Week of July 8–13, 2024

The 5th Annual Immigration Summit, held on July 11th and 12th, 2024, at Los Angeles Trade Technical College, focused on empowering L.A.’s immigrant communities with the theme "Leading a Bold, Just, and Inclusive Democracy." The event brought together cross-sector partners, immigrant advocates, community leaders, philanthropists, elected officials, and media for conversations and learning sessions.

The two-day summit highlighted the progress made in immigrant integration across California and Los Angeles County, exploring innovative strategies and best practices to advance inclusion locally and nationally. Attendees engaged in plenary sessions and panel discussions centered on immigrant voices and intersectional issues.

The Summit also marked the release of the State of Immigrants in Los Angeles County 2024 (SOILA) report by the USC Equity Research Institute (ERI). This annual report provides data on the well-being of immigrants in L.A. County, aiming to guide local stakeholders in advancing pro-immigrant policies.

Both the Summit and the SOILA report are collaborative efforts involving the California Community Foundation, USC ERI, the Council on Immigrant Inclusion, and the Immigrants Are LA coalition, with participation from business, labor, community organizations, local government, and funders.

A recent Gallup poll shows a significant shift in American attitudes toward immigration, with 55% now favoring a decrease in immigration, up from 41% last year. This marks the highest level of opposition since 2001. The shift comes after record-high illegal border crossings, which have since decreased but remain above pre-pandemic levels. Immigration consistently ranks as one of the top issues for Americans this year, with 42% describing the situation at the U.S.-Mexico border as a crisis.

The poll also highlights partisan divides. Republicans are most likely to support reducing immigration (88%), followed by independents (50%) and Democrats (28%). Despite these differences, majorities of all groups support hiring more border patrol agents and allowing immigrants brought to the U.S. as children to stay and become citizens. However, Republicans strongly favor more restrictive policies, such as expanding border walls and deporting all illegal immigrants.

While 64% of Americans still view immigration positively, down from a high of 77% in 2020, Republicans’ positive views have dropped sharply. Immigration is becoming an increasingly important election issue, with 25% of voters saying they will only vote for candidates who share their views on the matter. As immigration remains a top concern, it could play a crucial role in upcoming elections, influencing both voter preferences and evaluations of incumbent politicians.

The article emphasizes the need for U.S. Citizenship and Immigration Services (USCIS) to treat all Afghan asylum seekers as "allies," granting them expedited asylum processes and support, regardless of their entry method. After the Taliban's takeover of Kabul, many Afghans were evacuated under Operation Allies Welcome (OAW) and granted benefits such as humanitarian parole, Temporary Protected Status, and faster asylum processing. However, Afghan asylum seekers who arrived via different channels, such as on F or J visas, lack access to these benefits. These individuals face the risk of becoming undocumented or overstaying their visas and often lack affordable legal services. Many of these Afghans missed the one-year asylum deadline due to trauma or other challenges, making their path to asylum harder.

While USCIS has expedited processing for those who qualify under OAW or Special Immigrant Visas (SIV), others remain in a prolonged asylum process, further complicated by backlogs in the immigration system. Advocates, including law school students, are encouraged to offer legal aid, with organizations like AILA supporting initiatives to provide affordable legal advice. The article calls for an equitable approach, where all Afghan asylum seekers, regardless of entry method, are treated equally in the asylum process, as they share similar risks of persecution.

As of mid-2024, state legislatures across the U.S. have continued to pass a mix of pro-immigrant and anti-immigrant policies. Over 700 immigration-related bills were tracked this year, with some states advancing measures that help immigrants succeed, while others passed harmful laws targeting immigrant communities.

Several states, such as Pennsylvania, Vermont, and Hawaii, have established Offices of New Americans to support immigrant integration, and states like Florida and Washington have expanded licensure opportunities for internationally trained professionals, allowing them to contribute more fully to local economies. Virginia and Wisconsin have also introduced provisional licenses for internationally trained physicians to address healthcare shortages.

In contrast, states like Iowa, Oklahoma, and Louisiana have passed restrictive measures inspired by Texas' SB4, which increases enforcement against undocumented immigrants. These harsh laws create fear among immigrant communities and harm state economies.

Some states have taken unique approaches to supporting immigrants. Colorado passed bills providing grants to community-based organizations and improving legislative access for non-English speakers. Oregon focused on education, passing a bill to assist students from immigrant backgrounds.

