Immigration Updates

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.

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.

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.

Special Student Relief Notice

Federal Registrar Notice

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.

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.

Source

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.

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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.

Source

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.

Source

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.

Source

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.

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.

Source

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. 

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. 

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. 

• Form I-131: Afghan ReParole - USCIS Online Account Demo – YouTube 

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 

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 

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 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. 

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.

The Afghan Adjustment Act Fails To Pass In Congress

The Afghan Adjustment Act, which would provide a path to permanent residency for over 70,000 Afghans evacuated from Kabul, and expand protections for those left behind in Afghanistan, has failed to pass at the end of the last congressional session. We hope to see this bill passed in the next Congress.

USCIS Proposes Changes to Naturalization Fees

USCIS has proposed a hike in fees. If approved, it will cause naturalization fees to go up 18 to 20 percent. In the most extreme case, green card fees with travel documentation and work authorization to rise from $1,225 to $2,820.

Task Force on New Americans Reestablished

The Task Force on New Americans has been reestablished by the Biden Administration. It seeks to address five key areas for immigrants:

• language learning and access
• health and wellbeing
• workforce development training
• financial access and education
• data and research

TPS Extension

Temporary Protected Status (TPS) has been extended and redesignated for 18 months for individuals from Haiti and Yemen already present in the United States as a result of continued conflict, natural disaster, and political instability.

Title 42 Expansion

The Biden-Harris administration has expanded Title 42 to immediately expel nationals from Nicaragua, Cuba, and Haiti from the U.S., expediting removal and while establishing a limited parole process for individuals from these nations and Venezuela. The limited parole process allows migrants to enter the US legally with a financial-based sponsor. There is a monthly cap of up to 30,000 admissions.

Welcome Corps

On January 19^th, the Biden-Harris administration launched Welcome Corps, a private sponsorship program for refugees coming to United States. Private sponsor groups of five or more individuals will be able to sponsor refugees.