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Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

This Week in Immigration

Week of May 22–31, 2022

From the archive. A record of the week of May 22–31, 2022. Rules and figures quoted here reflect that week; several have changed since.

POLITICO-Harvard poll: Majority of Americans support continued migrant expulsions under Title 42

The majority of Americans oppose the Biden administration's decision to end a public health order used to expel migrants at the U.S. border, according to a new POLITICO-Harvard survey, underscoring how a law designed to stop the spread of disease is now widely seen as the best way to control immigration. The survey found that 55% of American adults oppose ending the use of the order, known as Title 42, to prevent migrants from entering the U.S., compared to 45% who think the order should end. The findings come as a Louisiana judge issued a preliminary injunction on Friday blocking the administration from ending the order on Monday, which would have allowed thousands of migrants arriving at the U.S. border each day to enter the immigration system and apply for asylum for the first time in over two years.

ICE uses cellphones to track thousands in San Diego, Imperial counties

The use of SmartLINK, a smartphone technology that uses biometric information to track immigrants in the United States who are under watch by U.S. Immigration and Custom Enforcement (ICE), is growing rapidly, according to an investigation by the news outlet inewsource. SmartLINK, which was launched in 2018, allows individuals to await their court proceedings at home rather than in an ICE detention centre. It has grown in use in San Diego and Imperial counties from two dozen to over 5,000 in less than three years, while privacy experts are concerned about the lack of transparency in the data that is being collected and shared by the program. Critics have accused ICE of expanding its reach in the lives of immigrants, with “an extension of the violent and massive detention system”.

‘Position of privilege’: Trip abroad widens perspective on immigration issues

A group of students from the College of William & Mary went on a study-abroad trip to Spain and Gibraltar where they learned how other countries regulate their borders. Giselle Figueroa, one of the participants, said crossing borders is easy for Americans but difficult for others. As the daughter of Mexican immigrants, she thought of the struggles her parents and grandparents went through to get into the US. Figueroa was one of four students who are first-generation children of Latin American immigrants raised in the US. They talked to natives of Spain, Gibraltar and nearby Morocco and learned about the difficulties immigrants faced in those areas. Another participant, Astrid Garcia Giron, said her desire for a closer exploration of cultures and racial issues in other countries was fulfilled by the trip.

Tampa Bay immigrants get some relief from new federal work rule

The US Citizenship and Immigration Services (USCIS) has extended certain work permits for up to 540 days from the expiration date, helping noncitizens with pending permit renewal applications to avoid gaps in employment. The USCIS backlog of applications has grown from 5.7 million at the end of 2019 to about 9.5 million in February, largely due to the pandemic, a budget shortfall, and a lack of staff. The new rule, which took effect on 4 May, applies to certain applicants who were already eligible for an automatic extension and who submitted their I-765 renewal application on time. The USCIS plans to revert to 180-day automatic extensions after 26 October 2023. Tampa immigration attorney Paul Palacios noted that while the automatic extension is a "little consolation", thousands of applicants have already lost their jobs and may not be able to return to them.

Overview of the immigration system

The UK Home Office has released the latest immigration statistics, covering the year ending March 2022. The figures show that the number of visas granted for work and study in the UK has risen. In particular, the number of study visas granted rose 34% from the previous year, while work visas rose by 19%. Additionally, there has been a decline in the number of people entering the UK illegally, and an increase in those being removed or voluntarily departing the country. The statistics also show a decrease in the number of asylum applications made in the UK. The Home Office states that the statistics form part of a wider plan to use administrative data to provide evidence on migration, and that they will be used to inform policy and planning for future migration.

Australia frees Sri Lankan family detained for 4 years in immigration debate

The Australian government has announced that the Murugappan family, a Sri Lankan family who have been detained by immigration authorities since 2018, will be granted new visas and be permitted to return to their home in the Australian town of Biloela. The family’s asylum application was rejected and their visas expired, leading to their detention by the Australian Border Force. The family has claimed that they cannot safely return to Sri Lanka due to the father’s previous participation in a “militant separatist” group during the Sri Lankan Civil War. While Australia’s previous administration rejected these claims, the family’s deportation was delayed by a lengthy court battle and multiple court orders. The family will now be able to return to their home on bridging visas, which will enable them to legally live in Australia while they apply for permanent residency.

More details emerge on proposed immigration intake facility at Cherokee Industrial Park

Cherokee Nation Management & Consulting Services has been identified by the US Department of the Interior as the only company capable of building a facility to accommodate an anticipated increase in unaccompanied minors seeking asylum. The company is now set to appear before the Tulsa County Board of Adjustment to request a use variance to the zoning code. According to the document, the facility could serve up to 2,000 unaccompanied minors, although Cherokee Nation Businesses (CNB), which owns the management and consulting services firm, has said that the number of children served will be subject to change. The initial contract will be for six months, with two three-month renewal options, before a competitive contracting process to hire organisations to provide emergency intake services at multiple sites throughout the country is initiated.

Legault pledges to demand more control from Ottawa over immigration to Quebec

Quebec Premier François Legault has said he will campaign for more immigration powers for Quebec in the run-up to the province's October 3 election. He wants Quebec to be able to determine much of the half of immigrants the federal government is responsible for admitting, except refugees, in order to prioritize French-speaking foreigners. Legault said this is a question of the survival of French in the province, citing the example of Louisiana, once predominantly French-speaking but now predominantly English-speaking. Legault also highlighted the passing of Bills 21, which outlaws civil servants in positions of authority from wearing religious garb or symbols, and 96, which overhauls the Charter of the French language, as wins for his government. However, critics argue that such policies are aimed at appealing to his voter base and that they create a two-tiered immigration system.

High-Profile Refugee Family to be Released from Immigration Detention in Australia

Australia's new Labor government has granted bridging visas to a Tamil family that has spent four years in detention, but experts suggest that the country’s tough border and detention policies will remain in place. The Nadesalingam family had sought asylum in Australia in 2012 and 2013, respectively, before marrying and having two children born in the country. Despite living in the town of Biloela, 600km north of Brisbane, the family’s refugee claims were rejected by the Australian government and they were taken into custody in 2018 by border force agents. The Labor government plans to alter some immigration policies of its predecessor, but Operation Sovereign Borders, which allows the navy to intercept boats carrying migrants into Australian waters, and a mandatory detention policy, are expected to remain in place.

Productivity Commission urges government to act strategically on immigration

The Productivity Commission has recommended that New Zealand's government publish a policy statement on the country's capacity to settle more people, as part of 24 proposals to improve the country's long-term immigration settings. The recommendations included discontinuing issuing new permanent resident visas for new residents and requiring them to renew their visas every six years. The report also called for eligibility for renewal to include residence time and other measures of commitment, such as investment and family living in New Zealand. In addition, the Commission suggested speeding up processing and increasing the certainty of visa status for highly productive and highly paid workers. The Commission also recommended the government partner with Māori to reflect Te Tiriti o Waitangi in settlement policy and introduce the concept of the country's capacity to absorb immigrants when setting objectives for immigration policy.