Looking forward, the upcoming presidential election may shift immigration policy, but state-level actions will continue to shape the lives of immigrants in significant ways. States remain key players in both welcoming and opposing immigrants, illustrating the complex landscape of immigration policy in the U.S. today.

New Immigration Court cases significantly dropped in June 2024 after President Biden's June 4 proclamation restricting asylum seekers' entry. According to the Transactional Records Access Clearinghouse (TRAC), new cases fell to 100,909 in June, a sharp decline from May and a significant drop compared to six months ago when filings peaked at 264,049.

The decrease impacted immigrants from many countries, particularly Venezuela. In December 2023, Venezuelans accounted for over 54,000 new cases, but by June 2024, their numbers fell to just over 13,000. Similar drops were seen in Mexican and Guatemalan immigrants, with cases for each nationality falling by more than half.

Among the top 20 nationalities, the largest relative declines occurred in immigrants from Venezuela, Peru, Guinea, Russia, and Senegal, where June numbers were 25 percent or less of their December totals. However, Cuba and Haiti experienced smaller declines, and India was the only country in the top 20 to see an increase in new cases, rising from 3,208 in December 2023 to 4,909 in June 2024.

TRAC’s New Immigration Court Filings dashboard provides detailed data on immigration trends, including nationality, language, and gender, updated with the latest figures for June 2024. This free tool allows users to track changes in court filings across different states and counties.

Rosa Felibert ’24 understands the challenges.

Rosa Felibert '24, originally from Venezuela, has faced significant challenges as an immigrant. Moving to Miami at age four, she lived undocumented until 18, constantly fearing deportation and uncertain about her future, especially regarding college. Despite these struggles, she excelled academically, graduating summa cum laude from the University of Florida with a degree in Anthropology and minors in Latin American and Educational Studies.

During her undergraduate years, Rosa realized her passion for helping people after presenting her honors thesis at a biological anthropology conference. Although proud of her academic achievements, she felt disconnected from her desire to make a direct impact. This led her to pursue a career in law, where she believed she could better assist others.

At Boston College Law School, Rosa served as an executive articles editor for the BC Law Review, worked as a certified student attorney in the Immigration Clinic, and was a teaching assistant. Her 2L summer at the Center for Gender and Refugee Studies, under Karen Musalo’s mentorship, deepened her commitment to immigration law, particularly advocating for marginalized individuals.

Rosa's experiences as an immigrant have inspired her work and aspirations. She is committed to helping oppressed communities, dreaming of collective liberation. After graduation, she plans to join the Northwest Immigrant Rights Project in Washington, continuing her mission to support immigrants like herself.

The Immigration Restriction Act of 1924, signed by President Calvin Coolidge, marked a pivotal moment in U.S. immigration history. Rooted in xenophobic and white supremacist ideologies, this law heavily restricted immigration, particularly targeting non-Northern European populations. The Ku Klux Klan's slogan, "America for Americans," resonated with the law's intent, supported by both major political parties. Albert Johnson, a Washington State congressman, played a key role in crafting this legislation, drawing on his nativist views and local support. Johnson's hatred of non-European immigrants shaped the law, which barred nearly all Asians and imposed strict quotas on immigrants from Southern and Eastern Europe, including Jews.

The law's impacts were severe, especially on Jewish immigrants, many of whom were denied entry to the U.S. during the rise of Nazi persecution in Europe. The act reinforced the concept of the "illegal alien," often associated with Jewish immigration at the time. Even today, the law's legacy persists in America's immigration policies, continuing to disproportionately affect people of color.

Although some aspects of the law were repealed in the mid-20th century, the restrictive and dehumanizing framework it established still influences immigration policy. In Washington State, efforts continue to challenge and dismantle these remnants, with organizations advocating for immigrant rights and justice.

The claim that Democrats encourage illegal immigration to influence congressional apportionment and the Electoral College has gained traction, especially after Elon Musk's tweets promoting the idea. He argued that undocumented immigrants shift political power to Democratic-leaning states by affecting the census, which counts all residents regardless of legal status. Musk estimated that this has led to a significant gain in House seats for Democrats. However, research does not support these claims.

The U.S. Constitution mandates that all residents, regardless of citizenship, be counted in the census for apportionment purposes. Historical legal challenges, including Franklin v. Massachusetts and Evenwel v. Abbott, have upheld this principle. Despite Republican attempts to exclude undocumented immigrants from the census, the Supreme Court has reaffirmed that everyone must be counted.

