Week of April 1–7, 2023

Mothers at a shelter in Juarez, Mexico, refresh a U.S. government app every morning in the hopes of securing an appointment to enter the United States. However, by 9:05 a.m., all the appointments are usually gone, leaving them without hope. The app was introduced by the Biden administration to dissuade migrants from entering the U.S. illegally. Border Patrol data shows a significant number of migrants crossing the Rio Grande into El Paso, overwhelming the city. The CBP One app was expanded to allow migrants to apply for a humanitarian exemption to Title 42, a public health order that expels migrants to Mexico. Critics argue that the app does not provide equal access and that vulnerable individuals are being excluded. Some migrants are resorting to crossing with smugglers if they cannot secure an appointment. The Biden administration is working to create a safe and orderly immigration system, but challenges remain. The U.S. asylum system is considered broken, and Congress has not passed significant immigration reform in nearly three decades. The situation at the border is complex and ongoing discussions with Mexico are taking place to address the increasing number of migrants.

The North Carolina House of Representatives has passed a bill that would require state and local law enforcement to honor immigration detainers for individuals in their custody. The detainers are requests from Immigration and Customs Enforcement (ICE) to hold suspected illegal aliens for up to 48 hours. Similar bills were vetoed by the state's governor in previous years, but this year there is a better chance of overriding a potential veto. Most law enforcement agencies in North Carolina already honor detainer requests, but some sheriffs elected in 2018 in populous counties do not. The bill, known as HB 10, would require individuals with an immigration detainer to appear before a judicial official, who would determine if they should be held for 48 hours or until picked up by ICE. The bill is likely to be vetoed, but Republicans have a veto-proof majority in the legislature, making an override possible. The Senate will consider the bill after it was referred to the Rules Committee.

In the April 2023 edition of the immigration updates, several key developments are highlighted. The April Visa Bulletin reveals a backlog of over five years for the EB-4 category worldwide and retrogression in the EB-2 category for Rest of World, Mexico, Philippines, and Indian applicants. The Department of State (DOS) has made changes regarding the per-country limit for the EB-4 category, resulting in the elimination of a separate column for El Salvador, Guatemala, and Honduras. USCIS has announced the end of certain COVID-19 flexibilities implemented in response to the pandemic, though discretionary flexibilities may still be provided for emergency situations. Additionally, the H-1B electronic registration selection process for the fiscal year 2024 (FY 2024) has been completed, and USCIS has notified selected applicants who are eligible to file an H-1B cap-subject petition. USCIS has also removed the 60-day rule for civil surgeon signatures on Form I-693, allowing the acceptance of such forms for up to two years after the date of signing.