IMMIGRATION legislation and court Actions
Knowledge is power. Stay informed.
Please note that although the legislation listed below did not pass Congress, new bills have been introduced. This information will be updated soon.
Please note that although the legislation listed below did not pass Congress, new bills have been introduced. This information will be updated soon.
Status of Federal Immigration LegislatioN - fEBRUARY 2023
If you have questions about immigration legislation or other immigration issues, send them to jcirawa@gmail.com with the word “Question” in the subject line. We will try to answer questions either by return email or in this newsletter.
DACA and the Dream Act
Senators Durbin and Graham again introduced the Dream Act on February 14, providing permanent protection from deportation and a pathway to citizenship for immigrants who were brought into the country by their parents when they were children. The Deferred Action for Childhood Arrivals (DACA) program was created in 2012 by President Obama. It provides temporary protection from deportation and authorization to work for those who qualify, but it does not provide a pathway to permanent residency or citizenship. The program has been controversial and the subject of partisan debate since its inception. It has been the subject of much court action aimed at shutting the program down. At present a lawsuit filed by nine states asking that DACA be declared illegal is pending with a decision expected this spring. There are now about 600,000 individuals covered by the DACA program. All of them live with an uncertain future, fearing that the program could end and deportation follow. The Dream Act would put an end to this unfair and unjust situation. JCIRA urges us to support passage of the Dream Act in any way possible.
Other Bills Introduced
A total of nineteen bills have been introduced in the House and three in the Senate. HR575 and HR614 seek to loosen the restrictions on temporary migrant workers in the fishing, seafood, and agricultural industries to address the serious worker shortages. This issue was the subject of the Farm Workforce Modernization Act which failed to pass in the previous congress. Sixteen bills are aimed at either preventing immigration or removing immigrants now in the country.
Proposals for Comprehensive Immigration Reform
The Biden Administration issued a “Blueprint for a Fair, Orderly and Humane Immigration System” in 2021 which remains on their agenda. This is available here.
The conservative CATO Institute published a white paper in 2020 titled “12 New Immigration Ideas for the 21st Century” available here.
Border Policies
Unfortunately the Biden Administration continues to enforce certain policies that prevent people from exercising their legal right to request asylum. For example, Public Health Title 42 is used to turn back many asylum seekers. The administration has announced plans to end the practice, but GOP Attorneys General have sought to intervene in the case to defend the policy. The Supreme Court ruled on February 16 that they will not consider this challenge, so the administration can stop using Title 42 to prevent entry. However, this will mean that many more people will be requesting asylum and so the workload on Border Patrol personnel will increase. This may exacerbate problems of asylum seekers not being treated humanely and with respect.
Afghan Adjustment Act
Of course, there still needs to be action on the Afghan Adjustment Act that would grant permanent resident status to Afghan refugees who are present in the U.S. under Humanitarian Parole which now has a two year limit. Many of these persons were promised protection in return for service to the U.S. military or government. If no action is taken, as many as 75,000 persons could be subject to deportation as soon as August of this year. For many deportation would be a death sentence. Find out how you can take action on this important legislation here.
DACA and the Dream Act
Senators Durbin and Graham again introduced the Dream Act on February 14, providing permanent protection from deportation and a pathway to citizenship for immigrants who were brought into the country by their parents when they were children. The Deferred Action for Childhood Arrivals (DACA) program was created in 2012 by President Obama. It provides temporary protection from deportation and authorization to work for those who qualify, but it does not provide a pathway to permanent residency or citizenship. The program has been controversial and the subject of partisan debate since its inception. It has been the subject of much court action aimed at shutting the program down. At present a lawsuit filed by nine states asking that DACA be declared illegal is pending with a decision expected this spring. There are now about 600,000 individuals covered by the DACA program. All of them live with an uncertain future, fearing that the program could end and deportation follow. The Dream Act would put an end to this unfair and unjust situation. JCIRA urges us to support passage of the Dream Act in any way possible.
Other Bills Introduced
A total of nineteen bills have been introduced in the House and three in the Senate. HR575 and HR614 seek to loosen the restrictions on temporary migrant workers in the fishing, seafood, and agricultural industries to address the serious worker shortages. This issue was the subject of the Farm Workforce Modernization Act which failed to pass in the previous congress. Sixteen bills are aimed at either preventing immigration or removing immigrants now in the country.
