Week of March 15–21, 2023

U.S. Senator Catherine Cortez Masto, a Democrat from Nevada, has reintroduced the Fairness for Immigrant Families Act, aimed at addressing issues in the broken immigration system and combating notario fraud. The legislation seeks to bring undocumented immigrants out of the shadows and remove arbitrary barriers that prevent them from adjusting their status. It also aims to protect victims of corrupt immigration practices. Nevada has a high proportion of immigrants, with one in five residents being immigrants and the state having the highest percentage of undocumented residents. The bill has garnered endorsements from various organizations, including UnidosUS and the American Immigration Lawyers Association. Senator Cortez Masto, the first Latina Senator, has been a consistent advocate for immigration reform and has pushed for a path to citizenship for Dreamers, TPS holders, and essential workers.

The New Mexico Senate rejected Senate Bill 172, which aimed to prevent local governments from contracting with Immigration and Customs Enforcement (ICE) to detain individuals seeking asylum in the United States. The bill failed to pass in an 18-20 vote. The three detention facilities in New Mexico that currently hold immigrants awaiting court proceedings are located in Cibola, Otero, and Torrance Counties. Opponents of the bill argued that asylum-seekers were being wrongly portrayed as criminals and that the measure would face legal challenges and harm local economies. Supporters of the bill highlighted concerns about the conditions in the detention facilities and the discretionary nature of detaining asylum-seekers, emphasizing that they do not pose a risk to public safety. The bill's failure means it cannot be considered by the House of Representatives in this session.

California Assemblymember Reggie Jones-Sawyer, a Democrat, has introduced a bill called the Rep for All Immigrants Act, which aims to expand the One California program and remove the exclusion of immigrants convicted of serious or violent felonies from accessing state funds for legal representation during removal proceedings. The One California program currently provides grants to nonprofits for legal services to low-income immigrants facing deportation or family separation. Jones-Sawyer argues that immigrants should have the same rights to representation and due process as everyone else, viewing it as a civil rights issue. The bill is part of California's efforts to stand against anti-immigration policies, including expanding eligibility for state-run health insurance and the earned-income tax credit to more undocumented immigrants. However, opponents question the use of funds for this purpose, considering the state's budget deficit. Advocates argue that denying legal services to individuals convicted of serious crimes creates a two-tiered system of justice.

Illegal immigration in the United States presents a complex and irrational situation. While the country emphasizes its adherence to the rule of law and promises deportation for those entering illegally, the reality is different. Policies are confusing, programs ineffective, migration courts overloaded, and millions of people reside unlawfully with many more attempting entry. Approximately 11 million individuals were estimated to be residing unlawfully in the US in 2022, yet the number of removals conducted by Immigration and Customs Enforcement (ICE) was only around 72,000, a small fraction of the total. Monthly encounters at the US-Mexico border remain at record highs, with a significant number of single adults. The terminology used to describe undocumented individuals has also changed, with the Biden administration replacing "illegal alien" with "undocumented noncitizen." The backlog of asylum seekers has grown dramatically, reaching nearly 1.6 million individuals at the beginning of 2023, with only a small percentage granted protection. The issue of illegal immigration is expected to have significant political implications in the 2024 presidential election and is impacting the nation as a whole.

A key Florida Senate panel has approved a measure aimed at expanding Governor Ron DeSantis' crackdown on illegal immigration, sparking opposition from critics who view it as an attack on the state's migrant community. The proposed measure, known as SB 1718, includes provisions such as imposing stricter sanctions on businesses hiring undocumented immigrants, permitting random audits of businesses for compliance, increasing penalties for human smuggling, prohibiting local governments from funding ID card programs for undocumented immigrants, and refusing to recognize driver's licenses issued to undocumented immigrants in other states. The bill would also require hospitals receiving Medicaid reimbursements to track spending on undocumented immigrants in emergency rooms and repeal a 2014 law allowing undocumented immigrants to practice law in Florida. Opponents argue that the bill criminalizes ordinary individuals, potentially putting landlords, lawyers, and religious leaders at risk. They further contend that the requirement to collect hospital data could discourage undocumented immigrants from seeking necessary healthcare.

