About Me
- 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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Friday, April 28, 2023
Biden plan aims to stem border migration as restrictions end
WASHINGTON (AP) — With COVID-19 immigration restrictions set to expire, the Biden administration on Thursday announced measures meant to stop migrants from illegally crossing the U.S.-Mexico border, both by cracking down on many of those who do come, and by creating new pathways meant to offer an alternative to the dangerous journey.
The effort includes opening processing centers outside the United States for people fleeing violence and poverty to apply to fly in legally and settle in the United States, Spain or Canada. The first processing centers will open in Guatemala and Colombia, with others expected to follow.
The administration also plans to swiftly screen migrants seeking asylum at the border itself, quickly deport those deemed as not being qualified, and penalizing people who cross illegally into the U.S. or illegally through another country on their way to the U.S. border.
But it is unclear whether the measures will do much to slow the tide of migrants fleeing countries marred by political and economic strife. Further increasing the pressure is the looming end of public health rules instituted amid the pandemic that allowed for quickly expelling many migrants and set to expire on May 11.
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“This is a hemispheric challenge that demands hemispheric solutions,” said Homeland Security Secretary Alejandro Mayorkas during a news conference as he laid out how the U.S. is working with other countries in the region.
Mayorkas also warned that migrants and human smugglers should not interpret the upcoming deadline to mean that everyone should come: ”Let me be clear, our border is not open and will not be open after May 11.”
Immigration has vexed Biden throughout his presidency, with top GOP leaders hammering him as soft on border security. Immigrant advocates, meanwhile, argue that the president is abandoning humanitarian efforts with stricter measures meant to keep migrants from coming illegally.
The topic isn’t going away. As he announces his 2024 reelection bid, Biden is trying to strike a balance that could be difficult to achieve, particularly if crowds of migrants end up in border facilities after May 11.
The administration has also repeatedly pointed to Congress, saying it has been unable to come to an agreement on comprehensive immigration reform.
The efforts announced Thursday build on a carrot-and-stick approach to immigration that the administration has been increasingly using, whereby they offer incentives like humanitarian parole visas for hundreds of thousands of people and harsh consequences for many who come to the border. Those have so far included:
— Processing centers: The administration will open migration centers in numerous countries starting with Guatemala and Colombia to be run by the International Organization of Migration and the U.N. agency tasked with helping refugees. There potential migrants can get information on various ways they can migrate to the United States, such as applying for refugee status or a worker program. The administration said both Canada and Spain have said they’d take migrants referred from these centers, although no specific numbers were given. The U.S. also said it would double the number of refugees taken from Central and South America. No specific number was given there, either, but during fiscal year 2023 the U.S. pledged to accept 15,000 refugees from Latin America and the Caribbean.
— Stiffer, faster penalties: The administration says it will process asylum-seekers who come to the southern border faster — in days, not weeks — with the goal of sending people back quickly who don’t clear initial screenings. Those removed from the country would be barred from entering the U.S. for five years. The administration says it aims to dramatically increase flights on which migrants are sent home from the U.S. Officials also said a previously announced rule which would limit asylum for those who pass through another country without first seeking protection there, or who enter the U.S. illegally, is also set to go into effect before the May 11 deadline passes.
— No family detention: The administration stopped short of saying they’d detain families crossing the border illegally. That step would have sparked widespread condemnation from immigration advocates and Biden allies. But they said they’d monitor families through things like curfews and GPS monitoring and stressed that families would be removed if found unqualified to stay in the U.S.
— Family reunification: DHS is creating a new family reunification parole process for people from El Salvador, Guatemala, Honduras and Colombia. And the agency is “modernizing” the existing family reunification process for people from Cuba and Haiti.
— Smuggler crackdown: Mayorkas stressed efforts to more strictly combat smuggling networks that facilitate travel from across the region to the U.S. border.
Andrew Selee, who heads the Migration Policy Institute, said the plans announced are the “clearest we’ve seen of a strategy” from the administration on how to deal with immigration. But he cautioned that it would still require a lot of time and commitment for the plan to be successful.
“I think it’s the closest we’ve seen to a comprehensive plan,” Selee said. He said the administration was betting a lot on the processing centers, and said potentially they can serve to give people information about migration options in a way that a U.S. Embassy, for example, cannot.
But Selee said they would have to be closely linked to local networks in various countries so prospective migrants know about them, and so local organization who know the people who are most desperate to flee can refer them to the centers.
Thursday’s announcement was met with criticism by many immigration advocates, including members of the president’s own party who have been troubled by Biden’s increasing efforts to make it harder to access asylum at the border.
Sen. Bob Menendez, a New Jersey Democrat, said he was “disappointed” in the plan, especially after spending recent weeks urging the White House to adopt a different immigration strategy, including extending temporary protected status to people from several Central American countries. He also cast doubt on how parts of the plan would be implemented.
“The question is, how are we going to set up those processing centers? What are the entities that will be there to make sure that a person is being processed in the appropriate way? What are we doing with third countries to be able to accept individuals and make sure that they are safe?” said Menendez.
Many groups that work to assist refugees and other migrants said they welcomed some aspects of the president’s plan, such as allowing in more refugees from South and Central America and speeding up family reunification efforts. But they said that shouldn’t come at the expense of people applying for asylum at the border.
The International Refugee Assistance Project said in a statement that it is concerned at the lack of details in the plan, how it will be implemented and where the money will come from. The group also said that the U.S.’s refugee resettlement program is still struggling to recover after cuts during the Trump administration.
“We have more questions than answers,” said Lacy Broemel, a project policy analyst.
Others, including right-leaning groups already intensely critical of Biden, lambasted the plan, saying that faster processing of migrants simply means they’re entering the country faster. The Federation for American Immigration Reform said the initiatives amount ”to a massive and illegal scheme designed to accommodate unlimited numbers of migrants.”
___
Spagat reported from San Diego. Stephen Groves in Washington and Valeria Gonzales in McAllen, Texas, contributed to this report.
___
This story was first published on April 27, 2023. It was published again on April 28, 2023, to correct the name of an organization to the International Refugee Assistance Project, not the International Refugee Assistance Program.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Biden admin to set up migrant processing centers in Latin America ahead of end of Title 42
The Biden administration on Thursday announced plans to establish immigration processing centers throughout Latin America to help slow down the number of migrants coming to the U.S.
The regional processing centers in Guatemala and Colombia should be up and running in the coming weeks, said Homeland Security Secretary Alejandro Mayorkas and Secretary of State Antony Blinken during a joint press conference. Additional details will be announced in the coming weeks about how many centers they will set up as they negotiate with additional countries. A memo obtained by POLITICO suggested that other hubs could be in Ecuador and eventually Costa Rica.
U.S. international partners, including the U.N. High Commissioner for Refugees and the International Organization for Migration, will screen migrants at these centers and determine if they qualify for entry before the migrants can try to move on to the U.S. southern border. If eligible, migrants will be referred for refugee resettlement or other lawful pathways such as parole programs, family reunification or existing labor pathways. Migrants will also receive local information about host countries and available social services.
The announcement comes just two weeks before a seismic shake-up in border policy, the lifting of Title 42. The Trump-era border policy has been used more than 2 million times to expel asylum-seeking migrants on public health grounds.
The U.S. expects to initially screen at least 5,000 or 6,000 migrants a month at the new processing centers, Mayorkas said.
“The whole model is to reach the people where they are — to cut the smugglers out and to have them avoid the perilous journey that too many do not make. But we are beginning in Guatemala and Colombia. We are beginning at the level that I described, and we will scale up,” he said.
Canada and Spain have agreed to accept referrals from the processing centers, officials said.
The processing centers are just one piece of the administration’s multi-pronged response as the White House tries to strike a balance of deterrence with creating additional legal pathways. Officials also announced the expansion of the family reunification parole program to include Guatemala, El Salvador, Honduras and Colombia, a program previously only available to Cubans and Haitians. They are also increasing the number of applications available on the CBP One app for migrants in Central and Northern Mexico.
“[It’s] a significant plan that is really at a level of ambition and scale that has never been done before,” a senior administration official told reporters on a call ahead of the announcement. “However, there is far more that we could do if we had the cooperation of Congress. They have really tied our hands, and so we really do appeal to Congress to work with us.”
The White House has been intensely planning for the end of Title 42 since before the New Year, weighing a patchwork of policy solutions. May, already the historically busiest month for migration, is expected to bring one of the greatest policy challenges yet for the White House. And the timing falls at a challenging political moment for President Joe Biden, who just launched his 2024 reelection campaign.
The efforts to expand legal pathways and expedite processing will be paired with deterrence measures — in an effort to build upon the humanitarian parole program for Cubans, Haitians, Nicaraguans and Venezuelans, which officials tout as a success story in bringing border numbers down. The program for these groups will continue, officials said, including the expulsion to Mexico of those who try to enter the U.S. unlawfully.
“They’re walking on a knife’s edge. Will they be able to get to the other side without getting cut?” said one former administration official who spoke on the condition of anonymity to speak freely. “They’re likely going to get slammed on both sides, which may mean they’ve found the right balance.”
In place of Title 42, officials also plan to rely on a new rule that will bar some migrants from applying for asylum in the U.S. if they cross the border illegally or fail to first apply for safe harbor in another country. The administration has been working to finalize and implement the rule — a version of a Trump-era policy often called the “transit ban” — before May 11.
The administration will also expand expedited removal processes under Title 8, officials said Thursday, which would allow the government to remove from the country anyone unable to establish a legal basis — such as an approved asylum claim.
“Unlike the Title 42 public health authority, the penalty for being removed from the United States under Title 8 through expedited removal and other immigration laws we will be enforcing is not just removal,” Mayorkas said. “An individual who is removed is subject to at least a five-year ban on admission to the United States and can face criminal prosecution for any subsequent attempt to cross the border.”
