Week of August 1–7, 2022

Texas Governor Greg Abbott's decision to authorise the arrest of migrants and bring them back to the border, forcing federal authorities to pick them up, is seen as a broadening of the state's role in the immigration enforcement process, and is testing the limits of Texas' ability to enforce immigration laws that are traditionally seen as a federal responsibility. State and local law enforcement have long transferred custody of undocumented migrants to federal immigration authorities after they’ve been arrested, but previously it’s been the federal government’s job to pick them up. However, experts disagree on how significant it is or whether it’s intruding on a federal responsibility and stretching the legal limits of the state’s efforts on the border. Aaron Reichlin-Melnick, policy director at the American Immigration Council, said: “There are ongoing questions about what authority they have to bus people from one location to another...legally speaking, is that immigration enforcement? I still don’t know.”

The Biden administration has proposed a new pilot program, the "ICE Secure Docket Card program," which would issue temporary ID cards to undocumented immigrants. The program is designed to lessen the bureaucratic burden of the immigration system and increase efficiency and communication between undocumented immigrants, law enforcement officers, and government officials. The proposed ID cards would include a photo, biographical information, and a QR code that would allow holders to access their court information and immigration documents online. The cards could potentially allow undocumented immigrants to access necessities such as housing, healthcare, transportation, and state benefit programs more easily. The program is also aimed at easing the process for undocumented immigrants during court hearings or check-ins with government offices. The Biden administration has allocated $10 million for the pilot program in the upcoming Department of Homeland Security (DHS) appropriations bill, but Democrats need congressional approval before the end of September 2023 to make the proposed plan a reality.

Former Texas Republican Representative Lamar Smith, a member of the Border Security Coalition, claims that five illegal immigration records have already been broken in 2022, despite Secretary of Homeland Security Alejandro Mayorkas stating that the "border is secure." Smith believes that either Mayorkas is lying or is unaware of what is happening at the border. One of the records broken this year is the number of known migrant deaths at the border, which has reached 609 so far, surpassing the 566 recorded in all of 2021. This death toll does not include the bodies found in rugged, desert areas further north of the border in California, Arizona, New Mexico, and Texas.

Washington D.C. Mayor Muriel Bowser has formally requested the deployment of the National Guard to deal with the influx of illegal migrants in the city. Bowser claimed that the nation’s capital was at a “tipping point” and that “our collective response and service efforts have now become overwhelmed.” She initially downplayed the massive wave of illegal immigrants flooding across the nation’s southern border and had done everything in her power to exacerbate the crisis. President Joe Biden has made opening the southern border a priority by proposing to rescind his predecessor’s “Remain in Mexico” policy for asylum-seekers and to revoke Title 42, a rule that allows the government to quickly deport illegal immigrants over public health concerns. Bowser and New York City Mayor Eric Adams are the latest Democratic politicians to complain about being inundated with a flood of migrants.

Faith-based groups are concerned that lawmakers may extend provisions that prevent immigrants from entering the U.S. in the historic $260 billion spending bill focused on health care and the environment. Some Catholic organizations in the Interfaith Immigration Coalition have voiced concerns that Republican lawmakers will attempt to include an extension of the Title 42 of the Public Health Safety Act, which keeps asylum-seekers from entering the U.S. citing health concerns caused by the coronavirus pandemic. The coalition has been urging senators to vote “no” on any amendment that would harm immigrant communities and derail the bill. Immigration policy watchers are also looking at an impasse on the bipartisan Farm Workforce Modernization Act that Senators have been working on to establish a pathway for foreign farmworkers to obtain legal status in the U.S.

A federal court in New York has ruled that first-time applicants for Deferred Action for Childhood Arrivals (DACA) cannot proceed with their applications. The decision affects 92,000 applications that have been on hold at the United States Citizenship and Immigration Services for over a year, of which around 80,000 were never processed. The ruling comes after the Texas v. United States case claimed that DACA is unconstitutional and must be halted. The Texas case affects 800,000 DACA recipients, while the Batalla Vidal v. Nielsen case in New York impacts first-time applicants. Immigration attorneys have criticized the ruling and called for a permanent solution for undocumented immigration families. DACA recipients can continue renewing their protections, but the program’s future remains uncertain.

An investigation by Mexican newspaper Milenio found that 591 migrants were sexually abused by US Immigration and Customs Enforcement (ICE) agents in the last six years. Most of the abuses, which mainly targeted women, occurred in ICE detention centers or in buses transporting migrants to Mexico. The report is based on reports, statistics, and internal audits by the US Office of Justice Program and ICE. Milenio obtained access to 97 audits of detention facilities in which the US Department of Justice found that abuses by ICE agents were constant between 2017 and 2021. The investigation revealed that few cases reached the courts and that impunity prevailed. Several migrant protection organizations have condemned the fact that "vulnerability has prevented many people from filing formal complaints for fear of reprisals".

A backlog in Canadian immigration is preventing qualified health professionals from joining the workforce, exacerbating staffing shortages in hospitals struggling under the weight of Covid-19. Sharlene Ullani, a trained nurse with over seven years' experience, has waited 18 months to hear about her application for permanent residency. The Registered Nurses' Association of Ontario estimates that 26,000 nurses are “ready and waiting” to work in the province. The great majority are waiting for their international qualifications to be approved by the college, but thousands have passed their exams and are waiting for their immigration status to change so they can work. In June, more than 2.4 million applications were in the backlog, up from 2.1 million in June, according to the immigration department. Toronto immigration lawyer Chantal Desloges attributed the backlog to the pandemic, when many embassies and consulates closed and immigration staff began working from home.

Texas Governor Greg Abbott has started to send buses carrying migrants to New York City to push responsibility for border crossers to Democratic mayors and US President Joe Biden. The first bus arrived early on Friday carrying around 50 migrants from Bolivia, Colombia, Ecuador, Honduras and Venezuela. Abbott has already sent more than 6,000 migrants to Washington since April in a broader effort to combat illegal immigration and call out Biden for his more welcoming policies. U.S. border authorities have made record numbers of arrests under Biden although many are repeat crossers. White House press secretary Karine Jean-Pierre on Friday called the Texas initiative "shameful" and an unnecessary burden on taxpayers in that state. Costs for the effort amounted to $1.6 million in April and May, a local NBC News affiliate reported in June, more than $1,400 per rider.

Sixteen immigrant rights organizations filed a complaint against the facility.

Fifteen current and former immigration detainees have filed a federal complaint against the Baker County Detention Center in Florida, alleging a "pattern of abuse." The allegations include threats of solitary confinement, retaliation against complaints, and unsanitary conditions caused by inadequate clothing, bedding, and toilets. The complaint alleges that officers punched detainee Eric Martinez, broke his nose while he was restrained, and placed a spit guard over his face as he bled. Baker County Undersheriff Randy Crews has denied the allegations, stating that "there's no inmates or detainees at our facility being treated inhumanely." The detention center underwent an inspection by a third-party contractor in May 2022 and received an "acceptable rating." However, the complaint claims the inspection was not properly carried out and took place during a hunger strike.