IMMIGRATION COURTS AND USCIS CASES BACKLOG

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.

HOLIDAY TRAVEL

As an immigration lawyer, I often see holiday travelersfacing numerous challenges and hurdles when it comes to navigating the complex web of immigration laws and regulations. However, there are several pieces of advice I can offer to help improve the travel experience for those seeking to explore new countries and cultures during the holiday season.
First and foremost, I advise holiday travelers to ensure that their travel documents, including passports and visas, are up to date and valid for the duration of their trip. It’s important to thoroughly review the entry requirements for your destination country well in advance to avoid last-minute surprises or complications at the border.
Additionally, I recommend familiarizing yourself with the local customs and traditions of your destination to ensure that you are respectful and mindful of cultural differences. This can not only enhance your overall travel experience but also help you avoid inadvertently offending anyone during your holiday festivities.
Furthermore, it’s crucial to be aware of any travel restrictions or advisories that may be in place. Staying informed about vaccination requirements, quarantine rules, and any potential travel bans or restrictions will help holiday travelers make informed decisions and avoid unnecessary disruptions to their plans.
Lastly, I encourage holiday travelers to consider seeking legal guidance and support from an experienced immigration lawyer, especially if they have specific concerns or questions about their travel plans. By consulting with a legal professional, travelers can gain valuable insights and advice tailored to their individual circumstances, ensuring a smoother and more enjoyable holiday experience.
Remember, holiday travel is meant to be a time of joy and relaxation, so taking proactive steps to prepare and educate yourself on immigration matters can ultimately contribute to a more seamless and enjoyable trip. Safe travels, and happy holidays to all.
#TravelTips #ImmigrationLaw #HolidayTravel #LegalAdvice #GlobalCitizen

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

> 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.

DHS ANNOUNCEMENTS

On Nov. 08, 2023, The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. See here https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs-1.

On Nov. 16, 2023, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand from consumers. See https://www.uscis.gov/newsroom/news-releases/uscis-announces-availability-of-additional-h-2b-visas-for-fiscal-year-2024.

What do these announcements mean? They mean more opportunities for foreign workers to come to the United States for temporary agricultural and non-agricultural employment. If you are interested in participating in these programs, be sure to check the list of eligible countries and start the application process. This is a great opportunity for both employers and foreign workers to fill important roles and support various industries in the United States.

REFUGEE STATUS

Refugee law may be the world’s most powerful international human rights mechanism. Not only do millions of people invoke its protections every year in countries spanning globe, but they do so on the basis of a self-actuating mechanism of international law that, quite literally, allows at-risk persons to vote with their feet. This is because, as the United Nations High Commissioners of Refugees (“UNHR”) has insisted, refugee status is not a status that is granted by states; it is rather simply recognized by them:
“A person is a refugee within the meaning of the 1951 Convention as soon as he fulfills the criteria contained in the definition. This would necessarily occur prior to the time at which his refugee status is formally determined. Recognition of his refugee status does not therefore make him a refugee but declares him to be one. He does not become a refugee because of recognition but is recognized because he a refugee.” See UNHCR, Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, UN Doc. HCR/IP/4/Eng/REV.3 (2011).

Translations

O direito dos refugiados pode ser o mecanismo internacional de direitos humanos mais poderoso do mundo. Não só milhões de pessoas invocam as suas protecções todos os anos em países do mundo, como o fazem com base num mecanismo de auto-actuação do direito internacional que, literalmente, permite que pessoas em risco votem com os pés. Isso porque, como insistiu o Alto Comissariado das Nações Unidas para os Refugiados (“UNHR”), o status de refugiado não é um status concedido pelos Estados; é simplesmente reconhecido por eles:

“Uma pessoa é refugiada na acepção da Convenção de 1951 logo que preencha os critérios contidos na definição. Isso ocorreria necessariamente antes do momento em que seu status de refugiado é formalmente determinado. O reconhecimento do seu estatuto de refugiado não o torna portanto um refugiado, mas declara-o como tal. Ele não se torna refugiado por reconhecimento, mas é reconhecido porque é refugiado.” Ver ACNUR, Estatuto dos Refugiados ao abrigo da Convenção de 1951 e do Protocolo de 1967 relativo ao Estatuto dos Refugiados, Documento das Nações Unidas