Research from institutions across the political spectrum, including the Brookings Institution, Pew Research Center, and the Center for Immigration Studies, shows that the impact of undocumented immigrants on congressional apportionment is minimal. Studies found that undocumented immigrants may affect the distribution of a few House seats but do not give Democrats a significant advantage. In fact, the net effect in the 2020 census was likely just one additional seat for Democrats, far from Musk's claim of 20.

Moreover, current migration trends suggest that red states are gaining more undocumented residents, which could benefit Republicans in future apportionment. Ultimately, the idea that illegal immigration is a deliberate Democratic plot is unsupported by evidence.

The Biden administration aims to revitalize the International Entrepreneur Rule (IER), originally implemented during the Obama era but stalled under Trump. This rule allows foreign entrepreneurs to stay in the U.S. if their startups demonstrate potential for significant public benefit, such as job creation and economic growth. However, since FY 2021, only 94 applications have been received, with 26 approvals, indicating uncertainty around the program.

New guidance from the U.S. Citizenship and Immigration Services (USCIS) was released on July 12, 2024, to clarify qualifications and improve transparency. To qualify, startups must show $264,147 in investments or $105,659 in government grants, with further evidence required. The updated information provides detailed answers to help applicants understand the criteria and avoid confusion.

Immigration attorney Jason Susser's client struggled with lengthy approval times, eventually moving her business to Canada. Susser and others advocate for clearer, faster processing to encourage more entrepreneurs to apply. With the new guidance, USCIS hopes to streamline the process, benefiting international students and entrepreneurs who could not secure H-1B visas. A functional IER could provide a pathway for entrepreneurs to stay in the U.S. longer, potentially leading to permanent residency. The administration remains committed to attracting global talent to drive innovation.

Between 2000 and 2020, the global population increased by 1.7 billion, but this growth was uneven. In 14 countries, immigration accounted for more than 100% of population growth, meaning without it, their populations would have declined. These countries often have low fertility rates and aging populations, where immigration is essential to counteract the demographic decline.

Italy, for example, saw a population increase of 2.7 million, but would have shrunk by 1.6 million without immigration. Similarly, the Czech Republic, Portugal, and the United Arab Emirates relied on immigrants for all their population growth during this period. Smaller nations, such as Aruba and Liechtenstein, also avoided population decline through immigration.

Seventeen other countries experienced population decreases, but these losses were mitigated by immigration. Romania’s population, for instance, would have declined by over 3 million without immigrants. Greece and Hungary also saw smaller population drops due to incoming foreign-born residents.

Globally, declining fertility rates and aging populations have led to uneven population changes. Fertility rates dropped from 2.7 to 2.3 children per woman between 2000 and 2020, with some countries in Africa still having high birth rates, while nations like South Korea and Singapore have extremely low rates. Without immigration, many countries face challenges from population aging and a shrinking workforce.

Gen Z Voters Debate U.S. Immigration Policy

Immigration is a key issue for Gen Z voters Kunal Botla and Artem Talibov, who recently discussed their differing views for GBH’s Politics IRL series. Talibov, a 22-year-old Republican supporting Donald Trump, described the current immigration situation as “not tenable.” He expressed concerns about the challenges of assimilating millions of migrants into a culture different from their own, worrying it could worsen the U.S. socioeconomic landscape.

In contrast, Botla, a 19-year-old progressive backing President Biden, advocates for a comprehensive reform of the immigration system. He believes the existing system drives individuals to cross the border illegally. While Talibov acknowledged that the system is “dysfunctional,” he fears that an influx of migrants could lead to crime, citing personal stories he has heard.

Botla challenged this notion, arguing that crime rates among immigrants are not significant and emphasized the need for immigration policies that welcome diverse backgrounds. He questioned how the U.S. could function effectively by only allowing highly educated or wealthy immigrants, stating that many contribute significantly to society.

Although both agree the current system is broken, their contrasting solutions reflect their political beliefs and will influence their votes in the upcoming election. This dialogue showcases the nuanced perspectives of young voters on immigration policy in the U.S.

I Wish People Understood Their Sibling Is Not an “Immediate Relative”

In a recent blog post, members of the 2023-24 AILA Media Advocacy Committee highlighted misconceptions about immigration, particularly regarding family relationships. Many U.S. citizens are surprised by the lengthy wait times to bring extended family members to the United States. One AILA member shared her experience: her husband petitioned for his sister to assist when their baby arrived, but by the time she obtained her visa, their child was already in college.

