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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, June 21, 2024

Afghan evacuees in limbo: Humanitarian parole leaves 1,000s facing uncertainty in US

In 2021, the United States began one of its biggest humanitarian evacuations in history as it withdrew from Afghanistan, resettling more than 80,000 Afghans fleeing Taliban rule in the initial weeks of Operation Allies Welcome. However, they were brought into the U.S. through the humanitarian parole process that gives temporary immigration status to the displaced persons. But how has this temporary status affected Afghan evacuees in the U.S.? Upon arrival in the United States, more than 70,000 evacuees were granted humanitarian parole for two years, a temporary immigration status with no path to permanent residency. Uncertainty around the humanitarian parole status has had several concrete effects on aspects of the evacuees’ lives, including financial, employment, housing, and mental health. This process has come with many challenges for the resettled men, women and children from Afghanistan. Masi Siddiqi, who came to the United States after the Taliban took control over Kabul, was granted admission to the prestigious Columbia University in New York. However, his status hindered his ability to secure funding through loans to continue his studies. “I was admitted to Columbia University for the fall of 2023, and I did attend one semester. I thought that I may be able to afford it at first because I had my family’s support. But after doing one semester I found out that I was financially not able to do it because I did not qualify for Free Application for Federal Student Aid (FAFSA), for federal loans, for federal aid, grants, funds and for none of the benefits that a U.S. citizen or non-citizen would qualify for,” Masi said. FILE - Afghan residents play in an informal cricket match at Fort McCoy, Wisconsin, Sept. 29, 2021. FILE - Afghan residents play in an informal cricket match at Fort McCoy, Wisconsin, Sept. 29, 2021. Safiullah Rauf, founder of Human First Coalition, an organization providing aid primarily to Afghanistan and Afghans, leads a team of hundreds to provide food, medical care and resettlement services to more than 15,000 Afghans in need. The organization has helped evacuate more than 7,000 people, including 1,400 U.S. nationals, since the Taliban seized control of the country. Rauf is visiting communities in the United States to gather support for Congress to do more to support Afghans in the U.S., including in the form of draft legislation known as the Afghan Adjustment Act. “[The] Afghan Adjustment Act is one of the most important pieces of legislation that was introduced in 2022 to help those allies we brought to the U.S. in 2021,’’ Rauf told VOA. ‘’There are over 80,000 allies that were brought to the U.S., and many came with the humanitarian parole. They had a two-year visa to stay in the U.S. and their future was uncertain though the parole was extended for another year; but they still face an uncertain future. The Afghan Adjustment Act makes sure that all who came in 2021 go through a vetting process and after that they will become a productive member of the society. "In the United States, passing of any kind of legislation is a huge hurdle and you have to move mountains to approve any law, especially right now where [the] Senate and the House is most divided,’’ Rauf said. ‘’Because this bill is somewhat related to immigration, the Republicans are very much against any immigration bills right now. However, this bill is different than a normal immigration bill. This bill is for those allies who supported the U.S. for over 20 years in Afghanistan and their life will be in danger and it is a certain death if they go back to Afghanistan. So they must be given a permanent residency here.’’ According to the U.S. Citizenship and Immigration Services, or USCIS, legal assistance resources and immigration processing are experiencing extreme delays that could span years. FILE - An Afghan man is wrapped in a bear hug by his daughter as he picks up his children from school, in Alexandria, Virginia, April 7, 2022. The family was evacuated from Afghanistan and is trying to make a new life in the U.S., while in immigration limbo. FILE - An Afghan man is wrapped in a bear hug by his daughter as he picks up his children from school, in Alexandria, Virginia, April 7, 2022. The family was evacuated from Afghanistan and is trying to make a new life in the U.S., while in immigration limbo. Laila Mangal, who is working for LLS resettlement agency as a case manager and cultural liaison in the state of Virginia, told VOA Deewa about the challenges faced by the Afghans who came to the U.S. on short notice and in chaotic circumstances. She expressed that the unclear nature of evacuees’ immigration status for the near future, has posed a critical structural barrier to their well-being and, ultimately, their success in the U.S. “When their legal case is in the process and it takes longer, the refugees go through stress and pressure,’’ Mangal said. ‘’Sometimes this legal battle drains their mental health.” Masi, the student, calls on the Senate and the House of Representatives to pass the Afghan Adjustment Act so the displaced Afghans can be categorized as U.S. permanent residents. “As the U.S. officials say ‘we stand by our Afghan allies,’ we do expect them to stand by their allies because I personally believe that they have not yet stood by their Afghan allies,’’ Masi said. ‘’Not only with the ones that are left behind but also the ones that are currently facing the immigration limbo here in the U.S.; just like my family and myself. I really appreciate that the senators and the representatives from my state and from the other states should support the Afghan Adjustment Act. I think the social media slogans are not enough by themselves. They must push the majority leaders to bring the act to the floor because with bipartisan support, we can have the act pass.'' Like other resettled immigrants, Afghans were encouraged to find jobs quickly and felt the pressure to do so given the high costs of living, limited aid available, and, for some, the large families they’re supporting. Many found low-wage jobs in manufacturing, hospitality, retail, food processing, trucking, or ride sharing to support themselves and their families. But with the pending expiration of employment authorization documents this fall, employment stability is at risk for some. Stakeholders shared that because of the expiration date, some employers have begun notifying people they will lose their jobs later this year or that they are now no longer needed. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

Biden plans Latino organizing, advertising push around Copa América

The plans include organizing house parties, campaign-sponsored events at swing-state sports bars and restaurants, and the sale of Biden campaign soccer jerseys, as well as a television and digital ad campaign in English and Spanish on Fox, Univision, radio and other digital outlets covering the tournament, campaign officials said. The Biden campaign, facing challenges reaching its targeted voters, has been using major sporting events and in-person gatherings unrelated to politics to make its case, including advertising during the last National Football League season and the 2024 NFL draft. The campaign has held bracelet-beading events on swing-state college campuses and has organized meetings at local bars, as well as bingo or pickleball games for seniors. ADVERTISING “From mobile phones and tablets to TVs at home and in sports bars, few things will generate as many eyeballs on all types of screens as this tournament,” Adrian Saenz, the co-founder of Conexión, the Biden campaign’s Latino media consultant, said in a statement. “It makes a lot of sense for the campaign to be connecting with the community through advertising coupled with on-the-ground organizing.” The Copa América tournament — which this year includes national teams from South America along with six guests from North America, Central America and the Caribbean — will be played in 14 U.S. stadiums through July 14, including events in key swing states such as Nevada, Georgia and North Carolina, where the Biden campaign has built field operations to organize volunteers. Expectations are high for significant viewership this year, given U.S. resident support for the Mexican national team, which joins the United States and Canada among the guest competitors, and Argentine star Lionel Messi’s recent decision to begin playing for a U.S. Major League Soccer team, Inter Miami. The Biden ad campaign is anchored by a spot that reminds viewers that the 2020 Copa América was delayed because of the covid lockdowns during Donald Trump’s presidency. The ad credits Biden with reopening the country, creating jobs and making communities safer from gun violence. The English version of the ad ends with the narrator using an expletive that is bleeped out but unmistakable. Share this article Share “Donald Trump talks and talks,” the voice-over says, over a graphic that shows Trump getting a red card. “Joe Biden gets s--- done.” In the Spanish version of the ad, the closing line translates as, “Trump did not do anything good for us. But Joe Biden, he is on our team.” Biden aides say they plan to buy ads on billboards near stadiums promoting Biden later in the tournament, and they are working to arrange watch parties at homes as well as sports bars and restaurants — with free food and beverages — where people are expected to gather. They have created branded Copa América signs and banners to be distributed at events, and “halftime” and “cervecita break” (beer break) conversation guides for organizers. The events are planned to include trainings on using Reach, the campaign’s relational organizing app, part of the campaign’s effort to recruit volunteers to encourage their friends and family to vote. Those watching at home on the campaign contact list will be encouraged to take actions at key moments such as halftime, when the television ads will run. The Biden soccer jersey, which will be added to the campaign’s merchandise store, shows the Biden-Harris logo over broad black and blue stripes. The back carries the number 46, a reference to Biden’s status as the 46th president. The group has also created a T-shirt to celebrate the event. Two of the four Copa América quarterfinal matches are scheduled for July 6 at stadiums near Phoenix and in Las Vegas. One of two semifinal matches is set for July 10 in Charlotte. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

‘My feet have not hit the ground yet’: Why Biden’s words stunned this New Jersey woman