El derecho de los refugiados puede ser el mecanismo internacional de derechos humanos más poderoso del mundo. Millones de personas no solo invocan sus protecciones cada año en países de todo el mundo, sino que lo hacen sobre la base de un mecanismo de derecho internacional que, literalmente, permite a las personas en riesgo votar con los pies. Esto se debe a que, como ha insistido el Alto Comisionado de las Naciones Unidas para los Refugiados (“ACNUR”), la condición de refugiado no es una condición otorgada por los Estados; Es más bien simplemente reconocido por ellos: “Una persona es refugiada en el sentido de la Convención de 1951 tan pronto como cumple los criterios contenidos en la definición. Esto ocurriría necesariamente antes del momento en que se determine formalmente su condición de refugiado. Por lo tanto, el reconocimiento de su condición de refugiado no lo convierte en refugiado, sino que lo declara como tal. No se convierte en refugiado por el reconocimiento, sino que es reconocido por ser refugiado”. Véase ACNUR.

难民法可能是世界上最强大的国际人权机制。不仅每年在世界各国有数百万人援引其保护,而且他们这样做的基础是国际法的自我驱动机制,从字面上看,允许处于危险之中的人用脚投票。这是因为,正如联合国难民事务高级专员(“UNHR”)所坚持的那样,难民地位不是国家授予的身份;他们相当简单地认识到: “一个人只要符合1951年《公约》的定义所载标准,即为该公约所指的难民。这必然发生在正式确定他的难民地位之前。因此,承认他的难民地位并不使他成为难民,而是宣布他为难民。他不是因为被承认而成为难民,而是因为他是难民而被承认。见难民署,《1951年公约》和1967年《关于难民地位的议定书》规定的难民地位,联合国文件HCR/IP/4/Eng/REV.3(2011年)。

শরণার্থী আইন বিশ্বের সবচেয়ে শক্তিশালী আন্তর্জাতিক মানবাধিকার ব্যবস্থা হতে পারে। বিশ্বজুড়ে ছড়িয়ে থাকা দেশগুলিতে প্রতি বছর লক্ষ লক্ষ মানুষ কেবল এর সুরক্ষাই প্রয়োগ করে না, তবে তারা আন্তর্জাতিক আইনের একটি স্ব-কার্যকর প্রক্রিয়ার ভিত্তিতে এটি করে যা আক্ষরিক অর্থে ঝুঁকিপূর্ণ ব্যক্তিদের তাদের পা দিয়ে ভোট দেওয়ার অনুমতি দেয়। এর কারণ, জাতিসংঘের শরণার্থী বিষয়ক হাইকমিশনাররা (“ইউএনএইচআর”) যেমন জোর দিয়ে বলেছেন, শরণার্থী মর্যাদা এমন একটি মর্যাদা নয় যা রাষ্ট্রগুলি দ্বারা প্রদত্ত হয়; এটি বরং তাদের দ্বারা স্বীকৃত: “একজন ব্যক্তি ১৯৫১ সালের কনভেনশনের অর্থের মধ্যে শরণার্থী হন যখনই তিনি সংজ্ঞায় অন্তর্ভুক্ত মানদণ্ডগুলি পূরণ করেন। এটি অবশ্যই তার শরণার্থী অবস্থা আনুষ্ঠানিকভাবে নির্ধারিত সময়ের আগে ঘটবে। তার শরণার্থী মর্যাদার স্বীকৃতি তাই তাকে শরণার্থী করে তোলে না বরং তাকে একজন হিসাবে ঘোষণা করে। স্বীকৃতির কারণে তিনি শরণার্থী হন না, বরং শরণার্থী হওয়ার কারণে তিনি স্বীকৃতি পান। দেখুন ইউএনএইচসিআর, ১৯৫১ সালের কনভেনশনের অধীনে শরণার্থী অবস্থা এবং শরণার্থীদের অবস্থা সম্পর্কিত ১৯৬৭ সালের প্রোটোকল, ইউএন ডক এইচসিআর / আইপি / ৪ / ইং / আরইভি .৩ (২০১১)

