Week of April 15–21, 2022

Senator Mark Kelly has warned the Biden administration that without a comprehensive plan it risks a “humanitarian crisis” at the US-Mexico border. The administration’s decision to end the Trump-era Title 42 policy has opened a rift between Biden and Democrats in races that will determine if they keep the Senate majority. Republicans view immigration as a potent political issue, not only in Arizona, but in states with races far from the border. Kelly, typically a reliable ally for Biden, has criticized the administration for not laying out a comprehensive plan to deal with the increased numbers of migrants at the border. Although Arizona tilted toward Democrats in 2020, Republicans are vowing to use immigration, and Biden’s low poll numbers, to try to flip the Senate seat in 2022.

The US Citizenship & Immigration Services (USCIS) has announced a limited expansion of expedited processing for permanent residence categories that highly skilled foreign nationals rely on. This is part of the agency's plan to provide faster overall processing times for cases that are not eligible for expedited processing. USCIS aims to enhance its technology framework, increase capacity and expand staffing to improve processing times over the next several months. The USCIS backlog has surged from 5.7 million applications at the end of FY2019 to approximately 9.5 million cases that currently await review. When expedited processing will become available is not entirely clear, but USCIS is expected to open this important door before the end of the government's fiscal year in September. The USCIS will adjudicate these filings within 45 days for an additional filing fee of $2,500.

The Migrant Kitchen, a New York restaurant inspired by immigrant communities, is opening its flagship location on Columbus Avenue on April 19. Co-founders Dan Dorado and Nasser Jaber created the business with an “immigrant lens” approach, aiming to provide fair wages to employees and hire recent immigrants, including Ukrainian refugees. The Migrant Kitchen also donates a portion of its sales to provide meals to those in need through The Migrant Kitchen Initiative. During the pandemic, the restaurant served over 60,000 meals per week to food-insecure communities across the city. The restaurant’s UWS menu will feature a diverse range of flavors from immigrant cultures, including chicken tinga empanadas, a cauliflower shawarma wrap, sumac roasted potato wedges, and a grilled halloumi and chorizo bowl. The co-founders hope to showcase the diversity of immigrant cuisine and define the “new American food”.

Several people were injured during clashes between police and protesters in Norrkoping, Sweden, on Sunday. The demonstrators were protesting a far-right rally by the anti-immigration and anti-Islam group Hard Line, led by the Danish-Swedish politician Rasmus Paludan, who plans to run in Sweden's legislative elections in September. The protests were the latest in a series of clashes sparked by Paludan's "tour" of Sweden, during which he has visited neighbourhoods with large Muslim populations and burned copies of the Koran. In 2019, he burned a Koran wrapped in bacon and was blocked by Facebook. Paludan's tour has been condemned by Iraq's foreign ministry, which summoned the Swedish charge d'affaires in Baghdad on Sunday.

The expiration of the Title 42 pandemic-based immigration rule is expected to result in a surge of undocumented immigrants crossing the border, but the Biden Administration has not prepared for it as they have no specific immigration policy to base their decisions on. The lack of a policy is not limited to the Biden Administration as neither party appears to pursue one, using immigration as a tool of partisan combat. Republicans seem to want to bar as many non-Europeans as possible while Democrats appear to believe that every non-European added to the rolls will vote for them. Immigration policy is a key component of how a nation defines itself, and it is crucial to have one that helps define the US as “the last, best hope of mankind." Instead of an instrumental tool or weapon, a policy is needed that will address problems systematically and attempt to ameliorate them.

Democrat Beto O'Rourke faces an uphill battle as he tries to tackle the issues of border security and immigration in his run for Texas governor. His message aims to balance a desire for more humane treatment of migrants with tougher enforcement of immigration laws, a difficult message to pull off, says political scientist Cal Jillson. O'Rourke has distanced himself from President Joe Biden's border policies, but his recent calls to delay ending the pandemic-era health order Title 42 until a plan is in place to deal with an expected increase of migrants has led some to cast him as a flip-flopper. Governor Greg Abbott's focus on the border has made it an easy issue to campaign around, as it regularly ranks as the top priority for Texas voters, particularly Republicans.

The US Justice Department is set to open a new federal immigration court in Indianapolis in 2023 to tackle the growing national backlog in the immigration system. The new court, which will be located in the Minton-Capehart Federal Building, will be the first of its kind in Indiana. Federal data shows that total pending immigration cases have increased from 327,000 in 2012 to 1.5 million as of the first quarter of 2022. The Executive Office for Immigration Review said that it continuously monitors its caseload nationwide to meet the needs of all those with business before the agency, and opening new immigration courts in high-volume areas is one way to meet stakeholders' needs. The spokesperson did not respond to questions about why specifically the Justice Department chose Indianapolis or where people with immigration proceedings will be held in the city before hearings.

Despite cannabis's legalization in several US states for both recreational and medical purposes, it is still illegal federally and can have serious immigration consequences. Cannabis is classified as a Schedule I narcotic under the Controlled Substances Act, and its use, production, or sales can negatively impact an immigration case. For example, admission to immigration officials of possession, sale, or use of cannabis can result in the individual being found inadmissible to the US, having their green card or citizenship application denied, and/or being placed in deportation proceedings. The spouse and children of a noncitizen found to be a controlled substance trafficker can become inadmissible for five years if they received any financial benefit from the cannabis-related activity. Immigration attorneys generally advise noncitizens to avoid cannabis until after they become US citizens, as the consequences can be severe, including preventing entry into the US, obtaining a green card, or even being placed in removal proceedings.

The Jumpstart Our Legal Immigration System Act (Jumpstart) proposed in the US House of Representatives could help eliminate green card backlogs that have been exacerbated by the COVID-19 pandemic. The legislation would recapture unused family- and employment-based visas and allow beneficiaries to expedite their processes by paying additional fees. The bill would roll over around 157,000 visas that have not been used from 1992 to 2021 and allow 40,000 individuals who did not receive visas from the diversity lottery to reapply. Beneficiaries with approved immigrant visa petitions can apply for adjustment of status by paying supplemental fees ranging from $1,500 to $15,000, depending on the type of visa. The Jumpstart Act would also add supplemental fees to various types of petitions and applications. The first $400m in collected supplemental fees would go directly to US Citizenship and Immigration Services to adjudicate petitions and reduce backlogs.

The US needs a rational and coherent policy on immigration that protects the country, is fair, and promotes economic vibrancy. The country is facing a significant labor shortage, which requires a legal way to expand the workforce. A rational policy must deal with current realities and create a coherent policy for moving forward. The current shadow society and business system must be dealt with, pulling people into the broader society to prevent worker exploitation and depriving the government of tax revenue. Legalization of the status of significant, productive members of the group, a pathway to citizenship, and a registered “guest worker” program are necessary. Legitimate participants would be safe and may remain, while people who have participated in the social and economic fabric of the country ought to ultimately be able to enter full citizenship. An intelligent and courageous approach is needed to differentiate between anecdotal evidence, "fake" information, and important relevant facts.