December 2023 Immigration Update
December 2023 Immigration Update
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 Border Bill Becomes Law
- 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
Immigration Issue Could Impact Congressional Compromise
- 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 City Council Announces Measures For Migrant Busses
- 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
Texas Sends Migrants to Chicago on Plane After Chicago Passes Action On Buses
- 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 Back to Pre-2020 Waiting Periods
- 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
H1-B Pilot Program Scheduled to Begin in 2024
- 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
Study Finds that Majority of Employment-Based Green Cards Went to Workers' Families
- 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
Administration Imposes Visa Bans On Certain Israeli Settlers
- 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 7th attack on Israel by Hamas.
Source: The Guardian
Remote Port of Entry Closes Due to Influx
- 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
Passing of Five-Year-Old in Illinois Asylum Seeker Shelter Leads to Criticism
- 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
Settlement with Separated Families Approved by Federal Judge
- 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
Immigration Court Backlog Tops 3 Million Cases
- 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
Increase in Immigrants Going to Court Without Lawyers: New York Report
- 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
Carolinas’ Immigration Backlog Among Nations’ Worst
- 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
Explore Previous Immigration Updates
January 4, 2024
December 2023 Immigration Update
October 31, 2023
October 2023 Immigration Update
October 3, 2023
September 2023 Immigration Update
September 6, 2023
August 2023 Immigration Policy Update
July 31, 2023
July 2023 Immigration Policy Update
June 29, 2023
June 2023 Immigration Update
May 31, 2023
May 2023 Immigration Update
April 30, 2023
April 2023 Immigration Update
March 31, 2023
March 2023 Immigration Update
February 28, 2023
February 2023 Immigration Update
October 2023 Immigration Update
October 2023 Immigration Update
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.
White House Budget Seeks $14 billion for immigration system
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 moves forward immigration legislation
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
Louisiana Rep Mike Johnson Elected Speaker
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
Legislative Situation Means Lack of Federal Support for Ukrainian Refugees
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
Government Settles Family Separation Lawsuit
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
Administration announces changes to H1-B Program
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
Venezuela, US Agree to Hold Presidential Elections in Exchange for Sanctions Relief
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.
DHS Announces new Family Reunification Process for Ecuadorian migrants
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
US Resumes Deportation Flights to Venezuela
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).
Administration looking at H-1B Visa Renewal
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
New Study Spotlights Economic Impact of TPS Holders
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
Government Accountability Office Reports on Case Backlog
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.
Immigrant Rights Groups Sue for more info on Migrant Cases
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
Explore Previous Immigration Updates
January 4, 2024
December 2023 Immigration Update
October 31, 2023
October 2023 Immigration Update
October 3, 2023
September 2023 Immigration Update
September 6, 2023
August 2023 Immigration Policy Update
July 31, 2023
July 2023 Immigration Policy Update
June 29, 2023
June 2023 Immigration Update
May 31, 2023
May 2023 Immigration Update
April 30, 2023
April 2023 Immigration Update
March 31, 2023
March 2023 Immigration Update
February 28, 2023
February 2023 Immigration Update
September 2023 Immigration Update
September 2023 Immigration Update
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.
House Passes Continuing Resolution, Avoiding Shutdown
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.
Senators Durbin and Graham Seek Immigration Deal
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.
Florida Immigration Bill's Impact on Hurricane Recovery
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.
Secure the Border Act Introduced in the Senate
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.
Illinois Governor Calls for Action on Immigration from White House
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.
Administration Encourages Immigrants to Apply for Work Permits
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.
Canadian Visa Policy Attracts Immigrants and International Students from the US
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%.
TPS Status for Venezuelans Extended by DHS
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.
State Department Pledges Aid to Haiti
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.
Federal Judge Finds DACA Unlawful
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.
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.
Explore Previous Immigration Updates
January 4, 2024
December 2023 Immigration Update
October 31, 2023
October 2023 Immigration Update
October 3, 2023
September 2023 Immigration Update
September 6, 2023
August 2023 Immigration Policy Update
July 31, 2023
July 2023 Immigration Policy Update
June 29, 2023
June 2023 Immigration Update
May 31, 2023
May 2023 Immigration Update
April 30, 2023
April 2023 Immigration Update
March 31, 2023
March 2023 Immigration Update
February 28, 2023
February 2023 Immigration Update
August 2023 Immigration Policy Update
August 2023 Immigration Update
In the ever-evolving landscape of immigration, recent developments in the United States have brought significant changes, challenges, and opportunities. From court battles over asylum policies to extensions of Temporary Protected Status (TPS) for Ukrainians, here’s a comprehensive look at the latest immigration news.