Ligji për refugjatët mund të jetë mekanizmi më i fuqishëm ndërkombëtar i të drejtave të njeriut në botë. Jo vetëm që miliona njerëz i përdorin mbrojtjet e saj çdo vit në vendet që shtrihen në glob, por e bëjnë këtë në bazë të një mekanizmi vetë-aktivizues të së drejtës ndërkombëtare që, fjalë për fjalë, lejon personat në rrezik të votojnë me këmbët e tyre. Kjo sepse, siç kanë këmbëngulur Komisionerët e Lartë të Kombeve të Bashkuara për Refugjatët (“UNHR”), statusi i refugjatit nuk është një status që jepet nga shtetet; Ajo është mjaft thjesht e njohur prej tyre: “Një person është refugjat në kuptimin e Konventës së vitit 1951 sapo plotëson kriteret e përmbajtura në përkufizim. Kjo do të ndodhte domosdoshmërisht përpara kohës në të cilën statusi i tij i refugjatit përcaktohet zyrtarisht. Njohja e statusit të tij të refugjatit nuk e bën atë një refugjat, por e deklaron atë të jetë një. Ai nuk bëhet refugjat për shkak të

Das Flüchtlingsrecht ist vielleicht der mächtigste internationale Menschenrechtsmechanismus der Welt. Nicht nur, dass sich jedes Jahr Millionen von Menschen in Ländern auf der ganzen Welt auf ihren Schutz berufen, sie tun dies auch auf der Grundlage eines selbsttätigen Mechanismus des Völkerrechts, der es gefährdeten Personen buchstäblich erlaubt, mit den Füßen abzustimmen. Dies liegt daran, dass, wie der Hohe Flüchtlingskommissar der Vereinten Nationen (“UNHR”) betont hat, der Flüchtlingsstatus kein Status ist, der von Staaten gewährt wird; Es wird von ihnen eher einfach erkannt: “Flüchtling im Sinne der Konvention von 1951 ist, wer die in der Definition enthaltenen Kriterien erfüllt. Dies würde notwendigerweise vor dem Zeitpunkt.‘
Le droit des réfugiés est peut-être le mécanisme international des droits de l’homme le plus puissant au monde. Non seulement des millions de personnes invoquent ses protections chaque année dans des pays du monde entier, mais elles le font sur la
base d’un mécanisme de droit international qui s’active automatiquement et qui, littéralement, permet aux personnes à risque de voter avec leurs pieds. En effet, comme l’a insisté le Haut-Commissariat des Nations Unies pour les réfugiés (UNHR), le statut de réfugié n’est pas un statut accordé par les États ; c’est plutôt simplement reconnu par eux : « Une personne est considérée comme réfugiée au sens de la Convention de 1951 dès lors qu’elle remplit les critères contenus dans la définition. Cela se.

H-2B Cap for Second Half of FY 2023 Has Been Reached

As per the U.S. Citizenship and Immigration Services (USCIS) announcement on March 2, 2023. See below.

H-2B Cap for the Second Half of FY 2023

USCIS has received enough petitions to meet the congressionally mandated H-2B cap for the second half of FY 2023. Feb. 27, 2023, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after Apr. 1, 2023, and before Oct. 1, 2023. We will reject new cap-subject H-2B petitions received after Feb. 27, 2023, that request an employment start date on or after Apr. 1, 2023, and before Oct. 1, 2023.

On Feb. 27, 2023, the number of beneficiaries for whom USCIS received petitions surpassed the total number of remaining H-2B visas available for the H-2B cap for the second half of FY 2023. In accordance with regulations, we determined it was necessary to use a computer-generated selection process intended to ensure the fair and orderly allocation of H-2B visa cap numbers available, without exceeding the FY 2023 cap. On March 1, 2023, we conducted the selection process to randomly select petitions from those received on Feb. 27, 2023. Upon completion of this random selection process, we assigned all selected petitions a receipt date and began premium processing services.

We continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change their employers;
Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam (until Dec. 31, 2029).
Filing Dates for Second Half of FY 2023 Supplemental Visas

The Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule on Dec. 15, 2022, increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of FY 2023. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on the DOL Form ETA 9142-B-CAA-7 (PDF). These supplemental H-2B visas are for U.S. employers seeking to petition for additional workers at certain periods of the fiscal year before Sept. 15, 2023. See www.uscis.com

Vistos de Viagem

Um cidadão de um país estrangeiro que deseja viajar para os Estados Unidos geralmente deve primeiro obter um visto para Estados Unidos. O visto é obtido no Consulado Americano ou na Embaixada America. Para obter um visto o candidato deverá preencher a aplicação do visto desejado.

