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Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

This Week in Immigration

Week of April 1–7, 2024

From the archive. A record of the week of April 1–7, 2024. Rules and figures quoted here reflect that week; several have changed since.

HIGHER USCIS IMMIGRATION FEES TAKE EFFECT, JUDGE REFUSES TO BLOCK

Higher immigration fees became effective on April 1, 2024, after a U.S. district judge refused to block a U.S. Citizenship and Immigration Services (USCIS) fee rule. This rule significantly increases costs for employers sponsoring H-1B, L-1, and O-1 visa workers and introduces a new $600 Asylum Program Fee. Employers will now spend approximately $9,400 for a first-time H-1B visa holder, and about $18,000 including extensions. In Moody v. Mayorkas, the judge denied a temporary restraining order against the fee rule, stating the plaintiffs failed to show irreparable harm. The plaintiffs, including ITServe Alliance and the American Immigrant Investor Alliance, argue the rule was improperly implemented without adequate notice and comment, and unfairly burdens businesses and investors. Although the initial ruling favored USCIS, the plaintiffs plan to continue litigation, seeking to overturn the fee increases and potentially recover fees already paid.

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TRUMP ATTACKS BIDEN ON IMMIGRATION AFTER THE DOMESTIC VIOLENCE HOMICIDE OF MICHIGAN WOMAN

Former President Donald Trump criticized President Biden's border security policies in Michigan, highlighting the murder of Ruby Garcia, allegedly by her deported, undocumented partner, Brandon Ortiz-Vite. Trump blamed Biden for Ortiz-Vite’s return and subsequent murder of Garcia. However, Garcia's family denied Trump contacted them. Ortiz-Vite confessed to killing Garcia after an argument, and she was found dead on March 22.

Trump also referenced Laken Riley, a Georgia student killed by another undocumented immigrant, to support his call for stricter immigration policies. Kent County Prosecutor Chris Becker emphasized domestic violence as a broader issue, noting the complexities involving victims' immigration status.

Advocates like Andrea Inostroza-Castro from Puertas Abiertas stress the importance of culturally sensitive support for Latino victims of domestic violence, warning that anti-immigrant rhetoric increases fear and hesitancy to seek help. Experts indicate that the pandemic and housing crisis have exacerbated domestic violence issues, making it harder for victims to escape abuse.

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MEXICAN IMMIGRATION AGENTS CONDUCT MIGRANT RAIDS IN CIUDAD JUÁREZ

The Mexican National Migration Institute (INM) has deployed over 200 federal agents to Ciudad Juárez to intensify immigration raids and controls, preventing migrant settlements and crossings into the U.S. Led by INM Commissioner Francisco Garduño Yánez, the operation began shortly after the one-year anniversary of a deadly fire in a Juárez migrant detention center, for which Garduño faces charges but remains free. Agents are tasked with controlling irregular migration flows and relocating migrants. Similar raids were conducted in January 2023 before President Biden's visit to El Paso. The current operation follows recent mass crossings into the U.S. by migrants. The initiative, labeled a "humanitarian rescue" by INM, will extend to southern Chihuahua, with a regional operations center planned in Jiménez to block migrant routes to the northern border.

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ALABAMA HOUSE BILL WOULD ALLOW LOCAL LAW ENFORCEMENT TO ENFORCE FEDERAL IMMIGRATION LAWS

The Alabama House committee held a public hearing on HB 376, a bill allowing state and local law enforcement to arrest individuals based on immigration status. Sponsored by Rep. Ernie Yarbrough, the bill permits police and sheriffs to collaborate with federal agencies, transport undocumented immigrants, and enforce federal immigration laws. It mandates agencies to track immigration status details and comply with immigration detainer requests. Opponents argue it creates fear among immigrants, potentially hindering law enforcement efforts and victim reporting, especially for human trafficking. Rep. TaShina Morris and others raised concerns about racial profiling and targeting. Despite only 3.8% of Alabama’s population being foreign-born, proponents claim undocumented immigrants pose a security risk, reflecting broader national immigration debates. Critics, like SPLC’s Jerome Dees, condemned the bill’s language as rooted in racist ideology, similar to "replacement theory." The committee will vote on the bill next week.

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DHS ANNOUNCES ARTIFICIAL INTELLIGENCE PILOT PROGRAM TO MODERNIZE IMMIGRATION PROCESSES

On March 18, 2024, the U.S. Department of Homeland Security (DHS) announced three AI pilot projects to modernize immigration processes, including an initiative by U.S. Citizenship and Immigration Services (USCIS) to use AI in training immigration officers. This project, part of DHS’s "Artificial Intelligence Roadmap 2024," aims to enhance operational efficiency while safeguarding privacy, civil rights, and civil liberties. DHS plans to report the results by year-end.