TPS Extended for Ukrainians
Amidst the legal battles, a ray of hope shone for Ukrainian nationals residing in the U.S. On August 18th, Homeland Security Secretary Mayorkas extended Temporary Protected Status (TPS) for Ukrainians until April 2025. This extension offered relief to those who had been living in uncertainty. It also included a Special Student Relief Notice, potentially benefiting around 166,000 individuals.
Political Unrest in West Africa Raises Alarms
Beyond U.S. borders, political instability in West Africa is generating humanitarian concerns. The region is witnessing fears of a regional war and a refugee crisis. In late July, a military junta ousted Niger’s elected government, leading to a regional threat from ECOWAS, a group of West African countries, to intervene if constitutional order isn’t restored.
USCIS Reopens its Office in Cuba
For the first time in half a decade, the United States Citizenship and Immigration Services (USCIS) has reestablished its presence in Havana, Cuba. This move is vital as Cuban immigration to the United States has surged in recent years. The new office will conduct interviews, process cases in the Cuban Family Reunification Parole program, handle petitions for refugees and asylum, and provide other immigration services. The reopening of this office holds great importance, especially with the increasing number of Cubans seeking refuge in the United States.
Exploring Immigrant Roots of Top U.S. Companies
Afghan Adjustment Act's Hurdles and Hope
In a display of bipartisan effort, Senators Amy Klobuchar and Lindsey Graham led an initiative to include the Afghan Adjustment Act (AAA) in the National Defense Authorization Act (NDAA). Although the AAA didn’t make it into the NDAA, this endeavor garnered significant bipartisan support, showing progress in its cause. The AAA, which aims to offer Afghan allies in the U.S. a path to permanent legal status, could still pass as standalone legislation when Congress reconvenes. Advocates, like Global Cleveland, have been actively urging Ohio’s representatives to support this crucial bill.
Alabama Takes a Step to Address Doctor Shortages
Alabama, like many states, faced a shortage of physicians. To combat this issue, the Physician Workforce Act went into effect on August 1st. This legislation was designed to bolster the state’s healthcare workforce by allowing international medical graduates to apply for their licenses a year earlier. Furthermore, it introduced an apprenticeship program for graduates who weren’t matched with a residency and eliminated the SPEX exam. The President of the Alabama Medical Association expressed optimism that this law would expand the pool of physicians, improve patient access to care, and ultimately lead the state toward a healthier future.
In a thought-provoking report, the American Immigration Council delved into the immigrant origins of America’s Fortune 500 companies. The findings were astonishing: almost 45% of these corporate giants were founded by immigrants or their children. Some well-known names like Amazon.com, Apple, Google, and JPMorgan Chase have immigrant roots. These immigrant-founded Fortune 500 companies employ millions and contribute trillions to the U.S. economy, highlighting the immense impact of immigrants on American business.
Challenges with Immigration App Lead to Lawsuit
Customs and Border Patrol (CBP) introduced the CBP One app, which asylum seekers are required to use. However, this app has faced severe criticism for being unreliable and glitchy. Asylum applicants claim that issues with the app made it impossible to book appointments, resulting in them being turned away by border security personnel. These individuals had to return to border towns in Mexico, which can be perilous. The app’s stringent requirements, limited language options, and problems with facial recognition have all contributed to these challenges.
Biden Asylum Policy Challenged in Court
The Biden administration’s attempt to tighten asylum policies sparked legal battles. President Biden’s policy aimed to make it more challenging for specific migrants to apply for asylum. However, U.S. District Judge Jon Tigar issued a temporary block, raising concerns over its legality. While the decision was under appeal, the 9th Circuit Court of Appeals allowed the policy to remain in effect for now. The American Civil Liberties Union (ACLU) and the National Immigrant Justice Center are among the organizations leading the legal charge against this policy, advocating for a fair asylum process.
Florida's Immigration Law Faces Legal Scrutiny
A coalition of organizations, including the ACLU, Southern Poverty Law Center (SPLC), Farmworker Association of Florida, Americans for Immigrant Justice, and the American Immigration Council, initiated a legal challenge against Florida’s SB1718. This law criminalizes individuals who transport undocumented persons into Florida. Penalties range up to five years in prison, with more severe terms for repeated violations or those involving minors. The lawsuit contends that the law represents an unconstitutional state attempt to regulate federal immigration and that its language is unconstitutionally vague.