In love, married and pregnant, Ashley DeAzevedo faced an impossible choice she never expected. If her husband, an undocumented immigrant from Brazil, wanted to become a US citizen, he’d have to leave the country for a decade. It’s been more than 11 years since an immigration attorney delivered the devastating news, but she can still feel its sting. President Joe Biden speaks about an executive action in the East Room at the White House in Washington, Tuesday, June 4, 2024. RELATED ARTICLE Biden announces new executive action protecting some undocumented immigrant spouses and children of US citizens “I just remember the conversation feeling like somebody took the air out of my lungs. Because I was not expecting that. And neither was he,” DeAzevedo says. On Tuesday, the 38-year-old New Jersey hair salon owner was starting to feel like she could breathe again. DeAzevedo sat in the second row of an event at the White House and cheered as President Biden announced a new policy that aims to help her family and about a half million others in a similar situation. The measure allows certain undocumented spouses and children of US citizens to apply for lawful permanent residency without leaving the country. “This is really significant,” said Julia Gelatt, associate director of the US program at the nonpartisan Migration Policy Institute. “It’s removing a barrier that’s prevented hundreds of thousands of unauthorized immigrants from obtaining that green card that they’re otherwise eligible for.” The election-year announcement is already drawing high praise from Democrats and fierce criticism from Republicans. DeAzevedo, president of American Families United, an organization that advocates for mixed-status families, says it shouldn’t be about politics, but about doing what’s right. She spoke with CNN this week before and after Biden’s announcement, sharing how living in the shadows has affected her, her husband and their 11-year-old son, and what this new policy could mean for them and many others. Excerpts from those conversations have been edited for length and clarity. How are you feeling? Wow, like my feet have not hit the ground yet. Today was just one of the wildest in my life, to go to the White House for the first time, and to be there when the president made such a historic announcement. I mean, I’m not an emotional person generally. I don’t cry a lot. But it was very hard for me to hold my emotions. I was a sobbing, crying mess listening to him speak, because he was telling my story. He was speaking about my family and all the families of the people that I love and care about. I think a lot of people assume that when an undocumented immigrant marries a US citizen, there’s an easy path to legalize their status. Yeah. That is not the case. When did you first realize that? We were newly married at the time. I was pregnant. I knew my husband didn’t have status in the United States. But I figured, let me just find a lawyer. So we met with her. And she said, “Well, here comes the bad news. I can’t do anything to help you guys. Your husband would have to leave the country for 10 years.” (After meeting with the attorney), we were like, well, what are we going to do? I can’t move to Brazil. I have my business here. I have my family here. And I obviously didn’t want to raise a child without my husband. So, we made the decision to stay here in the shadows, hoping that something would change. It’s not an easy lifestyle. It’s not for the faint of heart. Ashley DeAzevedo and her husband met on the train heading to a festival in New York City. This photo was taken when they first started dating. Ashley DeAzevedo and her husband met on the train heading to a festival in New York City. This photo was taken when they first started dating. Ashley DeAzevedo How have your daily lives been shaped by this situation? It’s frustrating because my husband can’t ever work to his full ability. It’s all just side jobs and whatever. We had to not really live up to what we could potentially. I had to qualify for a mortgage all by myself because he couldn’t be on it with me. He can’t get life insurance. He can’t get health insurance. There’s just so many different, nuanced, stupid, stupid things that he’s excluded from. It feels like being a second-class citizen. It’s like you live here and you pay taxes, but you can’t be treated like a human being like everyone else around you. It just feels so cruel. He hasn’t seen his parents in 18 years. His dad passed away, and he was never able to go back and see him. I think people forget the human toll. You’re never going to be able to get that moment back. He’s never going to be able to give his dad one last hug. Before you met your husband and went through all of this alongside him, was this something that was on your radar at all? Not really. I had some friends in the Brazilian community, so I kind of had an idea, but I never really understood. For me, it just wasn’t really important, because on one side of my family, we’ve been here since the Revolutionary War. And on the other side, my mom’s side of the family, I’m a third-generation American with ancestors from Italy who came over through Ellis Island. The immigrant story is something that’s very rich in my family. It just never crossed my mind that there would be this ridiculous hurdle for somebody if they’re married to an American. It just never crossed my mind that there would be this ridiculous hurdle for somebody if they’re married to an American. Ashley DeAzevedo, president of American Families United Do you find yourself often meeting people that don’t realize that this is the reality that a lot of families are living in? What do you tell them? It’s not something I share regularly. It’s not like I wear a badge that’s like, “my husband’s, undocumented.” But if I hear people speaking disparagingly about immigrants, I can’t help myself but say, “you don’t know the whole story. Don’t ‘good immigrant, bad immigrant’ with me. Because my husband, who you love spending time with and you think is such a great human, is part of this group of people.” When I explain it to people, it blows their mind. What is the significance of this new measure for you and your family? I think the devil is in the details, and it’s really going to matter exactly how they implement the policy. What was announced today was the nuts and bolts, you know, the intention, the directive, and the basic framework, but no real, significant details on implementation. For my husband, it really could be the piece that unlocks his green card pathway that he does have, it just is only available to him after 10 years outside the country. If that were the case, then he could move forward onto his green card and eventually one day become a citizen. That would give him the ability to see his mom again for the first time in 18 years. It would give my son the ability to travel with his dad, to go meet his grandma. He’s never met her before. It would just mean a lot of things — peace of mind, never worrying after my husband gets pulled over. It’s just terrifying. If he’s late or he doesn’t answer his phone, your mind automatically goes to the worst place. It would just mean a lot of things — peace of mind, never worrying after my husband gets pulled over. It’s just terrifying. If he’s late or he doesn’t answer his phone, your mind automatically goes to the worst place. Ashley DeAzevedo, president of American Families United, on what the Biden administration's immigration policy announcement means for her family And it sounds like having a work permit would be a game changer? Yeah, a total game changer. Biden announced the new immigration policy at an event celebrating the 12th anniversary of the Obama-era Deferred Action for Childhood Arrivals program, better known as DACA. A crowd of supporters packed the East Room of the White House for the occasion. Biden announced the new immigration policy at an event celebrating the 12th anniversary of the Obama-era Deferred Action for Childhood Arrivals program, better known as DACA. A crowd of supporters packed the East Room of the White House for the occasion. Chip Somodevilla/Getty Images You first became more politically involved in the time of family separations during the Trump administration. Do you worry that, as significant as a policy like this is, it’s something that a future administration could undo? I’m kind of conflicted with that, because there are always concerns. I’m sure there are going to be legal challenges. But during the pandemic when the initial CARES Act funding excluded mixed-status families, Republican senators like Marco Rubio and John Cornyn really came to our aid and fought for that to be made right and retroactive, so that when the next round of funding came out, it covered our families as well, not our spouses, but it made sure US citizens and their children were able to collect those funds. So knowing that Republicans fought through this before, and Donald Trump actually is the one who agreed and signed it into law, leads me to believe that maybe the “party of family values” might see that this isn’t a fair situation. And Donald Trump’s wife is an immigrant. He knows the process. He gets it. He’s fallen in love with somebody from a different country as well. So he knows better than anybody that our families should be treated the same as everyone else. Already Republican leadership is slamming this new policy as a “mass amnesty scheme.” What’s your response to that? It’s disappointing. I hope they’ll reconsider their position on that. Not only because their candidate for president is married to an immigrant who was able to benefit from the spousal green card pathway, but also, you know, have a little compassion and see that we’re American families. My family goes back to the Revolutionary War here, and the thought that my husband wouldn’t be welcome in this country is just outrageous. Ashley DeAzevedo speaks outside the US Capitol in September. She first got involved with American Families United during the Trump administration. Now she’s the organization’s president. Ashley DeAzevedo speaks outside the US Capitol in September. She first got involved with American Families United during the Trump administration. Now she’s the organization’s president. Courtesy Ashley DeAzevedo Are there any questions that you have right now about what’s next? What’s on your mind right now as you think of the months to come? Well, all of the partners we’ve been advocating with and the people we’ve been working with inside government, we have a lot of conversations coming up. I want to make sure that my members are covered — not only those that are here in the US. I think a really important piece to tell of this story is the Americans that went through the process, found themselves outside of the country for an interview and were barred from returning if they got bad legal advice or something like that. There are families that are separated right now that are really, really suffering. And we need to make sure that there is relief for them as well. Today was one step in the right direction, like a down payment on a promise, and there’s a lot of work ahead. Did your husband and your son come with you to the White House? My son and my mom came with me. My husband, because of policy, wasn’t able to come to the White House. He is here in DC, though, and he was able to celebrate. He was watching it live. For him, it’s surreal. You know, he’s lived this reality where again, he hasn’t seen his mom for 18 years. His dad passed away since he left Brazil. If he ever gets to return, he’s going to be there and his dad won’t be there. So today was the first time that he really felt like there was a glimmer of hope for some sense of normalcy for him.

Thursday, June 20, 2024

USCIS Extends Employment Authorization Documents under Temporary Protected Status Designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan

We are extending the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua and Sudan through March 9, 2025. We will send a Form I-797, Notice of Action, notifying you if you are affected by this extension. If you are a current TPS beneficiary under one of these designations, and you have not yet re-registered for TPS under the most recent extension for that designation, you must submit Form I-821, Application for Temporary Protected Status, during the current re-registration period to keep your TPS benefits. DHS previously extended the re-registration periods for individuals to submit TPS applications: El Salvador now runs through March 9, 2025; Honduras now runs through July 5, 2025; Nepal now runs through June 24, 2025; Nicaragua now runs through July 5, 2025; and Sudan now runs through April 19, 2025. Please note that while the re-registration periods end on different dates, EADs are all extended through the same date: March 9, 2025. Find instructions to re-register for TPS and renew your EAD in the most recent Federal Register notice that extends TPS for your country (or extends and redesignates your country for TPS). For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