O processo de solicitação de um visto varia dependendo da Embaixada ou Consulado dos Estados Unidos onde o candidato estiver. Siga as instruções específicas para o país em que você está.

Em geral, você precisará de:

1. Para preencher o formulário on-line
2. Uma foto
3. O pagar a taxa de solicitação de visto
4. Para agendar uma entrevista

Certos estrangeiros podem ser elegíveis para viajar para os Estados Unidos sem visto se atenderem aos requisitos para viagens sem visto.
Para mais informações sobre visto visite www.travel.state.gov

DHS and DOJ Issue Interim Final Rule on Credible Fear Screenings and Consideration of Asylum Claims by USCIS Officers

Elizabeth Carlson,

Joanna Mexicano Furmansk

Last Updated

April 21, 2022

Topics

Asylum and Refugee Law
Removal Proceedings

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have jointly issued an interim final rule to revise the processing of certain applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The timing of this rule coincides with the end of Title 42, a legal procedure used to expel hundreds of thousands of asylum seekers from the United States without a hearing or due process. Title 42 of the U.S. Code, section 265, was used under both the Trump and Biden administrations to prohibit the entry of individuals into the United States based on the COVID-19 pandemic. This section allows the Director of the Centers for Disease Control and Prevention to prohibit the entry of individuals if they present a danger of introduction of a communicable disease.

The Biden administration has announced that Title 42 will end on May 23, 2022. The goal of the new regulations is to speed up the asylum process in response to the expected increase in individuals who will seek asylum in the United States with the intention of completing the asylum process within six months.

The notable regulatory changes in the interim final rule include authorizing asylum officers within U.S. Citizenship and Immigration Services (USCIS) to adjudicate the asylum claims of individuals who receive a positive credible fear determination after being placed into expedited removal. Following a positive credible fear interview (CFI) the applicant will be provided an Asylum Merits interview in which USCIS will decide whether to grant asylum and, if necessary, determine the applicant’s eligibility for withholding of removal or protection under the CAT. Prior to this rule, those cases were decided only by immigration judges within the DOJ’s Executive Office for Immigration Review (EOIR). USCIS will issue a Notice to Appear (NTA) to any noncitizen not granted asylum by USCIS after an Asylum Merits interview. The proceedings before the Immigration Judge are to be concluded pursuant to a “streamlined” processing timeline.

Summary of the Proposed Amendment to the Asylum Regulations for Individuals Subject to Expedited Removal Who Have a Credible Fear of Persecution or Torture

The interim final rule, once it goes into effect on May 31, 2022, will make the following changes to the asylum regulations:

  1. DHS and DOJ will generally return to the regulatory framework governing the credible fear screening process in place before the Trump administration’s various proposed regulatory changes that would have heightened the screening standard. Specifically, the proposed regulations will return to the intentionally low “significant possibility” screening standard in place prior to the Trump’s administration’s attempt to heighten the screening standard. The regulations also return to the historical practice of not applying the mandatory bars to asylum at the credible fear screening stage.
  2. The regulations amend the definition of “asylum application” to provide that a written record of a positive credible fear interview satisfies the asylum filing requirements for all purposes, including the one-year filing deadline and eligibility for employment authorization.
  3. The regulations also create a new Asylum Merits interview process for those who receive a positive credible fear determination. Those individuals who receive such a determination will be scheduled for an Asylum Merits interview for USCIS to consider their asylum application in the first instance.
  4. For those individuals not granted asylum by USCIS during the Asylum Merits interview process, the regulations create a new process for such asylum cases to be referred to EOIR and proceed on an accelerated timeline. There are strict rules about the timing of the commencement of proceedings, service of documents, scheduling of hearings, and granting extensions and adjournments. There are additional rules regarding the form of the asylum application, the consideration of evidence and testimony, and the weight of the USCIS determination on an individual’s withholding or CAT applications, all intended to fast-track the process.
  5. Finally, the new regulations specify that parole under INA § 212(d)(5) is the only avenue for release from detention pending the Asylum Merits interview and subsequent removal proceedings. The regulations also provide that this parole cannot serve as an independent basis for employment authorization.