Explore Previous Immigration Updates
January 4, 2024
December 2023 Immigration Update
October 31, 2023
October 2023 Immigration Update
October 3, 2023
September 2023 Immigration Update
September 6, 2023
August 2023 Immigration Policy Update
July 31, 2023
July 2023 Immigration Policy Update
June 29, 2023
June 2023 Immigration Update
May 31, 2023
May 2023 Immigration Update
April 30, 2023
April 2023 Immigration Update
March 31, 2023
March 2023 Immigration Update
February 28, 2023
February 2023 Immigration Update
July 2023 Immigration Policy Update
July 2023 Immigration Update
In the month of July 2023, the United States witnessed several significant developments in immigration policy. Lawmakers are actively working on legislation to offer a path to permanent status for Afghan evacuees, while other bills challenge birthright citizenship and propose the creation of a Federal Office of New Americans. Additionally, executive agencies are implementing new family reunification parole processes and exploring refugee programs for non-Mexicans in Mexico. On the judicial front, the Supreme Court has made rulings on various immigration-related cases. In this blog, we’ll explore these immigration policy updates.
Bipartisan Group of Lawmakers Introduce Legislation Seeking to Offer Path to Permanent Status for Afghan Evacuees
On July 13th, 2023, a group of bipartisan lawmakers reintroduced the Afghan Adjustment Act, aiming to grant permanent status to thousands of Afghans evacuated to the U.S. after the fall of Kabul in 2021. This legislation holds promise for countless Afghans, including those living in Greater Cleveland and Ohio, offering them a pathway to a secure future.
Source: National Immigration Forum
Legislation Challenging Birthright Citizenship Introduced in House of Representatives
Rep. Matt Gaetz proposed a bill that would deny birthright citizenship to children born in the U.S. to non-U.S. citizen parents. Gaetz cited children born to parents on tourist or temporary visas and those born to undocumented parents as reasoning behind the bill. The bill would not apply to those “lawfully admitted as refugees or permanent residents or performing active services in the U.S. Armed Forces.” Though the bill faces constitutional hurdles, it reflects growing nativist sentiments and requires close monitoring.
Source: Washington Examiner
Bill Proposing Creation of Federal Office of New Americans Reintroduced in Congress
Representatives Jayapal, Meng, and Garcia, along with Senator Markey, introduced a bill that would establish an Office of New Americans to support immigrants in adjusting to life in the U.S. and improve the immigration system. This initiative, endorsed by the National Partnership for New Americans, offers hope for immigrant communities seeking better integration.
DHS Announces New Family Reunification Parole Processes for Central American Countries
The Department of Homeland Security launched family reunification parole processes for Colombia, El Salvador, Guatemala, and Honduras. This program aims to reunite individuals with their families already in the United States, providing an opportunity for thousands stuck in backlogs.
Welcome Corps Launches Expansion of Private Sponsorship Refugee Resettlement to Colleges and Universities
The Welcome Corps introduced Welcome Corps on Campus, enabling colleges and universities to resettle refugee students. This initiative seeks to offer education and career opportunities to refugee students and could pave the way for similar programs worldwide.
Source: National Immigration Forum
Rumor: Biden Administration Weighing Refugee Program for Non-Mexicans in Mexico
U.S. and Mexican officials are reportedly discussing a potential refugee program for non-Mexican asylum seekers in Mexico. If implemented, this program could provide legal avenues for migration for refugees from Cuba, Haiti, Nicaragua, and Venezuela.
Source: Reuters
Migrant Encounters at Southern Border at Two-Year Lows
The Customs and Border Protection reported a significant decrease in migrant encounters at the US-Mexico border, attributing the decline to enforcing consequences and providing lawful pathways. However, the recent overturning of asylum policies may impact these numbers.
Canada Targets Students and Workers Stuck in H1-B Lottery
Canada opened visa slots to attract skilled workers and international students who were unsuccessful in the U.S. H1-B lottery, highlighting the challenges in the current H1-B system.
Source: Forbes
Supreme Court Rules on Immigration-Related Cases
The Supreme Court ruled that states cannot sue the federal government to enforce specific immigration policies and upheld a law criminalizing the encouragement of undocumented immigration.
Source: Politico
Federal Judge Blocks New Biden Asylum Policy
A federal judge blocked the Biden administration’s rule disqualifying certain asylum seekers who entered the U.S. without an appointment. The rule aims to curb unauthorized crossings but has faced legal challenges.
Source: Los Angeles Times
Explore Previous Immigration Updates
January 4, 2024
December 2023 Immigration Update
October 31, 2023
October 2023 Immigration Update
October 3, 2023
September 2023 Immigration Update
September 6, 2023
August 2023 Immigration Policy Update
July 31, 2023
July 2023 Immigration Policy Update
June 29, 2023
June 2023 Immigration Update
May 31, 2023
May 2023 Immigration Update
April 30, 2023
April 2023 Immigration Update
March 31, 2023
March 2023 Immigration Update
February 28, 2023
February 2023 Immigration Update
June 2023 Immigration Update
June 2023 Immigration Update
FY 2024 Budget Process Continues
The Budget Process for FY2024 is under way in the U.S. Congress. Global Cleveland and our partners at the National Partnership for New Americans, alongside dozens of other regional/national non-profits are encouraging Congress to include additional Backlog Reduction funding for United States Citizenship and Immigration Services (USCIS). This is in addition to an expansion to the funding for the USCIS Citizenship and Integration Grant program which supports the work of agencies and non-profits around the country seeking to help new Americans prepare for and successfully apply for U.S. Citizenship.