Wednesday, June 19, 2024

H-1B Rule Expected Later This Year, Immigration Restrictions Possible

U.S. Citizenship and Immigration Services is expected to publish a final rule on H-1B visas that could bring significant changes to employers. Many attorneys and businesses interviewed hope in the final rule Biden administration officials will correct provisions considered problematic. Among the provisions are H-1B measures—identical to those proposed in a failed Trump administration rule—that critics say undermine President Biden’s objectives to develop AI and the U.S. semiconductor industry. The Timing Of The H-1B Rule On October 23, 2023, U.S. Citizenship and Immigration Services published a notice of proposed rulemaking. The rule was subject to a 60-day comment period and has yet to be finalized. “The rule has not made it to the Office of Management and Budget yet for review, and then there would be the normal delayed effective date after it is published,” according to a former government official. “All signs point to it being published late in the year, possibly even after the election.” PROMOTED The Most Controversial Provisions In comments to the rule, the National Foundation for American Policy highlighted the most controversial proposed restrictions. First, using the phrase “directly related specific specialty,” USCIS would narrow the positions considered specialty occupations. According to the proposed rule, to qualify as a specialty occupation, the position must require “A U.S. baccalaureate or higher degree in a directly related specific specialty or its equivalent” for entering the occupation. A Trump administration restrictive interim final rule, which courts later blocked, used identical language on ‘directly related.” In 2020, attorneys and companies warned the (Trump administration’s) interim final rule’s wording would prevent many talented foreign-born professionals from working in America. (See here.) MORE FROMFORBES ADVISOR Best High-Yield Savings Accounts Of 2024 ByKevin PayneContributor Best 5% Interest Savings Accounts of 2024 ByCassidy HortonContributor The Immigration and Nationality Act (INA) does not state a degree must be in a “directly related” specific specialty. More than half (51%) of U.S.-born individuals and 18% of temporary visa holders employed in computer occupations possess degrees other than computer science or electrical engineering, according to an NFAP analysis of the 2021 National Survey of College Graduates. Almost half (48%) of chemists possess a degree other than chemistry. CEO: C-suite news, analysis, and advice for top decision makers right to your inbox. Email address Sign Up By signing up, you agree to receive this newsletter, other updates about Forbes and its affiliates’ offerings, our Terms of Service (including resolving disputes on an individual basis via arbitration), and you acknowledge our Privacy Statement. Forbes is protected by reCAPTCHA, and the Google Privacy Policy and Terms of Service apply. symbol 00:00 03:12 Read More Second, the proposed rule also copied language from the Trump administration to assert that business administration is a “general degree” and insufficient to qualify for a specialty occupation “without further specialization.” That could prevent foreign nationals with a master’s in business from gaining H-1B status and reduce the number of international students enrolling in MBA programs at U.S. universities. The proposed rule cites the physical sciences as a qualifying body of specialized knowledge. However, examining one to ten years after a degree, NFAP found a far lower percentage of individuals with a master’s degree in physical sciences work in a physical sciences occupation than those with master’s degrees in business work in management and management-related occupations. Analyzing The Comments In comments to the rule, employers and university groups expressed uniform opposition to the “directly related” language and labeling business administration a general degree. A comment letter signed by 74 business, university, science and state and local economic development organizations declared, “The new ‘directly related’ degree mandate must be abandoned.” The signees included the U.S. Chamber of Commerce, TechNet, the Compete America Coalition, the Association of American Universities, NAFSA, the Presidents’ Alliance on Higher Education and Immigration, FWD.us, the National Immigration Forum, the American Immigration Lawyers Association and others. Those groups also submitted separate comments. (See links above.) The letter and many other comments noted the restrictions in the proposed rule were incompatible with attracting AI talent and President Biden’s AI executive order issued on October 30, 2023. “By definition, employees seeking to fill roles supporting emerging technologies such as Artificial Intelligence, may not have a ‘directly related’ degree,” according to a comment submitted by Amazon. “Rather, these employees or candidates may have a degree with a name that does not appear to be directly related to AI, when they have, for example, completed extensive AI coursework that allows them to gain highly specialized knowledge.” Commenters, including the Presidents’ Alliance, cited NFAP Senior Fellow Mark Regets, who said, “It is a common mistake to think there is an exact correspondence between field of degree and occupation in the technical labor force. In reality, employers often hire workers who have gained the necessary skills through other coursework and experience.” Regets and others believe many current H-1B visa holders might not meet the new criteria. In 2020, in InspectionXpert Corp. v. Cuccinelli, a judge rejected the USCIS argument during the Trump administration that it could deny an H-1B petition because the position did not require a degree in a specific subspecialty and an individual with a degree in more than one discipline, such as different types of engineering degrees, could fill it. The proposed rule resurrects the Trump team’s restrictive interpretation. The proposed rule’s attempt to exclude individuals with degrees in business administration from H-1B eligibility also raised concerns. “As the top recruiters of Master of Business Administration talent in the U.S., BCG and Bain dispute the agency’s characterization of a business administration degree as a general degree,” noted the Boston Consulting Group and Bain & Company. Other Areas Of Concern Many commenters objected to the proposed rule’s new measures on third parties (typically a customer’s location). “We . . . urge DHS to remove language that directs USCIS to look to a third-party’s requirements for an H-1B beneficiary’s position rather than the petitioner’s stated requirements,” wrote TechNet, the Information Technology Industry Council and the Semiconductor Industry Association. “DHS proposes to create a new standard of bona-fide employer, employer-employee relationship, and job offer mandating client validation and contracting terms that are not standard business frameworks.” Commenters were also worried about the rule’s language on site visits. “We are seriously concerned that the new policy would give extraordinary authority to officers to enter places of business, even individuals’ private homes, without advance warning or authorization,” wrote FWD.us. “They would be allowed to invalidate large numbers of visas simply because an employee at a company does not or cannot comply with agents’ requests.” The comment pointed out that “company representatives at third-party sites could be asked to turn over sensitive information about individuals who are not even their direct employees.” “The proposal to codify USCIS’s authority to conduct site visits is ultra vires [beyond one’s legal authority] because . . . USCIS lacks the authority to conduct immigration-related investigative and intelligence-gathering activities,” according to attorneys Vic Goel, Angelo Paparelli and Youngwook (Christian) Park. Favorable Changes And Looking Ahead USCIS received 1,315 comments, with many expressing support for the agency’s changes to the H-1B lottery aimed at discouraging multiple registrations for the same individual. That rule was published separately. Several commenters asked USCIS to address the long waits for employment-based green cards, including by ensuring new restrictions did not apply to extensions. Employers and university groups cited measures they supported in the rule. These proposed changes included the reforms to the H-1B registration selection process, extending “cap-gap” protections for F-1 students “when changing to H-1B status,” allowing more organizations to qualify as H-1B cap-exempt nonprofit research institutions, greater leeway for H-1B visa holders to become entrepreneurs and codifying “deference” for prior findings of fact when adjudicating applications. USCIS officials and others believe codifying deference could improve operations and prevent a future administration from upending business immigration. Trump officials ended deference to prior findings of fact, which resulted in a significant increase in denials for H-1B extensions, causing many longtime employees of companies to leave the United States when USCIS adjudicators rejected their applications. Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, worked on regulations for over a decade at USCIS. “My experience is sometimes the practical application of a policy decision is missed until we get those comments,” she said. “And when those comments are received, it really helps shine a light and explains that you would be keeping this person out or why this would be a bad choice.” She thinks the Biden administration is much more likely than the Trump administration to take into serious consideration the comments that people have submitted. “USCIS is committed to the president's goal of restoring faith in the legal immigration system and attracting global talent,” said a USCIS spokesperson. “USCIS will continue to promote policies and procedures that attract the best international talent, expand economic prosperity, maintain America’s competitive edge in STEM fields and uphold the country’s promise as a nation of welcome and possibility with fairness, integrity and respect for all we serve.” For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

DACA plus college degree a formula for financial success: Survey

Dreamers with a college degree and a work permit are outearning their parents and achieving social mobility in a wide array of professions, according to a new survey by TheDream.us and Golden Door Scholars. The survey polled more than 2,000 alumni of a scholarship program run by the two organizations, following up on a similar 2022 one that found a 94 percent workforce participation rate among graduates of the program. The new survey found that 66 percent of respondents are the first in their family to attend college; 63 percent are outearning their parents combined, compared to 50 percent in 2022; homeownership has risen to 14 percent from 10 percent two years ago; and 26 percent of respondents are the primary providers in their families, compared with 22 percent in 2022. “The survey report illustrates a critical truth: when given the opportunity, Dreamers not only succeed — they excel. At Golden Door Scholars, we are committed to turning the dreams of undocumented students into tangible successes,” Golden Door Scholars CEO Lisa Shasky said. The scholarship caters mainly to Dreamers, immigrants living illegally in the U.S. who arrived in the United States as minors, whether they have work status through programs like Deferred Action for Childhood Arrivals (DACA) or not. ADVERTISING The typical survey participant is 26 years old and arrived in the United States at age 4. DACA beneficiaries make up 76 percent of the survey’s respondents. Eleven percent are permanent residents, 8 percent are undocumented, 3 percent are beneficiaries of Temporary Protected Status and 2 percent have another status. The survey found drastic differences in outcomes for Dreamers with work authorization and those without. Of the respondents with work authorization, 93 percent said they are currently working, and 7 percent said they are looking for work; only 69 percent of respondents without work authorization said they are currently working, and 31 percent said they are looking. Though the number of program participants without work authorization is relatively low, it has nearly tripled to 8 percent of respondents, from 3 percent in 2022. And with DACA’s legality up in the air, a majority of the scholarship program’s graduates are worried they could get sidetracked in their careers. A broad majority — 96 percent — of alumni said they felt some level of anxiety over their immigration status in the past year, and 59 percent said losing work authorization is their biggest professional concern. “Despite the demonstrated successes of DACA and other opportunities for Dreamers in unleashing their potential, many of our Alumni are anxious about their futures or unable to put their degrees to work. Undoubtedly, many of their employers share in this anxiety, knowing that the future of valued employees’ work authorization remains uncertain,” said Gaby Pacheco, president of TheDream.us. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

Pro-Immigrant Voters Don’t Want Trump. Democrats Warn They May Not Want a Hard-line Biden, Either.

