Week of July 1–7, 2024

On June 28, 2024, the U.S. Supreme Court overturned Chevron v. NRDC, a 40-year-old ruling that required courts to defer to federal agency decisions. In Loper Bright Enterprises v. Raimondo, the Court ruled that Chevron conflicted with the judiciary's role to interpret the law. This decision shifts the standard of deference from Chevron’s "reasonable" interpretation to Skidmore deference, which grants less weight to agency interpretations, depending on their persuasiveness, reasoning, and consistency.

In the immigration context, this change could have significant impacts. For example, immigration judges and the Board of Immigration Appeals (BIA) may face less deference for their decisions on matters like "particular social group" or the automatic conversion of priority dates for aged-out children. Employers may also have a better chance of challenging visa classifications, and USCIS's determinations on "extraordinary ability" in employment-based petitions may be more vulnerable to judicial review.

However, Chevron’s demise may reduce the agency’s ability to implement policies like DACA or F-1 Optional Practical Training, as it weakens the deference to agency decisions. The Department of Justice will likely argue that certain provisions of the Immigration and Nationality Act still support agency authority, but courts will now be more inclined to independently interpret immigration laws.

In sum, Loper Bright could lead to less uniformity in immigration law, with federal courts assuming more power in shaping immigration policy.

Born in South Korea, Jim Lee holds a Guinness World Record for the best-selling comic book of all time. A new Carnegie-commissioned comic series highlights Lee’s story and the stories of other naturalized citizens who enrich American society and strengthen our democracy

Jim Lee, born in Seoul, South Korea, is a renowned figure in American comics and currently serves as the president, publisher, and chief creative officer of DC. His journey to the United States as a young child who didn’t speak English was shaped by his connection to Superman, whom he describes as the "ultimate immigrant." This connection helped him navigate the challenges of fitting into American culture.

Lee holds a Guinness World Record for the best-selling comic book of all time and is celebrated for his work on popular DC titles like Batman: Hush and Superman: For Tomorrow. Over his career, he has won multiple prestigious awards, including the Harvey and Inkpot Awards. Beyond his artistic achievements, Lee is also known for his philanthropy. In 2020, he raised $800,000 by auctioning his sketches to support comic book stores impacted by the COVID-19 pandemic. He has also contributed to causes such as Huntington’s disease research and children’s mental health.

In honor of the Fourth of July, the Carnegie Corporation highlights Lee's contributions as part of a new comic series celebrating naturalized citizens who strengthen American democracy. Through this project, Lee’s story and those of other immigrants are showcased as examples of how diverse backgrounds enrich the fabric of American society.

University of Idaho’s McClure Center report shows economic impact of unauthorized immigrants in the Gem State

A recent report by the University of Idaho’s McClure Center highlights the significant role unauthorized immigrants play in Idaho's economy, particularly in the agricultural, hospitality, and construction sectors. Around 35,000 unauthorized immigrants reside in Idaho, contributing millions to the state's economy. The study, commissioned by the Idaho Dairymen’s Association, the Idaho Farm Bureau Federation, and the Idaho Association of Commerce and Industry, reveals key figures such as $570 million in spending power in 2019 and $26.3 million in state taxes paid in 2014.

While the national number of unauthorized immigrants has declined, Idaho's immigrant population has remained stable between 2005 and 2021. Idaho’s dairy industry, a key player in the state’s economy, heavily relies on immigrant labor. Rick Naerebout, CEO of the Idaho Dairymen’s Association, has opposed restrictive immigration bills introduced in 2024, such as House Bill 615, which aimed to limit access to public assistance for unauthorized immigrants, and House Bill 753, which sought to criminalize illegal entry. Both bills did not advance, but future policies could impact Idaho's agriculture industry, which ranks third in the U.S. for milk and cheese production.

A recent report reveals alarming rates of abuse against LGBTQ and HIV-positive individuals in U.S. immigration detention centers. Based on interviews with 41 detainees, including 17 living with HIV, the study highlights widespread sexual assault, harassment, and neglect. Nearly all detainees experienced some form of abuse tied to their sexual orientation, gender identity, or HIV status.

The report, compiled by three immigrant rights organizations, criticizes the U.S. Department of Homeland Security for failing to ensure the safety of vulnerable detainees. In Louisiana, home to some of the highest numbers of detainees, the abuse rates are particularly concerning. Forty percent of participants reported physical or sexual assault, with many incidents ignored by staff. Moreover, 85% of those interviewed reported verbal or nonverbal abuse, often from facility employees.

Many LGBTQ and HIV-positive detainees were placed in solitary confinement, often labeled as a safety measure, but experienced severe psychological harm. The report also found that many were denied medical care, including essential HIV treatments.

The authors recommend prioritizing the release of LGBTQ and HIV-positive detainees into the community rather than placing them in dangerous detention centers. This issue is especially pressing given the high asylum approval rates for these individuals, as they often face persecution in their home countries. The report emphasizes the need for systemic reforms in the U.S. immigration system to prevent further trauma and abuse.