Regional Processing Centers for Central/South American Migrants open in Guatemala and Puerto Rico
In April 2023, the Biden-Harris Administration announced that as part of their post Title 42 strategy they would be opening Regional Processing Centers for Central/South American Migrants in countries around Central/South America
On June 12th, the first two of these centers opened in Guatemala and Costa Rica with a third facility planned to open in Colombia in the next few months
- These centers will not allow any migrants to apply for a status in the United States, but rather will inform them if they are eligible for any legal status, temporary or permanent.
- This is an attempt to dissuade migrants who will be ineligible for admittance to the United States from making the long dangerous journey to the U.S.-Mexico Border.
- The effectiveness of these centers will be seen in the coming months and years as they begin working with migrants.
Reparole Process for Afghan Allies Detailed and Opened
On June 8th, USCIS formally unveiled the process for Afghan Allies who arrived as part of Operation Allies Welcome to apply for reparole in the United States and extension of their Employment Authorization for two years. This process will be fee-exempted and will only requiring the online or paper filing of an I-131 form.
- Any Afghan parolee who has applied for asylum or adjustment to permanent residence is ineligible to apply for reparole as they will be considered for it automatically alongside their application for a permanent immigration status.
- Any current Afghan parolee who has not applied for a permanent status or has applied for Temporary Protected Status (TPS) is eligible for the new reparole process and extension of their employment authorization.
This parole process opened on June 8th and all eligible Afghan Parolees are able to apply. Please visit the USCIS portal for Afghan newcomers for more information: Information for Afghan Nationals | USCIS
Below is an official walkthrough video of the online reparole application process provided by USCIS.
TPS Extension for El Salvador, Honduras, Nepal, and Nicaragua Announced
On June 13th, 2023 the Biden-Harris Administration announced that they would be extending Temporary Protected Status for individuals from El Salvador, Honduras, Nepal, and Nicaragua currently benefitting from the program. Approximately 337,000 people, will benefit from this relief and will be able to apply to remain in the United States for another 18 months.
- See the formal announcement for exact details on eligibility and time frame for each country: DHS Rescinds Prior Administration’s Termination of Temporary Protected Status Designations for El Salvador, Honduras, Nepal, and Nicaragua | Homeland Security
Pilot Program for Visa Renewal
Reuters reported that the Biden-Harris Administrations new pilot program to allow some H1-B and L-1 workers in the United States to renew their visas here in the United States rather than travel back to their home country.
- This pilot program will be available to some Indian H1-B and L-1 workers.
- This program has the ability to allow foreign workers here in the United States to avoid thousands of dollars in travel costs.
- If this Pilot program is successful we may see it expanded to include more foreign workers here in the United States and make it easier for these people to build their lives here in the U.S. and contribute to the U.S Economy.
- Link to Reuters Report: Exclusive: US to ease visas for skilled Indian workers as Modi visits | Reuters
First Welcome Corps Refugees Arrive on World Refugee Day
Back in January, the Biden-Harris Administration announced the Welcome Corps program to allow private U.S. Citizens and Lawful Permanent Residents to sponsor refugees to come to United States
- After ½ year of build up and capacity building the first two refugee families to admitted and welcomed under the Welcome Corps Program were welcomed to Minnesota on World Refugee Day, Tuesday June 20th.
- Hopefully this is indicative of many more resettlements to come as Americans show their ability to open and welcome those in need.
- Official State Department Release: First Welcome Corps Refugee Arrivals Greeted by Sponsors in the United States – United States Department of State
In June 2023 the United States Supreme Court decided a key immigration related Supreme Court Case: U.S v Texas
In short, the State of Texas sued the Biden-Harris Administration and the Department of Homeland Security over the DHS deportation enforcement priorities emphasizing the deportation of convicted criminals over that of other undocumented migrants. The court ruled 8-1 in favor of the Federal Government upholding precedent that immigration enforcement priorities are decision of the Federal Executive Branch, not state governments or the court system.
The decision in U.S. v Texas was announced on Friday June 23rd, 2023.