The Biden administration has 24,000 agents and officers at the border and is hiring an additional 300 border patrol agents this year. They’re also prepping Custom and Border Protection facilities to include spaces for interviews with asylum officers, immigration judges and for counsel purposes.
DHS on Thursday also notified Congress of its plans to reprogram funds within its budget to adjust to emerging needs at the border. Mayorkas also emphasized the need for more funds beyond the $2.7 billion passed in the December Omnibus — more than $2 billion lower than its $4.9 billion request.
The Biden administration has faced bipartisan criticism for its lack of communication on the southern border. The move to publicly detail its Title 42 preparedness comes amid growing anxiety among lawmakers and immigrant advocates as May 11 quickly approaches.
Mayorkas and other White House officials have held several meetings with immigration advocates on Capitol Hill in recent days to discuss immigration policy ahead of May 11. But to the frustration of those lawmakers, the administration had not shared details of what they might do to prevent what many fear will be a humanitarian crisis at the border.
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Rep. Adriano Espaillat (D-N.Y.), vice chair of the Congressional Hispanic Caucus, said despite the lack of details before Thursday, White House officials have expressed seriousness about the May 11 date.
“If there’s one impression that I took from … the meeting it’s that they’re actively moving the wheels to make sure that there’s some level of readiness,” he said.
Members of the Congressional Hispanic Caucus’ top priority is to ensure that there is no family detention, which Mayorkas addressed during Thursday’s announcements. They also want to see more resources go to ports of entry, ensuring migrants know of legal resources and less invasive tracking of people, such as eliminating ankle bracelets.
“We have no plan to detain families. As I mentioned, we will be employing alternatives to detention, including some innovations in that regard and we will on a case by case basis use enhanced alternatives to detention as warranted,” Mayorkas said.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
US ramping up deportations and expanding legal pathways to deter border crossers
WASHINGTON, April 27 (Reuters) - The United States will ramp up deportations while also expanding legal pathways for would-be migrants as it braces for a possible spike in illegal border crossings when COVID-19 restrictions are set to end next month, U.S. officials said on Thursday.
The U.S. will double or triple the number of deportation flights to some countries and aim to process migrants crossing the border illegally "in a matter of days," the U.S. State Department and U.S. Department of Homeland Security (DHS) said in a fact sheet about their plans.
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At the same time, the U.S. will expand legal pathways for migrants, encouraging them to apply for refugee resettlement or other forms of entry at two new processing centers in Guatemala and Colombia without having to travel to the U.S.-Mexico border.
The centers, with the support of the United Nations, aim to screen 5,000 to 6,000 migrants each month as the United States has pledged to accept more refugees from within the Western Hemisphere. Canada and Spain have also said they would accept migrants through the centers, U.S. officials said.
The centers will also process family reunification applications, a program already available to Cubans and Haitians that will now be expanded to nationals of Colombia, El Salvador, Guatemala and Honduras, U.S. officials said. The program allows certain migrants with U.S. relatives to enter and work legally while they await their U.S. visas.
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The mix of immigration enforcement measures and new legal ways to enter the country is part of U.S. President Joe Biden's plan to address a possible increase in illegal immigration when COVID-19 border restrictions, in place since 2020, are expected to end on May 11.
Biden, a Democrat, has struggled politically with record numbers of migrants caught crossing the U.S.-Mexico border illegally and gradually toughened his approach to border enforcement.
Republicans have said Biden has failed to curb crossings and want a return to the more hardline approach of former President Donald Trump, the front-runner for the Republican presidential nomination.
Biden, who is seeking re-election in 2024, has tried to tread a careful line, angering some Democrats and immigration advocates by adopting more restrictive measures while at the same time promising a more humane approach than Trump.
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"Our border is not open and will not be open after May 11," Homeland Security Secretary Alejandro Mayorkas said during a news conference with Secretary of State Antony Blinken in Washington on Thursday.
Biden's plan for the lifting of the COVID restrictions, known as Title 42, centers on a new regulation expected to be finalized in the coming weeks that resembles Trump-era policies blocked by U.S. courts.
The regulation would deny asylum for migrants who passed through other nations without seeking protection there first or who failed to use U.S. legal options for entry.
AIMING FOR FEWER CROSSINGS
The Biden administration says this mix of deterrence and legal options has worked in the past to reduce the number of border crossers.
Earlier this year, after the United States began rapidly expelling Cubans, Haitians, Nicaraguans and Venezuelans back to Mexico under the Title 42 restrictions, the number of migrants caught crossing from those countries dropped dramatically.
Under the post-Title 42 plans, the U.S. intends to continue to send those migrants to Mexico, a U.S. official said during a call with reporters. The Mexican government did not respond to a request for comment.
In January, Biden launched a program that allows 30,000 migrants per month from Cuba, Haiti, Nicaragua and Venezuela with U.S. sponsors to enter the country by air. Those slots will remain open and migrants will also be able to apply for an appointment to approach the border via an online app.
Part of the plan is to increase the number of available appointments through the app, known as CBP One, the Biden administration said. Migrants have said appointments currently fill up within minutes each day.
To discourage Cubans from trying to enter the U.S. via perilous boat journeys, DHS said any Cubans caught attempting to travel by sea will now be ineligible for the humanitarian parole program launched in January.
The Biden administration is not planning to detain migrant families, Mayorkas said, echoing comments made by a top official earlier this month, but could monitor them with GPS tracking devices or a program similar to house arrest.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com.
US to establish immigration processing centers in Latin America
WASHINGTON (CN) — Under fire from Republicans as record-high levels of migrants trek across the U.S.-Mexico border each month, the Biden administration unveiled a plan Wednesday to cut them off at the pass as they make their way north.
Secretary of State Antony Blinken and Homeland Security Secretary Alejandro Mayorkas announced the plan for immigration centers on Thursday, calling them "a hugely important step to prevent people from making the dangerous journey to the border by providing a much safer legal option to migrate that they can pursue in and from their own countries."
The announcement comes two weeks before the Trump-era Title 42 border policy will expire on May 11. The regulation from the Department of Health and Human Services was put into action at the start of the Covid-19 pandemic and has been used more than 2 million times since then, allowing for quicker expulsion of migrants on public health grounds before they can seek asylum.
Starting May 12, Mayorkas said border agents will expel illegal immigrants by way of a different law, Title 8, which allows a similar expedited removal process. Those crossing illegally will be barred from entering the U.S. for at least five years and be ineligible for asylum.
“Those who do not have a legal basis to stay will have made the journey, often having suffered horrific trauma and having paid their life savings to the smugglers only to be quickly removed,” he said.
Against these measures, the U.S. is on track for another year of 2 million people arrested as they attempt to cross into the U.S. from Mexico illegally. The first time this happened in 2022 marked a first for the United States.
Republicans complain that the administration is not doing enough, and that immigration centers won't make a difference.
“Since Biden was inaugurated, we’ve lost operational control of our southern border,” Representative Clay Higgins, a Louisiana Republican, said in a press release Thursday. “We’re losing our country down there.”
Between 5,000 and 6,000 people a month will be processed a month at each center when the first two open in Guatemala and Colombia. These countries were chosen with an eye toward intercepting people either beginning or planning their journeys north.
“The whole model is to reach the people where they are, to cut the smugglers out and have them avoid the perilous journey,” Mayorkas said.
He predicted that this regional approach to immigration “can and will reduce the number of migrants who meet our southern border.”
Upon making appointments at the centers, the secretary noted, eligible individuals or families will rapidly processed through lawful pathways to immigrate to the U.S., Canada or Spain.
Mayorkas offered a message for people who expect that, without Title 42 in place, they will be able to get into the U.S. more easily.
“The smugglers’ propaganda is false,” he said. “Let me be clear: our border is not open and will not be open after May 11.”
Violence in a person's homeland is a long-recognized root of migration. When the organization Doctors Without Borders did a survey in 2015 of asylum seekers who hailed from El Salvador, Guatemala and Honduras — countries that make up the region known as the Northern Triangle — 39% percent cited attacks or threats to themselves or family as the reason for leaving. A similar number had a relative who was killed in the past two years. And 48% knew someone who was either kidnapped or who disappeared.
In a statement accompanying its official numbers last year, Customs and Border Protection officials attributed the uptick in part to "the large number of individuals fleeing failing communist regimes in Venezuela, Nicaragua, and Cuba."
Using August 2022 numbers as a snapshot, the agency noted that the 55,333 of people from Venezuela, Cuba or Nicaragua who entered from these countries in that one month represent over a third of total August numbers, a 175% increase from 2021.
Another third of the total came from Mexico and northern Central America, but this was a reduction for the third month in a row. Compared with August 2021, the U.S. saw a 43% decline in unique encounters with people from those countries.
To improve safety in the parts of the world that people are fleeing, the U.S. is coordinating with Panama and Colombia to disrupt criminal trafficking networks in the Darien corridor in Panama. Earlier this month, the Justice Department also announced sweeping charges for the leaders of Mexico's Sinaloa cartel.
Meanwhile the U.S. is also increasing resources at the border so that it can use tougher enforcement measures against people who cross the U.S.-Mexico border illegally. President Joe Biden authorized the Pentagon to activate the Ready Reserve, a Department of Defense program that maintains a pool of trained reservists who can be called to active duty if needed.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Thursday, April 27, 2023
Border officials are already short on space and money, and a massive migrant surge is coming
As the Biden administration braces for what is expected to be a record surge in migration across the southern border when Covid restrictions officially end May 11, federal immigration authorities and local officials are already short on the money and space needed to handle migrants.
