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Inside Immigration

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

This Week in Immigration

Week of April 15–21, 2024

From the archive. A record of the week of April 15–21, 2024. Rules and figures quoted here reflect that week; several have changed since.

LEGAL PHANTOMS: THE SPECTER OF FAILED IMMIGRATION REFORM

Jennifer Chacón, a law professor at Stanford, explores questions of national identity and immigration in her book "Legal Phantoms: Executive Action and the Haunting Failures of Immigration Law." Born of a decade of research across multiple law schools, the book examines the aftermath of a decade's worth of unfulfilled promises of federal immigration reform. Focused on Los Angeles and Orange County, it reveals the harm caused by broken promises to immigrants and the communities tasked with assisting them. Chacón's research uncovers the struggles of immigrant advocacy groups and individuals living without legal status, highlighting the constant fear and uncertainty they face. Despite initial research plans shifting due to political developments, "Legal Phantoms" offers a comprehensive view of immigrant experiences beyond the Latino community and emphasizes the erosion of trust between immigrants, advocacy organizations, and government entities.

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MALAYSIA’S VIOLENT INROADS IN IMMIGRATION DETENTION

Saifuddin Nasution, Malaysia's Home Affairs Minister, declares a "war" against illegal immigrants, refugees, and undocumented individuals, following a mass escape of 131 Southeast Asian refugees from a detention center. While most escapees are recaptured, two die during the pursuit. The country's immigration enforcement regime faces criticism for its punitive and arbitrary nature, with Human Rights Watch labeling it one of the world's harshest systems. Malaysia's policies toward migrants, including refugees, are problematic, lacking legal frameworks for protection. The government's focus on ethnonationalism exacerbates xenophobia, complicating efforts to address the migrant crisis. Institutional violence extends to children, particularly orphans, who face neglect, trafficking, and lack of documentation. Teen pregnancy and "baby dumping" further strain social services. Unaccompanied minors detained in camps endure dire conditions, highlighting government failures in child protection. Despite hopes for change under Anwar Ibrahim's government, child rights activists lament ongoing abuses and limited international intervention.

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COUNCIL URGES HOUSE OF REPRESENTATIVES AGAINST EXPANDING THE WARRANTLESS SURVEILLANCE OF IMMIGRANTS IN FISA REAUTHORIZATION VOTE

The American Immigration Council has raised concerns in a letter to the U.S. House of Representatives regarding a proposed amendment that would allow intelligence agencies to conduct suspicionless searches of their databases related to immigrants entering the U.S. annually. They argue that such an amendment is unnecessary, given existing vetting mechanisms, and would worsen visa processing delays. Additionally, it could affect immigrants already in the U.S. on nonimmigrant visas who travel abroad for various reasons. The Council warns of potential due process violations for U.S. citizens separated from family members and for employers unable to bring employees to the U.S. due to limited rights to challenge decisions at consulates or embassies. They urge reconsideration of the amendment to avoid these adverse effects.

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DENVER CITY EMPLOYEES VISIT EL PASO TO TALK IMMIGRATION

Denver is altering its immigration policy, moving from emergency sheltering to prioritizing long-term housing and job training for asylum-seekers. The shift means fewer people will have access to shelters, with a cap of around 1,000 individuals. City officials traveled to El Paso to inform nonprofit leaders about the changes, emphasizing transparency rather than discouraging migration. However, some see it as a tactic to dissuade migrants. Denver has supported approximately 41,000 migrants, with about half choosing to settle in the city. The policy change aims to save costs, as continuing long-term sheltering would have required an additional $180 million in 2024, whereas the new approach will cost around $68 million, preventing widespread budget cuts.

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BILL ALLOWING LOCAL POLICE TO ENFORCE IMMIGRATION LAWS REMAINS IN ALABAMA HOUSE COMMITTEE

A bill in Alabama proposing state law enforcement collaboration with federal agencies on immigration enforcement has been delayed in committee due to concerns from law enforcement. HB 376, sponsored by Rep. Ernie Yarbrough, R-Trinity, was carried over by the House Public Safety and Homeland Security Committee. Rep. Shane Stringer, R-Citronelle, expressed a desire to continue refining the bill. Concerns include potential jail overcrowding and the impact on vulnerable populations. While some fear profiling and object on moral grounds, others believe the bill is necessary for holding those who break laws accountable. The legislation aims to allow local law enforcement to detain undocumented individuals and cooperate with federal immigration authorities. Despite these concerns, Rep. Allen Treadaway, R-Morris, asserts that there's support for the legislation in his caucus if addressed appropriately.