Explore Previous Immigration Updates
January 4, 2024
December 2023 Immigration Update
October 31, 2023
October 2023 Immigration Update
October 3, 2023
September 2023 Immigration Update
September 6, 2023
August 2023 Immigration Policy Update
July 31, 2023
July 2023 Immigration Policy Update
June 29, 2023
June 2023 Immigration Update
May 31, 2023
May 2023 Immigration Update
April 30, 2023
April 2023 Immigration Update
March 31, 2023
March 2023 Immigration Update
February 28, 2023
February 2023 Immigration Update
May 2023 Immigration Update
May 2023 Immigration Update
The End of Title 42
The pandemic ended Public Health Policy Title 42 ended earlier this month on Thursday May 11th. For clarity the summary of the rule from last months update has been reincluded.
- Fact Sheet: U.S. Government Announces Sweeping New Actions to Manage Regional Migration | Homeland Security (dhs.gov)
- Biden Plan Aims to Stem Border Migration as Restrictions End (usnews.com)
On April 27th 2023, The Biden-Harris administration announced a sweeping series of new actions and changes to DHS policy as part of the U.S. Government Adjustment to the end of Title 42 on May 11th, 2023.
Changes of great note are include:
- Imposing Stiffer Consequences for Unlawful Border Crossings
- Rapid expulsion of all caught unlawfully crossing the border under Title 8
- 5-year ban of legal entry into the United States
- Banned from pursuing Asylum Claims
- Proposed Solutions to Limit Unlawful Crossings
- Expansion of Access to CBPOne phone application for asylum appointments
- Note: So far, the CBPOne app has mostly been nonfunctional or overwhelmed as reported by multiple independent Media outlets. Long term effectiveness of CBPOne as primary means of seeking asylum in the United States is questionable.
- Doubling of Refugee Admissions from Western Hemisphere
- Creation of a family reunification process through Humanitarian Parole for people from Honduras, Guatemala, El Salvador, and Colombia.
- Note: Similar programs have shown effectives in the short-term for migrants from Haiti, Venezuela, Nicaragua, and Cuba, however there has been strong Republican opposition to these programs and whether this would survive an administration change calls into question long-term viability
- Humanely Manage Migrant Flows with Partners
- Processing Centers in Latin American countries to process people’s claims before they arrive at the U.S Southern Border. First two facilities intended for Colombia and Guatemala
- Note: This idea may help prevent the overwhelming problems at the U.S. Border long-term and could become an effective part of U.S. Immigration Policy, however there are legitimate concerns about government capacity to do this effectively and without violating due process.
- Increase anti-smuggling operations and increase deportations for quote “those with no lawful basis to stay in the United States”
- Note: The effects this will have in practice remain to be seen. Deportation numbers and apprehension and expulsion of migrants at the border are already at or near all-time highs. Punitive expulsion and deportation policies of shown little effectives in terms of dissuasion under any administration over the last few decades.
What has happened since the End of Title 42?
- Unauthorized border crossings and individuals seeking asylum at the border have both gone down since Title 42 ended, likely because of the harsher penalties that the return of Title 8 means for those who cross the border.
- With people still waiting in Mexico and arriving in Mexico from Central and South America how long this acts as a deterrent remains to be seen.
- The long-term effects of the new asylum policies remain to be seen however the rules are being challenged in court by the ACLU.
- Border Apprehensions remain down more than 3 weeks out from the end of Title 42
- The State of Texas and Texas Attorney General Ken Paxton are suing the Federal Government over the use of the CBP One app to allow asylum seekers to get asylum appointments at ports of entry – Original Complaint.pdf (texasattorneygeneral.gov)
- The State of Texas is arguing that by providing this option that Federal government is encouraging people without a legal pathway to immigration to come to the United States
Reparole for Afghan Nationals
- DHS Announces Upcoming Re-parole Process for Afghan Nationals | Homeland Security
- On March 5th United States Citizenship and Immigration Services announced a reporale process for Afghan nationals paroled into the U.S. during Operation Allies Welcomes during late 2021
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- Without this program tens of thousands of Afghan Allies would have been at risk of losing their legal status and work authorization
- To be clear this is NOT an automatic process, Afghans must apply for reparole either online or on paper starting in June 2023.
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- Please visit the USCIS website to keep track of updates info on the full process if you need to apply for reparole or are assisting someone applying for reparole
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Updates on Parole Processes for Cubans, Venezuelans, Nicaraguans, and Haitians
- USCIS Updates Review Process for the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans | USCIS
- 1.5 million apply for U.S. migrant sponsorship program with 30,000 monthly cap – CBS News
- The parole process for Cubans, Venezuelans, Nicaraguans, and Haitians which have been running since January have seen higher than expected demand.
- As such USCIS has announced that rather than administering all 30,000 monthly slots for the program on a first-come first-serve basis, they will administer half the slots through a random lottery selecting applications to be reviewed and administer the other half on a first-come first-serve basis.
