city say the changes are necessary as bus operators are frequently violating city policy. “If folks are going to so flagrantly disregard the law, we are going to need this stronger enforcement,” said Alderman Daniel La Spata, who supported the legislation
• Reports have emerged of buses instead dropping off asylum seekers in inner-ring suburbs to avoid the new measures
• Chicago’s city law department says buses have violated rules “at least 77 times”

Source: Axios Chicago

• After Chicago’s City Council passed legislation to impose penalties on bus operations who drop off asylum seekers at unapproved locations or without filling out paperwork, Texas’ state government has begun sending migrants to the city on airplanes.
• 120 asylum seekers were transported on a plane from El Paso, Texas, to Chicago, Illinois earlier this month.
• Both the White House and Chicago’s city government criticized the move.

• Passport processing times in the US have reached pre-pandemic levels for the first time since COVID-19 pandemic began globally in March of 2020.
• Boundless Immigration found that in December of this year, routine serbice was down to 6-8 weeks, instead of 7-10.
• They also found that expedited service, which costs more, was now done in 2-3 weeks, rather than 3-5.
• There was increased demand for passport applications from late 2022 until the fall of this year, possibly because of pent-up demand to travel from the COVID-19 pandemic, when international borders were largely closed to non-essential travel.

Source: Boundless

• The US State Department will start a pilot program allowing for H1-B visas renewals to be processed in the United States.
• An estimated 20,000 participants will be eligible for the renewal program starting January 29, 2024.
• H1-Bs haven’t been able to be renewed in the US domestically since 2004.
• The government hopes that the program will boos t the economy by creating a more simple and efficient process for H1-B visa holders to renew their visas.

Source: U.S. Department of State

• A study by the Cato Institute thinktank found that 55% of employment based green cards went to family members of workers.
• 2022 was no outlier, Cato also found the numbers were similar in 2020 and in 2021
• The EB-4 was almost exclusively family members, the other types of EB green cards were generally close to evenly split.
• Over 80% of green cards were adjustments of status, rather than new arrivals.

Source: CATO Institute

• After meeting with Israeli leaders, Secretary of State Antony Blinken informed his counterparts that the US intends to impose bans on entering the United States on Israeli settlers in the West Bank who have committed acts of violence against Palestinian civilians.
• This follows a threat to take action, including by issuing visa bans, by President Joe Biden in an October editorial in the Washington Post.
• Attacks against Palestinian civilians by Israeli settlers have become more common in the West Bank since the October 7^th attack on Israel by Hamas.

Source: The Guardian

• The Lukeville crossing on the US Mexico border closed temporarily after a shift in immigration routes changed the situation at the crossing.
• Lukeville is in a remote location in Pima County, Arizona, and was ill prepared for a large influx, which Customs and Border Protection reported was the fault of smugglers taking advantage of vulnerable migrants.
• Arizona’s two Senators – Mark Kelly and Krysten Sinema, and its Governor Katie Hobbs, criticized the closure in a joint statement.
• As of now, the border crossing has not resumed normal operations.

Source: The Guardian

• A five year old boy, housed temporarily at an Illinois shelter, passed away in December following a medical emergency.
• The boy was taken to a hospital but doctors there were unable to save his life.
• Advocates have criticized conditions in the shelters, which “locked down to outside access.”
• Chicago Police have opened an investigation.

Source: AP News

• Judge Dana M. Sabraw approved a settlement that promises that the US will not separate families of migrants for the next eight years just for crossing the border.
• Biden administration officials have said they have no plans to resume family separations, but ex-President, and current candidate Donald Trump has promised to revive the separations if he returns to the White House.
• Those affected by the family separation policy are able for aid, including mental health resources, work permits, humanitarian protection, and housing assistance.

Source: NPR

• Syracuse University reports that there are now 3 million immigration cases pending.
• The court system has been tested by an increase of asylum claims in the US.
• Those with cases pending now comprise a population comparable to that of Chicago, Illinois, America’s third largest city.
• The backlog increased by 1 million in 2023.
• One contributing factor has been the rule changes that have come from attorney generals, as Loretta Lynch, Jeff Sessions, William Barr, and Merrick Garland – attorney generals of the US since 2016, have issued rule changes that have led to cases being reheard (this is from the Charlotte article, but it fits more in this, and both articles refer to the same study).

Source: USA Today

• Around half of people going through immigration court in New York lack at attorney, according to a Syracuse University report.
• New York state immigration cases have increased every year since 2012.
• The proportion of cases where the people involved had attorneys have declined since the start of the COVID-19 pandemic; before 2019 about 4/5ths of immigration cases in New York had legal representation.
• New York has long led in providing legal representation to immigrants, but is now behind Virginia and California.