Some Democrats and advocates are worried that President Joe Biden is hurting himself with voters who care deeply about immigrant rights by leaning too heavily into border security. With the election closing in, lawmakers and immigrant rights advocates fear Biden is running out of time to reassure voters concerned about his crackdown on the border. The president is expected to soon announce new measures to protect some undocumented immigrants as a follow-up on the asylum restrictions that incensed immigrant advocacy groups. And they had better be good in order to present a clear contrast with former President Donald Trump, Democrats warned. “It’s really difficult for me to tell someone, ‘I’m going to keep promising you and begging you to vote for someone’ and then I can’t deliver,” Rep. Delia Ramirez told NOTUS. “My own credibility is on the line in this moment.” She and other lawmakers and pro-immigrant advocates told NOTUS the Biden administration has a messaging problem on the border. Faced with broad public concern about crossings and Republicans hammering on the issue, they know Biden needs to do something — but they also worry his policy decisions and messaging will make it difficult to rally their base. “No one wants Donald Trump to be elected. That is absolutely clear,” Ramirez said. “But we also don’t want people to stay home because we have a president who said one thing four years ago and is doing the other four years later.” Biden’s first campaign did a lot to propose an alternative to Trump, whose policies on child separation and detention drew intense scrutiny. Biden pledged in 2020 to end many of Trump’s policies on day one. But as unauthorized border crossings crept up and polling showed voters worried about immigration, the administration took a turn, with some comparing the new asylum restrictions to Trump’s Title 42 expulsion policy. The political calculus behind this shift is clear, even if the policy is bad, Douglas Rivlin, senior director of communications for the pro-immigration reform group America’s Voice, said. “The American people want our politicians to do something, and a lot of them are kind of open to whatever it is, as long as somebody’s doing something,” Rivlin said. “That’s why you see in some of these polls strong support for even crazy ideas, like mass deportation.” He said the administration doing nothing is dangerous because it creates a scenario where people will accept any solution. But that doesn’t mean he thinks Biden is owning potential solutions well. “I think the policy that Biden put forward was not the right one either from a politics or policy standpoint. I think he can play the politics much better if he’s presenting a bigger vision than just the border,” Rivlin said. Other pro-immigrant lawmakers and activists agree the administration needs to do a better job advocating for its policies. “I think there is just a certain reality when it comes to the case that needs to be made to the public,” Rep. Alexandria Ocasio-Cortez said. “We have to make a case to the public that the best way of bringing the situation at the border under control is to actually have a functioning documentation process.” That includes emphasizing that immigration is a complex issue. Biden has a host of other immigration policy positions, including launching the CBP One app, allowing DACA recipients to receive Obamacare and starting a program to allow more refugees from some countries into the U.S. each month. Advocates said he should talk about them rather than letting Republicans force him into focusing on the border. “One of the big arguments that we make regularly to the administration is that you cannot just talk about the border,” said Andrea Flores, VP for immigration policy and campaigns at FWD.us, a bipartisan organization that advocates for immigration reforms. Some aren’t putting the blame solely on Biden. Rep. Veronica Escobar, a Biden reelection campaign co-chair who represents El Paso, said she was unhappy with the recent asylum order but even more so with her colleagues. “I released a statement saying that I was disappointed,” she said. “But I also in my statement provided context, because my more profound disappointment is with the Congress, which has failed to act.” “The colleagues on my side of the aisle that hate executive orders like this, my message to them is, ‘We need to pass a compromise piece of legislation in order to avert this issue,’ and to my colleagues on the other side of the aisle, who keep complaining about the border, ‘Come to the table,’ ” she said. Biden has some wins on immigration, from the Democrats’ perspective — but they want him to get more of them. “President Biden has taken some important, positive steps to protect the immigrant community, and I hope that he does even more,” Rep. Greg Casar said. “One, because it’s morally the right thing to do, and second, because it’ll give us more to talk about on the campaign trail.” For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

POLITICS How immigrants are helping keep job growth hot while inflation cools

Immigration — both authorized and unauthorized — has helped the U.S. job market sustain a fiery run in recent months without reigniting inflation, economists and analysts say. The effect has been a favorable, though uncertain, situation for President Joe Biden ahead of the November election. A blockbuster May jobs report showed that the U.S. economy added 272,000 jobs last month, well above the Dow Jones’ forecast of 190,000. Meanwhile, the Bureau of Labor Statistics reported last week that consumer prices in May remained unchanged, and even fell slightly on an annual basis. This dynamic — a heating job market and cooling inflation — is in part the result of increased inflows of immigrants. “Recent immigrants have flowed disproportionately into the parts of the labor force that were particularly tight in 2022, contributing to labor supply in places where it was most badly needed,” Goldman Sachs analysts wrote in a note to clients in May. NEW YORK, NEW YORK - JUNE 07: A "Now Hiring" sign is seen at a FedEx location on E 42nd Street on June 07, 2024 in New York City. A jobs report for the month of May released by Labor Department showed that the U.S. added employers added 272,000 nonagricultural jobs and also reported that the unemployment rate rose to 4 percent for the first time in more than two years. (Photo by Michael M. Santiago/Getty Images) A “Now Hiring” sign is seen at a FedEx location in New York City, June 7, 2024. Michael M. Santiago | Getty Images The May jobs report found that government, leisure and hospitality, and health-care sectors saw the most growth. Holding down inflation “The immigration surge poses lots of challenges to communities across the country, but it came at a very fortuitous time to help ease the labor market pressure, when the Fed was working hard to do it by interest rate hikes,” Moody’s Chief Economist Mark Zandi told CNBC. Typically, a hot labor market walks a tightrope that could easily collapse into reheated inflation. That is because higher job gains risk depleting the labor supply. This forces businesses to raise wages to compete for workers, which increases producers’ costs and eventually ripples into higher consumer prices and inflation. But recent spikes in immigration at the southern border and elsewhere in the U.S. have helped keep the labor pool full even as job gains kept apace. “We’ve seen labor force supply come up quite a bit, through immigration, through recovering participation,” Federal Reserve Chair Jerome Powell said last Wednesday at the central bank’s press conference following its widely expected decision to keep interest rates flat. Fed Chair Jerome Powell: Economic outlook uncertain, we remain highly attentive to inflation risksWATCH NOW VIDEO07:56 Fed Chair Jerome Powell: Economic outlook uncertain, we remain highly attentive to inflation risks Zandi also credited immigration with helping the United States maintain a positive GDP. “It has reduced the need for more rate hikes, and probably has been critical to ensuring that the economy has avoided a recession,” he said. While Biden’s critics have focused on the high-profile political liabilities of the humanitarian crisis caused by migration spikes at the southern border, the picture that economists paint of immigration is very different. They say immigrants may be safeguarding the U.S. economic recovery. Absorbing new jobs In recent years, higher immigration inflows have effectively doubled the number of new jobs the U.S. economy is capable of absorbing every month without overheating, a March analysis from the Brookings Institution found. Before the pandemic, congressional forecasters predicted that in 2024, the U.S. job market would be able to absorb between 60,000 and 100,000 new jobs a month without triggering an inflation spike. Based on this model, the 272,000 jobs added to the U.S. economy in May would have set off alarm bells. But the Brookings researchers recalculated the government’s estimates — this time, factoring in the impact of immigrants on the labor pool. They found that with immigration, the 2024 U.S. job market could safely absorb between 160,000 and 200,000 monthly job gains. By the Brookings numbers, the May jobs data would still be too hot for comfort and so would the 0.4% monthly increase in average hourly earnings over April. But the gap between how many jobs are being created and the maximum number the U.S. economy can absorb without triggering inflation is much slimmer than it might have been without recent influxes of immigrants. US President Joe Biden speaks about the economy at the International Brotherhood of Electrical Workers Local 26 union, in Lanham, Maryland, on February 15, 2023. U.S. President Joe Biden speaks about the economy at the International Brotherhood of Electrical Workers Local 26 union, in Lanham, Maryland, on Feb. 15, 2023. Mandel Ngan | Afp | Getty Images Biden cited both the May jobs report and the steady CPI as evidence of what he calls a “great American comeback.” “On my watch, 15.6 million more Americans have the dignity and respect that comes with a job,” Biden said in a statement on June 7. “Unemployment has been at or below 4% for 30 months — the longest stretch in 50 years.” It was the latest iteration of Biden’s optimistic campaign pitch to voters about the U.S. economy. For the White House, this is a critical case for the president to make, part of a broader battle to change perceptions among some Americans that Biden is to blame for the high cost of living. Political flash points With November’s election looming, the positive impact that immigration appears to be having on the U.S. economy is largely being drowned out by louder voices on this complex issue. The one thing everyone agrees upon, however, is that the outcome of the presidential election will bear heavily on border policy and the inflow of U.S. immigrants. Biden’s recent executive action to increase restrictions on asylum seekers could threaten the economic buoy that immigration is providing. But that policy is still working through implementation glitches and legal challenges, delaying its full impact. Meanwhile, Republican former President Donald Trump has pledged that if he is elected to another term, he will conduct mass deportations of between 15 and 20 million immigrants who are living in the United States without authorization. Republican presidential candidate and former U.S. President Donald Trump reacts during a campaign event, in Las Vegas, Nevada, U.S. June 9, 2024. REUTERS/Brendan McDermid Republican presidential candidate and former U.S. President Donald Trump reacts during a campaign event, in Las Vegas, Nevada, U.S. June 9, 2024. Brendan McDermid | Reuters It is difficult to quantify the massive impact Trump’s policy would have on the U.S. economy if it were to survive legal challenges and actually be carried out. In the short term, however, analysts believe the labor market has recovered enough from the pandemic to weather a potential decline in immigration, though it would still impact U.S. productivity levels. “With the labor market now back in better balance...moderate fluctuations in immigration should have little impact on aggregate wage growth and inflation,” Goldman Sachs analysts wrote in a May report. “Immigration levels will, however, continue to mechanically affect the real economy, namely potential job and GDP growth,” they wrote. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

Biden immigration program offers legal status to 500,000 spouses of U.S. citizens. Here's how it works.

