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- Eli Kantor
- Beverly Hills, California, United States
- Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com
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Thursday, January 05, 2023
Biden announces new program to curb illegal migration as he prepares for visit to border
In a rare White House address on the nation’s southern border crisis, President Joe Biden on Thursday unveiled new policy that will accept 30,000 migrants a month from four nations but also will crack down on those who fail to use the legal pathways under the plan.
Speaking in the Roosevelt Room of the White House, the president said the policy will grant humanitarian “parole” to eligible migrants from Cuba, Haiti, Nicaragua and Venezuela. It will work as part of a border strategy that incorporates an expanded use of Title 42 expulsions.
“Do not just show up at the border. Stay where you are and apply legally from there,” Biden said, addressing potential migrants from those nations. “Starting today, if you don’t apply through the legal process you will not be eligible for this new parole program.”
'Do not just show up at the border': Biden unveils new migrant policy
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The announcement was made as the Departments of Homeland Security and Justice released details of a plan to impose a new regulation — a version of a Trump-era policy referred to as the “transit ban.” Under that regulation, migrants would be prohibited from applying for asylum in the United States unless they were first turned away for safe harbor by another country. It would also deem ineligible migrants who don’t go through authorized ports of entry. DHS and DOJ will hear public comment on the proposed rule before it goes into effect.
Biden said the new details announced Thursday “won’t fix our entire immigration system but they can help us a good deal in better managing what is a difficult challenge.” He added: “Until Congress passes the funds, a comprehensive immigration plan to fix the system completely, my administration is going to work to make things at the border better using the tools that we have.”
The president also confirmed plans for his first visit to the U.S.-Mexico border since taking office. Biden said he will visit El Paso, Texas, on Sunday to “assess border enforcement operations” and “meet with local officials.” The visit comes ahead of his trip to Mexico City for the “Three Amigos” summit with his Canadian and Mexican counterparts.
The moves reflect the Biden administration’s latest venture to combat a migration surge straining the U.S. immigration system. Placing the president at the forefront of the announcement is notable as he faces growing criticism from both Republicans and Democrats on border issues.
The topic has intensified for the Biden administration in recent weeks as officials prepared for a court-ordered end to Title 42 limits, only to see the Supreme Court temporarily block lifting the policy. But regardless of the Trump-era policy’s fate — set to be decided by the high court later this year — the southern border is facing a record-breaking migration influx likely to remain a key policy issue throughout Biden’s presidency.
Biden referenced the plan he put forth in the early days of his presidency to overhaul the “broken immigration system,” including policy to crack down on illegal immigration and protecting DACA recipients and Dreamers. He called out Republicans for rejecting his proposal and his requests for additional funding.
“Our problems at the border didn’t arise overnight and are not going to be solved overnight. It’s a difficult problem. It’s clear that immigration is a political issue that extreme Republicans are always going to run on,” Biden said. “But now they have a choice. They can keep using immigration to try to score political points or they can help solve the problem and come together to fix the broken system.”
Biden reacts to Title 42 decision: ‘We have to enforce it’
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The humanitarian parole program, effective immediately, builds upon the one rolled out solely for Venezuelans this fall, which created a narrow pathway for up to 24,000 migrants who have preexisting ties in the U.S., and people who could provide financial and other support. Implementation of the program, which deals with countries facing political and economic turmoil, is dependent on the use of the Title 42 authority to turn away those at the U.S.-Mexico border who don’t qualify.
Border agents have already turned away masses of Venezuelans using Title 42 authority over the past few months, and now they will do the same for Cubans, Haitians and Nicaraguans. Mexico has agreed to accept 30,000 migrants per month from the four countries, according to the administration officials.
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Migrants who cross unlawfully into Panama or Mexico will be also deemed ineligible for the program, in an attempt to discourage people from taking the dangerous journey through the Darien Gap.
The program for Venezuelans, announced in October 2022, forces migrants to apply for asylum from their home country, while expelling those who tried to enter the U.S. unlawfully from Mexico. Venezuelans who were approved for humanitarian parole were allowed to enter the U.S. by air. The number of those migrants crossing illegally has dropped 70 percent, falling from about 21,000 in October to 6,200 in November, according to latest U.S. Customs and Border protection data.
Alongside additional legal pathways and deterrence, the administration is continuing its preparation for the end of Title 42 limits, officials said Thursday. The administration is working to counter cartels and human smuggling networks, while surging resources like personnel, transportation, medical support and facilities to support border officials.
While Thursday’s announcements could temporarily help the administration tackle the record number of people fleeing to the U.S., the president’s speech was met with swift condemnation from immigration reform advocates and lawyers who decry any expansion of Title 42, which has allowed border agents to immediately expel millions of migrants on public health grounds without considering their claims for asylum. For days, administration officials have been weighing the political consequences of doubling down on public health policy.
For more information, visit us at http://www.beverlyhillsimmigrationlaw.com/index.html.
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