Week of February 8–14, 2022

A Statistics Canada study based on 2019 income tax data from the Longitudinal Immigration Database (IMDB) has shown that immigrant children who came to Canada participate in postsecondary education more often than the Canadian population as a whole. Those admitted at younger ages participated the most, with nearly 77% of 20-year-old immigrants admitted before age five going into postsecondary studies. Children admitted as economic immigrants fared better than the overall Canadian average from age 25 on, while children of sponsored and refugee families had median wages comparable to the overall population by age 30. Postsecondary participation among child immigrants also appears to be related to their parents' socioeconomic characteristics. These results will contribute to baseline estimates for future research on the impact of the COVID-19 pandemic on immigrant children and their long-term socioeconomic outcomes in adulthood.

The Biden administration is reportedly planning to expand a home confinement and curfew pilot program for immigrants seeking asylum or other protection in the U.S. immigration courts, according to Axios. In response, several organizations, including the National Immigration Project, the National Immigrant Justice Center, and Human Rights First, issued a joint statement condemning the plan, calling it an "e-incarceration" program that would newly place hundreds of thousands of people under ICE's control. The plan, which would involve the use of electronic monitoring devices, including GPS-enabled ankle monitors, would also funnel millions of federal dollars to private companies providing the surveillance devices. The organizations argue that the use of such devices has been shown to cause serious harm to the physical and mental health of immigrants, and further reinforce patterns of oppression against Black and brown communities. They call on Biden to live up to his promise of reducing detention and ending private prisons, and to swiftly phase out the use of immigration detention.

Four Republican-sponsored bills in Tennessee have provoked outrage among supporters of immigrants and immigrant rights. One bill seeks to allow local educational agencies or public charter schools to deny enrollment to students based on their immigration status. Another bill aims to develop a system to relocate undocumented people outside the state, and a third seeks to expand the current mandatory e-verify program. A fourth piece of legislation urges Congress to complete a wall between the US and Mexico. If passed, the bill denying enrollment to undocumented children would likely provoke a lawsuit, as the US Supreme Court ruled in 1982 that state officials cannot deny students a free public education based on their immigration status. Meanwhile, on a federal level, immigration-rights advocates are still awaiting immigration reform from President Joe Biden.

As the campaign season heats up in Nevada, there has been an increase in anti-immigrant rhetoric, especially by Republican politicians who have built their careers on the communities they want to be hated. Joey Gilbert, an attorney seeking the Republican nomination for Governor, had to clarify that his law firm only helps those who have done things the "right" way, meaning those who have family members or employers willing to sponsor and petition for them. On the other hand, Noah Malgeri, another lawyer running for US Congress, has been referring to the community he once served as "illegals," promoting the idea that people should apply for asylum from their home countries, and calling for the closure of the southern border. This rhetoric is cruel and purposely hateful as it pits those who are lucky enough to have an elusive path to citizenship against those most in need of protection and support.

Canada's population growth is being driven in large part by immigration, accounting for around 80% of the country's population growth, according to newly released census data. B.C. was the province with the second-highest percentage of population growth since 2016 and four of the top five fastest-growing metropolitan areas in Canada are in B.C. Immigrants to Canada are bypassing urban centres and settling in areas with more affordable housing. Chris Friesen, chief operating officer for the Immigrant Services Society BC, is calling on the province to create a five-year plan and create a ministry for immigration, multiculturalism, and anti-racism. Currently in B.C., immigration issues are split between the ministries of municipal affairs and advanced education skills and training. Immigrants also face barriers accessing jobs that correspond to their skills and education as their credentials are often not recognized in Canada.

Republicans are divided over an immigration bill introduced by some members of the party that would grant citizenship to millions who are in the US without legal permission. Congresswoman María Elvira Salazar of Florida talked about the Dignity Act, which would help those who were brought into the country as minors without legal permission and others who contribute to the US economy, while also reinforcing the border. The proposal includes having immigrants pay $1,000 annually for 10 years into a fund as restitution, and that money would help train other workers. The measure would streamline a path for minors brought into the country illegally as children and beef up structures and systems at the US border. But they "will not have access to federal means-tested benefits or entitlements," said a news release. Some Republicans opposed the proposal, calling it a type of "amnesty." Others, however, showed support for the bill. Democrats have also made repeated attempts at immigration reform, but none of the bills they have introduced have been able to garner support from a majority in Congress.

A US federal court has ruled that a law prohibiting speech that encourages undocumented immigrants to "enter or reside" in the US is unconstitutional. The Ninth Circuit found that the law, 8 USC § 1324(a)(1)(A)(iv), is overbroad and infringes on freedom of speech, including examples of potentially prohibited protected speech, such as "encouraging an undocumented immigrant to take shelter during a natural disaster." The government argued that the law only covered aiding and abetting unlawful immigration, but the court found that the surrounding provisions already addressed this conduct. The ruling arose from the prosecution of Helaman Hansen of Americans Helping America, who was charged under the law for a scheme to defraud undocumented immigrants by offering to adopt them as a step towards naturalisation in exchange for large sums of money. Hansen's sentence for encouraging unlawful immigration was struck down, but his other convictions were upheld.

Foreigners at the border crossing points between Chile and Bolivia are experiencing confusion and discontent following the Chilean government's announcement of a "state of exception" and the entry into force of a new immigration law, which seeks to tighten crossing restrictions. Migrants have jammed the Colchane border crossing without any certainty of entry, and fear being sent back to Bolivia. The new law facilitates expulsions and "hot returns" of migrants back across the border without subjecting them to judicial proceedings. Despite the law technically entering into force in 2021, it had not been officially approved until Saturday. Dozens of migrants have been subjected to a process of self-exposure, with those found to have criminal records returned to Bolivia. Chile has expelled a total of 39 adults and an unknown number of children back to Bolivia. Truckers demanding more security on roadways and an end to migration over clandestine routes prompted the measures.

The Biden administration has lifted most of the visa bans on Laos, ending a Trump-era ban that prevented people in Laos from obtaining any travel or immigrant visas. Critics saw the sanctions as political retaliation to pressure Laos into accepting people deported from the US. This move could reunite around 2,000 people with their loved ones. The ban had prevented many from sponsoring their spouses or children for visas. Meanwhile, the Biden administration plans to expand home confinement and curfew pilot programs to track undocumented immigrants awaiting court proceedings. This plan is part of the administration's efforts to provide an alternative to for-profit detention centers. The first trial of the program will take place in Baltimore and Houston, with a few hundred immigrants participating. Approximately 180,000 undocumented immigrants are already being monitored through ankle bracelets and other tracking devices.

The UK Home Office has provided guidance for its caseworkers on DNA testing evidence as an option for applicants to prove a family relationship in immigration applications. Although documentary evidence is often used, there are circumstances in which it may not be available or accepted as genuine or sufficient. DNA evidence can help validate a claimed parental relationship, although the laboratory must be accredited to an International Organization for Standardization (ISO) standard and meet certain collection standards. The Home Office cannot require DNA evidence, but may invite individuals to provide it as one of a range of options. An application cannot be refused solely on the basis of not providing DNA evidence, and no negative inferences will be drawn. However, an application may be refused if the alternative evidence is not considered sufficient. The use of likelihood ratios is encouraged, but reliance on the percentage chance that an individual is related is prohibited.