President Biden on Tuesday announced a large-scale immigration program that will offer legal status and a streamlined path to U.S. residency and citizenship to roughly half a million unauthorized immigrants married to American citizens. The Department of Homeland Security policy will allow these immigrants to apply for work permits and deportation protections if they have lived in the U.S. for at least 10 years and meet other requirements, senior administration officials said previewing the announcement. Perhaps most importantly, however, Mr. Biden's move will unlock a path to permanent residency — colloquially known as a green card — and ultimately U.S. citizenship for many of the program's beneficiaries. "For those wives or husbands and their children who have lived in America for a decade or more, but are undocumented, this action will allow them to file paperwork for legal status in the United States, allowing them to work while they remain with their families in the United States," Mr. Biden said. The policy, if upheld in court, would be the largest government program for undocumented immigrants since the Obama-era Deferred Action for Childhood Arrivals initiative, which currently shields 528,000 so-called "Dreamers" who were brought to the U.S. as children from deportation. The video player is currently playing an ad. Mr. Biden announced the measure at a White House event on Tuesday marking the 12th anniversary of DACA, alongside another move to make it easier for employers to sponsor "Dreamers" and other undocumented immigrants for work visas. It's the second time in one month that Mr. Biden has taken a sweeping — and legally risky — executive action on immigration. Earlier in June, he invoked a presidential power used frequently by former President Donald Trump to disqualify most migrants at the U.S.-Mexico border from asylum. How Biden's immigration plan would work President Biden speaks in the East Room of the White House in Washington, D.C., on Tuesday, June 18, 2024. President Biden speaks in the East Room of the White House in Washington, D.C., on Tuesday, June 18, 2024. TING SHEN/BLOOMBERG VIA GETTY IMAGES The Biden administration program for undocumented immigrants married to U.S. citizens will provide two key immigration benefits. It will allow eligible applicants to work and live in the U.S. legally on a temporary basis under the immigration parole authority. The policy, known as "Parole in Place," will also help these immigrants clear roadblocks in U.S. law that prevent them from getting permanent legal status without having to leave the country. An immigrant who marries a U.S. citizen is generally eligible for a green card. But current federal law requires immigrants who entered the U.S. illegally to leave the country and re-enter legally to be eligible for a green card. Leaving the U.S. after living illegally in the country for certain periods of time can trigger a 10-year ban, leading many mixed-status families to not pursue this process. The Biden administration's policy would allow eligible immigrants to obtain a green card without having to leave the U.S. After 3 to 5 years of living in the U.S. as a green card holder, immigrants can apply for American citizenship. Administration officials estimate that roughly 500,000 unauthorized immigrants with U.S. citizen spouses will qualify for the program. Applicants must have been legally married to their American citizen spouse by June 17. Those who are deemed to pose a threat to national security or public safety will not qualify. The policy is also expected to benefit an estimated 50,000 immigrant children with a parent who is married to a U.S. citizen, officials said. Undocumented stepchildren of U.S. citizens — who must also leave the country to obtain green cards — will be eligible to apply for the parole process if they are under the age of 21. A senior administration official said the government is planning to open the Parole in Place program to applications "by the end of summer." The policy will almost certainly generate legal challenges, possibly from Republican-led states, which have sued the Biden administration over its immigration policies several times. For over a decade, the U.S. government has overseen a more limited Parole in Place policy for unauthorized immigrants who are the immediate relatives of U.S. service members or veterans. In 2020, Congress affirmed that policy. The State Department is also announcing on Tuesday a streamlined process for DACA recipients and other undocumented immigrants who have graduated from U.S. colleges to more easily obtain employment-based visas, such as H-1B visas for high-skilled workers. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

Biden will announce deportation protection and work permits for spouses of US citizens

WASHINGTON (AP) — President Joe Biden is planning to announce a sweeping new policy Tuesday that would lift the threat of deportation for hundreds of thousands of people married to U.S. citizens, an aggressive election-year action on immigration that had been sought by many Democrats. Biden will announce the new program at a White House event to celebrate the Obama-era “dreamers” directive that offered deportation protections for young undocumented immigrants, according to three people briefed on the White House plans. The policy will allow roughly 490,000 spouses of U.S. citizens an opportunity to apply for a “parole in place” program, which would shield them from deportations and offer them work permits if they have lived in the country for at least 10 years, according to two of the people briefed. They all spoke on the condition of anonymity because they were not authorized to discuss the announcement publicly. ADVERTISEMENT The White House on Monday declined to comment on the announcement. 0:00 / 32 AP AUDIO: Biden will announce deportation protection and work permits for spouses of US citizens AP’s Lisa Dwyer reports President Biden plans to announce deportation protection and work permits for spouses of US citizens. The announcement will be a significant marker for Biden. He opened his presidency with promises to fight for widespread relief for the millions of immigrants who live in the country without permanent legal status. But as the number of migrants reached historic levels and he prepares for a reelection contest against Donald Trump, Biden earlier this month enacted a border clampdown that critics say is similar to those pursued by his predecessor. RELATED COVERAGE Antonio Valle, left, and wife, Brenda, stand for a photo after an interview with The Associated Press in Los Angeles, Tuesday, June 18, 2024. (AP Photo/Jae C. Hong) Immigrant families rejoice over Biden’s expansive move toward citizenship, while some are left out Republican presidential candidate former President Donald Trump speaks at a campaign event Tuesday, June 18, 2024, in Racine, Wis. (AP Photo/Jeffrey Phelps) Trump declares ‘I love Milwaukee’ after reportedly using the word ‘horrible’ for the RNC host city President Joe Biden speaks during an event marking the 12th anniversary of the Deferred Action of Childhood Arrivals program, in the East Room of the White House, Tuesday, June 18, 2024, in Washington. (AP Photo/Evan Vucci) Biden is offering some migrants a pathway to citizenship. Here’s how the plan will work The White House’s decision earlier this month to implement a restrictive proposal that essentially halted asylum processing at the U.S.-Mexico border angered many of Biden’s political allies. However, Rep. Nanette Barragán, D-Calif., who chairs a Democratic group of lawmakers called the Congressional Hispanic Caucus, said she expected the policy announcement Tuesday would cause “tears of joy paired with some sighs of relief” from the families of those who stand to benefit. ADVERTISEMENT Families who would potentially benefit from Biden’s actions were expected to attend the White House event Tuesday afternoon. For some time, administration officials have been deliberating various options to offer protections for immigrants who lack legal status in the U.S. but have longstanding ties. The authority Biden is invoking not only gives deportation protections and work permits, but removes a legal barrier to allow qualifying immigrants to apply for permanent residency and, eventually, U.S. citizenship. It’s a power that’s already been used for other categories of immigrants, such as members of the U.S. military or their family members who lack legal status. “Today, I have spoken about what we need to do to secure the border,” Biden said at a June 4 event at the White House, when he rolled out his order to suspend asylum processing for many migrants arriving now to the U.S. “In the weeks ahead — and I mean the weeks ahead — I will speak to how we can make our immigration system more fair and more just.” Biden was also expected to announce a policy of making recipients of the Deferred Action for Childhood Arrivals program eligible for visas, rather than the temporary work authorization they currently receive, according to two of the people briefed. ADVERTISEMENT Immigration advocates praised the policy expected to benefit the spouses of U.S. citizens, saying on a conference call Monday that it is often impossible for the spouses to gain legal status even though they have deep ties in the country. “This is a defining moment in history, and we need to meet this moment,” said Ashley DeAzevedo, the president of American Families United, which advocates for U.S. citizens married to foreign nationals. Still, Biden’s use of the authority could come under legal challenge, just as the Deferred Action for Childhood Arrivals program has faced. The White House on Tuesday afternoon is marking the 12th anniversary of that program, which was created by then-President Barack Obama to protect young immigrants who lacked legal status, often known as “dreamers.” In recent weeks, the Congressional Hispanic Caucus has called on Biden to act to shield the spouses of U.S. citizens from deportation as well as to consider a policy making work visas available to graduates of U.S. colleges who came to the country without authorization as children. ADVERTISEMENT Biden’s announcement was expected to receive a warm reception from Democrats, and several House lawmakers were traveling back to Washington for the announcement. Sen. Alex Padilla, D-Calif., called Biden’s action “justice” that “was long overdue for the people who have been waiting but are key to so many thriving families and communities.” Advocates also argued that the policy made political sense for Biden. “We anticipate that immigrant and Latino voters will express their gratitude at the ballot box in November,” said Gustavo Torres, the president of CASA in Action. ADVERTISEMENT Trump, meanwhile, has said he will deport millions of migrants across the country if he’s reelected, doubling down on anti-immigration rhetoric that fueled his previous rise to power. Biden’s policy would only apply to longtime U.S. residents, but Republicans were nonetheless critical. Sen. John Cornyn, R-Texas, called it a “huge magnet” for would-be immigrants, saying it was “going to attract even more people” to the border. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

Tuesday, June 18, 2024

Gonzalez-Lara v. Garland

Asylum seeker's petition was denied given substantial evidence supported that her fear of gangs from her native country was not objectively reasonable.

Monday, June 17, 2024

Biden preparing to offer legal status to undocumented immigrants who have lived in U.S. for 10 years

The Biden administration is making plans to announce one of the largest immigration relief programs in recent history, developing a policy that would offer legal status to hundreds of thousands of immigrants living in the country without proper documents, four people familiar with the plans told CBS News. A program being developed by White House officials would offer work permits and deportation protections to unauthorized immigrants married to U.S. citizens, as long as they have lived in the U.S. for at least 10 years, the sources said, requesting anonymity to talk about internal government plans. The proposal, known as "Parole in Place," would also open up a pathway to permanent legal status and U.S. citizenship for some beneficiaries by removing an obstacle in U.S. law that prevents those who entered the U.S. illegally from obtaining green cards without leaving the country. Another plan being prepared by the Biden administration would streamline the process for so-called DREAMers and other undocumented immigrants to request waivers that would make it easier for them to obtain temporary visas, such as H-1B visas for high-skilled workers, the sources said. The measures, the sources added, could be announced as early as Tuesday, but a plan has not been finalized by the administration. White House officials are preparing to host an event Tuesday to celebrate the 12th anniversary of the Deferred Action for Childhood Arrivals program, which shields roughly 530,000 undocumented immigrants brought to the U.S. as children from deportation. Skip Ad The video player is currently playing an ad. Some Democratic lawmakers have already been invited to Tuesday's immigration event at the White House, three congressional officials told CBS News, requesting anonymity to share private invitations. A White House official said no final decisions had been made. White House spokesperson Angelo Fernandez Hernandez previously said the administration is "committed to taking action to address our broken immigration system." The "Parole in Place" plan would be the largest immigration program for unauthorized immigrants since DACA, a policy that former President Barack Obama announced in 2012 as a "stopgap" measure to protect DREAMers in light of congressional inaction on immigration. The policy would benefit a subset of the estimated 1.1 million unauthorized immigrants with American citizen spouses, as long as they meet the residency requirement and other rules. Overall, there are approximately 11 million immigrants living in the U.S. unlawfully, according to the most recent government estimate. The move would further underscore an increased willingness by President Biden to take executive actions on immigration ahead of the presidential election in November. Just last week, Mr. Biden invoked his executive authority to enact a partial ban on asylum claims at the southern border, a move that has already been challenged in federal court by the American Civil Liberties Union. Just like the border executive action, the "Parole in Place" program will likely face legal challenges, possibly from Republican-led states, which have filed multiple lawsuits against Mr. Biden's more generous immigration policies. The program would almost certainly garner vocal opposition from Republican lawmakers, who have increasingly taken strong stances against "amnesty" for those living in the U.S. illegally. "Biden's border is still in crisis and his latest idea is amnesty. This will invite more chaos," said Sen. James Lankford of Oklahoma, the lead Republican negotiator of a border security deal brokered by the White House and a group of senators earlier this year. Still, Mr. Biden has been arguing that he's acting unilaterally on immigration because Congress failed to pass that agreement, which was rejected by most Republican lawmakers. Political analysts also believe the "Parole in Place" policy could help Mr. Biden's chances of earning more support from Latino voters, especially those in mixed-status families that would benefit from the move. U.S. Citizenship and Immigration Services, the federal agency that oversees the legal immigration system, has administered a more limited "Parole in Place" program for military families for over a decade. The policy allows some undocumented immigrants who are immediate relatives of U.S. service members or veterans to obtain green cards, without having to leave the country. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