On Sunday, about 18,000 migrants were in temporary Customs and Border Protection processing centers along the southern border, according to two officials of the Department of Homeland Security, already close to capacity under current budget levels.
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A DHS spokesman said the agency will be able to ramp up capacity to meet the needs of the expected increase in migration, citing a plan from Homeland Security Secretary Alejandro Mayorkas that will seek to remove migrants who do not qualify for asylum from the country more quickly.
But a DHS official speaking on the condition of anonymity said there is “anxiety” within the agency that under current funding and detention capacity levels, the agency will not be able to remove migrants quickly enough to prevent major bottlenecks along the southern border.
Customs and Border Protection Commissioner Troy Miller testified before Congress last week that he expects roughly 10,000 migrants to cross the border daily when the ban ends, doubling the current flow. Two DHS officials told NBC News the current immigration system at the U.S. border would be maxed out if numbers exceed 10,000, leaving Border Patrol and shelters without the capacity to take all undocumented migrants into temporary custody and process them.
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DHS has told the White House it needs more than $3 billion from Congress to increase its capacity to shelter, process and transport migrants along the border, according to two sources familiar with the request. Some of the needed funding can be reprogrammed from other parts of the agency, but the sources said DHS still needs Congress to approve a supplemental budget act to cover the deficit.
More money from Congress seems unlikely, however, because Republicans have been unwilling to fund anything related to President Joe Biden’s border agenda, arguing his administration promotes an open border policy.
Immigrants gather outside a migrant shelter on Jan. 6, 2023 in El Paso, Texas.
Immigrants gather outside a migrant shelter in El Paso, Texas, on Jan. 6.John Moore / Getty Images file
The Covid restriction known as Title 42 has blocked migrants from crossing the U.S.-Mexico border to seek asylum more than 2.5 million times since it was put in place at the start of the pandemic. It is the third time the Biden administration has been preparing to lift Title 42. The previous attempts were blocked by courts, but this time a court challenge does not seem likely to prevent the ban from lifting on May 11.
In El Paso, believed likely to become one of the centers of the surge, managers of local nonprofit groups that serve migrants estimate 1,000 are already sleeping on the streets. City officials say they need more funding from the federal government to cover expenses like transportation, staffing and city-run shelters when even larger crowds arrive.
“Right now, we are preparing for the worst case. I don’t know if we in the community are ready for it,” said John Martin, the deputy director of the Opportunity Center for the Homeless in El Paso. “Right now, we are picking up the tab. … We’re digging into our own pocket.”
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Local officials in El Paso say the federal government already owes them money for the ongoing local response to border crossings. Speaking with reporters Monday, Deputy City Manager Mario D’Agostino said the city is awaiting a total of $25.8 million from the Federal Emergency Management Agency out of the total $40.2 million requested for fiscal year 2023. He said the city already has $14.4 million of the requested funds.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
'You don't get to say that...!' House members clash on border witness who was also at Jan. 6
Sparks flew during a Wednesday hearing of a House Judiciary subcommittee after a Democratic member questioned a witness who testified about border security – but also participated in the pro-Trump rally in Washington on Jan. 6, 2021.
The hearing of the Subcommittee on Immigration Integrity, Security, and Enforcement featured the testimony of three witnesses who are anti-immigration advocates. One of them, Sheena Rodriguez, runs a fledgling anti-immigration organization in Texas.
Rodriguez also sent several tweets from Washington, D.C., before, during and after Jan. 6, discussing her presence at or around the Capitol.
Rep. Eric Swalwell, D-Calif., used his time in the hearing to question Rodriguez about her role in the insurrection, which left a rioter and several police officers dead, and has led to 1,000 prosecutions so far.
“You asked people to fight for Trump, and you took a picture of yourself near the Capitol,” Swallwel said to Rodriguez. “When you ask people to fight for Trump, and they ultimately fought for Trump, do you regret those words?”
Rodriguez responded by questioning what her presence at the Capitol on Jan. 6 had to do with the subject-matter of the hearing, which was border policy and the plight of unaccompanied minors who cross the US border.
A USA TODAY review of of Rodriguez’s social media showed numerous posts placing her at or around the Capitol before, during and after the Jan. 6 insurrection. None of the posts showed she entered the Capitol building itself.
Following the exchange Wednesday, Rep. Troy Nehls, R-Texas, ripped into Swalwell, and things got personal quickly. Nehls apologized to Rodriguez for Swalwell’s questioning about her credibility, then referred to Swalwell’s “checkered past” and “alleged affairs.”
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Swalwell interrupted, saying “No, no, no. You don’t get to say that s---.”
Swalwell’s Democratic colleagues also intervened on his behalf, asking that Nehls’ comments be taken down. Rep Tom McClintock (R - CA), who chairs the committee, called a recess of the meeting, then asked Nehl if he would like to withdraw his words.
“Yes,” Nehls responded.
Border policy:Trump-era restriction to expire in May. But new rules may be no easier on border crossers
Troy Nehls is the U.S. representative for Texas's 22nd congressional district
What did congressional witness do on Jan. 6?
The tense exchange was sparked by Swalwell’s concerns about Rodriguez’s qualifications as a witness, given her presence at the Capitol protests on Jan. 6.
Rodriguez posted photos and videos from the Capitol protest on Jan. 6 on her Twitter account and on Instagram. In one selfie, she’s standing by Doug Mastriano, the Pennsylvania state senator who was questioned by the Jan. 6 commission (and refused to answer any questions).
On Jan. 7, Rodriguez quote-tweeted the FBI, which was asking witnesses to come forward.
“I will be submitting my information on what I witnessed first-hand,” Rodriguez wrote.
Asked during Wednesday's hearing if she crossed any police barricades on Jan. 6, she replied, "Not that I'm aware of."
Rodriguez runs the organization Alliance for a Safe Texas. Founded last year, the group’s mission is “to inform and educate our fellow Texans of the consequences of illegal immigration and the open border policies,” according to its website.
While many activists who favor stricter immigration enforcement rally around the idea that the border is “open,” almost 200,000 people were either apprehended or expelled at the Southwestern U.S. border last month, and more than 1 million people have been either apprehended or expelled since Jan. 1.
Jan. 6 suspects ID'd, but not arrested:After Jan. 6 riot, hundreds of identifiable people remain free
Rep. Eric Swalwell, D-Calif., filed suit against Trump and his associates in 2021 for inciting the Jan. 6 riot.
What was the subcommittee testimony supposed to cover?
Wednesday’s subcommittee hearing focused on unaccompanied children who are found crossing the border. Those children enter the custody of the Department of Health and Human Services, and generally are later released to a relative or other sponsor in the U.S.
But conservatives have claimed this system puts those children at risk, and Wednesday’s subcommittee meeting witnesses argued that children would be better off sent back to their home countries.
Those witnesses also have taken hard-line stances on border issues, including echoing extremist rhetoric about immigration.
Alliance for a Safe Texas “regularly shares information from SPLC-designated anti-immigrant hate groups such as the Center for Immigration Studies, and bigoted conspiracy theorists,” according to America’s Voice, a left-leaning immigration advocacy group.
Rodriguez, who frequently refers to immigration as an “invasion,” has also promoted the racist “Great Replacement” conspiracy theory on her Substack page. In August, she posted links to a short documentary entitled “Intentional Invasion,” which posits that the Biden administration is purposefully allowing immigrants into the country.
Rodriguez was joined by Jessica Vaughn, Director of Policy Studies at the Center for Immigration Studies, a group that bills itself as a "pro-immigrant, low-immigration" research group that seeks "fewer immigrants but a warmer welcome for those admitted." It has been labeled a hate group by the Southern Poverty Law Center.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Immigrants waiting 10 years in US just to get a court date
SAN DIEGO (AP) — U.S. immigration offices have become so overwhelmed with processing migrants for court that some some asylum-seekers who crossed the border at Mexico may be waiting a decade before they even get a date to see a judge.
The backlog stems from a change made two months after President Joe Biden took office, when Border Patrol agents began now-defunct practice of quickly releasing immigrants on parole. They were given instructions to report to a U.S. Immigration and Customs Enforcement office at their final destination to be processed for court — work previously done by the Border Patrol.
The change prevented the kind of massive overcrowding of holding cells in 2019, when some migrants stood on toilets for room to breathe. But the cost became evident as ICE officers tasked with issuing court papers couldn’t keep pace.
Offices in some cities are now telling migrants to come back years from now, and the extra work has strained ICE’s capacity for its traditional work of enforcing immigration laws in the U.S. interior.
“We’re being stretched to the limit,” said Jamison Matuszewski, director of enforcement and removal operations in San Diego.
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As for migrants, waits to get a court date vary. In New York, ICE told asylum-seekers this month to return in March 2033, U.S. Rep. Henry Cuellar, a Texas Democrat, said at a recent hearing. In nine other cities — San Antonio; Miramar, Florida; Los Angeles; Jacksonville, Florida; Milwaukee; Chicago; Washington; Denver; and Mount Laurel, New Jersey — the wait is until March 2027.
Until then, the migrants in question won’t even get an initial court appearance on the books, though they can live and work in the U.S. After that, their case will work its way through the U.S. immigrant courts — a process that takes about four years amid a backlog that reached 2.1 million cases in January, up from about 600,000 in 2017.
“The asylum system is in dire need of reform from top to bottom,” Homeland Security Secretary Alejandro Mayorkas told reporters last week when asked about the waits for a court notice.
Tae Johnson, ICE’s acting director, told lawmakers the agency wants to use online interviews to help cut the 10-year waits and that he wants congressional authority to issue court orders electronically. He also said more funding would go a long way toward “quickly eliminating” the backlog.
