Week of November 21–27, 2021

Nearly 100 House Democrats are urging the Senate to include immigration protections in President Joe Biden's social spending and climate bill, known as the Build Back Better Act. The letter, led by Rep. Alexandria Ocasio-Cortez, calls for a pathway to citizenship for undocumented individuals, including Dreamers, TPS holders, farm workers, and essential workers. The House version of the bill includes temporary work and deportation protections through a parole program, but these provisions are under review by the Senate parliamentarian. The parliamentarian has already rejected attempts to include a pathway to citizenship in the bill. Advocates argue that this may be the last opportunity for years to advance immigration reform and emphasize the urgency of delivering on citizenship promises. If approved, the House provision would grant work authorization to approximately 6.5 million undocumented people and provide five years of work and deportation protections, renewable until 2031. Immigration advocacy groups express disappointment with the House's limitations and call on the Senate to push for a pathway to citizenship.

US immigration advocates express dissatisfaction with President Joe Biden's $1.75 trillion spending plan, arguing that it does not go far enough in providing a pathway to citizenship for undocumented immigrants. The plan, included in the Build Back Better Act (BBB), offers a temporary parole status to approximately 6.8 million undocumented immigrants who have been living in the US since before 2011. Advocates emphasize that parole is not a permanent solution and falls short of the promised comprehensive immigration reform. Republicans oppose any form of status for undocumented migrants, viewing it as an incentive for further migration. Democratic legislators have urged Senate leaders to reinstate a pathway to citizenship in the reconciliation bill, but passage in the Senate remains challenging due to Republican opposition and the need for every Democrat's support.

A U.S. citizen, Brian Bukle, has filed a lawsuit alleging that he was wrongfully held in immigration detention for over a month by the U.S. government. Bukle, who was born in the British Virgin Islands but derived his citizenship when he was 9 years old, was transferred to immigration custody after completing a prison sentence for assault and firearm possession. Despite repeatedly asserting his citizenship, immigration agents refused to release him. It was only after an attorney intervened and verified his citizenship that he was released. The lawsuit highlights concerns about the reliability of databases used by U.S. officials to determine deportation eligibility, particularly for individuals who acquired citizenship through their parents at a young age. Bukle seeks unspecified damages and continues to suffer from anxiety and depression as a result of the ordeal.

Under the Biden administration's more lenient approach to illegal immigration, immigration courts have seen a significant decrease in deportation orders. Over the final three months of the last fiscal year, judges issued deportation directives in less than a third of cases, compared to 80% under the Trump administration. This shift is attributed to the administration's expansion of "prosecutorial discretion," resulting in increased cooperation between Homeland Security's lawyers and migrants, leading to record rates of case dismissals or terminations. This more relaxed approach raises concerns as it coincides with a surge in border crossings and could incentivize further illegal immigration. The strain on the immigration court system is evident, with a backlog of 1.4 million pending cases and the lowest number of completed cases in over 25 years. The decrease in deportations and emphasis on completing cases has raised questions about the administration's priorities in addressing illegal immigration.

Net immigration to the United Kingdom dropped by nearly 90% in 2020, reaching its lowest level since 1993, according to the Office for National Statistics (ONS). The COVID-19 pandemic and Brexit were cited as the main factors behind the decline. The provisional estimate reveals that 34,000 more individuals moved to the UK than emigrated last year, compared to 271,000 in 2019. Concerns about unrestricted immigration from the European Union played a significant role in the Brexit referendum. The pandemic severely impacted data collection on migration, as traditional methods like passenger surveys at airports and ports were suspended. The provisional data, based on statistical modeling, is subject to revision. The ONS estimates that net emigration for non-British EU nationals alone was approximately 94,000.

Pro-immigration groups have repeatedly warned that the Federation for American Immigration Reform lobbying group, and a program known as 287(g), which empowers state and local law enforcement officers to act with federal authority in questioning, reporting and detaining undocumented immigrants, enabled hard-line sheriffs to target undocumented immigrants leading peaceful lives, reports The Washington Post. The program is operated by U.S. Immigration and Customs Enforcement (ICE), who insist that it would focus only on serious criminals, but that the Trump administration aggressively used to recruit local law enforcement partners and court sheriffs who championed similar views on immigration policy.