Citizenship Instruction and Naturalization Application Services (CINAS) funding opportunity

On June 17, 2024, we updated the Notice of Funding Opportunity for the Citizenship Instruction and Naturalization Application Services (CINAS) grant to reflect the requirements for the testing materials on page 9. Please see grants.gov for the most up to date version.

Democrats agree Biden had to act on immigration – but they’re split over his asylum order

Democratic mayors, governors and members of Congress from the south-west to the north-east stood beside Joe Biden at the White House, when he unveiled an executive order temporarily sealing the US-Mexico border to most asylum seekers – the most restrictive immigration policy of his presidency. “We must face a simple truth,” the US president said. “To protect America as a land that welcomes immigrants, we must first secure the border and secure it now.” Those around him agreed, applauding the directive as a welcome, if belated, step. Yet for many Democrats not in attendance, the moment marked an astonishing retreat from just four years ago, when the president campaigned on dismantling the incendiary immigration policies of Donald Trump. Most Democrats accept that Biden had to do something to address an issue that has become one of his biggest political vulnerabilities. But the party, once united in furious opposition to Trump’s asylum clampdown, now finds itself divided over his course of action, split on both the substance of the policy and the wisdom of its politics. *** Biden is once again campaigning for the presidency against Trump, but the political climate has changed demonstrably. Unprecedented levels of migration at the south-west border, fueled by poverty, political upheaval, climate change and violence and amplified by incendiary Republican rhetoric, have rattled Americans. Polls show border security is a top – sometimes the top – concern among US voters this election season. The action, designed to deter illegal border crossings, was an attempt by the Biden administration to confront those concerns. But it also invited unwelcome comparisons to his predecessor, whose policies he was accused of “reviving” in a legal challenge brought last week by the American Civil Liberties Union. “It violates fundamental American values of who we say we are – and puts people in danger,” said Vanessa Cárdenas, the executive director of America’s Voice, an immigration advocacy organization. “It’s part of a trap that the Democrats are falling into – they’re buying the narrative the right is pushing on immigration.” For three years, Republicans have accused Biden of ignoring mounting concern over the south-west border, which they falsely claim is under “invasion”. But as the humanitarian situation has worsened, he has also been confronted by criticism from Democratic mayors and governors pleading for more federal help managing the record number of people arriving in their cities and states, especially during peaks in 2022 and 2023. Biden moved to act unilaterally after Republicans blocked – at Trump’s behest – an attempt to pass a bipartisan bill to restrict asylum. Congress also rejected a multibillion-dollar budget request from the White House for additional resources to manage the situation, raising questions about how authorities will enforce the new rule. Supporters of Biden’s latest policy, including border-state and swing-state Democrats, say the action will deter illegal immigration by encouraging people to seek asylum in an “orderly” manner at legal ports of entry. Even if the rule is blocked by the courts, they are ready to make the case to voters that Biden took decisive action when Republicans would not. “We all want order at the border,” said the New York representative Tom Suozzi, a Democrat who flipped a House seat in a special election earlier this year after campaigning on more border security. “The American people want us to deal with immigration.” But progressives, immigration-rights advocates and some Hispanic leaders say that the new order not only suspends longstanding guarantees that anyone who reaches US soil has the right to seek asylum, it undermines American values. The president’s embrace of punitive policies, they argue, risks losing the support of key parts of his coalition. Biden knew the order would infuriate corners of his party – he addressed them directly in his White House remarks earlier this month, saying the goodwill of the American people was “wearing thin”. “Doing nothing is not an option,” he said. “We have to act.” But advocates and progressives say he can do more to protect undocumented immigrants who have lived in the country for decades, some for nearly their entire lives. They are urging Biden to use his bully pulpit to move the immigration fight beyond the border by using his presidential authority to shield more immigrants from deportation and create avenues for them to work legally. The White House is reportedly considering a future action that would protect undocumented spouses of American citizens from deportation. Last week the Biden campaign released a new ad marking the 12th anniversary of Daca – the Deferred Action for Childhood Arrivals program established by the Obama White House in 2012 – as the Democrat runs for re-election and looks for ways to shore up support from Latino voters. The program provides temporary work permits and reprieves from deportation for hundreds of thousands of Dreamers, people brought without permission to the US as children. In the “Spanglish” ad, Dreamers tout a recent move by the Biden administration to extend healthcare coverage to Daca recipients while warning that Trump has threatened to end the program. “Ultimately, Congress needs to act to reform our immigration system,” Cárdenas said. “But until then, we need Biden doing everything he can to show that he still believes what he promised he would do when he came into office.” *** Biden’s policy, which took effect immediately, seeks to deter illegal immigration by temporarily blocking people who cross the US border outside lawful ports of entry from claiming asylum, with some exceptions. The order lifts when daily arrests for illegal crossing from Mexico fall to 1,500 a day across a seven-day average. The last time crossings fell below that threshold was in 2020, when the Covid-19 pandemic halted migration. The number of illegal border crossings has fallen in recent months, due in part to stepped-up Mexican enforcement and seasonal trends. But officials say the level is still elevated, and worry the trend could reverse as the weather cools and a new Mexican president takes power weeks before the November election. Despite its failure, the bipartisan border security deal, negotiated with the blessing of the White House, underscored just how far to the right the immigration debate in Washington has shifted. The legislation included a wishlist of Republican border security demands aimed at keeping people out. Absent were any long-sought Democratic aspirations of expanding pathways to citizenship and work visas for the millions of undocumented people living in the US. Instead, Democrats tied the border deal to a foreign aid package opposed by conservatives. “That changed the contours of what had been a widely understood immigration framework,” said Theresa Cardinal Brown, immigration policy director at the Bipartisan Policy Center, adding: “I’m not sure what the consensus or compromise border solution is any more.” On the campaign trail, Democrats hope to capitalize on Republican resistance to the border deal by casting Trump as unserious about addressing illegal immigration at the border, his signature issue. But it may prove difficult for Biden to make inroads on what has long been one of the country’s most polarizing political issues. Polls consistently show deep public disapproval of how Biden has handled the border, with voters giving Trump, who has also faced sharp criticism for his immigration plans, a wide advantage. A CBS News poll found broad public support for the president’s executive order, including among Republicans, but they also believed illegal border crossings were more likely to fall under Trump than Biden. And a new Monmouth University poll last week found Biden’s standing practically unchanged by the action, with roughly half of Americans – 46% – saying it did not go far enough, compared with 31% who said it was about right. Just 17% said the order went too far. On Wednesday, a coalition of immigrant-advocacy groups led by the ACLU sued the Biden administration over the directive. “By enacting an asylum ban that is legally indistinguishable from the Trump ban we successfully blocked, we were left with no choice but to file this lawsuit,” said Lee Gelernt, an attorney for the ACLU. The administration anticipated legal challenges. “We stand by the legality of what we have done,” the secretary of homeland security, Alejandro Mayorkas, said in a Sunday interview with ABC, adding that he would have preferred for Congress to act. Last week, a group of 18 progressive members of Congress sent a letter to Mayorkas asking the administration to reconsider the asylum rule on the grounds that it “puts asylum seekers at grave risk of unlawful removal and return to harm”. Despite their disappointment, Biden’s Democratic critics say Trump – who has said undocumented immigrants “poison the blood of our country” and is planning a sweeping mass-deportation campaign in a potential second term – would be far more dangerous. “The more American voters focus on the anti-immigrant, extremist policies that the right is pushing, the more they’re going to reject that vision,” Cárdenas said. But, she added: “Americans want to know, what’s the plan? What’s the strategy? What’s the vision? And I think it will serve Biden and Democrats better if they have an answer to the question of what it is they are for.” For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

