Week of June 22–30, 2024

The U.S. Supreme Court's ruling in Department of State v. Muñoz has significantly limited the ability of American citizens to challenge visa denials for their non-citizen spouses. In a 6-3 decision, the Court upheld the principle of consular nonreviewability, which gives consular officers broad discretion over visa decisions. The ruling concluded that U.S. citizens’ constitutional rights do not extend to contesting spousal visa denials, and limits their ability to present additional evidence to refute such decisions.

The case involved Sandra Muñoz, a U.S. citizen, whose husband, Luis Asencio-Cordero, was denied a visa due to suspicions of gang ties based on his tattoos, despite having no criminal record. The ruling could result in long separations for international couples, with fewer avenues to appeal denials. Justice Sotomayor dissented, arguing the decision undermines family rights. The ruling raises concerns about how cultural symbols are interpreted in the visa process and the balance between national security and family unification.

Florida’s Medicaid spending on emergency care for undocumented migrants has dropped 54% since Gov. Ron DeSantis implemented an immigration crackdown and passed a law requiring hospitals to ask patients about their immigration status. While this law doesn't force patients to answer, immigrant rights groups believe it discourages undocumented migrants from seeking medical care.

Data shows Medicaid expenditures for emergency coverage dropped from $148.4 million to $67 million this year. Critics, including Thomas Kennedy from the Florida Immigrant Coalition, claim the law has led to an exodus of migrants, affecting workforce shortages and industries.

Hospitals face over $566 million in unpaid bills from undocumented migrants, and some experts, like Leighton Ku, question whether the state overestimated these costs. The law has also sparked concerns about pregnant women avoiding hospitals, leading to potential long-term health consequences. Despite concerns, Florida Republicans say the law is successfully reducing costs.

New Mexico Governor Michelle Lujan Grisham praised President Biden’s balanced approach to border security and immigrant protections. On CBS’ Face the Nation, Grisham highlighted Biden’s June 4 executive action allowing the suspension of asylum claims during surges, which she called crucial for border states like New Mexico facing threats such as human trafficking, drugs, and guns. Grisham also commended Biden for protecting undocumented spouses and children of U.S. citizens under the "parole in place" program, shielding 550,000 immigrants from deportation. She emphasized the need for security while appreciating the president’s efforts to support immigrant families. Biden’s policies, which include faster work visas for DACA recipients and Dreamers with U.S. degrees, have drawn criticism from some progressives and lawsuits from advocacy groups like the ACLU. Grisham dismissed these concerns, stressing that Biden’s focus on both security and fairness provides a solution for states like New Mexico.

The Economic Innovation Group (EIG) applauds the bipartisan resolution passed by the U.S. Conference of Mayors, supporting the creation of a Heartland Visa program to attract high-skilled immigrants to areas often overlooked by U.S. immigration policy. Spearheaded by Cleveland Mayor Justin Bibb and co-sponsored by several other mayors, the resolution calls on Congress to establish a new immigration pathway for skilled workers, entrepreneurs, and innovators to help revitalize local economies.

EIG President John Lettieri emphasized that skilled immigrants are crucial to America’s economic success, citing their role in founding 25% of new businesses and 44% of Fortune 500 companies. However, most skilled immigrants are concentrated in a few metropolitan areas, leaving other regions economically underserved. The Heartland Visa aims to address this imbalance, boosting innovation and job creation across the country. A national EIG survey shows strong voter support for expanding high-skilled immigration.

The Biden administration announced new immigration protections for spouses and children of U.S. citizens and work visa improvements for DACA recipients. Eligible spouses and children can now apply for green cards without leaving the U.S. under "Parole in Place," helping around 500,000 spouses and 50,000 children. Applicants must have lived in the U.S. for over 10 years and will receive work authorization while applying for permanent residency.

Additionally, DACA recipients and other Dreamers with U.S. college degrees and job offers in their fields can now access work visas more quickly. These changes aim to streamline the immigration process and support family unification.

However, the executive order could face opposition and legal challenges from Republicans. Applicants should consult an immigration attorney, as there are risks for those with overstays or criminal records. DHS and the State Department will publish further details soon, and the application process is expected to open this summer.

Mayor Brandon M. Scott signed City Council Bill 23-0438 into law, making the Mayor’s Office of Immigrant Affairs (MIMA) a permanent entity. Established in 2014, MIMA promotes the wellbeing and integration of Baltimore’s immigrant communities by fostering public-private partnerships, providing support, and advocating for immigrants. Baltimore's foreign-born population has grown steadily, now representing 8% of the city. The bill reinforces the city’s commitment to being a welcoming place for immigrants, particularly its growing Hispanic/Latine population. MIMA has been instrumental in Baltimore’s ranking as a top city for immigrant integration and receiving the Certified Welcoming designation. Mayor Scott and Councilwoman Odette Ramos emphasized the importance of MIMA’s role in ensuring immigrant communities thrive. MIMA Director Catalina Rodriguez highlighted the office's impact on systems and the need for continued vigilance in supporting immigrant populations.