Secure the Border Act of 2023 – The GOP border bill introduced in April
- Passed House of Representatives
- Similar legislation being considered in the United States Senate
Santos-Zacaria v Garland
- One key Judicial Case was decided so far this month during the Supreme Court session on whether or not migrants are required to appeal their cases to the Board of Immigration Appeals before they appeal in Federal court. Attached below is a summary of the result explaining the courts decision
- Supreme Court Declines to Impose New Hurdle on Immigrants Appealing their Cases (immigrationimpact.com)
Explore Previous Immigration Updates
January 4, 2024
December 2023 Immigration Update
October 31, 2023
October 2023 Immigration Update
October 3, 2023
September 2023 Immigration Update
September 6, 2023
August 2023 Immigration Policy Update
July 31, 2023
July 2023 Immigration Policy Update
June 29, 2023
June 2023 Immigration Update
May 31, 2023
May 2023 Immigration Update
April 30, 2023
April 2023 Immigration Update
March 31, 2023
March 2023 Immigration Update
February 28, 2023
February 2023 Immigration Update
April 2023 Immigration Update
April 2023 Immigration Update
Fairness to Freedom Act
On 4/18/2023 Senators Gillibrand and Booker, as well as Representatives Jayapal, Torres, and Meng introduced the Fairness to Freedom Act in both houses of Congress. The Fairness to Freedom Act is a product of a partnership between National Partnership for New Americans and the VERA Institute for Justice. This act being introduced for the first time seeks to accomplish 2 primary goals:
- The establishment of right to counsel in immigration court as a federal right
- Secondly, to provide funding for and guidelines for the creation of a system to provide individuals in immigration who cannot afford representation with legal representation.
There is substantial evidence that one of the greatest factors in determining the result of deportation proceedings, asylum hearings, and other immigration court functions is whether or not the migrant has legal counsel. This bill seeks to make a fairer immigration court process and ensure that all regardless of economic status receive fair hearings and equitable results in immigration courts.
New Border and Immigration Bill
(AIC Explanation) GOP’s Extreme Border Bill Rejects Solutions and Embraces Ending Asylum (immigrationimpact.com)
The bill has a laundry list of potentially negative provisions, including, but not limited to, the following:
- Creation of Mandatory Fees for Asylum Applications
- Forbidding most asylum seekers to apply for asylum if the have not applied for asylum while in transit through 3rd countries
- Increased detention and expulsion of unaccompanied minors
- Creation of new federal criminal charges for individuals who have overstayed a visa
- 1st offense up to 6 months in jail
- 2nd offense up to 2 years in prison
- Forbidding all Asylum claims for those who do not cross at a port of entry
- Essentially eliminate Humanitarian Parole by redefining to only include individuals with an acute medical need or who need to attend a family funeral
Dignity for Detained Immigrants Act
Representatives Jayapal and Smith, as well as Senator Booker, introduced the Dignity for Detained Immigrants Act in the House and the Senate. The objective of this bill is to create new standards for immigration detention that fall in line with international human rights standards and respects the dignity of the human person.
Below are a list of provisions included in the bill if it were to pass sourced from Rep Jayapal’s website:
- Repeal mandatory detention
- Prohibit the detention of families and children in family detention
- Phase-out the use of private detention facilities and jails over a three-year period
- Create a presumption of release and impose a higher burden of proof to detain primary caregivers and vulnerable populations, including asylum seekers, pregnant women, LGBTQ individuals, survivors of torture or gender-based violence, and people under the of age 21
- Prohibit the detention of anyone under age 18 in a facility operated or contracted by Immigration and Customs Enforcement (ICE)
- Require DHS to establish civil detention standards that provide, at minimum, the level of protection in the American Bar Association’s Civil Immigration Detention Standards
- Mandate the Inspector General of the Department of Homeland Security (DHS) to conduct unannounced inspections with meaningful penalties for failure to comply with standards
Expansion of ACA to Include DACA Recipients
In a move over a decade coming, the Biden-Harris announced that DACA recipients will be eligible to get healthcare through the Affordable Care Act.
- Previously over 1/3 of DACA recipients were uninsured so the expansion of coverage here will help hundreds of thousands across the country
- There are over 100,000 DACA recipients in Ohio
Full Announcement of Biden Administration Asylum Rule for May 11th
On April 27th 2023, The Biden-Harris administratio announced a sweeping series of new actions and changes to DHS policy as part of the U.S. Government Adjustment to the end of Title 42 on May 11th, 2023. Access the Fact Sheet.
Changes of note include:
- Imposing Stiffer Consequences for Unlawful Border Crossings
- Rapid expulsion of all caught unlawfully crossing the border under Title 8
- 5-year ban of legal entry into the United States
- Banned from pursuing Asylum Claims
- Proposed Solutions to Limit Unlawful Crossings
- Expansion of Access to CBPOne phone application for asylum appointments
- Note: So far, the CBPOne app has mostly been nonfunctional or overwhelmed as reported by multiple independent Media outlets. Long term effectiveness of CBPOne as primary means of seeking asylum in the United States is questionable.
