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.
