Week of November 15–21, 2022

US District Judge Emmet G. Sullivan has ruled that the Title 42 policy, which was introduced at the beginning of the COVID-19 pandemic by the Trump administration to allow the Department of Homeland Security to expel migrants back to Mexico or their home countries without allowing them to seek asylum, violates the law. The policy has since been continued by the Biden administration, resulting in 2.5 million summary expulsions since March 2020. Judge Sullivan found that the Centers for Disease Control and Prevention (CDC) had not properly justified the policy nor had it provided sufficient evidence to support the extreme measure of suspending immigration laws. It remains unclear when normal border processing will resume. The American Immigration Council hailed the ruling as an important step towards rebuilding a humanitarian protection system at the border.

An 18-month bipartisan investigation by the US Senate Homeland Security and Governmental Affairs Investigations Subcommittee has found that some women detained at the Irwin County Detention Center in Georgia were subjected to “excessive, invasive, and often unnecessary gynecological procedures”. Dr. Mahendra Amin, a government-contracted physician, was responsible for 93% of all Depo-Provera contraceptive injections given to ICE detainees between 2017 and 2020, as well as 92% of all limited pelvic exams and 82% of all dilation and curettage procedures. The investigation revealed that some women were diagnosed with ovarian cysts and treated with contraceptive shots by Amin, although a later doctor found no evidence of a cyst. The inquiry reviewed over 541,000 pages of records from the detention center, the US government, LaSalle Corrections, and Irwin County Hospital. A whistleblower had reported Amin’s actions, and the Biden administration announced in May 2021 that it would no longer send detainees to the facility.

The Center for Migration Studies in Manhattan, a think tank studying international migration and advocating for policies that protect migrants' rights and dignity, presented the Immigration Achievement Award to the Viola Foundation. The Foundation was founded by a Brooklyn family with Italian-American roots, whose work included endowing the Avery Cardinal Dulles, SJ chair on Catholic theology at Fordham University and creating the Combating Terrorism Center at West Point. The award recognizes the contributions of migrants to American society. Bishop Emeritus Nicholas DiMarzio, a member of the Center's board of trustees, presented the award and praised the Viola family's work. Other awardees at the Center's annual gala included Hiroko Kusuda, a professor and director of Immigration Law at Loyola University New Orleans, Jamie Winders, professor of geography and director of the Autonomous Systems Policy Institute at Syracuse University, and Marla Asis, director of the Scalabrini Migration Center in the Philippines.

Mexican authorities have increased patrols, highway checkpoints, and raids in southern Mexico since the US began expelling Venezuelan migrants last month. The Mexican government has not confirmed whether these measures are related to the US policy change. Small migrant caravans have also been broken up, causing concern among migrants in the southern city of Tapachula. For months, the Mexican government seemed to encourage small groups of migrants to leave Tapachula, to ease the pressure there. However, recent caravans have been small, with authorities breaking up two that left the previous week. Migrants are finding a way to move north, but thousands are waiting for temporary documents at an immigration center in San Pedro Tapanatepec. Many of those waiting are Venezuelan migrants who remain confused about the Biden administration's policy change, which effectively closed the border to them.

Organizations that receive funding from the Texas governor’s office to help at-risk populations are being required to certify that they are not violating immigration laws or risk losing their funding, according to KERA News. A document issued by the Public Safety Office states that the organization must certify that it does not have any policy, procedure or agreement, written or unwritten, that encourages any violations of immigration laws. The organizations must also certify that they are not subject to any policy or practice that encourages shielding from detection of fugitives from justice or illegal aliens. Gloria Aguilera Terry, CEO of the Texas Council on Family Violence, warned that the policy could impede organizations from providing services to all those in need, including those regardless of citizenship status.

New York City's immigration system is struggling to cope with an influx of more than 21,000 migrants since the spring, many of whom are new arrivals bused in from border states. The logjam can have life-altering consequences, including missed deadlines and even deportation orders issued in absentia. The newcomers join a record-high immigration court backlog, with more than 120,000 pending cases in New York City and nearly 2 million across the country as of October, according to data obtained by Syracuse University’s Transactional Records Access Clearinghouse. A recent change in federal border policy slowed the number of asylum-seekers entering the country and consequently being bused north, but it did nothing to fix a system many regard as broken. Another wave of migrants could well be on the way, following a federal judge’s ruling on Tuesday that struck down a Trump-era public health measure that allowed the government to quickly remove migrants who unlawfully cross the U.S.-Mexico border.

Texas Governor Greg Abbott is offering free bus rides to immigrants in detention in his state, which has been described by Philadelphia Mayor Jim Kenney and local advocates as a cruel political stunt aimed at targeting immigrant families who are in the country legally. Abbott says he is taking thousands of immigrants to Chicago, New York, Washington and plans to send buses to Philadelphia. Kenney and local immigrant leaders provided a safe and caring welcome for the 28 immigrant travelers who landed near 30th Street Station on Wednesday, offering food, water, shelter, and medical screenings even as they readied for more arrivals. Some of those who arrived plan to stay permanently. One such person, who gave his name as Juan Carlos, crossed the border without permission from Colombia and is seeking asylum.

Families affected by this week's condominium explosion in Gaithersburg have been confused by a federal immigration law that could disqualify people from residency or citizenship if they accessed certain public assistance programs. Grace Rivera-Oven, the founder of nonprofit group UpCounty Hub and incoming Montgomery County Board of Education member, said that she had to inform multiple families that none of the assistance programs offered in response to the explosion were covered by the federal immigration rule currently causing concern. Families had told her that they were strongly considering not accepting any aid offered by Montgomery County because of their fear it would jeopardize their citizenship under the federal public charge rule. A major cause of confusion was a change to the rule by former President Donald Trump. In 2019, the rule changed to include food and housing assistance programs like SNAP and Section 8 as programs that could be disqualifying. However, President Joe Biden scaled back the Trump-era changes.

The US offers no immigrant visa processing in 67 countries, meaning applicants have to travel long distances to attend a consular interview, according to a report from the Cato Institute. On average, applicants have to travel 669 miles to attend an interview, and in some cases, the distance is far greater. For instance, immigrant visa applicants in Eritrea have to travel 1,158 miles to Nairobia, Kenya for an interview. From 2012 to 2021, the US issued 7,159 immigrant visas to Eritreans. In 24 countries, the US has no consulate or embassy, while in 12 countries, including Iran, Ukraine, and Russia, the US has permanently closed its consulates. The report suggests the US offer virtual interviews and allow immigrant visa applicants to interview at embassies and consulates that only process nonimmigrant visas

Democrats are pushing for legislative protection for undocumented immigrants known as "Dreamers" before Republicans take the House, but GOP senators have little interest. Democrats are keen to find a legislative solution before 2023, but it seems they will need votes from Republicans who don't want to do it. After the Senate passed a comprehensive bill in 2013, the Republican-controlled House never took it up. Senate Democrats have yet to put an immigration bill on the floor, and the two narrower immigration bills the House passed this Congress never advanced across the Capitol. The Republican focus on the border is only likely to increase after a judge last week blocked the use of "Title 42," a Trump-era pandemic border restriction that the Biden administration continued to enforce, sparking Democratic divisions.