Dozens, sometimes hundreds, of people show up at ICE offices seeking answers. A recent Government Accountability Office report mentioned one office — city unnamed — that saw 300 to 500 recent immigrants appear some days, mostly without appointments.
“The lines outside the building are just massive,” said Camille Mackler, executive director of Immigrant ARC, a coalition of legal service providers in New York. “People are lining up the night before. It’s been chaos.”
ICE officials say it takes up to six hours to process a large family for court, fueling delays. ICE was responsible for 5.3 million cases of families and individuals not in custody at the end of February, up from 3.6 million 17 months earlier.
In March, a federal judge in Florida ordered the Biden administration to stop releasing migrants at the border with instructions to report to an ICE office. The administration didn’t appeal that ruling but had virtually ended the practice known as humanitarian parole anyway as it implemented stricter immigration measures at the U.S.-Mexico border. There were only seven cases in March.
But ICE offices — particularly in cities such as New York and Miami that are the final destination for many migrants — are still dealing with a huge backlog.
In San Diego, which is not a final destination for many migrants and therefore not as affected, people showing up get court dates immediately. But there’s still a line. Shortly after opening one recent morning, a receptionist had given out some two-dozen pagers for overflow visitors to wait in a cafeteria.
ICE also still must fulfill its role of deporting people in the United States — painstaking work that can require hours of surveillance for one person.
On a recent day in Oceanside, north of San Diego, about 10 agents convened in a shopping mall parking lot at about 4 a.m. to be briefed on a 49-year-old who had been returned to Mexico 17 times since 1999. U.S. authorities believed he smuggled migrants across the border, making him a priority.
“It’s going to be quick and swift,” the lead investigator told the team, advising them that the man leaves home between 5:50 a.m. and 6:10 a.m. When the man entered his car on a quiet cul-de-sac street 10 minutes early, officers in three vehicles with flashing lights pulled up to the front, back and driver’s door.
No sirens were used and it was unlikely that neighbors were woken, except perhaps by the man’s wailing cries for his mother as he was handcuffed against his car.
Matuszewski said he has shied away from knocking on doors and cajoling people outside to make arrests, partly because it has become widely known that officers generally lack court-ordered warrants and have no authority to enter.
“Now we focus more on watching when you leave the house, where you go, where’s your business, where you stop in between,” Matuszewski said.
Despite a $9-billion budget last year, ICE has always been limited by resources. Biden tried narrowing priorities to people deemed public safety or national security threats or recent border crossers in a case that the Supreme Court is expected to decide this year.
The GAO report found 75% of migrants paroled at the border reported to ICE as instructed.
Matuszewski is turning attention to those who fail to appear.
In February, he started issuing misdemeanor citations in the San Diego region with fines up to twice the value of the monitoring device. If successful, he hopes the tactic will be used nationally.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
House Homeland Security panel debates another GOP border bill
The top Democrat on the Homeland Security Committee tore into Republican-led border security legislation that he called “profoundly immoral,” previewing a partisan clash at a Wednesday markup over the key Republican issue.
Rep. Bennie Thompson of Mississippi said in his opening remarks at the markup that the proposed bill “would sow chaos at the border by essentially shutting down the asylum process.”
Thompson took issue particularly with provisions in the Republican-led bill that would strip government funding from nonprofits that provide certain humanitarian assistance to migrants.
Chairman Mark E. Green of Tennessee proposed the 68-page bill that aims to beef up security technology at the border, a key focus of the House Republican majority amid high levels of migration.
Last week, the Judiciary Committee after an all-day markup advanced counterpart legislation that would restrict asylum access at the border and ramp up penalties for immigration violations.
Green indicated at the Wednesday meeting that his committee’s bill has the support of all Republicans on the panel, and said the bill was introduced by him and “all my Republican colleagues on the committee.”
The legislation, released on Monday, would restart construction of the border wall, increase the number of Border Patrol agents and modernize border security technology.
It would also prevent Customs and Border Protection from allowing migrants to schedule appointments at the border to make asylum claims via the CBP One app, which was recently expanded for that purpose. The bill would permit the app to be used “only for inspection of perishable cargo.”
Thompson criticized his Republican counterparts failing to consult with Democrats about the bill and instead sharing the text with them at the last minute. “That’s just not how we’ve done things around here. That’s not how we should do things,” Thompson said.
Green said at the Wednesday meeting that the Homeland Security and Judiciary Committee bills “must move together,” indicating the two committees’ bills would later be combined.
However, it’s unclear how the two border bills – either separately or together – would fare on the floor.
One Republican on the Judiciary Committee, Rep. Thomas Massie of Kentucky, joined Democrats in voting against advancing that panel’s legislation.
Several House Republicans, including Homeland Security Committee member Rep. Tony Gonzales of Texas, have previously raised concerns that earlier Republican-led border security proposals have gone too far in restricting asylum.
Gonzales said at the Wednesday meeting that the Homeland Security Committee bill is a “great start.”
But Gonzales told reporters last week that there are “a lot of members that have a lot of issues” with the Judiciary Committee’s border bill. Gonzales has also said he would vote against raising the debt ceiling “if bills come on the floor that are going to strip away the few legal [migration] paths that we have.”
Speaker Kevin McCarthy, R-Calif., can lose no more than four Republican votes to pass party-line legislation on the floor, assuming full attendance.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
House Homeland Security panel debates another GOP border bill
The top Democrat on the Homeland Security Committee tore into Republican-led border security legislation that he called “profoundly immoral,” previewing a partisan clash at a Wednesday markup over the key Republican issue.
Rep. Bennie Thompson of Mississippi said in his opening remarks at the markup that the proposed bill “would sow chaos at the border by essentially shutting down the asylum process.”
Thompson took issue particularly with provisions in the Republican-led bill that would strip government funding from nonprofits that provide certain humanitarian assistance to migrants.
Chairman Mark E. Green of Tennessee proposed the 68-page bill that aims to beef up security technology at the border, a key focus of the House Republican majority amid high levels of migration.
Last week, the Judiciary Committee after an all-day markup advanced counterpart legislation that would restrict asylum access at the border and ramp up penalties for immigration violations.
Green indicated at the Wednesday meeting that his committee’s bill has the support of all Republicans on the panel, and said the bill was introduced by him and “all my Republican colleagues on the committee.”
The legislation, released on Monday, would restart construction of the border wall, increase the number of Border Patrol agents and modernize border security technology.
It would also prevent Customs and Border Protection from allowing migrants to schedule appointments at the border to make asylum claims via the CBP One app, which was recently expanded for that purpose. The bill would permit the app to be used “only for inspection of perishable cargo.”
Thompson criticized his Republican counterparts failing to consult with Democrats about the bill and instead sharing the text with them at the last minute. “That’s just not how we’ve done things around here. That’s not how we should do things,” Thompson said.
Green said at the Wednesday meeting that the Homeland Security and Judiciary Committee bills “must move together,” indicating the two committees’ bills would later be combined.
However, it’s unclear how the two border bills – either separately or together – would fare on the floor.
One Republican on the Judiciary Committee, Rep. Thomas Massie of Kentucky, joined Democrats in voting against advancing that panel’s legislation.
Several House Republicans, including Homeland Security Committee member Rep. Tony Gonzales of Texas, have previously raised concerns that earlier Republican-led border security proposals have gone too far in restricting asylum.
Gonzales said at the Wednesday meeting that the Homeland Security Committee bill is a “great start.”
But Gonzales told reporters last week that there are “a lot of members that have a lot of issues” with the Judiciary Committee’s border bill. Gonzales has also said he would vote against raising the debt ceiling “if bills come on the floor that are going to strip away the few legal [migration] paths that we have.”
Speaker Kevin McCarthy, R-Calif., can lose no more than four Republican votes to pass party-line legislation on the floor, assuming full attendance.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
U.S. takes new steps to reduce migrant arrivals when Title 42 border rule ends in May
Washington — The Biden administration on Thursday announced it will set up migrant processing centers in Latin America, increase deportations and expand legal migration pathways in a bid to reduce the number of migrants crossing the U.S.-Mexico border unlawfully.
The moves are part of the administration's effort to reduce and slow migration to the U.S.-Mexico border, where officials are preparing to discontinue a pandemic-era policy known as Title 42 that has allowed them to swiftly expel migrants over 2.7 million times since March 2020 without processing their asylum claims.
Title 42 is set to end on May 11 with the expiration of the national COVID-19 public health emergency. Officials have made internal projections that migrant arrivals to the southern border could spike to between 10,000 and 13,000 per day next month.
In fact, unlawful border crossings have already increased in the lead-up to the policy change, especially in Texas' Rio Grande Valley, a senior U.S. official told CBS News. On Tuesday alone, Border Patrol recorded 7,500 apprehensions of migrants, a more than 40% increase from March's daily average, the official said.
The brick-and-mortar processing centers announced Thursday will serve as regional hubs to screen migrants and determine whether they qualify for different options to enter the U.S. legally, including through traditional refugee resettlement, family visa programs, a sponsorship initiative for certain countries and temporary work visas.
The centers would be located in key choke-points in Latin America that many migrants transit through en route to the U.S. southern border, starting with Colombia and Guatemala. Senior administration officials said the U.S. is "in discussions" with other countries to expand the number of processing centers.
Migrants in Mexico
FILE -- Men carry children on their shoulders as they set off on foot with other migrants toward the north in Tapachula, Mexico, on June 6, 2022.
DANIEL DIAZ/PICTURE ALLIANCE VIA GETTY IMAGES
Migrants processed at the regional hubs will also be vetted for eligibility to remain in the hosting country or to be resettled in Canada or Spain, which have agreed to take referrals from the centers, according to the senior U.S. officials, who requested anonymity to discuss the plan during a briefing with reporters. CBS News first reported the establishment of the migrant centers on Wednesday.
