Week of August 22–30, 2022

Advocates are urging the Biden administration to provide fast-tracked work authorization to migrants from Central and South America who have recently arrived in New York City. Many of these migrants arrived via buses from Texas, where politicians have been sending them in an influx to the area. New York City is a sanctuary city with a mandatory right to shelter, and has been struggling to cope with the number of asylum seekers entering its already strained shelter system. Venezuelan and Colombian migrants comprise the majority of recent arrivals, as political unrest and violence have marred both countries. At present, the quickest pathway to work authorization would be through Temporary Protected Status, which is currently offered to people from countries earmarked as experiencing a qualifying conflict or disaster. However, Colombian nationals are not currently eligible, nor are Venezuelans who arrived in the US after March 8, 2021, according to a July update from the Department of Homeland Security.

California Governor Gavin Newsom has signed into law Senate Bill 836, which aims to protect the immigration status of witnesses and victims in court cases. The bill re-enacts safeguards that were in place until January 2022, which prevented immigration status from being included in a public court record unless the presiding judge determined it to be relevant. The new law removes the sunset date of the previous legislation, meaning immigration status will be permanently protected in cases where it is not relevant to the litigation. Immigration status can only be raised if the presiding judge determines it to be relevant in a private hearing. Defense attorneys were previously able to expose the immigration status of witnesses and victims by asking about their status, even when it was not relevant to the case. The new law aims to encourage undocumented immigrants, including victims of crime, to come forward and testify in court without fear of intimidation or exposure.

The Biden administration has released a final rule to fortify the Deferred Action for Childhood Arrivals (DACA) immigration program, which offers work permits and protection from deportation to over 600,000 undocumented immigrants. The regulation will take effect on October 31 and is meant to protect DACA by codifying the program and replacing a 2012 memo that created it. The new regulation is expected to make it more difficult for a future administration to rescind DACA, but it does not offer permanent legal status or fully protect DACA recipients from Republican legal challenges to the program. The 5th U.S. Circuit Court of Appeals could rule on the program’s legality any day now. Meanwhile, Biden has called on Republicans to move for a legislative solution that would provide a pathway to citizenship for Dreamers.

A national immigration reform bill that could provide a path to citizenship for undocumented agricultural workers, reform the seasonal farmworker visa program, and hold employers accountable for using documented labor, could provide farmers in Maine with much-needed relief from labor pressures, say industry experts. The shortage of skilled labor is stifling growth, hurting operations and contributing to soaring food prices. However, critics argue that the bill, currently pending in the US Senate, may also lower local labor rates. The future of the Senate bill is uncertain as it would need 60 votes to pass, which has been insurmountable for other legislation in a Senate divided 50-50 between Democrats and Republicans.

Mykhaylo Chugay, a partner in multiple labor staffing companies in southern Florida, has been sentenced to over 24 years in prison for tax, immigration, and money laundering crimes. Chugay and his co-conspirators facilitated the employment of unauthorized individuals in hotels, bars, and restaurants in Key West and other areas through their companies, defrauding the IRS of more than $25 million in income, Social Security, and Medicare taxes. They also encouraged some workers to enter the United States and remain in the country in violation of immigration laws. Chugay and his partners sent over $11 million in proceeds from the illegal scheme to accomplices in Ukraine and elsewhere. U.S. District Court Judge Jose E. Martinez has ordered Chugay to serve three years of supervised release and will enter a forfeiture money judgment at a later date. The case was investigated by Homeland Security Investigations, IRS-Criminal Investigation, U.S. Citizenship and Immigration Services, and U.S. Customs and Border Protection, Air and Marine Operations.

The push by Democrats to provide a pathway to citizenship for millions of illegal immigrants has stalled in 2022, after multiple defeats in 2021. President Joe Biden released the U.S. Citizenship Act of 2021 immediately on entering office, including an eight-year path to citizenship for illegal immigrants already in the country, green card eligibility for farmworkers, Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA) recipients. The bill died as it included minimal border security provisions, with no Republican support, and was not included in the Build Back Better Act. A slimmed-down climate and health care package recently passed by budget reconciliation did not contain any immigration provisions. The midterms could change the outlook for chances of amnesty provisions, as Republicans have shown little interest in any immigration deal that includes amnesty.

Thousands of migrants seeking asylum in the United States have been transported by governors Greg Abbott of Texas and Greg Ducey of Arizona to New York City and Washington, D.C. since April. Social service and religious groups in both cities have been supporting new arrivals, providing temporary shelter, medical attention, and transportation to their next destination. Many of those who arrive in Washington stay for up to three days before moving elsewhere, according to Mayor Muriel Bowser. The majority of migrants come from Venezuela, which the United States does not recognize the government of Venezuelan President Nicolas Maduro, making it difficult for the country to take back asylum-seekers. The Mexican government also refuses to accept migrants, which leaves the United States few ways to handle Venezuelan migrants.

The recent reinstatement of the Temporary Protected Status (TPS) policy by the Biden administration has been misrepresented as an "amnesty" policy, according to this Migration Policy Institute article. The policy allows TPS beneficiaries with prior permission to travel abroad to be considered for “inspection and parole” or “inspection and admission” upon returning to the United States. This only authorizes travel and does not provide amnesty to unauthorized immigrants. CBP officers will still determine the admissibility of returning individuals who present health, criminal, or national security threats, have committed fraud, or have previously been removed from or unlawfully present in the country. Admissible TPS holders could adjust their status later if they have a qualifying relationship with a U.S. citizen, legal permanent resident, or sponsoring employer and meet all the criteria for adjustment of status. However, the article argues that the available data indicates that few TPS beneficiaries qualify for legal residency or U.S. citizenship, and the policy's reinstatement does not imply that their behavior will change significantly.

George Maroun, a Massachusetts immigration attorney, has been accused of scamming dozens of local immigrants, many of whom belong to the Brazilian community. Maroun used new immigration laws implemented by former US President Donald Trump as a pretext to charge more money, claiming that new procedures were required. When his clients refused to pay more, he used threats, including claiming he knew people at immigration agencies and could cause his clients to be deported. He also allegedly made asylum applications for immigrants who were not eligible in order to take advantage of delays in the process and obtain temporary work permits. Maroun's license was suspended for two years in August, and he was ordered to pay $483,600 in fines, civil penalties, and restitution to victims. The Massachusetts attorney general's office helped some of the victims find a path to legal citizenship.

The Director of U.S. Citizenship and Immigration Services (USCIS), Ur Mendoza Jaddou, faced criticism from an audience at UCLA’s School of Law for her agency’s efforts to reduce visa backlogs. USCIS processing delays are causing frustration for those waiting on immigration applications, as even a small error can cause the whole application to be rejected, and correction can lead to additional workloads. Despite promises of change, little has been done, and processing delays can lead to corruption and the implementation of more senseless procedures. The USCIS, however, is not solely responsible for the delays, as consular offices also face immigration backlogs. Causes of the problem include the federal government implementing a broad hiring freeze and the departure of senior officials. The Covid-19 pandemic has also exacerbated the problem, causing a decline in processing capacity due to remote working and illness, with new immigration cases now piling up on the existing backlog. As a result, individuals are turning to outside help, including filing lawsuits and contacting their political representatives. To solve the issue, organizations like FedEx and Amazon could be consulted for their efficient tracking and processing methods.