Category Archives: DACA

Issues to Watch For In 2024

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Welcome to the year 2024! As we embark on this new year, it is essential to stay informed and understand what to expect from the U.S. Congress in the year of 2004. The political landscape is constantly changing, it is crucial to have a clear understanding of the potential policies and legislation that may impact immigrant communities.
In 2024, immigrants can expect the United States Congress to continue debating and introducing legislation related to immigration reform. The issue of immigration has long been a contentious and polarizing topic in American politics, and it is likely that United States Congress will continue to address this issue in the coming years.

Here are some issues you should watch for in 2024.

1. H-1B – The Department of Homeland Security has recently proposed amendments to its regulations concerning H-1B specialty occupation workers. See H-1B proposed amendments here. The goal of the proposed amendments is to modernize and improve the integrity measures related to the H-1B visa program. This program allows foreign workers with specialized knowledge and skill to work in the United States, and it is vital for the American economy.
2. USCIS Fee Increases – The USCIS is expected to increase its fees for various immigration services, with some fees more than doubling in cost. For example, the fee for an application for naturalization, the process of becoming a U.S. citizen, is expected to increase from the current $725. to a proposed $1,170. Similarly, an application for a green card is expected to rise from $1,225. to $2,195. These substantial fee hikes are expected to have a significant impact on immigrants and their families, especially those who may already be struggling financially. Expecting USCIS to publish its final rule in April 2024.
3. DACA (Deferred Action for Childhood Arrivals)- On September 13, 2023, the U.S. District Court for Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) unlawful and expanding the original July 16, 2021, Injunction and Order for vacatur to cover the Final Rule. See Decision here. However, the court maintained a partial stay of the Order for “All DACA recipients who received their initial DACA status prior to July 16, 2021. As of now, DACA recipients’ future is uncertain.

It is possible that the United States Congress may consider comprehensive immigration reform that addresses various aspects of the immigration system, including pathways to citizenship for undocumented immigrants, reforms to the legal immigration system, and border security measures. Additionally, there may be discussion about the future of Temporary Protected Status (TPS) for immigrants from certain countries facing instability or natural disasters.

It is important for immigrants to stay engaged with the political progress of these issues. This can be done through contacting elected representatives, participating in advocacy organizations, and staying informed about policies and legislation that may impact immigrant communities.

Ultimately, the expectations for the United States Congress in 2024 will depend on the outcome of the upcoming election and the priorities of the elected officials. It is important for immigrants to stay informed and engaged in the political process in order to have a voice in shaping policies that impact their lives. By staying informed and actively participating in the democratic process, immigrants can help ensure that their needs and interests are represented in the decisions made by the U.S. Congress.

Welcome to the year of 2024, where the potential for progress and change is as vast as the sky. It is up to us to embrace the opportunities that lie ahead and to work towards creating a better, more sustainable, and inclusive future for generations to come.

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.

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

Immigration in 2020

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The past year has arguably been the Trump administration’s most successful one in its quest to restrict asylum at the U.S.-Mexico border, overhaul the nation’s legal immigration system, crack down on undocumented immigrants, alter America’s status as a safe haven for refugees and challenge decades of bipartisan consensus that robust immigration is key to America’s economic and social prosperity.

The 2020 promises to be a big year for employment-related immigration developments.

Here are the top five to watch.

USCIS Fees

Applying for a visa will get a lot more expensive. That’s if the final version of U.S. Citizenship and Immigration Services’ new fee schedule looks anything like its proposal—and it likely will. And that fee increase will be especially acute for employers of temporary foreign workers.

The USCIS also is proposing to increase the fee for named workers on H-2A agricultural guest worker visas and H-2B nonagricultural, seasonal guest worker visas while limiting the number of named workers who can be listed on each petition. That means employers seeking large numbers of guest workers will be on the hook for potentially hundreds of thousands of dollars each season.

The proposed rule is a sweeping attack on the United States immigration and naturalization system designed to limit immigration, asylum, and naturalization, with a disproportionate impact on communities of color and non-wealthy immigrants. The proposal includes a plan to transfer over $100 million of USCIS funds to Immigration and Customs Enforcement (ICE), the agency responsible for enforcement.

H-1B Changes

Electronic preregistration for the H-1B lottery becomes official March 1, 2020. Authorized by a January 2019 regulation, the new process will allow employers to enter the lottery for the 85,000 visas that become available Oct. 1, 2020, without having to prepare a full petition and supporting documentation.

Preregistration has the potential to streamline the H-1B application process, but also could cause problems for smaller employers trying to compete for the visas.

Also expect to see a new proposed rule from the USCIS that would redefine an H-1B “specialty occupation” to restrict eligibility to the “best and brightest” applicants. The proposal likely will reflect how the agency already is treating H-1B petitions, but codifying the practice would make it more difficult for businesses to challenge visa denials in court.

DACA Decision

The U.S. Supreme Court likely will rule in June on whether the Trump administration legally ended the Deferred Action for Childhood Arrivals program, which provides deportation protections and work permits to young, undocumented immigrants who came to the U.S. as children.

The justices’ reaction to oral arguments Nov. 12 appears to indicate that the court will back the administration’s curtailment of the seven-year program.

One report by pro-immigration groups estimated that ending DACA will result in an average of 30,000 DACA recipients losing their jobs every month. Another report concluded that removing DACA workers from the economy would cause a $460.3 billion drop in the national gross domestic product over the next decade.

The question remains whether Congress would be willing to pass legislation providing legal status to DACA recipients so close to the election. The House passed such a bill in June, but the Senate hasn’t made any move to take it up.

Optional Practical Training

Optional practical training, which allows foreign graduates of U.S. colleges and universities to work in the U.S., could see big changes next year.

A federal judge in Washington has indicated a willingness to entertain a lawsuit by a group of U.S.-born tech workers who say OPT is illegal and harms their job prospects. The potential for the case to upend OPT recently prompted a wave of amicus briefs.

“Without OPT and STEM OPT, employers would suddenly find fewer STEM-educated persons to take positions in the United States for jobs that cannot be filled with native employees alone,” according to one brief filed by 52 businesses and 11 industry associations.

Immigration and Customs Enforcement, which manages OPT, also has revived its plan to overhaul the regulations governing the program. That change, combined with another proposal to limit how long international students can remain in the U.S., could upend how the program operates in the future—if the courts allow it to continue.

H-4 Work Permits

A longtime Trump administration promise to rescind a program providing work permits to certain H-4 spouses of H-1B workers likely will come to fruition in 2020.

A Homeland Security Department proposal has been under review at the White House Office of Management and Budget since February 2018. The agency now anticipates a spring 2020 release for public comment, which would mean a summer or early fall implementation of the final regulation.

A lawsuit against the program brought by U.S.-born tech workers also recently gained traction when a federal appeals court in Washington said the workers showed that it’s causing them to face increased job competition. Now back with the federal district court, the case could result in a finding next year that the program is illegal.

That would put more than 120,000 H-4 spouses, mostly women from India, out of work.

By Laura D. Francis Bloomberg Law.

By Camilo Moyntoya-Galvez Dec. 31, 2019/ 6:59 AM/ CBS News