Friday, June 14, 2024

Heat, cartel lies make border town a death trap for migrants

SUNLAND PARK, N.M. (Border Report) – Their town just north of a 30-foot-tall steel bollards barrier separating the United States and Mexico, Sunland Park residents have learned to live with migrants running through their neighborhoods and hiding from authorities. “I live very near to the border. It’s very often that we see people that cross through Sunland Park. Sometimes they are in our houses, waiting for the coyotes (smugglers) to pick them up,” said resident and community activist Isabel Santos. Uptick in heat-related migrant rescues strains Sunland Park Fire Department What is hard to stomach is watching their town’s fire trucks rush into the desert to retrieve bodies. The victims are people whose American dream died after a fall from the barrier or nearby Mount Cristo Rey, or who got lost without water on sand so hot it blisters your feet through the rubber soles of tennis shoes. “It’s a humanitarian issue. It’s bad for people to die, more so from heat. We care that people die because we are all immigrants. Even the United States is made of immigrants,” Juan Garcia, a long-time resident, said outside the Sunland Park Senior Center. “This is an ongoing problem. We hope the government finds a solution.” Play VideoSunland Park resident on migrant deaths: 'It's a humanitarian issue' Since March, Sunland Park firefighters have assisted the U.S. Border Patrol in the recovery of 13 bodies. Most were found in the desert west of the city, others in the Rio Grande. A deeper dive by the Arizona-based nonprofit No More Deaths found that stretch of desert being one of the deadliest for migrants crossing the border between 2012 and 2023. Woman pulled from Rio Grande dies In a city of 16,000 inhabitants where reports of missing persons are rare and dozens of footprints lead away from the border wall on any given day, it’s a safe bet the victims were migrants, local officials said. “All fire departments deal with accidents, fires, medical emergencies. But what we’re dealing here in Sunland Park with this migrant surge is we’re encountering migrants with heat exhaustion, heat stress or (doing) body recoveries,” said Sunland Park Fire Battalion Chief Ramiro Rios. “I would say we are the only fire department dealing with this because we are so close to Mexico and the desert. So, we’re dealing with something very unique.” The city is also dealing with the ruthless drug cartels across the border in Juarez, Mexico, that have taken over migrant trafficking in recent years. Federal officials have linked migrant stash houses in New Mexico to La Empresa, a Juarez-based gang known to operate in Anapra, a vast Juarez neighborhood across the border from Sunland Park. Migrants-turned-smugglers told to drive through Border Patrol checkpoint Diaz and Sunland Park Fire Chief Daniel Medrano say most body recoveries and migrant rescues take place between 3 and 7 p.m. That’s because the cartels allegedly tell the migrants U.S. border agents don’t like to be out on patrol when it’s very hot outside. The Border Patrol has refuted those claims. Medrano says the migrants succumb to the heat easier than most because of conditions they’ve been subjected to prior to being pushed – sometimes literally – over the border wall. “We understand that in the southern part of the border they’re held in stash houses where they are not fed well, they don’t have good hydration,” Medrano said. “They are basically told, ‘Get up, it’s time to move.’ So, especially during this heat we’re having this year, you need to be well-hydrated, well-nourished to make any kind of trip (outdoors). And we don’t even recommend that for a healthy person.” Play VideoCartels contribute to migrant deaths in New Mexico desert Once over the wall, the migrants revert to cartel instructions of avoiding contact with authorities. They will stay away from homes, roads and even the geo-location rescue beacons the Border Patrol has scattered in the desert. Instructions on how to cross border illegally delivered to migrants via phone apps “Once they cross that border wall, it’s desert – literally desert. Even though they’re close to ‘civilization’ – houses, businesses and whatever – it’s very easy to get lost. And that’s what we’re finding,” Medrano said. On Wednesday, Sunland Park Fire recovered the body of a woman from the Rio Grande and rescued a male from the desert near a landfill. Border Patrol and Sunland Park firefighters provided an IV and a “cooling blanket” to the male until his body temperature was under 102 degrees. Once body temperatures reach 104, vital organs suffer damage, Rios said. U.S. Border Patrol agents and Sunland Park Fire Department first responders render aid to a migrant found in the desert suffering from heat exhaustion. (Julian Resendiz/Border Report) A Mexican army patrol on Wednesday called over Sunland Park firefighters to the wall. They shared intelligence that a group of 35 had just crossed or was about to cross, and to be on the lookout. Video: Border agents, migrants clash at border wall The Border Patrol did find a small group of younger-looking migrants. But that was near where the male was found about an hour earlier. Like the residents, the Sunland Park Fire Department has learned to adapt to migrant traffic. “It’s not necessarily unmanageable. A week and a half ago we had one patient at 1 p.m. and then five patients in a span of six to eight minutes at 4 p.m. in various areas. They weren’t all together, and that is very taxing on our guys,” Rios said. “One single call is manageable. The problem is, the majority of times we’ll have calls stacked two, three, four at a time. The incident commander has to decide what units he can break off to go to the other calls or have other fire departments assist.” Sunland Park community activist Isabel Santos. (Border Report) Sunland Park, with its 25 able-bodied firefighters and staff members, has mutual assistance agreements with the Doña Ana County Fire Department and with the much-larger but also much-busier El Paso (Texas) Fire Department. Visit the BorderReport.com homepage for the latest exclusive stories and breaking news about issues along the U.S.-Mexico border Santos, the community activist, said Sunland Park needs more local and outside resources to deal with the humanitarian crisis. “Here in Sunland Park, I’m involved in the community and they tell me they want to help the people because they feel very bad that somebody attacked another person or that people died near McNutt Road. I hope somebody helps these people because they are our people, too,” she said. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

US diplomat warns of great consequences for migrants at border who don’t choose legal pathways

MEXICO CITY (AP) — U.S. Ambassador to Mexico Ken Salazar warned Thursday that migrants who do not opt for a legal pathway into the U.S. will face great consequences, a message coming at a time when the Biden administration needs Mexico’s cooperation in easing the flow of migrants to their shared border. Salazar told reporters that the number of migrants arriving at the U.S.-Mexico border has dropped since U.S. President Joe Biden implemented changes last week aimed at making it more difficult for those seeking asylum. But he did not specify by how much the number of migrant encounters had dropped. “If they don’t arrive in a legal manner, there will be consequences,” he said. “They will be returned to their home countries and will not be allowed into the United States for five years.” Biden’s executive order would limit asylum processing once encounters with migrants between ports of entry reach 2,500 per day. It went into effect immediately because the latest figures were far higher, at about 4,000 daily. ADVERTISEMENT Civil rights groups have been quick to react to the policy changes. A coalition of immigrant advocacy groups on Wednesday sued the Biden administration saying the presidential order differs little from a similar move by the Trump administration that was blocked by the courts. RELATED COVERAGE FILE - Pedestrians walk by an campaign mural emblazoned with a "vote green" message promoting the Green Party, in Mexico City, May 29, 2021. Mexico’s Ecologist Green Party rode on its alliance with the ruling Morena party in the June 2, 2024 general election to become the second-largest voting block in Congress. (AP Photo/Ginnette Riquelme, File) Mexico’s small, oft-questioned Green Party to become the second-largest force in Congress Cuban musician Silvio Rodriguez looks on during an interview with The Associated Press in Havana, Cuba, Thursday, June 6, 2024. Rodríguez, 77, one of Latin America's most famous musicians, has released a new album, his first in three years. (AP Photo/Ariel Ley) Cuban troubadour Silvio Rodríguez, icon of the revolution, dwells on island’s troubles in new album People wait outside of the Criminalistic and Forensic Science Laboratory in Guayaquil, Ecuador, Thursday, June 13, 2024. Refrigerated containers, left, were set up, as unrecognized or unclaimed bodies exceeded the capacity of the Guayaquil morgue. (AP Photo/Cesar Munoz) Spiraling criminal violence causes morgue to overflow, foul odors to spread in Ecuadorian city South of the border, Mexican authorities have been rounding up migrants, including those returned by the U.S., and taking them to the southern cities of Villahermosa and Tapachula in an effort to discourage them from migrating north. The head of the U.N. refugee agency cautioned Thursday that some aspects of Biden’s order may violate refugee protections required by international law. Immigration cooperation was also among the topics discussed Thursday when U.S. Vice President Kamala Harris called incoming Mexican President Claudia Sheinbaum to congratulate her on her victory, according to a statement from Harris’ office. ADVERTISEMENT “Our objective is clear,” said Salazar. “We want to deepen the relationship between the U.S. and Mexico as neighbors, economic partners, and as a family.” Salazar declined to offer his opinion on controversial judicial reforms proposed by outgoing Mexican President Andrés Manuel López Obrador. Earlier this week, Brian Nichols, U.S. assistant secretary for Western Hemisphere affairs, urged that there be transparency in Mexico’s judicial reforms, particularly concerning any impact they could have on U.S. investors and companies. Salazar said that a strong judicial system was important, but it was up to Mexicans to decide on the changes. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

White House preps ‘dreamers’ celebration while President Biden eyes new benefits for immigrants