Under Trump, the number of partners in 287(g) and a related program quadrupled, from about 35 in 2017 to more than 140 earlier this year. About 15 are sheriffs who have been publicly linked to FAIR, which has been described by pro-immigration groups and others as an anti-immigrant organization. The process has separated families and created bureaucratic, legal and financial challenges for those detained or deported. During Trump’s first year in office, the number of immigrants taken into ICE custody under the 287(g) program averaged more than 680 a month, up from about 300 a month in 2016. Biden promised during his campaign to “end the Trump administration’s historic use of 287(g),” but no plan has been announced. The administration has laid out new enforcement priorities that will likely lead to far fewer deportations under the program and others. ICE has hailed the 287(g) program as a “force multiplier,” a critical alliance to root out those deemed eligible for deportation.

In a letter, the founder of a statewide organization representing businesses in Arizona has urged Senators Kyrsten Sinema and Mark Kelly to support pathways to citizenship for undocumented immigrants in the Build Back Better agenda. The author highlights the positive impact of legalization and citizenship on Arizona's economy, small businesses, entrepreneurship, and addressing the critical labor shortage. Public opinion has shifted towards supporting pathways to citizenship, as reflected in a recent bipartisan poll. Arizona is currently facing a severe labor shortage in various sectors, and providing permanent status for undocumented workers is seen as an urgent solution. Legalization and citizenship are projected to boost economic activity and increase tax revenues. Additionally, Arizona benefits from a significant number of immigrant entrepreneurs and the economic contributions of undocumented immigrants. The author emphasizes that inclusivity and welcoming all people strengthen Arizona.

Bureaucratic delays in renewing work permits are causing thousands of immigrants in the United States to lose their jobs. The backlog, which is affecting an estimated 1.4 million work permit applications, has left employers with no choice but to terminate workers, exacerbating the existing labor shortage. The delays are disrupting businesses across various industries and hindering their ability to find qualified replacements. Immigrants seeking political asylum are among those impacted, with many experiencing financial strain and uncertainty. Advocacy groups have filed a lawsuit challenging the delays in renewing work authorizations for asylum seekers. The U.S. Citizenship and Immigration Services (USCIS) acknowledges the problem and is working to address it, but the agency is also dealing with overwhelmed resources due to its efforts to provide work permits to Afghan evacuees. The situation has left many immigrants living in constant fear and uncertainty about their future.

he Maui County Council is considering a bill that would authorize an agreement between local police and federal immigration and customs officials. The proposal would allow Maui police officers to be designated as customs officers and receive training in the use of body cameras. Some immigration attorneys and Maui residents have raised concerns, fearing that the agreement could lead to the enforcement of immigration laws and create fear and distrust in the community. However, proponents of the bill argue that it is about providing resources for fighting crime, such as investigating child exploitation and drug trafficking. The Maui Police Department maintains that the agreement is not related to immigration enforcement and that it has already been working with federal immigration officials on certain cases. The County Council is urged to address community concerns and provide reassurances if the agreement moves forward.

Dr. Chandra Ojha, an interventional cardiologist and immigrant from India, shares his personal experience and the impact of the expiration of the EB-5 Regional Center Program on his immigration status and ability to contribute to the community. The program allowed foreign investors to gain permanent residency by investing in projects that create jobs. Dr. Ojha's I-526 petition was approved after a long wait, but the program's failure to be reauthorized by the US Senate left him and many others in uncertainty. With his immigration status in flux, he has been restricted in his ability to work and help the community, especially during the COVID-19 pandemic. The expiration of the program also affects $15 billion in capital investment and puts 500,000 American jobs at risk. Dr. Ojha urges the government to find a swift solution to reauthorize the program and provide clarity for immigrants like him.