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Inside Immigration

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

This Week in Immigration

Week of February 1–7, 2023

From the archive. A record of the week of February 1–7, 2023. Rules and figures quoted here reflect that week; several have changed since.

Proposed CT constitutional amendment would give immigrants right to vote in local elections

A bill has been introduced in the Connecticut legislature to amend the state constitution to grant voting rights to both documented and undocumented immigrants in municipal and state elections. The proposal, H.J. No. 12, is sponsored by Rep. Juan Candelaria, D-New Haven, who argues that immigrant families have lived in the state for years, contribute to the economy, and should have a voice in the democratic process. Candelaria says there would be rules for undocumented immigrants to qualify for voting, such as residency requirements and background checks. However, opponents of the amendment argue that voting is a privilege for those who have gone through the established legal process to become US citizens. Sen. Rob Sampson, R-Wolcott, says it is essential to have an orderly process for immigration, and people should be treated with dignity, but there must be laws. As of December 2022, 16 municipalities across the US allowed non-citizens to vote in local elections.

Macron’s ‘balanced’ immigration bill fails to win over France’s right or left

France has proposed a new immigration law that will permit the employment and regularization of undocumented migrants and asylum seekers in sectors struggling with labor shortages. The legislation aims to accelerate the deportation of foreign nationals considered a serious threat to public order. It will also increase the language requirements for those seeking legal residency. The draft law will enable illegal immigrants to legalize their status in France if they have worked for at least eight months in one of several sectors, including nursing, childcare, and mechanics. However, the proposed legislation has received criticism from both sides of France's National Assembly, with the right-wing deeming it too lax and the left-wing believing it to be repressive. The bill aims to balance France's immigration policy between an iron fist and an open-door policy.

Canadian immigration update: Expansion of the ability of family to work in Canada

Canada has expanded its open work permit programme to include family members of certain temporary foreign workers in an effort to counter labour shortages. Effective 30 January 2023, the open work permit programme will cover family members including a spouse, common-law partner or dependent children of the principal foreign worker, and dependent children of these dependents. Eligible foreign workers for open work permits will include high-skilled workers who have legally worked in Canada for six months or more and are employed in high-skilled TEER 0, 1, 2, or 3 positions, and low-skilled workers who have worked legally in Canada for six months or more and are employed in low-skilled TEER 4 or 5 positions. Economic-class permanent-residence applicants who have worked legally in Canada for six months or more and have already applied for one of the economic classes defined under IRPR are also eligible.

Bills to Shut Down Immigration Detention Spring up in Multiple States

Open-borders groups have successfully pushed state legislatures to ban private contractors or local governments from contracting with Immigration & Customs Enforcement (ICE) to detain illegal aliens while they go through the deportation process. The first state to ban such contracts was California in 2019, but the ban was ruled unconstitutional. Illinois and New Jersey banned ICE contracts in 2021, with Illinois' ban upheld by the 7th Circuit. In 2022, Colorado, New Mexico and New York introduced nearly identical bills to ban private immigration detention facilities. The bans would prohibit state agencies and local governments from entering into detention contracts relating to privately owned immigration detention facilities and paying costs related to their ownership and management. Bills in Colorado and New Mexico are progressing, but it is unclear whether the governors would sign them into law. Open-border groups are pushing for similar legislation in other states, including Pennsylvania.

Welcome Corps Program Allows Private Citizens to Sponsor Refugees to US

The U.S. Department of State has launched Welcome Corps, a private sponsorship program that allows American citizens to assist refugees who have already been approved to enter the country. The program is modeled after a Canadian initiative and is designed to distribute the work of resettling refugees to everyday citizens. Sponsors must join a group of five or more private sponsors to commit together, and they must independently raise $2,275 per refugee, complete a background check, attend training sessions, and sign a commitment form. Sponsors will also be required to submit a welcome plan documenting how they will support the refugees in their resettlement and complete reports and surveys over the course of one year. The goal of the program is to recruit 10,000 Americans to help resettle 5,000 refugees. The program has already received over 22,000 inquiries since its announcement.