The administration also announced on Thursday that it would expand a family reunification program that currently allows Haitians and Cubans to come to the U.S. once they have approved immigrant visa requests from family members who are U.S. citizens or permanent residents.
That program will be expanded to Colombia, Guatemala, El Salvador and Honduras, allowing citizens of those countries to come to the U.S. under the humanitarian parole authority before their immigrant visas become available if their U.S.-based relatives' requests to sponsor them for a visa have been approved.
To deter unlawful crossings after Title 42's end, the Biden administration has been working to finalize a rule that would disqualify migrants from asylum if they enter the country illegally after failing to seek humanitarian protection in a third country they transited through on their way to the U.S.
Administration officials have argued the policy, which resembles a Trump administration rule, will discourage illegal crossings, and encourage migrants to apply for two initiatives it unveiled in January: a sponsorship program that allows up to 30,000 Cubans, Haitians, Nicaraguans and Venezuelans to fly to the U.S. each month, and a phone app that asylum-seekers in Mexico can use to request entry at ports of entry along the southern border.
In a statement Thursday, the Department of Homeland Security said the number of weekly deportation flights to some countries would double or triple. A senior administration official said the U.S. is planning a "significant" expansion of fast-track deportations under a process known as expedited removal to impose "stiffer consequences" on those who enter the U.S. without authorization.
Once Title 42 lifts, the U.S. intends to continue deporting Cubans, Haitians, Nicaraguans and Venezuleans to Mexico if they cross the southern border unlawfully, the official said. The deportations would be carried out under immigration law, instead of Title 42, and lead to deportees being banned from the U.S. for five years. If they attempt to cross the border after being deported, the official added, they could face criminal prosecution.
The Biden administration earlier this month also launched an initiative to speed up the initial asylum screenings that migrants undergo when they are processed under regular immigration laws, instead of Title 42. Migrants enrolled in the program are being interviewed by U.S. asylum officers by phone while in Border Patrol custody, a shift from the long-standing practice of waiting until they are placed in long-term facilities.
Earlier this week, U.S. Citizenship and Immigration Services said it would be reassigning nearly 480 employees to help the 1,000-member asylum officer corps conduct these "credible fear" interviews, which determine whether migrants are deported or allowed to seek asylum, according to an internal notice obtained by CBS News.
The measures announced on Thursday also addressed concerns about the sharp increase in maritime migration in the Caribbean sea and Florida straits over the past year. The administration said it would be disqualifying Cuban and Haitian migrants from the sponsorship program launched earlier this year if they are interdicted at sea by the U.S. Coast Guard.
During the briefing with reporters, a senior U.S. official noted the administration is "fully cognizant that many of these measures are vulnerable to litigation," saying the only "lasting solution" can come from Congress. Republican-led states are currently asking a federal judge to block the sponsorship program, arguing that the administration does not have the authority to admit 30,000 migrants each month outside the visa system.
The processing centers are part of a broader Biden administration campaign to enlist the help of countries in the Western Hemisphere to manage unauthorized migration — a commitment that 20 nations made in the Los Angeles Declaration on Migration and Protection during the Summit of the Americas in June 2022.
Earlier this month, the governments of the U.S., Colombia and Panama announced a two-month operation to curb migrant smuggling in the Darién Gap, a roadless and mountainous jungle that tens of thousands of migrants have traversed over the past year en route to the U.S.-Mexico border.
As part of planning related to Title 42's end, U.S. officials have considered reinstating the practice of detaining some migrant families with children in detention centers, a controversial policy that the Biden administration discontinued in 2021.
Asked whether the practice would be revived, Secretary of Homeland Security Alejandro Mayorkas told CBS News during an interview last week that "no decision" had been made.
But Mayorkas noted that "deterrence alone will not solve the challenge of migration."
For more information https://www.beverlyhillsimmigrationlaw.com/.
Wednesday, April 26, 2023
Democrat Mayor Braces for Border Chaos as Title 42 Ends
The Democratic mayor of El Paso, Texas, announced that he will declare a state of emergency as the city prepares for an influx of migrants ahead of Title 42's anticipated expiration next month.
Title 42, a Trump administration pandemic-era rule that allows authorities to send migrants back over the border without going through a formal asylum process, is set to expire on May 11 after months of legal debate about whether the rule should remain post-pandemic. President Joe Biden has ultimately decided to let it expire, drawing backlash from Republicans and some Democrats who have warned that chaos would ensue without it. Critics of Title 42, however, say the public health order should not be used as immigration enforcement that deprives migrants of their legal rights.
El Paso Mayor Oscar Leeser announced plans for how one of the largest border cities in the United States will prepare for a rise in migrants crossing the U.S.-Mexico border when the rule expires.
Leeser will declare a state of emergency prior to May 11, he said during a meeting on Monday as the city anticipates an influx of tens of thousands of migrants, according to El Paso-based television news station KFOX-TV.
The Mayor of El Paso Oscar Leeser
The Mayor of El Paso Oscar Leeser (2nd R) is led away as US President Joe Biden (2nd L) walks along the US-Mexico border fence in El Paso, Texas, on January 8, 2023. Leeser on Monday announced that he will declare a citywide emergency declaration as the city prepares for an influx of migrants once Title 42 expires next month.
JIM WATSON/AFP VIA GETTY IMAGES
"We will do it prior to May 11, to declare a state of emergency, for the main reason being we want to make sure we have schools prepared and ready to go, the civic center ready to go and it's going to be very important that we are prepared strictly for temporary housing," he said,
Deputy City Manager Mario D'Agostino said up to 35,000 migrants could cross the border once Title 42 ends, though the exact number of expected migrants remains uncertain.
"But the concerning thing is for hearing that there's 3 to 4 hundred coming via freight train daily, just freight train entry daily in Ciudad Juarez and so that number, whatever it is, it continues to grow," D'Agostino said, the news station reported.
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Newsweek reached out to Mayor Leeser and the White House for further comment via email.
According to KFOX, the city is preparing to use vacant schools to take in migrants and will turn to their convention center if they become full. They could also use hotels for shelters if needed. D'Agostino said plans are not concrete, as both the city and the federal government is not entirely sure how many migrants will cross the border.
Biden Critics Call Out Administration for Letting Title 42 Expire
Title 42 has emerged as a difficult issue for Biden, who announced his 2024 reelection campaign on Tuesday. He has found himself stuck between his promises to embrace a more humanitarian-focused immigration policy than his predecessor, and Republican attacks blaming him for rising border crossings.
He has supported letting the measure expire but has faced criticism from his party's progressive wing over his immigration policy, which many view as too conservative.
Attempted border crossings have increased in the years following the COVID-19 pandemic, according to U.S. Customs and Border Patrol data. There were 458,088 encounters throughout all of 2020, and that number rose to 2,378,944 in 2022. In the first three months of 2023, there were 1,223,067 crossings.
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Biden administration critics say these increased numbers stem from Biden's allegedly lax border policies. Others, however, say external factors, including civil unrest in some Central American countries, are fueling increased migration to the United States.
Senator Ted Cruz, a Texas Republican, shared news of the emergency declaration, warning of the effects Title 42's expiration will have on border towns.
"The termination of Title 42 will be disastrous for Texas border towns," he wrote. "President Biden doesn't care about the pain he's inflicting on Texans that live along the southern border."
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
U.S. urges organizations to sponsor immigrants to stem 'dangerous' migration
HAVANA — The U.S. is making efforts to expand the number of people in organizations who are willing to sponsor immigrants from Cuba and other countries as part of the Biden administration’s parole program, according to the U.S. chargé d’affaires in Havana, Benjamin Ziff.
The parole program was initially rolled out in October 2022 for Venezuelans and extended in January to include Cubans, Nicaraguans and Haitians. Up to 30,000 people from the four countries are eligible for humanitarian parole every month, entitling them to work in the U.S. for two years. Anyone who tries to cross the border illegally is returned to Mexico and denied a chance to seek asylum.
So far, over 16,000 Cubans have emigrated to the U.S. through the program.
One of the conditions to apply for the parole program is to have a sponsor in the United States.
The Cuban, Haitian, Nicaraguan, Venezuelan program that began in January is "innovative in that you don’t have to have family or friends as sponsors,” Ziff said in an interview with NBC News in Havana. “An NGO, a church, any organization can sponsor an immigrant to go to the United States under the program.”
Ziff said the goal of the program is to have “legal, orderly and safe migration.”
U.S. Chargé d’Affaires Benjamin Ziff at the American Embassy in Havana, Cuba on April 18, 2023
U.S. Chargé d’Affaires Benjamin Ziff at the American Embassy in Havana, Cuba on Tuesday.Roberto Leon / NBC News
In Cuba, some of those seeking to migrate who don’t have close relatives in the U.S. have been victims of scams. Others resort to making the perilous trip on makeshift boats through the Straits of Florida.
“Representatives from the Office of Cuban Affairs at the Department of State and the U.S. Embassy in Havana constantly encourage institutions to sponsor the parole program,” Ziff added in a statement. “We frequently engage with representatives from religious, non-governmental, humanitarian, and other organizations both in the United States and in Cuba.”
The number of those coming by sea has shot up in recent times. Since October, the Coast Guard has interdicted 6,317 Cubans, compared to 6,182 in Fiscal Year 2022 and 838 in 2021.
Cuba maintains that the U.S. Cuban Adjustment Act, a 1962 law, promotes irregular migration by allowing most Cubans who are admitted and given parole in the U.S. to apply for legal residency in the country after a year and a day.
The Biden administration has struggled with record numbers of migrants attempting to cross the U.S.-Mexico border. Over 220,000 Cubans arrived at the U.S.-Mexico border in 2022, more than any year on record.