Under the Immigration and Nationality Act (INA), "immediate relatives" are defined as the spouse, parent, or child (under 21) of a U.S. citizen. This definition excludes siblings, who fall into lower preference categories for visas. Consequently, a U.S. citizen's sibling faces a 17-year wait for a visa, and up to 24 years for citizens of Mexico.

These long delays often result in families being separated for decades, missing significant life events like births, graduations, and weddings. The current immigration system has not seen comprehensive updates for generations, leading to widespread misunderstanding among the public about how it operates.

Advocates urge Congress to modernize immigration laws to reflect today's realities, emphasizing the need for redefined familial relationships. By doing so, families can reunite more swiftly and maintain connections throughout their members' lives, allowing for shared experiences and milestones.

The Elisabeth Haub School of Law at Pace University has announced the creation of the Vanessa Merton Immigration Justice Fellowship, part of its Immigration Justice Clinic, dedicated to ensuring fair treatment of immigrants in the Hudson Valley and New York Metropolitan area. Barbara Sarmiento, a 2024 Haub Law graduate, has been selected as the inaugural fellow.

Established through her family's generosity, the fellowship honors Professor Vanessa Merton, the clinic's founder and retired director, who has advocated for immigrant rights for nearly two decades. The fellow will connect those in need with free legal services and resources.

Stephanie Tombrello, Vanessa’s sister, expressed gratitude for the fellowship's creation, highlighting its importance for community members lacking immigration relief. Sarmiento, who joined Haub Law in 2018 as the Immigration Justice Clinic Administrator, has played a vital role in training interns and assisting clients as a Spanish translator. She credited Professor Merton with inspiring her legal career and commitment to immigrant advocacy.

Having pursued her law degree while balancing roles at the clinic and internships, Sarmiento is preparing for the Bar Exam and excited to begin her fellowship. Haub Law Dean Horace E. Anderson Jr. emphasized the fellowship's potential to expand legal services for underserved immigrant communities and support the next generation of advocates. Contributions to the fellowship can be made online in honor of Vanessa Merton.

Senator JD Vance (R-OH) criticized immigration's negative effects on the American economy and workers during a Senate Banking Committee hearing with Federal Reserve Chairman Jerome Powell. He argued that increased immigration exacerbates the housing market crisis, tightens the labor market, and hinders wage growth. Vance referenced a letter from Springfield, Ohio's city manager, highlighting the city's housing issues linked to an influx of migrants, particularly a significant rise in the Haitian population.

Federal Reserve Governor Miki Bowman also raised concerns about high immigration levels contributing to persistent inflation and increased pressure on housing costs. Vance emphasized that Springfield struggles to build adequate housing amid the surge in residents, alongside challenges in hospital and school services.

Moreover, Vance pointed out how immigration has led to lower wages for American workers, questioning why this is often viewed positively by economists. He advocated for policies that prioritize raising wages to attract sidelined workers, rather than relying solely on immigration to fill job vacancies.

Vance's remarks underscored a broader concern that the current immigration policy is causing significant challenges for small communities, affecting various services and the overall economy. He urged policymakers to focus on domestic labor supply solutions instead of increasing immigration as a response to labor shortages.

Immigration cases constitute a significant portion of pro bono work undertaken by law firms, driven by both the personal nature of the cases and the unmet need from partner organizations. In 2023, many of the nearly 120 firms participating in The American Lawyer's Pro Bono Scorecard highlighted immigration cases, particularly those involving Afghan asylum seekers.

DLA Piper dedicated over 20,000 hours to assist immigrant clients, with director Anne Helms noting that immigration is a "large segment" of their pro bono efforts. Tiana Russell of Crowell echoed this sentiment, emphasizing the critical need for legal assistance in immigration law and the strong relationships developed with legal service providers.

Organizations like the Tahirih Justice Center train attorneys to handle immigration matters, offering support through co-counseling agreements. These training programs allow attorneys across various practice areas to engage in pro bono work, making it accessible regardless of their schedules. Ellen Miller from the National Immigrant Justice Center expressed confidence in their ability to train lawyers to represent immigrants effectively.

The nature of immigration cases often allows for flexible workloads, as they can stretch over time due to court delays. Law firms like Crowell have collaborated with clients to hold clinics for asylum applications, fostering a rewarding synergy between pro bono work and client relationships. Personal motivations drive attorneys to engage in this field, often rooted in their own migration experiences or a desire to support marginalized communities.