President Joe Biden and former President Donald Trump participated in the first debate of the 2024 presidential election cycle on June 27, hosted by CNN in Atlanta. It was the earliest televised presidential debate in U.S. history, lasting 90 minutes and moderated by CNN anchors Jake Tapper and Dana Bash. Candidates stood for the entire debate and followed strict rules, including microphone muting when not speaking.

A major topic of discussion was illegal immigration, with both candidates addressing key issues such as border security, crime, national security risks, drug trafficking, and the impact of illegal alien workers on U.S. jobs.

Although independent candidate Robert F. Kennedy Jr. did not participate in the CNN debate, he livestreamed his responses to the questions. The Federation for American Immigration Reform (FAIR) has released a video covering the immigration discussions from the debate, including Kennedy’s remarks. This allows voters to hear the candidates’ positions directly.

Newsom has accused Republicans of blocking reform while backing a bipartisan Senate package to provide aid to border communities and limit entries. Under his leadership, California has allocated over $1.3 billion in humanitarian aid since 2019 and helped shelter over 500,000 migrants.

Newsom has also expanded health care access for illegal immigrants, offering Medi-Cal coverage to all regardless of age or immigration status, a move expected to benefit over 700,000 individuals. This demonstrates his more progressive stance, though he faced criticism when cutting caregiver funding for disabled undocumented immigrants to save $94 million amid a state deficit.

If elected, Newsom would bring a blend of Biden’s policy continuation and potentially more ambitious reforms, especially concerning health care and migrant support, while navigating political challenges from both sides of the aisle.

Following President Biden's rough debate performance, some Democrats have raised the possibility of him stepping aside, with California Governor Gavin Newsom emerging as a potential replacement for the 2024 race. Should Biden step down, Vice President Kamala Harris would succeed him. However, if Biden opts out of a second term, the Democratic National Convention could select a new nominee.

Newsom has not run for president before but is now being considered. If chosen, he would inherit the ongoing border crisis. Although border crossings have declined, numbers remain high compared to pre-Biden years. As a governor of a border state, Newsom has relevant experience and would likely continue Biden's border policies, having supported the president’s push for immigration reform and increased funding for border security.

Newsom backed a bipartisan Senate bill to fund border communities and control entries, while criticizing Republicans for blocking reform. He has also been instrumental in California's efforts, which include providing over $1.3 billion for humanitarian aid since 2019 and sheltering more than 500,000 migrants since 2021.

While aligned with Biden on funding, Newsom has taken more progressive steps, such as offering health insurance to all undocumented immigrants in California through Medi-Cal. However, he faced criticism after cutting caregiver services for disabled undocumented residents to address a state budget deficit.

Amid growing concerns over President Biden’s debate performance, some Democrats are questioning his future as a candidate, raising the possibility of Kamala Harris stepping into the role. Should Biden step down or not run for re-election, Harris, as vice president, would likely succeed him. This potential leadership transition would put her front and center in addressing the ongoing border crisis, which has seen record encounters during Biden's presidency.

Harris has largely supported the Biden administration’s immigration policies, which aim to reverse Trump-era measures and propose sweeping reforms, including a pathway to citizenship for millions of undocumented immigrants. Despite bipartisan efforts, significant immigration legislation has stalled in Congress, with Harris blaming former President Trump for the failures.

As “border czar,” a title she rejected, Harris has led diplomatic efforts to address the root causes of migration, such as poverty, violence, and climate change, particularly in Northern Triangle countries. Her efforts, which include encouraging private-sector investment, have yielded over $5.2 billion in commitments since 2021, and encounters from the region have decreased from over 700,000 in fiscal year 2021 to around 330,000 by May 2024.

Harris' presidential campaign hinted at more aggressive executive actions on immigration. She proposed expanding DACA protections and using parole authority to provide pathways to citizenship for illegal immigrants, potentially benefiting over 2 million "Dreamers."

The Utah Compact, introduced in 2010 and reaffirmed in 2019, outlines five principles to guide the state’s immigration discussion. It was created in response to concerns about harsh immigration policies in other states, aiming for a balanced and humane approach. Despite the years, the national immigration system remains broken, and meaningful reform remains elusive.

The Compact emphasizes that immigration is a federal issue and calls for stronger national laws and border protections. However, partisan gridlock has stymied progress, with recent efforts at reform, including a bipartisan bill, failing due to internal party conflicts. Immigration has become more of a theatrical issue than a policy one, with both parties avoiding accountability.

The Compact also advocates for the preservation of families, opposing policies that separate them, and recognizing the economic role immigrants play. Despite these principles, many families are still separated, and deportation practices often target non-criminal immigrants.

Moreover, the Compact supports policies that create a welcoming and business-friendly environment. In contrast to the increasing national hostility toward immigrants, Utah continues to uphold these values. As anti-immigration sentiment rises, advocates remain hopeful that the Compact's principles can guide the conversation toward more compassionate policies.

In this divided era, Utah’s approach stands out as a reminder of the importance of humane and family-centered immigration policies.