The State of Belonging in America

Belonging is a fundamental human need, crucial to individual and societal well-being. This report highlights the importance of belonging and introduces the Belonging Barometer, a tool designed to measure belonging across various life settings. The report emphasizes that belonging is vital for health, democracy, and social cohesion in the U.S.

Key findings reveal that belonging is multifaceted, involving emotional connection, inclusivity, and the ability to influence decisions. However, many Americans experience non-belonging, with significant percentages feeling excluded in their communities, workplaces, and even within the nation. Demographic factors like age, gender, sexual orientation, and socioeconomic status play a role in shaping feelings of belonging.

Belonging interventions are essential, especially as the U.S. becomes more diverse. People with more diverse social circles tend to report higher levels of belonging. The report concludes with a call for continuous improvement in belonging interventions, as understanding and addressing these issues will be critical for societal progress. The Belonging Barometer provides a valuable tool to track and enhance these efforts over time, offering insights into the complexities of belonging across different groups and contexts.

A University of Michigan survey examined Michiganders' views on legal immigration, revealing a divide across four metro areas: Detroit, Flint, Grand Rapids, and Ypsilanti. Of those surveyed, 39% supported easier legal immigration, 16% preferred no change, 26% favored stricter immigration policies, and 19% were unsure.

Ypsilanti (45%) and Grand Rapids (44%) residents were more likely to support easing immigration compared to Detroit (37%) and Flint (29%). On the opposite end, Flint (31%) and Ypsilanti (29%) led in advocating for stricter policies. Educational attainment played a role: 55% of residents with a bachelor's degree supported easier immigration, compared to only 34% without a degree. Meanwhile, those without a degree (29%) were more likely to support making immigration more difficult, and were also more uncertain about their views (21% vs. 12% with a degree).

The study also found that U.S.-born residents in immigrant-dense neighborhoods tended to have more favorable views on immigration. A 10 percentage-point increase in a neighborhood's foreign-born population correlated with a three percentage-point rise in support for easing immigration policies.

This research, supported by multiple foundations and U-M's Poverty Solutions, aims to inform policy discussions as Michigan’s proximity to Canada makes immigration a key issue for the state.

In the June 28, 2024, presidential debate in Atlanta, immigration took center stage as President Joe Biden and GOP nominee Donald Trump clashed over their approaches. Biden defended his administration's handling of immigration, highlighting a bipartisan Senate border security deal that ultimately failed due to Republican opposition. He emphasized the White House's role in creating the agreement and touted his leadership as a reason for reelection.

Trump criticized Biden's handling of the southern border, claiming that legislative changes weren’t needed to control immigration. He pointed to his own administration's actions, including the “Remain in Mexico” policy, which Biden rolled back. Trump dismissed Biden's recent executive order tightening asylum procedures as “insignificant.”

Trump also linked immigration to crime, referencing the murder of Georgia nursing student Laken Riley by an undocumented immigrant, blaming Biden's policies for the tragedy. However, Biden countered, condemning Trump’s former "zero-tolerance" policy that separated families at the border.

The debate highlighted Trump’s promise of mass deportations if reelected, though he offered no specific details. Biden, meanwhile, cited a 40% decrease in border encounters following his administration's actions, as noted by Homeland Security Secretary Alejandro Mayorkas. The two candidates’ starkly different visions on immigration policy underscored its prominence in the 2024 race.

President Biden has offered help to undocumented spouses of U.S. citizens, in the most consequential act of immigration relief in more than a decade.

On June 30, 2024, President Biden introduced a significant immigration policy, offering relief to undocumented spouses of U.S. citizens, marking the most important reform in over a decade. The U.S. immigration system, notorious for its complexity and inefficiencies, has not seen major reform in 34 years, leading to overwhelming backlogs and bureaucratic hurdles. One particularly difficult situation affects the 1.1 million undocumented individuals married to U.S. citizens.

Contrary to what one might expect, securing legal status for these spouses is not straightforward. Those who entered the U.S. illegally must leave the country to attend a visa interview abroad. However, if they’ve been undocumented for over a year, a law from the 1990s bars them from re-entering the U.S. for up to ten years. This law can leave them stranded outside the country, separated from their families.

A waiver allows them to stay in the U.S. if they can prove that their absence would cause “extreme hardship” to their family. Yet, the waiver process, plagued by delays, now takes an average of three and a half years. Biden’s move aims to alleviate this burden, offering hope to families caught in a web of immigration red tape.

On June 28, 2024, the Supreme Court of the United States (SCOTUS) overturned the longstanding “Chevron” doctrine in a 6-3 decision in the Loper Bright and Relentless cases. Although unrelated to immigration law, this ruling has significant implications for immigration cases. Kelli Stump, President of the American Immigration Lawyers Association (AILA), emphasized that the overturning of Chevron will impact how federal courts handle immigration cases.

