Category Archives: Biden-Harris Administration

IMMIGRATION COURTS AND USCIS CASES BACKLOG

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The backlog in the Immigration Courts and in the United States Citizenship Services (USCIS) is a growing concern for many immigrants and their families. The backlog has created long wait times for individuals seeking resolution to their immigration cases, leading to uncertainty and anxiety about their status in the United States.

The Immigration Courts, which fall under the jurisdiction of the Department of Justice, are responsible for adjudicating immigration cases, including removal proceedings (deportation), and asylum claims. In recent years, the backlog of cases in these courts has reached unprecedented levels, with over 1.3 million cases pending as of 2021. This backlog means that individuals may have to wait years for their cases to be heard, leaving them in limbo and ensure of their future in the United States.

The USCIS, the agency responsible for processing immigration applications and petitions, has also been plagued by a significant backlog. As of 2021, the agency has over 6.3 million applications pending, including naturalization, green card applications, visa applications, and employment authorizations. This backlog has resulted in lengthy processing times, with some individuals waiting years for their applications to be adjudicated.

The backlog in both the Immigration Courts and the USCIS has far-reaching consequences for immigrants and their families. It can result in prolonged separation from loved ones, uncertainty about employment and housing, and a constant state of limbo and anxiety. Additionally, the backlog hinders the efficient and fair administration of the immigration system, leading to delays in resolution of cases and preventing individuals from moving forward with their lives in the United States.

There are various factors that have contributed to the backlog in the Immigration Courts and USCIS. The complexity of immigration laws and regulations, increased enforcement actions, and lack of resources and staffing have all played a role in creating this backlog. Additionally, the COVID-19 pandemic has further exacerbated the situation, leading to court closures and processing delays.

Efforts are being made to address the backlog in both Immigration Courts and USCIS. The Biden administration has proposed more judges and staff, improved technology and infrastructure, and streamline processes. Additionally, there have been calls for legislative reforms to the immigration system to address the root causes for the backlog and ensure a more efficient and fain adjudication of cases.

In conclusion, the backlog in the Immigration Courts and USCIS is a pressing issue that has significant implications for immigrants and their families. It is essential for efforts to be made to address this backlog, to ensure timely and fair resolution for immigration cases, and to provide individuals with the certainty and stability the need to build their lives in the United States.

THE WHITE HOUSE’S POTENTIAL OVERHAUL OF AMERICAN’S ASYLUM SYSTEM: A LAST-DITCH EFFORT TO SECURE REPUBLICAN SUPPORT FOR THE SPENDING BILL

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> The White House’s consideration of significant changes to America’s Asylum System and nationwide expansion of authority to expeditiously remove people from the interior represents a dramatic shift in U.S. immigration policy. The proposed changes are being viewed as a last-gasp effort to garner Republican support for a necessary supplemental spending bill. However, the potential consequences of these changes raise serious concerns and should be carefully considered.

One major consequence of these proposed changes is the potential violation of international human rights enshrined in international law, and any attempt to drastically alter the asylum system could be seen as violation of these standards. The expansion of authority to expedite removals from the interior could also lead to issues of due process and the risk of departing individuals who genuinely fear persecution in their home countries.

Furthermore, the changes could lead to an increase in the number of individuals being deported, including those who have established lives in the United States. This could have devasting consequences for families and communities, tearing apart the fabric of society and causing immense human suffering. Additionally, a rapid expansion of deportations could strain resources and infrastructure, leading to logistic challenges and potential human rights abuses in detention facilities.

In addition the proposed changes could engender a climate of fear and uncertainty among immigrant communities. The threat of expedited removals and significant changes to the asylum system could deter individuals from seeking protection and accessing necessary services. This could lead to further marginalization and vulnerability for already vulnerable population.

From a political perspective, the proposed changes could further polarize an already deeply divided issue. While the White House may hope to gain Republican support for Supplemental Spending Bill, the potential impact of these changes on immigrant communities and human rights could result in backlash and further alienation.

In conclusion, the consequences of the proposed changes to America’s Asylum System and the nationwide expansion of authority to expeditiously remove people from the interior are deeply concerning. The potential violations of international human rights standards, the impact on families and communities, the climate of fear among immigrant populations, and the potential for further political polarization all points to the need for careful consideration and deliberation. The implications of these changes go beyond political expediency and require a thoughtful and through examination of their impact on vulnerable populations and the foundational principles of international human rights.

DEPARTMENT OF LABOR ANNOUNCES NEW ACTIONS IN WHITE HOUSE TASK FORCE REPORT TO PROTECT MIGRANT, US WORKERS AGAINST EMPLOYER EXPLOITATION

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On October 19, 2023, the White House H-2B Worker Protection Taskforce report, the U.S. Department of Labor joined the Department of Homeland Security, Department of State and U.S. Agency for International Development to announce new efforts to strengthen protections for workers in the H-2B program, who are vulnerable to exploitation by their employers.

Each agency involved in the task force is committed to key actions aimed at improving the safety and security of all workers under the H-2B program and ensuring American workers are not disadvantaged when employers use the visa program. These actions include better protecting workers engaged in labor disputes, addressing exploitation during recruitment, sharing resources with workers to inform them of their rights, enhancing data sharing and participating in a new working group dedicated to H-2 workers’ rights.