Illegal border crossings have dropped sharply since the parole program was announced in January.
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Cuba has been roiled in an economic crisis fueled by a decline in tourism since the pandemic, tightened U.S. sanctions and a centralized economic model. Shortages in food, medicine and power are rampant. Inflation has caused the price of basic foods to skyrocket and an ongoing gasoline shortage is leading to hourslong queues.
The U.S. and Cuba held a fresh round of migration talks in Washington last week.
“We touched on the various elements of the migration situation, we discussed the role of the U.S. embassy in Havana in issuing visas,” Ziff said.
Rustic boat at the bottom of the ocean near the beach of Marianao in Havana, Cuba, likely used by Cuban migrants trying to reach Florida.
Rustic boat at the bottom of the ocean near the beach of Marianao in Havana, Cuba, likely used by Cuban migrants trying to reach Florida.Roberto Leon / NBC News
The U.S. embassy in Havana resumed full immigrant visa processing in January after being closed since 2017, but nonimmigrant visas are still on hold.
“We do not have the status or the facilities that we had a few years ago to be able to supply the nonimmigrant visas,” Ziff said.
He said once they have a normal staff and get through the back log of immigrant visas, they will explore resuming non-immigrant visa services at the embassy.
"We have to increase our staffing here from the United States. At the same time the Cuban government facilitates our logistical needs for houses and staff and visas and other elements that require their help to be able to re-staff the embassy," said Ziff. "I think the Cuban government is willing to assist us in this important task, and we are looking to get back to normal operations as soon as we possibly can."
The meetings on migration happen twice a year and a date for the next round of talks has not been set yet.
Ziff also said the U.S. is “looking for a correct and pragmatic relationship with the Cuban government. There is a realm of interests that we share with Cuba, with the Cuban people.”
“We have a very deep disagreement with the Cuban government on its Human Rights policies and its lack of freedoms on the island, but at the same time we have other interests that are important to us, that we will continue to work on, that are relevant to the U.S. interests in the region,” Ziff said.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Providing Financial Products To Immigrants Is Easier Than You Think
For the 5.9 million U.S. households that were unbanked in 2021—meaning that no one in the household had a checking or savings account at a financial institution (FI)—a bank account may seem like an unattainable privilege. It’s hard to live the “American dream” without a bank account.
Immigrants—which represented roughly 26% of the U.S. population in 2021—are particularly susceptible to being underbanked because they likely don’t have identification such as a social security number (SSN) when they first arrive in the U.S. They may also be “credit invisible” if their previously accumulated credit data is not recognized by U.S. credit bureaus.
So while some FIs would like to offer financial products to the unbanked, they have to balance that with the inherent risks that come with offering financial products, such as fraud, and their legal obligations to meet customer identification program (CIP) requirements.
The Challenge For FIs
FIs are in the business of risk just as much as they are in the business of money. With each customer they onboard, an FI has to consider what potential losses they might incur if that customer is fraudulent. They also have to consider the risk of mistakenly facilitating transactions that violate U.S. BSA/AML laws.
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An FI can reduce both risks by properly verifying an applicant’s identity. However, since immigrants applying for a bank account, credit card or loan often lack the basic identification documents that most U.S. residents carry, the immigrant may not initially appear to have the necessary data for an FI to fulfill their obligations.
What’s Required To Verify Immigrants
Verifying immigrants for American financial products requires a few key pieces of information that are easier to obtain than some people may realize.
The Bank Secrecy Act (BSA) and Patriot Act require FIs to collect and verify a person’s name, date of birth, address and “identification number” before opening an account. For an American-born applicant, this identification number will be either their taxpayer identification number or their SSN.
Immigrants, especially those who are new to the U.S., may lack an SSN, but in these cases, FIs are permitted to use a variety of documents, including an application for an Individual Taxpayer Identification Number (ITIN), a passport number and country of issuance or “any other government-issued document evidencing nationality or residence and bearing a photograph,” according to federal guidelines.
While an FI is required to obtain specific pieces of information about an applicant, guidance from FINCEN also states: “a bank need not establish the accuracy of every element of identifying information obtained but must do so for enough information to form a reasonable belief it knows the true identity of the customer.”
The Challenge For Immigrants
Even though FIs can reasonably verify an immigrant’s identity using ITINs and other documents, many have yet to develop workflows embracing this reality. FIs failing to leverage this opportunity force immigrants, and the potential revenue opportunity they represent, to remain outside the American banking system.
In a recent study by Nova Credit which surveyed 300 recent immigrants to the US, nearly half of the respondents (49%) cited a credit card as the product they had the most difficulty getting after arriving in the U.S., and 40% cited a bank account as difficult to get—compared to finding a place to live (38%), setting up phone service (34%) and getting a car (27%). Securing a credit card was among their top priorities for research before moving—only behind finding a place to live.
Missing out on providing financial services to the immigrant community means missing out on upwards of 84.8 million customers. There’s no legal reason not to give immigrants and non-U.S. citizens a U.S. bank account. And it doesn’t have to be that much more frictional to onboard immigrants and non-U.S. citizens, either.
Forming A Reasonable Belief
So how does an FI form a reasonable belief that it knows the true identity of an immigrant or a non-U.S. citizen applicant? First, the FI must obtain the information outlined by FDIC in 31 CFR 1020.220(a)(2)(i). Second, it must develop risk-based procedures that are reasonably designed to verify the identity of the applicant. Remember, FIs must obtain the required CIP information but are not required to verify the accuracy of all of the information obtained.
A growing number of FIs utilize alternative verification methods to achieve this goal. Some FIs utilize data from a third-party credit bureau and authenticate it based on the local country’s requirements. Others use document verification tools to verify an applicant’s foreign passport or driver’s license and behavioral biometric data to identify potentially fraudulent applicants.
FIs can also utilize progressive onboarding. Progressive onboarding allows applicants who pose a higher risk or may be more difficult to verify (for any reason) to access some products or services, but not all. For example, once an FI has obtained the required CIP information to verify an immigrant applicant’s identity, they can start the immigrant off on a really low credit limit to reduce any potential fraud risk, then slowly ramp up that credit limit as the applicant proves themself to be a genuine customer.
Reasons For Optimism
Thanks in part to the rise of fintech over the past several years, the number of unbanked U.S. households has steadily been decreasing from 7.1 million U.S. households unbanked in 2019 to 5.9 million unbanked in 2021. Many fintech companies and neobanks have seen success in building and delivering financial products and services to unbanked and underbanked communities.
A Win-Win
Access to financial services is critical for immigrants to integrate into America. At the same time, strengthening their ability to onboard immigrants and non-U.S. citizens is both an ethical and financial win for FIs. It not only helps to make financial services more inclusive for all, but it opens up a vast untapped market. Doing the right thing while increasing your bottom line? I’d call that a win-win.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Florida GOP is on the verge of passing a Ron DeSantis-backed immigration bill
TALLAHASSEE, Fla. — At the urging of Gov. Ron DeSantis, Republican supermajorities in the Florida Legislature are preparing to pass a sweeping immigration bill that would give millions of dollars to his controversial program transporting migrants to Democratic areas.
Over the past year, DeSantis has increasingly used immigration as a political cudgel to hammer President Joe Biden's southern border policies and build his own standing with the national conservative base in the run-up to his likely 2024 presidential bid.
The latest iteration in DeSantis’ push comes in the form of a 50-page legislative deal, SB 1617, filed Sunday night after weeks of negotiations between House and Senate Republicans.
Republicans in the state House passed the measure out of committee along party lines on Monday. The proposal will get a Senate hearing on Tuesday, and is expected to get floor consideration as soon as later this week.
The measure would give $12 million to DeSantis’ migrant flight program, which received national attention in September, after the administration paid to fly 50 migrants, who were mostly from Venezuela, from Texas to Martha’s Vineyard, Massachusetts, a move supporters say was done to highlight the Biden administration’s failure at the southern border. A chorus of opponents said it turned vulnerable asylum-seekers into political pawns.
The legislation, which received its first committee hearing less than 24 hours after it was filed, would also:
bar Florida local governments from spending taxpayer dollars on identification cards for people who can not provide proof of citizenship;
invalidate a driver’s license issued by another state to someone who can not prove their citizenship;
require hospitals that accept Medicaid to include a question on intake forms about the patient’s citizenship status;
remove a provision previously signed into law by former Florida Gov. Rick Scott that allows undocumented law school graduates admission to The Florida Bar;
increases penalties for human trafficking-related offenses to a second-degree felony;
and requires anyone in custody of law enforcement who is subject to a U.S. Immigration and Customs Enforcement immigration retainer to submit a DNA sample to a statewide DNA database.
Supporters of the plan said that opponents were acting in bad faith by mixing the idea of legal and illegal immigration.
“Let’s be clear … this bill is not addressing legal immigration, this is addressing illegal immigration,” said Republican state Rep. Chase Tramont. “And far too often people like to conflate the two.”
Democrats said the bill was mean-spirited, and more broadly argued that immigration reform should be handled by Congress.
“This bill does not address the actual problem of immigration. It is a bad solution for a very real problem. Not just for Florida, this is a problem in our nation,” said Democratic state Rep. Christopher Benjamin. “We should be doing more to press our federal government to fix this problem. But this bill harms more than it helps.”
Democrats put forward a series of amendments to try and dull some of what they see as the bill’s most controversial provisions, but they were all easily dispatched by the House Commerce Committee’s Republican majority.
“These amendments sometimes feel futile, but I am identifying all the points that could make the bill better,” said Rep. Dottie Joseph, a Democrat who acknowledges the proposed changes would not pass. “I really just want us to think about it.”
One of the bill’s more contentious provisions, as has been the case over the past few years, is whether to require all state employers to use E-Verify, a federal database used to check a potential employee’s eligibility.