https://cliniclegal.org/resources/asylum-and-refugee-law/dhs-and-doj-issue-interim-final-rule-credible-fear-screenings-and

CBP Releases February 2022 Monthly Operational Update

CBP’s February Monthly Operational Update reflects the continued economic rebound from the depths of the COVID pandemic, with CBP officers processing more than 2.8 million shipments in legitimate trade valued at more than $236 billion. February also registered a slight uptick in the number of encounters along the Southwest border, with most individuals arriving from Mexico and the Northern Triangle, and the majority of noncitizens expelled under Title 42,” said CBP Commissioner Chris Magnus. “CBP also continues to successfully interdict illegal narcotics through our expanded use of non-intrusive inspection technology (NII) and other strategies. As with every monthly update, February’s report highlights the tremendous breadth and scope of work that the men and women of CBP carry out every single day to safeguard our borders and support our economy.”

CBP Southwest Border Enforcement Numbers for February 2022

The large number of expulsions during the pandemic has contributed to a higher-than-usual number of migrants making multiple border crossing attempts, which means that total encounters somewhat overstate the number of unique individuals arriving at the border.

  • The number of unique individuals encountered nationwide in February 2022 was 116,678, a 2 percent increase in the number of unique individuals encountered the prior month.
  • In total, there were 164,973 encounters along the Southwest land border in February, a 7 percent increase compared to January. Of those, 30 percent involved individuals who had at least one prior encounter in the previous 12 months, compared to an average one-year re-encounter rate of 14 percent for FY2014-2019.
  • More than three-fourths (76 percent) of encounters were single adults, with 126,151 encounters in February, an 11 percent increase compared to January.
  • 91,513 encounters, 55 percent of the total, were processed for expulsion under Title 42. 73,460 encounters were processed under Title 8.
    • 83,553 encounters involving single adults (66 percent of all single adult encounters) were processed for expulsion under Title 42, with 42,598 processed under Title 8.
    • 7,773 encounters involving family unit individuals (29 percent of all family unit individuals) were processed for expulsion under Title 42, with 18,809 processed under Title 8.

Unaccompanied Children

  • Encounters of unaccompanied children increased 37 percent, with 12,011 encounters in February compared with 8,760 in January. In February, the average number of unaccompanied children in CBP custody was 520 per day, compared with an average of 295 per day in January.

Family Unit individuals

  • Encounters of family unit individuals decreased by 17 percent from 31,998 in January to 26,582 in February—which is a 69 percent decrease from the peak of 86,631 in August 2021.

CBP Nationwide Total Encounters for FY22TD through February: 967,743

CBP Nationwide Encounters for FY22 February: 189,602

International Travel and Trade

One of CBP’s core mission objectives is to enhance the nation’s economic prosperity, including through the facilitation of lawful trade and travel. CBP continues to protect America’s national and economic security by facilitating legitimate trade while rigorously enforcing U.S. customs laws and regulations.

Count February 2020 February 2021 % Feb 2021 Change from

February 2020

February 2022 %Feb 2022 Change from Feb 2020 % Feb 2022 Change from

February 2021

Air 11,695,959 2,019,030 -82.7% 6,878,917 -41.19% 340.7%
Passenger

Vehicles

16,118,593 10,395,614 -48.2% 13,235,073 -17.89% 148.9%
Pedestrians 4,123,417 1,815,604 -56% 2,939,209 -28.72% 161.9%
Commercial Trucks 960,342 939,383 -2.2% 945,317 -1.56% 100.6%

 

Since travel restrictions were eased on November 8, CBP has processed increased numbers of arriving travelers without any significant delays. The new rules allow travelers who are non-U.S. persons to seek to enter the United States for non-essential travel via land ports of entry and ferry terminals, provided they are fully vaccinated and have appropriate documentation. The updated guidelines also allow most non-immigrants (non-U.S. citizens and other covered persons) who are fully vaccinated to travel by air to the United States, regardless of the reason for travel.

