Category Archives: Department of Justice

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.

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

Introduction to Immigration Court Video

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EOIR has released an Introduction to Immigration Court video as part of its “Access EOIR” initiative. The video, currently available in English and Spanish, is designed to educate and inform noncitizens about the immigration court process. Please visit the Access EOIR webpage or EOIR’s YouTube channel to watch the video.

For assistance with your immigration process, call the LAW OFFICES OF NORKA M. SCHELL, LLC at (212) 258-0713.