The announcement is part of the Biden-Harris administration’s whole-of-government approach to ensuring our most vulnerable workers know their rights, are protected from abuse at the hands of their employers and can advocate for themselves at work.

“The H-2B program has been plagued by worker exploitation for too long,” said Acting Secretary of Labor Julie Su. “The Biden-Harris administration is committed to protecting H2-B workers from abuse and with this report, we’re taking a whole-of-government approach to protecting these vulnerable workers, which will also help ensure they are not used to undercut labor standards for domestic workers. We look forward to working with our sister agencies across the federal government to implement these recommendations and work towards better protecting every worker in America.”

The White House Taskforce report announces more than a dozen action items to be taken across the federal government to advance protections for H-2B and, in select cases, H-2A workers. Partnering with the White House, Department of Homeland Security, Department of State and U.S. Agency for International Development, the Department of Labor will:

1. Reduce workers’ vulnerability to exploitation from labor recruiters and employers by using enhanced information collection from other agencies, making it easier to prevent and enforce against exploitation by recruiters.
2. Empower workers by identifying and developing resources designed to provide workers with information about their rights under H-2 programs and disseminating information widely, including through MigrantWorker.gov and through additional task force agency channels.
3. Leverage existing data to increase transparency and reduce the vulnerability of H-2 workers through interagency data sharing, which will improve outreach and streamline responses to labor law violations.
4. Participate in a new interagency H-2 Worker Protection Working Group to guide the implementation of deliverables described in the task force report.
Read the interagency report and learn more about the H-2B Worker Protection Taskforce.

Agency Employment and Training Administration
Date October 19, 2023
Release Number 23-2256-NAT

Biden Administration and Immigration in 2022

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CNN — How many times has the Biden White House had an unresolved conflict between idealism and pragmatism on the issue of immigration? How many times has it hesitated to take action, opting instead for political messaging? The sad answer to both questions is: every time.

Most of the officials appointed by President Joe Biden to work on immigration have resigned in frustration, according to a bombshell report from The New York Times in April. “The White House has been divided by furious debates over how – and whether – to proceed in the face of a surge of migrants crossing the southwest border,” the report said.

Some wanted more openness to immigrants of all kinds. Others wanted a coherent set of rules to be applied to the millions of people at the border. And some others wanted a compromise with Republicans to create a new merit-based, green-card system. They all got nothing.

A new report from the Department of Homeland Security for August confirmed over 2 million border apprehensions and expulsions this year so far. Previously, the United States only experienced more than 1 1/2 million apprehensions a few times in its history: during the late 1990s and then in 2021. At the current pace, that record could be doubled by the end of this year. And next year, if no policies change, it could double again…

Open border chaos increases human trafficking and drug trafficking. It turns what should be a foreign policy strength into a national security weakness.

When we ponder what Biden should do to address the immigration mess at the border, the honest answer is: something, anything. Because the status quo of playing politics while seemingly ignoring policy is not only politically divisive, but it’s also missing a golden opportunity.

Biden should take advantage of his moment in history to boldly reform American refugee policy. He could, at the stroke of a pen, redefine how many refugees are allowed into the United States by taking advantage of the distinction our laws make between those granted temporary protection and those awarded permanent residency.

Editor’s Note: Tim Kane is the president of the American Lyceum and a visiting fellow at the Hoover Institution. His most recent book is “The Immigrant Superpower.” The views expressed in this commentary are his own. View more opinion on CNN.https://www.cnn.com/2022/10/05/opinions/immigration-policy-biden-administration-kane/index.html

DHS Announces New Migration Enforcement Process for Venezuelans

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Venezuelans who seek to enter the U.S. illegally will be returned to Mexico; New lawful pathway created for some Venezuelans.

As part of the Biden-Harris Administration’s ongoing work to build a fair, orderly, and secure immigration system, the Department of Homeland Security (DHS) announced joint actions with Mexico to reduce the number of people arriving at our Southwest border and create a more orderly and safe process for people fleeing the humanitarian and economic crisis in Venezuela.

The United States and Mexico intend to address the most acute irregular migration and help ease pressure on the cities and states receiving these individuals.

Effective immediately, Venezuelans who enter the United States between ports of entry, without authorization, will be returned to Mexico. At the same time, the United States and Mexico are reinforcing their coordinated enforcement operations to target human smuggling organizations and bring them to justice. That campaign will include new migration checkpoints, additional resources and personnel, joint targeting of human smuggling organizations, and expanded information sharing related to transit nodes, hotels, stash houses, and staging locations. The United States is also planning to offer additional security assistance to support regional partners to address the migration challenges in the Darién Gap.

To reduce the irregular migration of Venezuelans also includes a new process to lawfully and safely bring up to 24,000 qualifying Venezuelans into the United States. The United States will not implement this process without Mexico keeping in place its independent but parallel effort to accept the return of Venezuelan nationals who bypass this process and attempt to enter irregularly.

“These actions make clear that there is a lawful and orderly way for Venezuelans to enter the United States, and lawful entry is the only way,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Those who attempt to cross the southern border of the United States illegally will be returned to Mexico and will be ineligible for this process in the future. Those who follow the lawful process will have the opportunity to travel safely to the United States and become eligible to work here.” https://www.dhs.gov/news/2022/10/12/dhs-announces-new-migration-enforcement-process-venezuelans