Week of October 22–31, 2022

The first group of Venezuelan migrants sponsored by US-based individuals under a new Biden administration policy to deter illegal border crossings arrived in the US over the weekend. Four Venezuelans approved to come to the US under the private sponsorship program arrived Saturday on flights originating from Mexico, Guatemala, and Peru. Hundreds of additional Venezuelans have also been approved to book their travel to the US, where they will be granted humanitarian parole, a temporary quasi-status that will allow them to work and live in the US legally for at least two years. The sponsorship process for Venezuelan migrants was announced last week as part of a strategy to discourage Venezuelans from crossing the US southern border illegally. The large-scale expulsions of Venezuelans to Mexico are a stark departure from the fortunes of Venezuelan migrants who reached the US before the policy took effect.

Immigration remains a top issue among Latino voters in the upcoming midterm elections, with views on legal and illegal immigration varying greatly. While many Latino voters support a more "humane treatment" of migrants and creating a pathway to citizenship for the undocumented, others believe there needs to be more border security. Polls show the majority of Hispanics align with Democrats on immigration, but the GOP has recently made significant gains, even while escalating the anti-immigrant rhetoric popularized by former President Donald Trump. Latinos, who make up more than 30 million of the country’s registered voters, could tilt the scales in major contests across battleground states. Younger voters argue the recent rise in anti-immigrant sentiment is tied to nationwide demographic change, which they say is a positive development more politicians should embrace.

Protests and a strike related to the government's decision to postpone the national census are causing mobility disruptions and service interruptions in various cities in Bolivia, which may lead to processing delays for immigration-related applications for foreign nationals and employers due to reduced staff and office hours. Road closures and reduced staff could cause delays for travelers at airports while entering La Paz or Santa Cruz, and lengthy transfer times to and from airports. Until the situation normalizes, Fragomen is working with impacted clients on a case-by-case basis.

Arizonans will vote in November on whether to provide in-state college tuition for noncitizen students, reversing a 2006 measure that barred illegal immigrants from in-state tuition, financial aid, and other resources. Proposition 308 would make in-state tuition rates available to all students in Arizona, regardless of immigration status, provided they attended school in Arizona for at least two years and have graduated from a public, private or homeschool. The measure could lead to more college graduates in the state and help ease labor shortages, according to the American Immigration Council. The Republican Party of Arizona opposes the measure, arguing it unfairly rewards illegal immigration. The issue of immigration has been a major issue in this year's Senate election in Arizona, with the number of noncitizens arrested while attempting to enter the US illegally surging since President Joe Biden took office in January 2021. Arizona has a long history of tough immigration laws, including 2010's Senate Bill 1070.

Two boats carrying over 1,300 migrants sent out a distress signal from between Italy and Malta, with one reporting that an engine had stopped working and a person had died. The charity hotline Alarm Phone alerted the Italian and Maltese authorities, but as of midnight on 25 October, no rescue operation had taken place. The Italian prime minister, Giorgia Meloni, has taken a hardline approach to illegal immigration, proposing a naval blockade and setting up “hotspots” in Africa to identify those eligible for migration. Her new Interior Minister, Matteo Piantedosi, has indicated that he may stop charity ships from bringing rescued migrants to Italy. On 27 October, the 1,300 migrants were finally rescued by Italian authorities following operations that continued throughout the night.

Immigration expert, Michael Hirsh, argues in Foreign Policy that America's antiquated immigration system has left 1.4 million immigrants on temporary visas, waiting for green cards that will give them permanent residence and a path to citizenship. It is estimated that over 200,000 people may die before ever receiving their green card. Furthermore, more than 80% of those in the backlog are from India. US universities have seen a rise in foreign students, making up 74% of graduate electrical engineering students, 72% of computer and information science students, and half or more students in pharmaceutical sciences, mathematics, and statistics. The obstacles thrown up by the immigration system are growing economic and national security risks to the US. Hirsh highlights the human cost of America's immigration backlog, telling the Kafkaesque horrors of how the US mistreats its immigrants.

Many immigrants seeking asylum in the United States face a difficult legal system and are often placed in immigration detention facilities, where they struggle to communicate with their lawyers. A new lawsuit argues that the system is "Kafkaesque" and makes it all but impossible for immigrants in detention to access legal representation, putting their lives and families at risk. Immigrants in detention facilities are more than ten-and-a-half times more likely to succeed in their cases if they have access to legal representation. However, unlike in criminal proceedings, immigrants must hire and pay for their own lawyer or find a pro bono attorney. The facilities are often located in rural areas far from lawyers, family members, and translators. Many facilities lack private meeting spaces for attorneys and interpreters are not provided, making it difficult to communicate. The Biden administration has been urged to address these issues to prevent further harm.

Over 130 advocacy groups, including the National Immigration Project, plan to send a letter to President Joe Biden calling for pardons for undocumented immigrants who were incarcerated and deported on cannabis charges. The National Immigration Project said that the presidential pardon, which pardons only individuals who are lawful permanent residents, "really should be much more actively ensuring that immigrants are not left out of initiatives like this." The organizations plan to call for the inclusion of refugees, asylum seekers and visa holders with marijuana convictions. The letter follows the advocates' 2021 call for a legislative remedy for the 48,000 immigrants who were deported for federal marijuana possession between 2003 and 2020. Immigration laws specify that controlled substance offense grounds of deportation cannot be waived by pardons. The advocates are pushing for the New Way Forward Act, which would remove legislative barriers that currently prevent Black and brown communities from receiving pardon

Farmers in Lancaster County, Pennsylvania are urging Congress to pass immigration reform to ease the worker shortage in the agriculture industry. They need migrant workers to keep their farms running and feed Americans. Farmers want year-round growers and producers, which describes most farms, to have access to the H2-A farmworker programme used by seasonal growers and producers. The farmers say a seasonal visa isn't enough, and they need long-term workers. They suggest a three- or five-year programme would be more appropriate. Many farm owners want the US Senate to pass the Farm Workforce Modernization Act that passed the House twice, including with support from 40 Republicans. They hope the lame-duck Congress will pass the bill after the election and before a new Congress is sworn in in January.

The US Department of Justice (DOJ) has reached a settlement agreement with the Giant Company, trading as Giant Food, a grocery store chain, for violating the Immigration and Nationality Act (INA) by discriminating against non-US citizens who were checking their permission to work in the country. Giant Food routinely required non-US citizens to provide specific documentation to prove they were legally permitted to work, violating the anti-discrimination provision of the INA. Under the settlement, the company will pay a civil penalty, revise its employment policies, and be subject to DOJ monitoring for three years. The worker who complained about the company was also provided with the pay missed due to the alleged discrimination. The DOJ’s Immigrant and Employee Rights Section is responsible for enforcing the INA’s anti-discrimination provision.

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