- Doubling of Refugee Admissions from Western Hemisphere
- Creation of a family reunification process through Humanitarian Parole for people from Honduras, Guatemala, El Salvador, and Colombia.
- Note: Similar programs have shown effectives in the short-term for migrants from Haiti, Venezuela, Nicaragua, and Cuba, however there has been strong Republican opposition to these programs and whether this would survive an administration change calls into question long-term viability
- Expansion of Access to CBPOne phone application for asylum appointments
- Humanely Manage Migrant Flows with Partners
- Processing Centers in Latin American countries to process people’s claims before they arrive at the U.S Southern Border. First two facilities intended for Colombia and Guatemala
- Note: This idea may help prevent the overwhelming problems at the U.S. Border long-term and could become an effective part of U.S. Immigration Policy, however there are legitimate concerns about government capacity to do this effectively and without violating due process.
- Increase anti-smuggling operations and increase deportations for quote “those with no lawful basis to stay in the United States”
- Note: The effects this will have in practice remain to be seen. Deportation numbers and apprehension and expulsion of migrants at the border are already at or near all-time highs. Punitive expulsion and deportation policies of shown little effectives in terms of dissuasion under any administration over the last few decades.
- Processing Centers in Latin American countries to process people’s claims before they arrive at the U.S Southern Border. First two facilities intended for Colombia and Guatemala
Explore Previous Immigration Updates
January 4, 2024
December 2023 Immigration Update
October 31, 2023
October 2023 Immigration Update
October 3, 2023
September 2023 Immigration Update
September 6, 2023
August 2023 Immigration Policy Update
July 31, 2023
July 2023 Immigration Policy Update
June 29, 2023
June 2023 Immigration Update
May 31, 2023
May 2023 Immigration Update
April 30, 2023
April 2023 Immigration Update
March 31, 2023
March 2023 Immigration Update
February 28, 2023
February 2023 Immigration Update
March 2023 Immigration Update
March 2023 Immigration Update
New Deal for New Americans Act Reintroduced
Global Cleveland is proud to be an endorsing organization on the New Deal for New Americans Act. The New Deal for New Americans proposes a number of significant policy changes including:
- Creating a Federal Office of New Americans whose job it would be to work on and propose solutions to immigrants facing issues
- Establishing multiple grant programs that would provide funding for naturalization and permanent residence applications, English education, and workforce programming
- Increasing refugee admissions levels, remove financial barriers to citizenship, create an automatic voter registration at naturalization, among others
Fairness to Freedom Act to be Introduced in Congress in April
This act being introduced for the first time seeks to accomplish two primary goals:
- To establish the right to counsel in immigration court as a federal right
- To provide funding for and guidelines for the creation of a system to provide individuals in immigration who cannot afford representation with legal representation
There is substantial evidence that one of the greatest factors in determining the result of deportation proceedings, asylum hearings, and other immigration court functions is whether or not the migrant has legal counsel. This bill seeks to make a fairer immigration court process and ensure that all regardless of economic status receive fair hearings and equitable results in immigration courts.
Texas Senator John Cornyn proposing a potential legislative veto on the Process for Cuban, Venezuelans, Haitians, and Nicaraguans
As we mentioned in our January Newsletter, the Biden-Harris administration as part of their effort to relief tension at the border began a new Humanitarian-Parole process for Cubans, Venezuelans, Haitians, and Nicaraguans comparable to the U4U parole process for Ukrainians. Senator John Cornyn is preparing to bring a challenge against this executive action in the legislature. If it were to pass with a simple majority in both houses of congress, than the Process for Cubans, Venezuelans, Haitians, and Nicaraguans would end.
U.S. and Canada Announce Shared new Asylum Policy for the U.S.-Canada Border
This deal contains a large number of details, but fundamentally it means harsher punishments for migrants crossing the border between ports of entry both ways on the U.S. Canada Border. This will mean greater enforcement and more deportations on the U.S. Northern Border It also means that a migrant who arrives in Canada most apply for asylum in Canada and cannot cross to United States and claim asylum, and vice versa. The intent is to discourage border crossings as the rate at the North Border has steadily been increasing over the last year. Its effectiveness remains to be seen. As part of the deal the Canadian government has agreed to accept an additional 15,000 per year migrants from Central and South America.