Conservatives have long urged the state to require all employers to use the system, something dubbed “mandatory E-Verify.” But the state’s influential business lobby has successfully opposed that push, objecting over compliance costs and out of fear it could cost them low-wage workers.
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In 2020, for instance, Florida tried to implement mandatory E-Verify but the proposal was watered down to require it only for government employers, not those in the private sector. The change came after an intense lobbying effort from the business sector.
This year’s bill would require employers with 25 or more workers to use E-Verify. Current law allows private employers to either use E-Verify, or the same documentation required for the I-9 process. I-9s are federal forms used by employers requiring them to explicitly state they reviewed documents that allow an employee to legally work in the United States.
“The employer would have to take the I-9 form, they would enter it into the E-Verify system, which is very simple,” co-sponsor Kiyan Michael, a Republican who was endorsed by DeSantis, told the committee of how her bill would beef up E-Verify requirements. “The system will let them know almost immediately if that person is eligible to be employed.”
Lobbyists for state business groups told the committee it was a step in the right direction, but said they wished the E-Verify exemption was higher than 25 people.
The consideration of the immigration deal comes with just two weeks left in Florida’s annual legislative session, a critical crunch time when high-profile priorities are pushed through. DeSantis, however, has largely been absent as lawmakers hash out those issues in Tallahassee.
In recent weeks, DeSantis has held events in places like New Hampshire and South Carolina, both early presidential primary states, and also spoke at the Heritage Foundation's 50th Anniversary Celebration leadership summit in Maryland. DeSantis is now on the first leg of an “international trade mission” that will bring him to Japan, South Korea, Israel and the United Kingdom.
On Monday, DeSantis met with Japanese Prime Minister Fumio Kishida, a visit that was overshadowed by a clumsy answer DeSantis gave to reporters asking about trailing former President Donald Trump in recent 2024 presidential polling. DeSantis' poll numbers have dropped amid a wave of attacks from Trump, and criticism from Republican members of Congress.
The video of DeSantis answering the poll question went viral on social media and amplified DeSantis' fast-growing national reputation as someone with a palpably awkward personality.
“I’m not a candidate,” he said. “So we will see if and when that changes.”
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
California is offering free immigration legal services for community college students
Since 2019, California has been investing $10 million yearly in a program that provides legal services to help community college students renew their status under Deferred Action for Childhood Arrivals, or DACA, identify options to apply for permanent residency or for permanent residents to apply for naturalization, among other services.
Anyone affiliated with any community college campus can sign up online for a consultation with an attorney or paralegal. Most campuses offer either in-person or online consultations, while some more remote campuses only offer online appointments.
Armando Martinez Vega came to the U.S. from Mexico in 2009, when he was in third grade, after his father obtained permanent residency for the family. Martinez Vega finished elementary school, middle school and high school in Watsonville, California, and then began attending community college.
When his dad finally obtained U.S. citizenship, Martinez Vega was 19, too old to naturalize automatically through his father’s application. He knew he had to apply for citizenship himself, but he had no idea how to go about it. Then, his sister brought home a flyer about free immigration legal services at Cabrillo College, where both siblings were taking classes.
Martinez Vega made an appointment to talk with an attorney, and last month he was sworn in as a citizen.
“I was really happy. It feels great, and you just feel more sure and more secure about yourself,” Martinez Vega said. “Maybe somehow I would have done it on my own, but it would have been a lot harder, I know for sure, and maybe it would have taken a lot longer.”
Those offering the legal services are worried that many students aren’t aware they exist. Since the program began, about 7,600 community college students, faculty and staff members have received a legal consultation, according to Alonso Garcia, senior program manager at the Foundation for California Community Colleges. But there are an estimated 70,000 community college students who are undocumented, he said. Many more are permanent residents, who could benefit from naturalization services to become citizens.
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Part of the reason behind the lack of awareness is that the program was first fully launched in March 2020, right before the global Covid-19 pandemic.
“We were super excited: ‘Hey, we’re here, and we’re going to serve all these students,’ and then the world shut down,” said Kate Hinnenkamp, operations manager of the immigration project at Community Action Board of Santa Cruz County, one of 10 organizations statewide that partner with the community colleges to provide legal services. “We were going to have outreach tables, and people were going to see us around, but none of that materialized. It was a struggle for that year and a half where classes were virtual.”
However, Hinnenkamp said she has seen a big spike in appointments since last summer when the program launched a website called Find Your Ally, where students can easily schedule a legal consultation from any community college campus.
Offering immigration consultations to help students identify whether they are eligible for some kind of visa is particularly important now that the federal government is not processing new applications for DACA, Garcia said. DACA offers temporary protection from deportation and permission to work for about 650,000 young people who came to the U.S. as children. Tens of thousands of people who are eligible for the program have not been able to turn in applications, because they turned 15, the minimum age to apply, after the government stopped accepting new applications in 2017.
“For students who have not been able to take advantage of DACA, you don’t know what options are available to you, so coming and scheduling a consultation and talking through past experiences, that could trigger some form of relief,” Garcia said.
Sofia Corona, directing attorney at the UFW Foundation, which offers services to students at community colleges in the Central Valley and Central Coast, said that her staff has found many students who are eligible to apply for visas but were not aware.
“We’ve been able to find very vulnerable students who have gone through really abusive, traumatic events and didn’t know that, because of the context of that struggle, they were eligible for a form of immigration relief,” Corona said.
Even when students find they are not eligible to legalize their status, Hinnenkamp said, it’s important for them to find that out, so that they don’t end up paying notaries or other attorneys who may tell them they do have a legal pathway, when they do not.
“We’re hoping to avoid people falling victim to fraud. We really want to provide that trusted information to people, whether it’s the answer they want to hear or not,” Hinnenkamp said.
The legal service providers are also able to help students who have DACA status apply for advance parole, immigration paperwork that allows them to leave the country and return. After applying for advance parole, one student from Riverside City College was finally able to travel to Mexico to visit her grandmother, right before she died, said Luz Gallegos, executive director of TODEC, another organization that provides legal services to students in the Inland Empire area.
“Her grandma played a big role in her upbringing and was one of the biggest cheerleaders for her to go on with her education and achieve her goals,” said Gallegos.
Gallegos said she’s encouraged by what the program has accomplished.
“Seeing the opportunity that it brings to the students and that they see the college campus not only as their educational institution, but as a community space where they are cared for and they have a support system, it does make a difference,” said Gallegos.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
House Republican bill aims to restart border wall, improve tech
The House Homeland Security Committee released proposed legislation Monday that would restart border wall construction, increase the number of Border Patrol agents and modernize border security technology.
The bill, which the committee is scheduled to consider on Wednesday, is part of House Republicans’ larger legislative package to address record-high levels of migration to the U.S.-Mexico border.
The Republican conference has made the issue a focus of its agenda. The House Judiciary Committee advanced counterpart legislation last week that would restrict asylum access for migrants at the border, reinstate migrant family detention and heighten penalties for immigration violations.
Homeland Security Chairman Mark E. Green, R-Tenn., who introduced the legislation Monday, said in a news release that the 68-page bill includes “real border security solutions crafted with the insight of those who pay the cost of this crisis every day: frontline Border Patrol agents, their families, local business owners, state and local law enforcement, as well as farmers and ranchers.”
“This border crisis is one of the greatest security threats facing the American people. Republicans on the Homeland Security Committee won’t stand by and let it continue,” Green said.
According to a committee fact sheet, the bill would require the Department of Homeland Security to restart construction of border barriers, using funds already set aside by Congress for that purpose in prior years. Congress appropriated some funds for border wall construction during the Trump administration, but President Joe Biden halted construction via executive order shortly after taking office.
The bill would also ramp up hiring of Border Patrol agents, with a goal to have 22,000. Acting Customs and Border Protection Commissioner Troy Miller told congressional appropriators last week that the agency currently has about 19,000 Border Patrol agents.
The draft bill would prevent the agency from allowing migrants to schedule appointments at the border to make asylum claims via the CBP One app, which was recently expanded for that purpose. The bill would permit the app to be used “only for inspection of perishable cargo.”
Other provisions aim to boost retention of Border Patrol agents and modernize surveillance technology.
The bill would require DHS to submit a report to Congress on whether certain Mexican cartels should be designated as foreign terrorist organizations. Rep. Tony Gonzales, a Texas Republican on the Homeland Security Committee who has raised concerns about his party’s border security proposals, has identified this issue as a priority for him.
“If you see labeling cartels as terrorists in the Homeland Security package, it’s probably a good sign that that’s on the right path,” Gonzales told reporters last week.
It’s unclear how much traction the legislation will gain among other House Republicans. An earlier Republican-led border security proposal, which would allow the government to block all asylum-seekers from entering the country indefinitely, was met with opposition from some Republican lawmakers, including Gonzales, for going too far to restrict asylum.
While Republicans on the Judiciary Committee advanced the latest version of their immigration bill, all the committee Democrats and one Republican voted against it.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
US sends first deportation flight to Cuba since 2020
WASHINGTON, April 24 (Reuters) - The United States on Monday sent its first deportation flight to Cuba since 2020, months after Cuba agreed for the first time since the COVID-19 pandemic to accept flights carrying Cubans caught at the U.S.-Mexico border.
"On April 24, U.S. Immigration and Customs Enforcement (ICE) resumed normal removals processing for Cuban nationals who have received final orders of removal," a Department of Homeland Security (DHS) spokesperson said in an emailed statement.
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The Cuban government confirmed the flight's arrival, saying on Twitter it included 40 Cubans intercepted in boats and 83 detained at the U.S.-Mexico border.