Proposals for Comprehensive Immigration Reform
The Biden Administration issued a “Blueprint for a Fair, Orderly and Humane Immigration System” in 2021 which remains on their agenda. This is available here.
The conservative CATO Institute published a white paper in 2020 titled “12 New Immigration Ideas for the 21st Century” available here.
Border Policies
Unfortunately the Biden Administration continues to enforce certain policies that prevent people from exercising their legal right to request asylum. For example, Public Health Title 42 is used to turn back many asylum seekers. The administration has announced plans to end the practice, but GOP Attorneys General have sought to intervene in the case to defend the policy. The Supreme Court ruled on February 16 that they will not consider this challenge, so the administration can stop using Title 42 to prevent entry. However, this will mean that many more people will be requesting asylum and so the workload on Border Patrol personnel will increase. This may exacerbate problems of asylum seekers not being treated humanely and with respect.
Afghan Adjustment Act
Of course, there still needs to be action on the Afghan Adjustment Act that would grant permanent resident status to Afghan refugees who are present in the U.S. under Humanitarian Parole which now has a two year limit. Many of these persons were promised protection in return for service to the U.S. military or government. If no action is taken, as many as 75,000 persons could be subject to deportation as soon as August of this year. For many deportation would be a death sentence. Find out how you can take action on this important legislation here.
UPDATEs
[Note: In December 2022, a federal judge prevented the Biden administration from ending the policy until the legal challenges are resolved, after the Supreme Court returned the decision to lower courts.]
Supreme Court Rules Biden Administration Can End "Remain in Mexico" Policy
Supreme Court Rules Biden Administration Can End "Remain in Mexico" Policy
The Supreme Court ruled on June 30 that President Biden could end the Trump-era “Remain in Mexico” immigration policy. The policy forced immigrants and asylum seekers to return to Mexico—for months or years—to have even an initial review of their cases to start. According to a report on asylum seekers by the University of San Diego, 89.5% of the people interviewed by U.S. immigration officials said they were afraid of returning to Mexico. About one-quarter said they had been threatened with physical violence while in Mexico awaiting a date in court, and more than half of those said they were beaten or experienced other forms of violence. Many asylum seekers have been robbed, raped, trafficked, or kidnapped in the squalid conditions at the Mexican border, so being able to remain in the U.S. as they pursue their cases will provide them with an increased measure of safety. More information on the report is available in this article from Northeastern University.
Justice Department Appeals Court Decision on Title 42
A federal judge in Louisiana recently blocked the Biden administration’s plan to reverse a Trump-era policy that allowed immigrants and asylum seekers at the border to be immediately expelled. The policy was put in place supposedly as a Covid-19 containment measure. However, many immigration advocates and experts contested that explanation, saying that the previous administration did not see it as a health issue, but was instead was using any means it could to deter migrants. The U.S. Department of Justice quickly filed an appeal with the Fifth Circuit Court of Appeals, but a decision is expected to take months.
US Immigration Agency Changes Trump Era Mission Statement
As reported in the news, the United States Citizenship and Immigration Services (USCIS) recently changed its mission statement to reverse a Trump-era change. USCIS Director Ur Jaddou introduced the statement saying "the United States is and will remain a welcoming nation that embraces people from across the world." While shortening the statement, it emphasizes "welcome and possibility" and "respect."
Here's a look at the mission statements from 2005, 2018, and 2022:
USCIS Mission Statement (2005): "USCIS secures America's promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system."
The Agency's Mission Statement (2018): "USCIS administers the nation's lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our values."
The New USCIS Mission Statement (2022): "USCIS upholds America's promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve."
Here's a look at the mission statements from 2005, 2018, and 2022:
USCIS Mission Statement (2005): "USCIS secures America's promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system."
The Agency's Mission Statement (2018): "USCIS administers the nation's lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our values."
The New USCIS Mission Statement (2022): "USCIS upholds America's promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve."
Photo credit: Banner photo of "Refugees Welcome" sign by Maria Teneva on Unsplash. All others by JCIRA.