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OKLAHOMA LAWMAKERS TARGET ILLEGAL IMMIGRATION

The Oklahoma House of Representatives passed legislation allowing state police to arrest illegal immigrants for "impermissible occupation," sparking intense debate. Republicans argue that illegal immigration poses public safety risks, citing increased encounters at the border under President Biden's administration. Democrats condemn the bill, labeling it extremist and politically motivated. They assert that immigration is a federal issue and express concerns about increased incarceration costs and racial profiling. The bill, HB 4156, proposes misdemeanor and felony penalties for illegal immigrants, along with provisions prohibiting sanctuary cities. Republicans argue it's necessary for public safety, citing potential dangers from illegal entrants. Democrats counter that it could drive immigrants underground and exacerbate incarceration rates. The bill passed the House along party lines and now moves to the Senate amid contentious discourse over immigration policy and enforcement.

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VOTER OPINIONS ON IMMIGRATION AND DEPORTATION HAVE CHANGED. REPUBLICANS HOPE TO BENEFIT.

New polling by Marquette University Law School suggests that Republican messaging, particularly from figures like former President Donald Trump, criticizing President Joe Biden's immigration policies may be gaining traction among voters. The survey indicates a significant shift in Wisconsinites' attitudes towards undocumented immigrants working in the U.S., with the percentage advocating for their deportation doubling to 30% in just two years. While 49% still support allowing these immigrants to stay and apply for citizenship, it marks a record low for the survey. Trump's recent remarks emphasizing deportation have influenced public opinion, with 56% of respondents favoring deportation without qualifiers. Political analysts note the potency of immigration as an issue, particularly in framing who should be deported. Moreover, concerns about immigration and border security rank second among voters, primarily among Republicans and independents.

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QUEENS COLLEGE OPENS OFFICE TO HELP IMMIGRANTS WITH VISA AND CITIZENSHIP APPLICATIONS

Queens College inaugurated a new CUNY Citizenship Now! office in its Flushing campus, aiming to aid immigrants with visa applications and citizenship processes. President Frank H. Wu and Vice President Jay Hershenson led the opening ceremony, joined by guest speakers like alumna Carla Córdova. The office offers one-on-one counseling through pre-booked online appointments, assisting with naturalization, family petitions, and DACA. Queens College community members receive priority access to immigration attorneys twice weekly. Since 2023, the program has collaborated with the Queens College Immigrant Student Support Initiative, aiding students with various immigration statuses. Wu highlighted his personal connection to the program, reflecting on his immigrant background. Founded in 1997, CUNY Citizenship Now! is America’s largest legal assistance program, providing free citizenship and immigration services to communities, with attorneys and paralegals aiding thousands annually.

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U.S. HOUSE VOTES DOWN BORDER BILL FAVORED BY CONSERVATIVES

The U.S. House failed to pass a border security bill aimed at incentivizing conservative support for a foreign aid package. The bill, voted down under a fast-track procedure, aimed to address dissatisfaction among hard-right members. It closely resembled previous legislation and sparked debate over its efficacy. Republicans largely supported it, viewing it as a serious attempt to tackle the border crisis. Democrats criticized it as a rehash of previous draconian measures and a political stunt, arguing for bipartisan solutions. Despite acknowledgment that the bill wouldn't pass the Senate, some Republicans still supported it, while others viewed it as a symbolic gesture. The bill's failure underscored the ongoing partisan divide over immigration policy and legislative priorities.

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US MIGRANT CRISIS SHIFTS FROM TEXAS TO CALIFORNIA BORDER

In a bustling border scene near San Diego, migrants from diverse countries gather, seeking entry into the US. The surge in illegal crossings has shifted attention westward, with San Diego experiencing an 85% increase in February compared to Texas. Overwhelmed resources have led to migrants being released at local train and bus stops, highlighting the strain on communities. The political landscape reflects voter concerns over immigration policy, with former President Trump accusing President Biden of exacerbating the situation. California, despite being a Democratic stronghold, expresses concern over border security. The Biden administration's efforts to handle the crisis face challenges, including technical issues with an immigration app. Local officials like Nora Vargas advocate for dignified treatment of migrants but struggle due to funding shortages. Meanwhile, political blame-shifting complicates efforts to address the crisis, leaving migrants like Olga, fleeing violence and hardship, caught in the midst of policy debates and logistical challenges.