The article highlights the work of the American Civic Association (ACA) in helping immigrants and refugees integrate into the local community while preserving their cultural heritage. The ACA offers various services, including immigration assistance, citizenship classes, and law clinics. In 2019, the ACA collaborated with Binghamton University's Human Rights Institute (HRI) to create an immigration internship program, which has since expanded to a year-round opportunity. The program, funded by grants from the Stephen David Ross University and Community Projects Fund, allows students to work at the ACA and assist clients with immigration processes. Leticia Fabene, an intern and student at Binghamton University, helps clients with documentation and forms, drawing on her personal connection as the child of Brazilian immigrants. The ACA interns have been instrumental in submitting applications, enrolling individuals in citizenship classes, and organizing community events. The partnership between the ACA and Binghamton University aims to promote social justice and address historical injustices.

The Government of Canada has introduced new immigration measures to support Turkish and Syrian temporary residents who are unable to return home due to the earthquakes in the region. Effective March 29, 2023, Turkish and Syrian nationals already in Canada can apply for an extension of their status free of charge to continue studying, working, or visiting family. An open work permit pathway will also be available for them. The requirement to hold a passport or travel document for permanent residence applicants from the affected regions will be waived. Additionally, fees for temporary passports, limited-validity passports, emergency travel documents, Canadian citizenship certificates, and permanent resident travel documents will be waived for Canadian citizens and permanent residents from Turkey and Syria. These measures aim to facilitate the stay of Turkish and Syrian nationals in Canada and prioritize the processing of applications from those affected by the earthquakes.

The article discusses President Biden's immigration policies and the recent proposal to make the majority of current asylum-seekers ineligible. The author argues that Biden has not changed course from his predecessor's policies and is trying to secure the country's values as a nation of immigrants. The article highlights a court decision that deemed Biden's parole and Alternatives to Detention (ATD) practice unlawful, criticizing the release of over a million aliens into the country. The regulation being criticized aims to reduce illegal crossings by establishing a presumption of asylum ineligibility for migrants who don't apply for asylum in countries they pass through before entering the United States. The article suggests that Biden is also creating lawful ways for migrants to enter the country, such as the humanitarian parole program for migrants from specific countries. The reduction in detention space and the release of undocumented migrants are blamed for the surge in illegal crossings during Biden's presidency. The author argues that Biden can increase detention capacity and suspend the admission of migrants without entry documents to address the border crisis.

The proposed increase in U.S. visa fees has received significant opposition, with nearly 7,000 comments submitted during the public comment period. The fee increase, unveiled by the Biden administration, would result in higher application fees for most categories of immigration to the United States. This includes substantial increases in fees for employment-based visas and family-based immigrant applications. Critics argue that the proposed fees place an additional burden on families already struggling financially and exacerbate the challenges faced by low-income applicants. Furthermore, there are concerns about the backlog of pending immigration cases and the lack of services provided despite the fees. Immigration officials argue that the fee increases are necessary to cover operational costs, reduce backlogs, and hire more staff. The proposed rule aims to balance fee increases with fee waivers for low-income and vulnerable populations, while also introducing fee exemptions for certain humanitarian programs.

Several state attorneys general have filed a lawsuit seeking to end parole programs for individuals from Cuba, Haiti, Nicaragua, and Venezuela, which have proven to be highly effective in reducing illegal entry into the United States. The parole programs, announced by the Biden administration in January 2023, provide legal pathways for up to 30,000 individuals per month to enter the U.S. with a sponsor. Border Patrol data demonstrates a significant decline in encounters with individuals from these countries since the implementation of the programs. Critics of the lawsuit argue that ending the parole programs would eliminate a successful immigration enforcement policy and increase the dangers faced by those seeking protection in the United States. The attorneys general claim that the parole programs are unlawful, but their lawsuit may face challenges as it involves an agreement with Mexico.