USCIS’s AI initiative focuses on personalized training methodologies to improve immigration services and decision-making. The broader DHS strategy emphasizes rigorous testing to prevent bias and privacy issues, ensuring AI safety and security. DHS is also collaborating with leading technology companies to access cutting-edge technologies and expertise, backed by a $5 million investment in the AI pilot program. This initiative is expected to debut in 2024, with DHS reporting outcomes by the year's end, potentially revolutionizing government operations and immigration processing.

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US SECURITY AND IMMIGRATION POLICIES THREATEN ITS AI LEADERSHIP

The United States and China are competing for AI leadership, with the U.S. benefiting from Chinese talent. However, restrictive immigration and security policies threaten this advantage. Nearly half of top AI researchers are from China, and many work for leading U.S. companies. Despite this, U.S. dominance in AI is fragile. Chinese students often complete undergraduate education in China before pursuing graduate studies and careers in the U.S. Yet, more Chinese talent is staying in China due to rising higher education standards and anti-China policies in the U.S. The U.S. faces a "STEM talent crisis," with many American students underprepared in math and science, exacerbated by structural and cultural barriers. Diversifying sources of AI talent is challenging, as China significantly outpaces other countries like India. To maintain its AI leadership, the U.S. needs to reform immigration policies and reduce hostility toward Chinese scientists, ensuring skilled foreign talent can contribute to American innovation.

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REP. BRUCK: WHITMER ADMIN’S DANGEROUS POLICY OFFERS HOUSING SUBSIDIES TO ILLEGAL IMMIGRANTS

State Rep. Will Bruck criticized Governor Whitmer's Newcomer Rental Subsidy Program, which provides up to $500 a month in rental assistance for immigrant households, including those with pending asylum applications. Bruck argued that this program, intended for immigrants facing deportation who then claim asylum, incentivizes illegal immigration and misuses taxpayer dollars. He noted that defensive asylum claims made up 97% of total asylum claims in 2023. Bruck highlighted loopholes in the program, such as lax employment and income verification requirements and the acceptance of alternate identification documents, which could be exploited by illegal immigrants. He also linked the program to broader border security issues and recent crimes in Michigan involving illegal immigrants. The program is funded by the Housing and Community Development Fund, which Democrats ensured would receive $50 million annually. House Republicans have requested data on the program's recipients but have yet to receive a response.

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DEPOPULATION BLUES: HOW IMMIGRATION CAN COUNTER EMIGRATION IN THE BALKANS

Croatian agencies are actively recruiting workers from Nepal to address the Balkans' severe depopulation due to emigration and low birth rates. Countries like Serbia, Bosnia and Herzegovina, and North Macedonia face significant population declines, prompting a shift toward attracting foreign labor. In Croatia, foreign worker numbers have surged, with nearly 15,000 Nepali workers arriving last year.

Despite this influx, Balkan governments lack strategic migration planning, exacerbating economic issues. Foreign workers often face poor conditions and cultural integration challenges. Public sentiment is mixed, with many Croatians viewing immigrants as a threat to their culture.

Effective integration programs are scarce, necessitating better policies to address labor market needs and ensure immigrants' rights. Learning from successful European models, such as Germany's targeted immigration policies, could help the Balkans capitalize on foreign labor. Policymakers should promote integration and reframe migration debates to highlight its economic benefits, potentially enticing emigrants to return and stabilize the region's demographics.

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BILL BREAKDOWN: GEORGIA’S NEW IMMIGRATION LAWS

The death of Laken Riley, a 22-year-old nursing student, by an undocumented Venezuelan immigrant, Jose Antonio Ibarra, has prompted significant changes in Georgia's immigration policies. The Laken Riley Act, passed by the U.S. House with bipartisan support, proposes detaining migrants charged with burglary or theft. This act awaits Senate approval. On a state level, Georgia lawmakers are pushing for stricter immigration laws. House Bill 1105 mandates officials to report the immigration status of individuals under the Department of Corrections' authority, and House Bill 301 enforces penalties against sanctuary cities. Senate Bill 63 aims to limit unsecured judicial releases and restricts community bail funds. These bills await Governor Brian Kemp's signature, required by May 7 to become law. Meanwhile, federal immigration reform remains contentious, with President Biden's border policy reform blocked by Senate Republicans, reflecting ongoing polarization on Capitol Hill.

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NEW IMMIGRATION COURT IN CHELMSFORD AIMS TO RELIEVE CASE BACKLOG

A new immigration court, the Lowell Immigration Court, is opening in Chelmsford, Massachusetts, to address the backlog of immigration cases, which has reached 3.4 million nationally. The court, located at 150 Apollo Drive, will feature 21 immigration judges and aims to alleviate the load on the Boston Immigration Court, the state's only other immigration court serving all of New England. Despite the addition, concerns remain about the court’s accessibility, staffing, and funding. The backlog in Massachusetts alone has grown from 10,678 cases a decade ago to 154,044 in 2024. Experts argue that while the new court helps, broader immigration system reforms are needed, including easier family and work immigration processes, to address underlying issues. The significant delays in case resolutions have severe impacts on migrants, many of whom face dire circumstances in their home countries and endure long waits for legal decisions in the U.S.

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