USCIS Redesignates TPS for Somalia
All Somalians residing in the United States as of January 11,2023 are eligible to apply or reapply for TPS. This redesignation has been implemented as of March 18, 2023 and will expire on September 17, 2024
Reparole of Ukrainians
Prior to the implementation of the Uniting for Ukraine parole program last summer, over 20,000 Ukrainians were admitted to the United States at the Southern Border. Unlike Ukrainians that came later through the Uniting for Ukraine (U4U) program and received a 2-year legal status and work authorization, those who came during March and April of 2022 only received a 1-year legal status and work authorization. The Biden-Harris Administration has announced that they will be reviewing and reparoling Ukrainians who came before U4U was implemented and are at risk of losing their legal status and work authorization this Spring.
U.S. to extend legal stay of Ukrainian refugees processed along Mexican border – CBS News
As a reminder, many Afghans who were given 2-year parole after the U.S. Withdrawal in 2021 are facing a similar concern this fall. Tens of thousands of these Afghans have yet to receive a permanent legal status. The Afghan Adjustment Act in congress was supposed to avert this crisis by creating a path to permanent status. However, after it failed to pass last year and it is looking doubtful that it will pass this year, the Biden-Harris Administration may need to step in to avert the crisis of tens of thousands of Afghans losing their work status and deportation protections.
Potential Resumption of Family Detention Processes
Multiple unnamed sources with the Department of Homeland Security and USCIS leaked to the press that the Biden-Harris administration is considering a resumption of Family detention at immigration facilities along the U.S.-Mexico Border. Family Detention was started by the Obama-Biden Administration in 2014 and continued under the Trump-Pence Administration until the Biden-Harris Administration ended in early 2021.
Many immigration experts believe that the resumption of Family Detention would be a major misstep. It was found to be inhumane, with conditions in facilities being severely lacking, and the program was also very costly.
USCIS Ends Pandemic Related Paperwork Deadline Flexibility
During the COVID-19 Pandemic USCIS provided deadline flexibility for those who filled paperwork with the agency. This flexibility has come to an end as of March 23rd, 2023. Applications for extensions in individual circumstances will still be considered on a case-by-case basis.
USCIS Announces New Service Center
USCIS has announced a new Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center. This center is the sixth USCIS service center and will focus on handling applications and processes related to Humanitarian Visas, status adjustment, removing conditions for visa holders, and issuing travel documents to non-citizens.
February 2023 Immigration Update
February 2023 Immigration Update
Welcome Corps
Disclaimer: The information provided in this video does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video are for general informational purposes only. Information may not constitute the most up-to-date information.
Senate Introduces 2023 Version of the DREAM Act
Senator Lindsay Graham (R- South Carolina) and Senator Dick Durbin (D-Illinois) reintroduced the DREAM Act to the Senate on February 9th, 2023. If passed into law, the DREAM Act would provide a path to citizenship for undocumented immigrants who came into the country as minors and colloquially known as Dreamers.
Biden-Harris Administration announces end to COVID-19 Pandemic Health Emergency Declaration
Title 42, the current health policy used to rapidly expel asylum seekers and other migrants at the Southern Border, will end with expiration of COVID-19 Emergency Status. Title 42 is a health and safety policy it has effectively been used as a de facto immigration policy for the last 3 years.
- Title 42 allows for the closure of ports of entry and rapid expulsion of individuals crossing the border, ostensibly to prevent the spread of disease
- The last two Presidential administrations have used Title 42 to expulse asylum seekers caught crossing the border
- A Title 42 expulsion is not the same as a formal deportation order and bears none of the same long-term legal ramifications
- As a result, the use of Title 42 was relatively ineffective as many individuals who were apprehended and expulsed were apprehended again, sometime multiple times, as people tried to cross the border again with days or weeks of their initial apprehension and expulsion
This will have a major impact implantation of rules and security regulations at the border.
Biden-Harris Administration proposes new Asylum policy
With Title 42 moving out of effect in May the Biden-Harris Administration has announced a new 153-page rule on Asylum Policy to attempt and prevent the Asylum system from being overloaded immediately. This new rule is similar to several Trump-Pence policies that would have placed eligibility limits on asylum seekers, however the Trump-Pence era rules were struck down for unconstitutionality.
These new policies raise some concerns for asylum seekers:
- Lack of reliable access to internet connection for asylum seekers to set appointments
- High demand for appointments and low availability is making it very difficult for full families with children to acquire an adequate number of appointment slots
- The exemption for Unaccompanied Minors may lead to more desperate families sending children alone to try and get across and get access to Asylum procedures
State of the Union Address
During his State of the Union Address, President Biden encouraged both Houses of Congress to Act on Immigration Reform, specifically pushing for passage of the DREAM Act
Update on Special Process for Venezuelans, Cubans, Haitians, and Nicaraguans
A group of states, led by Texas, are suing the Biden-Harris Administration to end this program. DHS has reported that over 7,000 people have applied through sponsorship through this program, with over 1,700 having already been resettled as Humanitarian Parolees in the United States.