Week of July 1–7, 2022

The US Supreme Court has given the green light to President Joe Biden to end the "Remain in Mexico" immigration policy, which originated under the Trump administration. The policy sends certain non-Mexican citizens who entered the US back to Mexico while their immigration proceedings played out. Biden campaigned on ending the policy and has said it "goes against everything we stand for as a nation of immigrants." The ruling was 5-4, with Chief Justice John Roberts writing for the majority. Roberts said the relevant immigration statute "plainly confers a discretionary authority to return aliens to Mexico during the pendency of their immigration proceedings." The Supreme Court's decision is a major victory for the Biden immigration agenda, as the administration has suffered several losses in lower courts in its efforts to reverse Trump's hardline immigration policies.

Friday, July 01. 2022 - On Regulation and Immigration, the Supreme Court Tried to Seem Reasonable

Supreme Court Chief Justice John Roberts appeared to attempt to counter the notion that the court has become an enclave of right-wing extremism during the final day of the court term. Roberts' two opinions stressed their narrowness in both West Virginia v. EPA and Biden v. Texas. In the EPA case, Roberts' opinion rejected the Obama administration's reading of the Clean Air Act, but didn't endorse the specific narrow reading of the act issued by the EPA under Donald Trump. In the immigration case, he upheld the Biden administration's discretion under the Immigration and Nationality Act (INA) not to return to Mexico non-Mexican nationals. Roberts' majority opinion went to some lengths to stress its narrowness in both cases. It rejected the Obama administration's reading of the Clean Air Act but did not endorse the specific narrow reading of the act issued by the EPA under Donald Trump.

Republican Congressman Tony Gonzales has urged for a long-term solution to be found to address the US immigration policy. He argues that the US Supreme Court’s decision to overturn the Trump-era “Remain in Mexico” policy has now given the Biden Administration the opportunity to find an effective replacement that will prevent needless deaths of migrants. Gonzales believes the legislative branch should be responsible for setting immigration policy, not judges. He suggests implementing policies that work and more immigration judges to ensure asylum cases are heard in days, not years. Once cases are processed, he suggests that those who do not qualify for asylum should return to their country of origin. Gonzales advocates for a legal route to obtain work visas that is currently not functioning effectively. He believes the US can have both border security and an immigration reform package that welcomes those that want to live the American dream.

The Biden administration has allowed over 1 million illegal migrants into the United States, according to its own disclosures. If unaccompanied minors and those who got away are included, the figure approaches 2 million. The number of migrants encountered by US Customs and Border Protection continues to rise, with May seeing the highest figure on record. This influx is putting huge pressure on small border towns, such as Eagle Pass, Texas, where thousands of migrants are being processed each day. Mayor Rolando Salinas Jr. has expressed deep frustration, stating that police and fire services are stretched thin. This situation is expected to have implications for politics, budgets and crime around the country.

A woman in New Zealand has been sentenced to 12 months' supervision, 200 hours' community work and ordered to pay $8,000 to her victims after being convicted in the Auckland District Court for providing immigration advice without a licence and using forged documents. Sesilia Sua had been warned by the Immigration Advisers Authority in 2017, but continued providing immigration advice regardless. Most of her victims had met her through church events, where her husband is a pastor, or had been referred to her by friends or family. In one example, a person who had sought Sua’s advice since 2015 ended up residing in New Zealand unlawfully after several visa applications lodged by Sua on their behalf were rejected over the years. The Immigration Advisers Authority warns that people seeking immigration assistance should only use licensed advisers or exempt individuals.

The Declaration of Independence is mostly known for its grand opening and closing stanzas, but it's actually a laundry list of complaints about how the government sucks. And it turns out that the grievances the Founders faced in 1776 were not all that different from what Americans deal with today. Armed agents of the state allowed to violate civilians' rights with impunity, restrictions on trade that harm American businesses and consumers, artificial limitations on immigration that do the same, and more. Restrictions on immigration and a hopelessly complex naturalization process have contributed to America's labor shortage, which is feeding inflation. Immigrants are essential for a growing, economically successful society. The Founders understood this, and it was every bit as true today as it was when the population of the United States was a mere 2.5 million.

The use of guaranteed minimum payments in contracts with private companies to house immigrant detainees by the US government may have a financial downside, particularly when the number of detainees falls. The Adelanto facility, a privately run detention centre in the California desert town of Adelanto could hold nearly 2,000 migrants facing the prospect of deportation, however, the number of detainees at the centre is currently closer to two dozen. The government pays for at least 1,455 beds a day at Adelanto, but so far this fiscal year reports an average daily population of 49 detainees. Over the past two years, immigration detention facilities across the US have been underutilised as authorities were forced to space out detainees to limit the spread of COVID-19.

Communities across the United States are recognizing the importance of helping immigrants become naturalized citizens. Immigrants who become naturalized citizens have access to better opportunities, earning on average 8% more in lifetime income than their non-naturalized peers. They are not tied to one employer via sponsorship and can pursue more career opportunities, which ensures greater mobility, benefiting the local community. Some cities and counties are stepping up to provide resources to help make the process of becoming a citizen easier and more accessible. In Tulsa, Oklahoma, the New Tulsans Initiative provides resources for neighbors to become citizens, while in Seattle, the New Citizen Campaign provides financial assistance to offset filing fees and legal assistance throughout the citizenship application process. Many communities are taking a moment to celebrate the cultural, social, and economic contributions of immigrant neighbors during Immigrant Heritage Month, such as Columbus, Ohio, Boulder, Colorado, and Philadelphia, Pennsylvania. While immigration reform at the federal level continues to be challenging, local communities are forging ahead with innovative programs to support their immigrant neighbors.

Amendments to defense authorization bill could get votes next week

House Democrats have introduced several immigration-related amendments to the fiscal 2023 defense authorization bill, potentially their last opportunity to pass new immigration policies before the midterm elections. The must-pass defense authorization bill presents a prime opportunity for Democrats to push their legislative priorities, including Rep. Deborah K. Ross's amendment to protect "documented Dreamers," and Rep. Zoe Lofgren's amendment to exempt certain advanced STEM degree holders in national security-related fields from numerical visa limitations. While Ross’s proposal reportedly has bipartisan support, it has yet to advance in either chamber. The proposed amendments reflect the difficulty of moving standalone measures, particularly on thorny topics like immigration, in today's narrowly divided Congress. The House plans to vote on the bill and its amendments next week.

Activists in Colorado are calling for a permanent solution for undocumented individuals to receive protected status as a federal appeals court considers the fate of the Deferred Action for Childhood Arrivals (DACA) program. DACA is an Obama-era program that prevents the deportation of undocumented people who were brought into the country as children. There are about 600,000 DACA recipients nationwide and about 14,000 living in Colorado. The Biden administration, liberal states, and individual DACA recipients are appealing against a 2021 decision by US District Court Judge Andrew Hanen that DACA was illegal. Nine Republican-led states argued that the program was enacted without proper legal and administrative procedures and that it creates irreparable harm because of the cost to the states to provide health care and other government services to the recipients. The Colorado Office of New Americans estimates that DACA recipients contribute about $800 million to Colorado’s annual gross domestic product.