WASHINGTON (AP) — President Joe Biden will host a White House event next week celebrating an Obama-era directive that offered deportation protections for young undocumented immigrants, as his own administration prepares potential new benefits for others without legal status but with long-standing ties in the United States. White House officials are closing in on a plan that would tap Biden’s executive powers to shield spouses of U.S. citizens without legal status from deportation, offer them work permits and ease their path toward permanent residency and eventually American citizenship, according to five people with knowledge of the deliberations. The people said those actions could be unveiled as early as next week, although a White House official stressed Thursday that no final decisions have been made on what Biden will announce, if anything. As of earlier this week, Biden had not been presented with the proposal for his final approval, adding to the uncertainty for the timing of any announcement. The president is currently in Italy participating in the Group of Seven summit of the world’s wealthiest democracies. ADVERTISEMENT But Biden telegraphed last week as he rolled out his directive to crack down on asylum claims at the border — a move that has infuriated immigrant-rights groups and many Democratic lawmakers — that he would be announcing other actions more to the advocates’ liking. RELATED COVERAGE FILE - U.S. Ambassador Ken Salazar arrives to give a press conference at his residence in Mexico City, Oct. 17, 2022. Salazar warned Thursday, June 13, 2024, that migrants who do not opt for a legal pathway into the U.S. will face “great consequences.” (AP Photo/Marco Ugarte, File) US diplomat warns of great consequences for migrants at border who don’t choose legal pathways U.S. Department of State Special Presidential Envoy for Hostage Affairs Roger Carstens testifies before the House Foreign Affairs Subcommittee hearing onThe Plight of Americans Detained Abroad on Capitol Hill, Thursday, June 13, 2024, in Washington. ( AP Photo/Jose Luis Magana) US government’s top hostage negotiator defends prisoner swaps with foreign adversaries FILE - The mother of Harry Dunn, Charlotte Charles, center, and his stepfather Bruce Charles, right, arrive at Westminster magistrates Court for a hearing in London, Thursday, Sept. 29, 2022. A British coroner has criticized the U.S. government over a lack of training for diplomatic personnel prior to a road accident in August 2019 that saw a teenage motorcyclist killed by one of its employees. At the end of a four-day inquiry on Thursday, June 13, 2024, Northamptonshire coroner Anne Pember recorded the death of 19-year-old Harry Dunn as being as a result of “injuries sustained during a head-on collision” with a car being driven on the wrong side of the road. The driver Anne Sacoolas had admitted to police two months after the accident that she “drove like an American.” (AP Photo/Kin Cheung, File) British coroner criticizes US government over death of teen motorcyclist Harry Dunn in 2019 “Today, I have spoken about what we need to do to secure the border,” Biden said at the June 4 event at the White House. “In the weeks ahead — and I mean the weeks ahead — I will speak to how we can make our immigration system more fair and more just.” To protect the spouses of Americans, the administration is expected to use a process called “parole-in-place.” It not only offers deportation protections and work permits to qualifying immigrants but also removes a legal obstacle that prevents them from getting on a path to a green card, and eventually, U.S. citizenship. ADVERTISEMENT That power has already been used for other groups of immigrants, such as members of the U.S. military or their family members who lack legal status. For Biden’s actions, White House officials were narrowing in on a plan that would offer parole in place for spouses of Americans who have been here for at least five or 10 years, according to the people briefed on the deliberations. The people were granted anonymity to discuss internal White House deliberations. The immigrant advocacy group FWD.us estimates that there are roughly 1.1 million immigrants without legal status married to Americans. However, depending on how the Biden administration writes the proposal, the actual universe of people who could qualify for the president’s plan is likely far smaller. Advocates were also lobbying the White House to include benefits for immigrants lacking legal status who provide caregiving roles for American family members, according to two of the people familiar with the discussions, although that provision was seen as far less likely to be enacted for now. Allowing such caregivers to apply for a so-called “cancellation of removal” would affect immigrants like family members of Americans who have specific needs or disabilities. ADVERTISEMENT Amid these deliberations, the White House has invited lawmakers to an event Tuesday afternoon to celebrate the 12th anniversary of the Deferred Action for Childhood Arrivals program, according to a person familiar with the event. The initiative was created June 15, 2012, by then-President Barack Obama to protect young immigrants who lacked legal status, often known as “dreamers.” Although House lawmakers will be away from Washington on a recess, White House officials say it will be worthwhile to make it to the event. “We’re expecting positive news,” said Rep. Nanette Barragán, the chair of the Congressional Hispanic Caucus, a Democratic group that has advocated for the White House to take action to provide relief for immigrants. “I think it just says that we value our immigrants and those people who are part of the American fabric,” she said. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

Exclusive: Biden expected to announce protections for certain undocumented immigrants

President Joe Biden is expected to announce a new executive action as early as next week that would shield certain undocumented immigrants living in the United States from deportation, according to five sources familiar with the White House’s plans. The action is expected to protect undocumented spouses of U.S. citizens from deportation and allow them to work legally in the country. The program could also provide a more streamlined pathway to U.S. citizenship. Biden is expected to make the announcement Tuesday, according to multiple sources, at a planned White House event marking the 12th anniversary of the Deferred Action for Childhood Arrivals program, which shielded more than 800,000 children brought to the U.S. as children from deportation. A White House official said no final decisions have been made on what additional executive actions might be taken. White House spokesperson Angelo Fernández Hernández added that the administration “continues to explore a series of policy options and we remain committed to taking action to address our broken immigration system.” If implemented, it’s unclear how many undocumented spouses would receive protections, but some lawmakers and immigration advocates have estimated it could affect up to 1.1 million people. But sources with knowledge of the White House’s plans told PBS News Hour they expect the scope of such protections to be much narrower. WATCH: Sen. Mark Kelly explains why he supports Biden’s plan to limit who can seek asylum The White House has been reviewing a program known as “parole in place” that would allow people to adjust their status without having to leave the country, making it possible for them to receive a work permit and a green card. The protections for undocumented spouses could come roughly two weeks after Biden issued a separate executive action to temporarily ban asylum-seekers from entering the country between ports of entry. The president himself hinted at such an action last week when announcing the crackdown on asylum. “For those who say the steps I’ve taken are too strict, I say to you … be patient,” Biden said. “In the weeks ahead — and I mean the weeks ahead — I will speak to how we can make our immigration system more fair and more just.” WATCH: How some Pennsylvania Republicans are using a congressional race to protest GOP extremism The president’s move to crack down on migrants at the U.S.-Mexico border received harsh criticism from immigration advocates and a number of Latino lawmakers in Congress. On Wednesday, immigrant rights groups and the American Civil Liberties Union sued the Biden administration over the asylum order. Still, less than five months out from the election, Biden has moved rapidly in recent weeks to implement tougher enforcement on the border. But this expected new action to protect undocumented spouses could also provide the president a political boost with Latino voters and his base. WATCH: White House asks judge to change protections for migrant children in government custody The Congressional Hispanic Caucus and immigrant advocacy groups have requested for months that the White House act on work permits and deportation protections for undocumented people married to U.S. citizens. In recent meetings with Biden, White House officials and Homeland Security Secretary Alejandro Mayorkas, lawmakers have pushed the issue, receiving positive signals in return, multiple sources involved in the meetings told the PBS News Hour. Latino lawmakers and immigrant advocates have also encouraged the White House to consider similar protections and work permits for undocumented caregivers and farm workers living in the U.S. Democrats have been eager to point out that such an executive action could help their party on the campaign trail as they work to shore up Latino voters in the battlegrounds of Arizona and Nevada. PBS News Hour first reported that the White House was considering protections for undocumented spouses of U.S. citizens last week. Related Trump has promised mass raids and deportation if he wins the election. The ACLU is preparing to fight back By Will Weissert, Associated Press Biden order restricts how many migrants can seek asylum at southern border By Laura Barrón-López, Saher Khan, Ali Schmitz Arizona voters will decide whether local police can make border-crossing arrests By Jacques Billeaud, Anita Snow, Associated Press WATCH: Biden unveils plan to restrict asylum to help ‘gain control’ of border By Seung Min Kim, Stephen Groves, Colleen Long, Associated Press Biden prepares executive order that would shut down asylum after 2,500 migrants arrive a day By Seung Min Kim, Stephen Groves, Colleen Long, Associated Press The Biden administration is planning more changes to hasten asylum processing By Seung Min Kim, Colleen Long, Associated Press A new rule aims to speed up the removal of a limited group of migrants who don’t qualify for asylum By Rebecca Santana, Associated Press WATCH: White House says Palestinians living in U.S. will be shielded from deportation By Associated Press U.S. resumes deportation flights to Venezuela By Valerie Gonzalez, Regina Garcia Cano, Associated Press Supreme Court blocks Biden immigration policy on deportation By Associated Press For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

USCIS Clarifies Guidance About How to Adopt a Child under the Hague Adoption Convention

Effective June 14, 2024, we have updated the USCIS Policy Manual, Volume 5, Part D, to clarify how prospective adoptive parents can adopt a child under the Hague Adoption Convention. This update consolidates and clarifies existing guidance to provide clear requirements for the Hague process. The update: Explains how a foreign-born child may be eligible to be adopted through the Hague process; Describes the required order of immigration and adoption steps, including that a prospective adoptive parent should not adopt or obtain legal custody of a child for purposes of emigration and adoption before they complete certain steps in the Hague process; and Clarifies requirements for adoption service providers, including the use of a primary provider and requirements following a loss of accreditation. This policy manual update affirms our commitment to the standards and principles of the Hague Adoption Convention, including safeguards to protect the best interests of children. For more information, see the Hague Process webpage. Please do not reply to this message. See our Contact Us page for phone numbers and e-mail addresses.

Wednesday, June 12, 2024

USCIS Issues Policy Guidance on Customer Service and Confidentiality Protections for Certain Naturalized U.S. Citizens

USCIS is issuing guidance in the USCIS Policy Manual that interprets that the confidentiality protections under 8 U.S.C. 1367 end at naturalization, which will allow naturalized U.S. citizens previously protected under 8 U.S.C. 1367 (specifically, Violence Against Women Act (VAWA) self-petitioners and those seeking or with approved T and U nonimmigrant status) the ability to fully access e-filing and other customer service tools. This guidance is responsive to requests from naturalized citizens and other stakeholders, and it provides these U.S. citizens with increased access to customer service tools, helping to eliminate barriers to case processing and improving USCIS response times for certain inquiries. Termination of the protections after naturalization will allow a naturalized citizen to request a replacement naturalization certificate in the case where they may have misplaced this document. It would allow the citizen to ask or answer questions regarding their intent to be a financial supporter for parole applicants. Feedback from stakeholders, adjudicating officers, and naturalized citizens indicated that removing the barriers to communication and case processing, initiated by 8 U.S.C. 1367 protections, will prove a significant benefit in family reunification and humanitarian sponsorship. This will allow more freedom in exchanging information between the naturalized citizen and USCIS and in turn, increases customer service support from USCIS to the naturalized citizen. Persons eligible for and recipients of survivor-based immigration relief (specifically Violence Against Women Act (VAWA) self-petitioners and those seeking or with approved T and U nonimmigrant status) are entitled to protections under 8 U.S.C. 1367. The confidentiality provisions were enacted to protect noncitizen victims from their abusers’ use of the immigration system as a tool to further harm and control them and to limit disclosure of their requests for immigration protection. After a noncitizen victim becomes a U.S. citizen, their abuser no longer has the same means to use the immigration system against the victim. Continuing these safeguards after naturalization causes case processing delays and is more of a hardship than a protection mechanism. This guidance, contained in Volume 1 of the Policy Manual, is effective July 12, 2024. On that date, USCIS will stop applying the 8 U.S.C. 1367 protections to naturalized citizens. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. For more information, see the Policy Alert. To provide feedback on this update, email the Office of Policy and Strategy at policyfeedback@uscis.dhs.gov.