Week of January 1–7, 2023

New laws that make it easier for foreigners to make their stay legal, move to, or gain permanent residency in Germany have come into effect on January 1, 2023. The Right to Residence law offers almost 140,000 foreigners who have been in Germany under a tolerated status the chance to meet the necessary requirements for an 18-month residence permit. The requirements include securing livelihood and being committed to the free democratic basic order, among others. The law also benefits people who have been in Germany for five years as of October 31, 2022, have not committed serious criminal offences, and are well-integrated in German society. Other regulations that have come into force include the opportunity for well-integrated young people aged 27 and younger to stay in Germany after three years, instead of four. The German government is also making it possible for asylum seekers to access integration courses and professional language courses. However, the authorities intend to be stricter in repatriating people without the right to stay in Germany, particularly those with criminal backgrounds.

Immigration restrictions do not benefit low-skilled workers in the long run, according to research by economist Catherine Sokoloff. Her study looked back to the Chinese Exclusion Act of 1882 which prohibited Chinese labourers from entering the US, with devastating consequences for low-paid US workers who remained in unskilled jobs. The legislation created a "honeypot" of workers, who became trapped in unskilled roles with little opportunity for progression or education. Over time, increased arrivals from other countries and parts of the US filled labour shortages, leading to long-term wage stagnation. Sokoloff argues that education and occupational upgrading are more effective ways to support low-skilled workers, as studies of modern immigration flows have found that they boost the education and occupational status of native workers.

Asylum seekers in the United States face a long wait as immigration courts have millions of cases backlogged. Syracuse University researchers compiled data showing that more than two million people are awaiting their immigration court cases to be heard across the country. In Arizona, there are 17,353 pending cases, with an estimated average wait time of 663 days. The states with the highest backlog are Florida and Texas, each with more than 300,000 pending cases. Immigration advocates are urging the Biden Administration to tackle the backlog by hiring more judges and prioritizing cases. Many migrants who cross the border in Arizona do not stay there as they have relatives or sponsors in other parts of the country.

The US Citizenship and Immigration Services (USCIS) has proposed a new fee schedule to recover its operational costs and prevent the accumulation of backlogs. USCIS receives approximately 96% of its funding from filing fees, and the proposed fee schedule aims to recover the full cost of agency operations. The proposal would increase some fees, including a modest increase in the fee for certain naturalisation applications, while preserving existing fee waiver eligibility for low-income and vulnerable populations and adding new fee exemptions for certain humanitarian programmes. The proposed rule would also institute lower fees for certain forms filed online, establish separate fees for each nonimmigrant classification covered by Form I-129, and change the premium processing timeframe from 15 calendar days to 15 business days. The 60-day public comment period starts following publication of the Notice of Proposed Rulemaking in the Federal Register.

The US Citizenship and Immigration Services (USCIS) has proposed fee increases for immigration applications, which have remained unchanged since 2016. USCIS's revenue dropped by 40% at the start of the pandemic, leading to staffing reductions, and a backlog in processing existing applications, which the agency aims to clear by increasing fees. The new fees could discourage foreign workers from coming to the US, according to the American Immigration Lawyers Association's Shev Dalal-Dheini. The proposal includes a $600 fee on employers looking to hire foreign workers, which would be used to process asylum claims, raising questions about the agency's fee-based funding, according to Ron Hira, an associate professor at Howard University. The proposed rule is open to public comment for 60 days.

The US Department of Justice has settled a claim from a Deferred Action for Childhood Arrivals (DACA) recipient who was arrested and detained by immigration agents in 2017 despite his protected status. Daniel Ramirez Medina, born in Mexico, was detained by US Immigration and Customs Enforcement officials who claimed he was a gang member or threat to public safety, unfounded allegations that led to his detention. While the settlement does not involve a payout, ICE officials are required to issue Ramirez Medina with a four-year “stay of removal” from the US. The settlement is renewable and will give him time to consider his options when it comes to his future immigration status. The case raised fears among immigrants of a government crackdown following Donald Trump’s promises to build a border fence and unfounded claims that many undocumented immigrants were criminals.

The US Citizenship and Immigration Services (USCIS) has the authority to provide employment authorization to the beneficiaries of approved employment-based immigrant visa petitions, according to a leaked memo from the Obama administration. USCIS believes that providing employment authorization would enable the US to retain foreign-born scientists, engineers, and physicians, and improve the lives of many highly skilled individuals. At present, beneficiaries may have to wait for many years for an immigrant visa number to become available before being allowed to apply for "adjustment of status," which would allow them to change jobs or start a business without the limitations of H-1B temporary status. Immigration attorney Greg Siskind confirmed the memo's authenticity, and Lynden Melmed, Chief Counsel of USCIS during the George W. Bush administration, said he agreed with its conclusion.

Florida is set to begin a trial against the Biden administration, alleging that its immigration policies are violating federal laws by releasing undocumented immigrants, which is leading to an influx of people into the state and increasing costs for services such as prisons, schools and health care. The state argues that undocumented immigrants are causing public-safety problems, such as bringing deadly fentanyl into Florida. In response, the US Department of Justice attorneys have argued that the federal government has the authority to determine immigration policies and that Florida is asking the judge to “second-guess discretionary decisions by the Department of Homeland Security about how to enforce immigration law most effectively and efficiently.” The trial will begin on 4 April.

US Border Bishop, Mark Seitz, is the new chairman of the US Conference of Catholic Bishops’ migration committee, and will be the first border bishop to serve in this role in at least two decades. Seitz has urged his fellow bishops to “do better to welcome (migrants)”. Ministering to migrants and refugees has been a priority for Pope Francis, who referred to the Virgin of Guadalupe, as “in the middle of the caravans who seek freedoms walking to the north”. Faith-based organizations have historically done most of the work caring for migrants, particularly when unprecedented numbers of new arrivals overwhelm local and federal authorities in cities like El Paso. With Title 42 in place, US officials apprehended and released more than 50,000 asylum-seekers in El Paso from the beginning of October.

Former Homeland Security Secretary Jeh Johnson said in a November 2021 interview that "only about 20%" of people who apply for asylum qualify for it. However, fact-checking website PolitiFact found that Johnson's specific numbers were off. While the likelihood of establishing credible fear is higher than that of obtaining asylum, PolitiFact notes that the approval rate is actually higher, with about 30% of asylum cases filed since 2000 resulting in asylum being granted. In fiscal year 2022, about 46% of people were granted asylum in cases decided by immigration judges. Johnson later acknowledged that he misspoke and that the approval rate is closer to 30% or higher. It's important to note that even if someone is not granted asylum, it doesn't necessarily mean their claim is not valid; cases can be denied for procedural reasons or due to a lack of legal representation.