Reuters first reported late last year that Cuba agreed to give U.S. authorities a new but limited tool to deter record numbers of Cuban border crossers.
After U.S. President Joe Biden adopted more restrictive border security measures in January, the number of Cubans and other migrants caught at the border plummeted.
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However the Biden administration is preparing for a possible rise in illegal crossings with COVID restrictions at the U.S.-Mexico border set to lift on May 11. The administration will say more about its preparations this week, DHS Secretary Alejandro Mayorkas told reporters on Thursday.
U.S. and Cuban officials discussed migration issues earlier this month as the Biden administration braced for the end of COVID-era border restrictions that have blocked Cubans in recent months from crossing into the United States from Mexico.
The U.S. embassy in Havana resumed full immigrant visa processing and consular services in January for the first time since 2017 in a bid to stem record numbers of Cubans trying to enter the United States from Mexico.
"The United States continues to encourage Cubans to use lawful processes," the DHS spokesperson said on Monday.
The Biden administration in January began expelling Cubans, Haitians, and Nicaraguans crossing the U.S.-Mexico border back to Mexico under restrictions known as Title 42, while also opening new legal pathways for those groups.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
ICE to test smartwatch-like tracking devices for migrants facing deportation
Washington — U.S. Immigration and Customs Enforcement (ICE) on Monday unveiled a smartwatch-like device to track migrants released from federal immigration custody, saying the technology could help the government monitor a small fraction of the millions of individuals with pending deportation cases.
The wrist monitor, which uses GPS technology, will be the latest device used by ICE to track migrants enrolled in the Alternatives to Detention program, an agency initiative that the Biden administration has vastly expanded to supervise migrants determined not to pose a risk to public safety or national security, such as asylum-seekers processed along the U.S.-Mexico border.
ICE has previously used ankle monitors, phone calls and a mobile app with face recognition technology to monitor those placed in the alternatives to detention program, which Biden administration officials have argued is a cheaper and more humane way to ensure migrants comply with their immigration proceedings than holding them in detention facilities.
More than 5 million migrants are facing deportation as part of ICE's non-detained docket of cases, which have ballooned under President Biden amid record apprehensions along the southern border. ICE, however, does not have the personnel or resources to detain or monitor all migrants with deportation cases.
As of earlier this month, roughly 250,000 migrants were being monitored under the alternatives to detention initiative, while another 25,000 were detained in ICE's network of county jails and for-profit prisons, according to agency data.
The watches will be tested on a pilot basis over several weeks and provided to 50 migrant adults facing deportation near Denver, according to an ICE official who showcased the device to reporters on Monday. Its use could be expanded depending on how the test period goes, the official added.
The device that Immigration and Customs Enforcement is testing to track some migrants with deportation cases.
The device that Immigration and Customs Enforcement is testing to track some migrants with deportation cases.
CAMILO MONTOYA-GALVEZ / CBS NEWS
The ICE official, who requested anonymity to discuss the program, argued the wrist monitors blend in as they resemble smartwatches, calling them "less intrusive than an ankle monitor." The daily cost of operating the watch per migrant will be less than $8, which the official said is much cheaper than detention costs.
Along with its GPS feature, the watches can tell time, receive messages from ICE officials and case managers and access a calendar of appointments to allow migrants to check in with officials. Like the phone app ICE has used to track hundreds of thousands of migrants, the wrist monitors were developed by BI Incorporated, a private company.
The watch's features will be available in English, Spanish, Portuguese and Haitian creole, a BI Incorporated representative said during Monday's briefing. There are also two versions of the watch: one that migrants will be able to take off and another that ICE will require migrants to wear throughout the entire day.
The removable watch will allow migrants to take it off to charge it or when going to sleep. The non-removable version will trigger an alert if it is taken off that could require migrants to do a face check-in with ICE. It will also be fitted with a clip that would indicate whether migrants attempt to remove it.
ICE will be testing both versions of the watch in Denver during the evaluation period, which is expected to last between 30 and 45 days, the agency official said.
The device is part of a broader Biden administration effort to ensure migrants comply with their immigration proceedings without relying on immigration detention, which has been denounced as inhumane and ineffective by progressive advocates.
In addition to expanding alternatives to detention, the Biden administration has reshaped ICE's mission, instructing agents to prioritize the arrest of migrants with serious criminal convictions or who pose a national security risk and recent border-crossers. ICE has also ended mass workplace arrests and generally barred the detention of veterans, victims of serious crimes, pregnant women and families with minors.
While the changes have been supported by Democrats and advocates, they have also garnered criticism from congressional Republicans, who have accused the administration of being too lenient on immigration enforcement at a time of historically high migration levels along the U.S.-Mexico border.
While the administration directed ICE to discontinue the detention of migrant families in 2021, officials have discussed reinstating the practice as the government prepares for a spike in migrant arrivals along the southern border after the Title 42 pandemic-era expulsions policy expires in early May.
During a briefing with reporters last week, Homeland Security Secretary Alejandro Mayorkas said no final decision had been made on whether ICE should revive family detention.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Monday, April 24, 2023
U.S. urges organizations to sponsor immigrants to stem 'dangerous' migration
HAVANA — The U.S. is making efforts to expand the number of people in organizations who are willing to sponsor immigrants from Cuba and other countries as part of the Biden administration’s parole program, according to the U.S. chargé d’affaires in Havana, Benjamin Ziff.
The parole program was initially rolled out in October 2022 for Venezuelans and extended in January to include Cubans, Nicaraguans and Haitians. Up to 30,000 people from the four countries are eligible for humanitarian parole every month, entitling them to work in the U.S. for two years. Anyone who tries to cross the border illegally is returned to Mexico and denied a chance to seek asylum.
So far, over 16,000 Cubans have emigrated to the U.S. through the program.
One of the conditions to apply for the parole program is to have a sponsor in the United States.
The Cuban, Haitian, Nicaraguan, Venezuelan program that began in January is "innovative in that you don’t have to have family or friends as sponsors,” Ziff said in an interview with NBC News in Havana. “An NGO, a church, any organization can sponsor an immigrant to go to the United States under the program.”
Ziff said the goal of the program is to have “legal, orderly and safe migration.”
U.S. Chargé d’Affaires Benjamin Ziff at the American Embassy in Havana, Cuba on April 18, 2023
U.S. Chargé d’Affaires Benjamin Ziff at the American Embassy in Havana, Cuba on Tuesday.Roberto Leon / NBC News
In Cuba, some of those seeking to migrate who don’t have close relatives in the U.S. have been victims of scams. Others resort to making the perilous trip on makeshift boats through the Straits of Florida.
“Representatives from the Office of Cuban Affairs at the Department of State and the U.S. Embassy in Havana constantly encourage institutions to sponsor the parole program,” Ziff added in a statement. “We frequently engage with representatives from religious, non-governmental, humanitarian, and other organizations both in the United States and in Cuba.”
The number of those coming by sea has shot up in recent times. Since October, the Coast Guard has interdicted 6,317 Cubans, compared to 6,182 in Fiscal Year 2022 and 838 in 2021.
Cuba maintains that the U.S. Cuban Adjustment Act, a 1962 law, promotes irregular migration by allowing most Cubans who are admitted and given parole in the U.S. to apply for legal residency in the country after a year and a day.
The Biden administration has struggled with record numbers of migrants attempting to cross the U.S.-Mexico border. Over 220,000 Cubans arrived at the U.S.-Mexico border in 2022, more than any year on record.
Illegal border crossings have dropped sharply since the parole program was announced in January.
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Cuba has been roiled in an economic crisis fueled by a decline in tourism since the pandemic, tightened U.S. sanctions and a centralized economic model. Shortages in food, medicine and power are rampant. Inflation has caused the price of basic foods to skyrocket and an ongoing gasoline shortage is leading to hourslong queues.
The U.S. and Cuba held a fresh round of migration talks in Washington last week.
“We touched on the various elements of the migration situation, we discussed the role of the U.S. embassy in Havana in issuing visas,” Ziff said.
Rustic boat at the bottom of the ocean near the beach of Marianao in Havana, Cuba, likely used by Cuban migrants trying to reach Florida.
Rustic boat at the bottom of the ocean near the beach of Marianao in Havana, Cuba, likely used by Cuban migrants trying to reach Florida.Roberto Leon / NBC News
The U.S. embassy in Havana resumed full immigrant visa processing in January after being closed since 2017, but nonimmigrant visas are still on hold.
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“We do not have the status or the facilities that we had a few years ago to be able to supply the nonimmigrant visas,” Ziff said.
He said once they have a normal staff and get through the back log of immigrant visas, they will explore resuming non-immigrant visa services at the embassy.
"We have to increase our staffing here from the United States. At the same time the Cuban government facilitates our logistical needs for houses and staff and visas and other elements that require their help to be able to re-staff the embassy," said Ziff. "I think the Cuban government is willing to assist us in this important task, and we are looking to get back to normal operations as soon as we possibly can."
The meetings on migration happen twice a year and a date for the next round of talks has not been set yet.
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Ziff also said the U.S. is “looking for a correct and pragmatic relationship with the Cuban government. There is a realm of interests that we share with Cuba, with the Cuban people.”
“We have a very deep disagreement with the Cuban government on its Human Rights policies and its lack of freedoms on the island, but at the same time we have other interests that are important to us, that we will continue to work on, that are relevant to the U.S. interests in the region,” Ziff said.
Orlando Matos
Orlando Matos is an NBC News producer based in Havana, Cuba.
Photograph of Carmen SesinCarmen Sesin
Carmen Sesin is a reporter for NBC News based in Miami, Florida.
For more information, visit us at http://beverlyhillsimmigrationlaw.blogspot.com/2023/04/as-end-of-title-42-nears-congress-is-no.html.
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