Previously, courts deferred to federal agencies’ interpretations of immigration laws, such as the Immigration and Nationality Act (INA). With the new ruling, agencies’ interpretations no longer automatically prevail, potentially offering immigrants and their employers more opportunities to challenge decisions. This could affect various cases, including those involving removal, as well as employers seeking favorable outcomes for H-1B or L visa applications.

However, Stump also noted potential downsides. The ruling limits the executive branch’s ability to update immigration policies through regulations, which could threaten some immigration benefits if they are not grounded in statutory language. Stump urged Congress to take action and work toward bipartisan immigration reforms that address today’s realities.

In "Resilient Voices: Aurora’s Journey from Undocumented Youth to Immigration Advocate," Oprah Cunningham interviews Aurora, a young woman from Texas who shares her experiences growing up undocumented. Aurora describes how she only learned about her undocumented status in high school when she realized she couldn't apply to college or jobs without a Social Security number. This revelation brought feelings of isolation and fear, especially living in a mixed-status family.

Aurora discusses the difficulties of living undocumented in Texas, a state with conflicting views on immigration. Despite her hopes, DACA (Deferred Action for Childhood Arrivals) provided no relief, leaving her in a state of limbo. However, her involvement with United We Dream helped her find community, strength, and a sense of purpose in advocating for immigrant rights.

Through activism, Aurora now uses social media to raise awareness about immigration laws like SB4 and share resources with her community. Despite setbacks, she remains hopeful and resilient, encouraging other undocumented youth to let their challenges motivate them. Aurora emphasizes the importance of staying connected with the community, advocating for change, and maintaining mental health. She concludes by expressing her belief in the power of immigrant communities to create a movement for a better future. Aurora’s story underscores the strength and determination of undocumented immigrants.

The Supreme Court’s decision in Department of State v. Munoz dismissed the notion that U.S. citizens have a constitutional right to live with their noncitizen spouses in the U.S. The case revolved around the denial of a marriage-based immigrant visa for Mr. Asencio-Cordero, a Salvadoran citizen married to Ms. Munoz, a U.S. citizen. After his visa was denied, the couple sued, but the district court upheld the denial, citing consular nonreviewability—meaning courts cannot review visa decisions.

The Ninth Circuit, however, ruled in favor of the couple, stating that the government failed to meet due process requirements because crucial information regarding the denial was disclosed too late. The Supreme Court reversed this decision, siding with the government and reaffirming consular nonreviewability.

In its June 2024 decision, the Supreme Court concluded that U.S. citizens have no protected liberty interest in their noncitizen spouse’s visa application. Justice Barrett wrote the majority opinion, while Justices Kagan, Sotomayor, and Jackson dissented, emphasizing the negative impact on citizens’ right to marry.

Although the Munoz ruling limits judicial review of visa denials, the case does not mark the end of such challenges. The "Mandel standard" still offers potential for legal challenges if a visa denial lacks a “facially legitimate and bona fide reason.” Legal avenues, such as challenges under the Administrative Procedure Act, may also remain open in some jurisdictions.aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

Immigration is a key issue in the U.S., and in Hawaii, it plays a vital role in the state's economy. One in five residents were born outside the U.S., and they significantly contribute to industries like agriculture, healthcare, and tourism. A 2021 study revealed that Hawaii’s foreign-born population adds about $18 billion annually to the state’s GDP.

Immigrants fill essential roles in many sectors. For example, they make up 70% of housekeepers, half of the cooks, and half of the nursing assistants in Hawaii. According to Amy Agbayani, a Filipino immigrant and community advocate, if immigrants stopped working, many hospitals would struggle to operate.

Hawaii’s history of immigration spans centuries, from Polynesian settlers to plantation workers from Japan, China, and the Philippines. Today, immigrants continue to arrive as students, professionals, and workers in vital industries.

Despite the rising anti-immigrant rhetoric, especially during election periods, Hawaii remains relatively welcoming. Ruben Juarez, a Mexican immigrant and economics professor at UHERO, points out that immigrants often stay in Hawaii because they love the islands. Contrary to popular belief, immigrants contribute positively to the community—they cause less crime and use fewer government resources than native-born citizens, making them a valuable investment for the state’s economy.

A yearlong research project by the Columbus City Council and Ohio State College of Social Work highlights the importance of fostering a sense of belonging for immigrant communities. The study revealed that successful integration and quality of life for new Americans depend on their sense of belonging, rather than just access to integration opportunities.

Arati Maleku, lead researcher and associate professor at Ohio State, emphasized that this critical aspect of belonging has often been overlooked in policy discussions. She urged policymakers to use the findings to better support Columbus’ growing immigrant population.

Columbus, Ohio's fastest-growing metro area, saw a significant rise in international immigrants, who accounted for over half of the population growth between 2020 and 2023. About 10% of the city's population is now foreign-born. The research suggests that municipalities focusing on creating inclusive environments can help immigrant communities thrive and feel more at home.