Source: Gothamist

• The immigration case backlog in Charlotte is particularly severe according to a Syracuse University study.
• Charlotte’s courts serve the entire states of North Carolina, but has only five judges to handle cases, and of these only three hold court in person.
• North Carolina Professor Rick Su told the Charlotte Observer that either hiring more immigration judges or tightening asylum laws could help alleviate the situation.

Source: Aol

In this October 2023 immigration policy update we will delve into the most recent updates in immigration-related matters, covering legislative, executive, and judicial aspects.

President Biden’s White House budget proposal sought $14 billion – up from $10 billion in August – for immigration related policy. The proposal would increase funding for Customs and Border Protection, adding additional officers and funding aimed at combatting fentanyl importation. The request also contains emergency funding for Immigration and Customs Enforcement, as well as calls for more western hemisphere cooperation to screen potential migrants, using Safe Mobility Offices in Colombia, Guatemala, Costa Rica, and Ecuador. Finally, it aims to speed up asylum and workforce permit processing, as well as increasing the capacity of immigration courts

Source: Immigration Impact

Texas lawmakers moved forward an immigration and border security bill that has aroused significant controversy since it was introduced. One bill, SB-4, would crack down on human smuggling with a 5-10 year prison sentence. The bill did have some cross party support in the Texas Senate.

A second proposed law, SB-11, would make it a state crime to enter Texas from Mexico from any point that was  not an authorized point of entry. Senator Juan Hinojosa, who supports SB-4, criticized SB-11, saying it was not a real solution and would simply swell county jails.Armando Walle, another critic, opposed the bill because it gives too much discretion to police, especially those who are not trained to enforce immigration laws.

Source: Houston Public Media

After a long process, where previous speaker nominees Steve Scalise, Jim Jordan, and Tom Emmer were unable to get enough votes secure a majority, little-known Louisiana Rep. Mike Johnson was elected as the new Speaker of the House. Johnson has introduced legislation to raise the bar on the requirement of asylum seekers.

Source: Politico

A USCIS article looked at the unintended consequences of the US Congress’ budget debate for Ukrainians fleeing the Russian invasion of Ukraine. Right now, Ukrainians arriving after September 30th are unable to access welfare benefits or resettlement services.

Read the Report: https://sway.office.com/G2sJzODXxs6iY3Cs?ref=email

The US Government settled with 4,000 migrants separated from their families under the presidency of Donald Trump. The settlement allows them to live and work in the US for three years, during which time they can receive housing, mental health assistance, and legal assistance to apply for asylum. The resulting settlement also prohibits the federal government from separating migrant families for the next eight years.

Source: NBC News

The Biden administration unveiled major changes to the H-1B Visa program. These include:

• Multiple entries by employers on behalf of the same employee are no longer permitted
• The “employer-employee relationship” requirement, introduced in 2010, was repealed. It has been considered a major roadblock for entrepreneurs
• Remote job offers are now permitted
• The “Cap-Gap” provision for F-1 visas are extended
• USCIS will increase site visits

Source: USCIS

The US lifted sanctions on Venezuela’s oil industry as part of an understanding that the government, considered a dictatorship by international NGOs, hold competitive elections. The government allowed a competitive primary to be held, which was won by opposition activist Maria Corina Machado, who had previously been barred from politics (and could still be disqualified). Venezuela is a major source of asylum seekers, as the country has been in a severe political and economic crisis for more than a decade.

The Department of Homeland Security unveiled a new family reunification parole process for which some Ecuadorian immigrants will be eligible for. Eligible will be Ecuadorian nationals who have “family members are U.S. citizens or lawful permanent residents and who have received approval to join their family in the United States. Specifically, Ecuadorian nationals and their immediate family members can be considered for parole on a case-by-case basis for a period of up to three years while they wait to apply to become a lawful permanent resident.” A federal register notice will be published soon, providing greater detail on the change.

Source: DHS

The US government resumed deportation flights to Venezuela for the first time in years. A total of 130 Venezuelans were flown back to Caracas, Venezuela’s capitol, by Immigration and Customs Enforcement (ICE).

The Biden administration is examining a rule for H-1B Visa renewal that offers options to renew without having to leave the US. US-based renewals, discontinued in 2004, may make the process more convenient for applicants as well as reducing the workload on consular offices overseas.