State lawmakers consider giving DeSantis OK to transport migrants from anywhere in US

Florida Governor Ron DeSantis has proposed new legislation that would allow the state to use taxpayer funds to relocate migrants who have been processed and released by the US government anywhere in the US. The measure allows the governor to have greater access to $10m between now and the end of June for migrant transportation and potentially up to $500m in emergency funds. The move comes as DeSantis faces several lawsuits challenging his operation to relocate migrants from the Texas border to Massachusetts. The proposed bill states the programme is necessary to “protect Floridians from the impacts of the border crisis”. Critics argue the proposed legislation could undercut ongoing lawsuits against DeSantis' administration. Democratic Senator Jason Pizzo has filed a lawsuit accusing the governor of illegally using taxpayer funds to fly migrants to Massachusetts last September.

Property ownership bill threatens immigrant groups

Texas State Senator Lois Kolkhorst's Senate Bill (S.B.) 147, which proposes a ban on property ownership by citizens of China, Iran, Russia, and North Korea, has been criticized for being discriminatory against immigrant groups in Texas. The bill makes no distinction between legal and illegal immigrants and may violate the 14th Amendment, treating entities majority-owned by foreign governments the same way it treats private individuals who hold citizenship in these countries. While Governor Greg Abbott supports the bill, it may be unconstitutional as it interferes with foreign policy. This bill has negative consequences for immigrant groups, including dual citizens, who are treated as "other" and are uncertain of their future. The Asian American Pacific Islander community has rallied together against the bill as the coalition fights against discriminatory legislation, which could spread from Texas to other southern states.

Illinois AG investigating Chicago police over handling of U visas

Illinois Attorney General Kwame Raoul is investigating whether the Chicago Police Department (CPD) violated state law when it denied hundreds of undocumented immigrants the chance to apply for a special visa for crime victims in the past two years. Victims of qualifying crimes, such as domestic battery and assault, are eligible for legal status through a U visa, which provides a path to citizenship for those who cooperate in law enforcement investigations. The investigation follows a December report by Injustice Watch, which revealed how CPD routinely denied certifications to victims of qualifying crimes. Raoul warned that the "improper denials" could potentially violate the Voices Immigrant Communities Empowering Act and may "result in legal action" from his office. At least one immigrant denied a U visa certification by CPD has already sued the department in the Cook County Circuit Court.

Immigrants Fear Gun Violence and Students Conduct Covid Outreach

Many immigrants in California are concerned about gun violence, but they are less likely to arm themselves than U.S.-born adults in the state. A survey conducted by the UCLA Center for Health Policy Research in 2021 found that nearly 25% of immigrants reported feeling "very worried" about being a victim of gun violence, compared to about 13% of California adults. However, fewer than 8% of immigrants in the state had a firearm, compared to over 22% of U.S.-born adults. At least 18 people, many of them Asian American immigrants, were killed in two recent mass shootings in Monterey Park and Half Moon Bay. Meanwhile, community health groups in California are training teenagers to conduct COVID-19 outreach and education in areas where vaccine fears persist, with young Latinos serving as effective health ambassadors. Finally, there has been a steady rise in the percentage of Californians choosing to die at home, reflecting a desire to end life in a comfortable and familiar place.

Immigration denies visas for Kiwi's Iranian parents

More than half of parents needing visas to visit their migrant children in New Zealand have been turned down since July, compared to one in 12 pre-pandemic. Immigration officials ruled an Iranian couple could not visit their family due to the turbulence in their home country, stating they might not return. The rejection letter acknowledged the couple may have a genuine and lawful purpose of visiting New Zealand, but said "purpose by itself does not outweigh other bonafide concerns". Violence broke out in Iran after the death of 22-year-old Mahsa Amini in police custody in September. Immigration adviser Brandon Han criticised the "double moral and procedural standards" used by Immigration NZ (INZ), stating the message after the mosque attacks that "they are us" did not extend to immigration decisions.