CBP will continue to track traveler numbers and wait times over the next few months and continue to adjust as needed to make the travel experience more efficient. In the meantime, travelers can plan by doing the following:

  • Have a valid Western Hemisphere Travel Initiative document, such as a passport, Trusted Traveler Program card, or Enhanced Tribal Card.
  • Possess proof of an approved COVID-19 vaccination as outlined on the CDC website.
  • Verbally attest to their travel intent and COVID-19 vaccination status.
  • Be prepared to present any documents requested by the CBP officer.

Accountability and Transparency

As part of the agency’s continuing effort to promote organizational accountability and transparency, CBP announced the release of its Report on Internal Investigations and Employee Accountability: Fiscal Year 2020. For FY2020, CBP leadership directed the Office of Professional Responsibility and Human Resources Management to generate a joint report combining information regarding allegation intake and misconduct investigations with information regarding disciplinary outcomes. CBP is committed to being a leader in law enforcement accountability and transparency by providing multiple ways to report incidents as well as timely, accurate and appropriate information regarding CBP-related deaths, use of force incidents, and other critical incidents resulting in serious injuries. The Accountability and Transparency page provides the public with statements, policies, reports, and other important information concerning critical incidents and related OPR reviews and investigations.

Trade Stats/Seizures – Protecting the American Consumer

CBP works diligently with the trade community and port operators to ensure that merchandise is cleared as efficiently as possible. CBP works with the trade community to strengthen international supply chains and improve border security. There are several programs by which CBP works with importers, carriers, consolidators, licensed customs brokers, and manufacturers to advance information about the shipments and expedite the inspection process at the ports of entry. CBP is available to conduct exams and is ready and willing to expand hours of operations if necessary to meet the growing demand for imported goods.

In February 2022 alone, CBP processed more than 2.8 million entry summaries valued at more than $236 billion, identifying estimated duties of nearly $7.7 billion to be collected by the U.S. government. In February, trade via the ocean environment accounted for more than 40 percent of the total import value, followed by air, truck, and rail.

Intellectual property rights violations continue to put America’s innovation economy at risk. Trade in counterfeit and pirated goods threaten the competitiveness of U.S. businesses, the livelihoods of American workers, and the health and safety of consumers.

In February 2022, CBP seized nearly 1,973 shipments that contained counterfeit goods valued at more than $225 million (MSRP).

Drug Seizures

CBP officers, Border Patrol agents, and Air and Marine Operations agents continue to interdict the flow of illicit narcotics across the border. Nationwide, drug seizures (Cocaine, Methamphetamine, Heroin, Fentanyl, and Marijuana) by weight were down 1 percent in February compared to January. Seizures were as follows:

  • Cocaine seizures increased 83 percent
  • Methamphetamine increased 97 percent
  • Heroin seizures increased 173 percent
  • Fentanyl seizures decreased 21 percent

Additional CBP drug seizure statistics can be found here.

Agriculture Stats/Seizures – Securing American Agriculture

In February 2022, CBP agriculture specialists helped protect America’s agriculture, natural resources, and economic prosperity.

  • CBP issued 5,909 emergency action notifications for restricted and prohibited plant and animal products entering the United States.
  • CBP conducted 62,350 positive passenger inspections and issued 481 civil penalties and/or violations to the traveling public for failing to declare prohibited agriculture items.

CBP COVID-19 Response

The safety of our workforce, our communities, and individuals in our care is a top priority.  CBP personnel put themselves and their families at risk with every encounter with the public.

Since the start of the pandemic:

  • More than 23,629 CBP employees have tested positive for COVID-19.
  • 64 have passed away.

CBP continues to explore adjustments to workforce posture and health protocols based on widespread vaccine access and easing public health metrics:

  • CBP provides migrants who can’t be expelled under the CDC’s Title 42 order or are awaiting processing with PPE from the moment they are taken into custody, and migrants are required to keep masks on at all times.
  • CBP works with appropriate agencies that facilitate testing, diagnosis, isolation, and treatment of migrants, including:
    • Local governments and non-governmental organizations for persons released from CBP custody;
    • ICE for testing of persons to be released from CBP custody, particularly in locations without local government or NGO testing capability; and,
    • HHS for testing of unaccompanied children.
  • DHS has developed a partnership model to test and isolate families who test positive for COVID-19, and reimburse 100 percent of the cost, provided that the state does not stand in the way.
Last modified:
March 15, 20

Introduction to Immigration Court Video

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.