Source: Bloomberg Law

Research from the American Immigration Council looked at immigrants granted Temporary Protective Status (TPS) and their economic impact. It found that they spent billions in taxes and spending, and contributed to regional economies through home purchases. TPS households had a higher rate of entrepreneurship than the US born workforce (14.5% vs. 9.3%), paid $1.3 billion in federal taxes and $966.5 million in local taxes, and held $8 billion in purchasing power. 94.6% were employed in 2021.

Source: Immigration Impact

Rebecca Gambler, of the Government Accountability Office, testified to congress about the backlog in U.S. Immigration Court. The Executive Office for Immigration Review EOIR was found to have no strategic workforce plan to address the case backlog.

American Immigration Council (AIC) joined the Center for Gender and Refugee Studies to take legal action to compel the government to release information about migrants denied asylum for not obtaining an appointment on the government CBP One app. The app was criticized as “inaccessible to the most vulnerable and marginalized people seeking asylum” by the AIC, and was plagued by glitches.

Source: American Immigration Council

In the ever-evolving landscape of immigration policy and legislation, September 2023 has brought about significant changes and developments. From legislative updates to executive actions and judicial decisions, here’s a detailed look at the key events and their implications.

In a crucial move to keep the government operational, Congress passed and President Biden signed a continuing resolution (CR) at the end of September. This CR ensures funding for the government through November 17th. Notably, the CR did not include increased funding for border security, as a previous CR containing such funding failed to pass. Furthermore, it omitted funding for Ukraine, leaving open the possibility of a separate funding bill.

Source

Senators Dick Durbin (D-Ill.) and Lindsey Graham (R-S.C.) are revisiting the “Gang of Eight” immigration bill, aiming to introduce an updated version. This bill seeks to provide a pathway to citizenship for Dreamers, contingent on measures to improve border security and other reforms. While they acknowledge the challenges of passing the bill in the current Congress, they emphasize the urgency of addressing the national immigration crisis.

Source

Florida’s immigration law passed in July is raising concerns about its potential impact on hurricane recovery efforts. The law includes provisions requiring hospitals to inquire about immigration status, mandatory E-Verify for certain employers, and harsh penalties for transporting undocumented individuals. As a substantial number of disaster recovery workers are undocumented immigrants, some are reluctant to enter the state, hindering recovery efforts.

Source

Republican Senator Ted Cruz of Texas introduced the Secure the Border Act (HR2) in the Senate, following its passage in the House. The bill proposes various changes to Department of Homeland Security policies, including asylum application processes, E-Verify requirements, border barriers, and more. Despite support from the GOP, it currently lacks bipartisan support in a Senate controlled by Democrats.

Source

Illinois Governor J.B. Pritzker has publicly called upon the White House to address the influx of migrants to Chicago, stressing the strain on resources. Pritzker recommended establishing a dedicated office, waiving fees for TPS applicants, improving logistical coordination, and providing financial support to state and local governments and NGOs. He also emphasized the need for an accelerated timeline for employment authorization for migrants.

Source

The White House has increased outreach efforts to encourage immigrants to apply for work permits. Measures include sending text messages, distributing posters and fliers with QR codes, and issuing grants to local governments. This initiative comes in response to criticism from some of President Biden’s allies regarding the handling of immigration issues.

Source

Canada’s “startup visa” policy has drawn significant interest from immigrants in the US, leading to a surge in applications. In contrast to the US, which lacks a startup visa program, Canada’s policy has successfully attracted skilled entrepreneurs. A study found that this policy increased the likelihood of US-based immigrants establishing startups in Canada by 69%.

Source

The Department of Homeland Security announced an 18-month extension of Temporary Protective Status (TPS) for Venezuelans. This decision comes amid Venezuela’s ongoing refugee crisis and economic collapse. TPS provides temporary protection from removal and employment authorization for eligible individuals in the United States.

Source

Secretary of State Antony Blinken announced measures to stabilize Haiti, which has been plagued by political unrest and gang violence. The US plans to provide $100 million in foreign assistance, sponsor a UN resolution for a multinational security support mission, and offer additional support through the Department of Defense.

Source

In a significant development, Judge Andrew Hanen ruled DACA unconstitutional, echoing a similar decision from 2021. DACA, which provides protection for certain undocumented immigrants who came to the US as children, has been a subject of legal battles. The ruling emphasizes that immigration policy falls within the legislative branch’s purview, not the executive.

Source

In conclusion, September 2023 has seen a flurry of activity in the realm of immigration policy and legislation, with far-reaching implications for individuals and communities across the United States and beyond. The balance between security, humanitarian concerns, and economic interests remains at the forefront of these developments, shaping the future of immigration policy in the nation.