Week of December 15–21, 2021

Former New York City Mayor Michael Bloomberg has written an opinion piece for Bloomberg outlining why noncitizen voting is a bad idea. The city council of New York City recently voted 33-14 to authorize noncitizen voting, which would grant some 800,000 immigrants with green cards or work permits who have been living in the city for 30 days the right to vote in local elections. Bloomberg argues that noncitizen voting violates state law and the state constitution and that implementing it would be logistically difficult. He also believes that noncitizen voting devalues citizenship by removing an incentive for immigrants to become citizens. Bloomberg argues that the path to citizenship is too slow and restrictive, but fixing it requires bipartisan efforts at the federal level, not local attempts to supersede the federal system.

Senate parliamentarian Elizabeth MacDonough has ruled that the Democrats' immigration plan cannot be passed through the budget reconciliation process. Democrats had hoped to pass provisions in the $2.2tn Build Back Better Act, including shielding undocumented immigrants from deportation for five years and allowing those who arrived in the US prior to 2011 to apply for five-year renewable employment authorization. But MacDonough decided that the latest and narrowest plan for reform would have impacts far outweighing its budgetary consequences, making it inappropriate to include in the reconciliation bill. As a result, millions of undocumented immigrants will continue to live without protection from deportation and permission to work. The beneficiaries of other kinds of temporary legal status will also have no assurance that they can remain in the US beyond 18 months to two years.

The US Citizenship and Immigration Services (USCIS) agency is preparing to propose fees for its services that will not limit legal immigration to the “very wealthy,” the head of the agency has said. USCIS relies almost entirely on fee collections for an annual operation of nearly $5bn. The agency was on the brink of furloughing nearly 70% of its 20,000 employees in the summer of 2020, but declared it would end the year with a large surplus. The surplus was due to higher-than-expected fees collected during the early months of the coronavirus pandemic and ending some contracts. The Trump administration expanded the fraud investigations unit of USCIS and insisted immigrants be financially self-sufficient to remain in the country. Fees on wealthier applicants have long subsidised other operations, such as asylum, which does not generate revenue.

Two women, Andrea Torres and Regina Johnson, from Newark, New Jersey, have been indicted on charges of arranging sham marriages between US citizens and non-citizens seeking to remain in the country unlawfully. Torres and Johnson are accused of paying US citizens to enter into sham marriages with their non-citizen clients between September 2016 and July 2019. They allegedly arranged for the "couples" to obtain fraudulent marriage licenses, staged wedding ceremonies, and provided advice on making marriages appear legitimate, such as opening joint bank accounts and taking photos together in a variety of locations. They then helped their non-citizen clients fill out immigration forms based on materially false misrepresentations. The charge of conspiracy to encourage and induce non-citizens to remain in the US illegally carries a maximum penalty of 10 years in prison and a $250,000 fine.

Canada is lifting its ban on international travel from 10 African countries, which was put in place due to a high rate of travellers testing positive for coronavirus. Health Minister Jean-Yves Duclos announced the lifting of the ban on December 17, effective from December 18. The ban had been criticised by African political leaders and scientists for only targeting African countries, even though the Omicron variant had been detected in 44 countries at the time. Canada will also re-introduce pre-arrival COVID-19 tests for all new incoming travellers, as Canadian residents can currently leave and come back within 72 hours without needing a pre-arrival test. However, a negative pre-arrival test will be required for all new arrivals to Canada from December 21. Canada was the only country among the Group of Seven nations to require its citizens to return with a COVID-19 test from a third country.

Afghan refugees who fled their country after the fall of Kabul are still struggling to adjust in the US, with bureaucracy and housing hurdles, as well as difficulties in obtaining proper documentation for their families still in Afghanistan, presenting significant challenges. Sadaat, an Afghan woman who arrived in the Bay Area with her three children, is facing difficulties finding resources and support for her family while waiting for her husband’s visa application to be approved. Aminah Abdullah of the Pleasanton Muslim Community Center says that for many recently arrived refugees, the biggest challenge is housing. The organization is coordinating food donations and used car donations to help ease the burden for the refugees. However, Abdullah emphasized that it’s difficult for the refugees to transition to life in the US, which can impact their children’s well-being and education.

Ontario aims to recruit 100 immigrant entrepreneurs over the next two years to start or grow businesses in regions outside of the Greater Toronto Area. Applicants may apply through the existing Entrepreneur Stream of the Ontario Immigrant Nominee Program and each entrepreneur who is selected will be required to invest a minimum of $200,000 into their business. After 18 to 20 months of operation, applicants may get a provincial nomination that they can use to apply for Canadian immigration. The initiative is aimed at creating more local jobs and supporting regions that have been hard-hit by pandemic job losses. The project is estimated to cost the provincial government $6 million but is expected to be repaid by the entrepreneurs, who will generate an estimated $20 million in business investment to the province and create jobs. The recruitment project is part of the government’s efforts to attract more immigrants to Ontario.

Saskatchewan is targeting 21 healthcare occupations through a new expression of interest (EOI) pool under the Saskatchewan Immigrant Nominee Program (SINP). The province aims to match qualified candidates with vacancies in the region. The International Healthcare Worker EOI system will allow candidates to submit a profile demonstrating their interest in one of the targeted occupations, plus their qualifications. Successful candidates will then be contacted by SINP officials with job opportunities, as well as assistance on how to apply. Those with a job offer will be able to apply for immigration through either the SINP’s International Skilled Worker: Employment Offer sub-category or the new Hard-to-Fill Skills Pilot. Both require a minimum language score, a minimum year of experience, the appropriate licensure or certificate, and a job offer for permanent, full-time employment in Saskatchewan.

Resolution limits inquiries into legal status

Bellevue City Council in Idaho has passed a resolution calling on officials to avoid using taxpayer-funded staff time to police immigration status, except in cases where it is necessary to investigate criminal activity. The “Safe Communities Resolutions” aim to increase trust between immigrant communities and law enforcement, making it easier to report crime. The resolution follows similar decisions made in Hailey and Ketchum. Bellevue Mayor Ned Burns said the policy would help ensure that all members of the community could safely contact law enforcement agencies. The resolution defines the priorities of city leaders with regard to enforcing federal immigration law but is not enforceable as a law. The move follows concerns about unreported domestic violence due to fears of deportation.

The US will make an additional 20,000 seasonal H-2B visas available until March 31, 2023, including 6,500 visas for workers from Guatemala, Honduras, El Salvador, and Haiti. The announcement aims to encourage legal migration and fill shortages in the labor market during the COVID-19 pandemic. The H-2B visa program is commonly used for landscaping, housekeeping, hotel work, construction, and carnival workers. The decision comes as a record number of migrants have been arrested at the US southern border, with US Border Patrol making over 700,000 arrests in fiscal 2021 from the four countries covered by the new visas. Despite efforts to create legal pathways for migrants, the 20,000 visas represent only a small fraction of those seeking entry to the US.