Author: Angelica Pardo

The Biden administration announced a new asylum rule to improve and expedite the process for immigrants subject to expedited removal. The new policy is scheduled to take effect in August. 

For their part, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) indicated that the new rule “will ensure that those who are eligible for asylum receive relief quickly, and those who are not, are quickly removed.” 

In addition, this rule authorizes asylum officers at U.S. Citizenship and Immigration Services (USCIS), who evaluate each case presented at the border, “to consider asylum applications from persons subject to expedited removal who claim fear of persecution or torture, and pass the required credible fear assessment.” 

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Following a lawsuit filed by the states of Arizona, Montana, and Ohio, alleging that the government violated the law by modifying and establishing deportation priorities for undocumented immigrants with outstanding removal orders, District Judge Michael Newman suspended the deportation priorities and ordered the government to carry out pending removals. He further stated that the federal government does not have the authority to modify laws regarding the capture and deportation of foreigners that the U.S. Congress has enacted through due legislative process. 

This blocks Section 2 of the memorandum issued by the Secretary of the Department of Homeland Security (DHS) on September 30, 2021, which establishes new deportation priorities. 

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A recent report published by the Office of the Inspector General of the Department of Homeland Security revealed the critical conditions in which more than 170 undocumented immigrants are being held at the Torrance County Detention Facility (ICE) immigration detention center, located in Estancia, New Mexico.  

• Among the findings published in the report are the following. 
• Unhygienic conditions in housing units for detainees. 
• Faucet problems in toilets and taps. 
• Lack of water. 
• Mold. 
• Blind spots. 
• Staff shortage 
• Inter alia. 

For this reason, the coalition of civil rights organizations and lawyers demanded that the Department of Homeland Security (DHS) release all immigrants detained at this detention center and close it down. 

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In June, some US immigration service offices are scheduled to reopen to resume serving the public after being closed for more than two years due to the COVID-19 pandemic. 

It should be noted that not all offices or services will be open to the public, as some health and safety measures will remain in place "to continue keeping the workforce and applicants safe during the pandemic." Additionally, U.S. Citizenship and Immigration Services (USCIS) explained that asylum offices "will automatically reschedule appointments that were canceled during the temporary closures.". 

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Next April, Democrats will make one last attempt to pass immigration reform, as President Joe Biden's proposed reform seems to be stalled in the Senate. In March of last year, two bipartisan bills were passed in the House of Representatives, which included a path to citizenship for some 7 million undocumented immigrants, but failed to pass due to a tie in the Senate vote. 

Since the Democrats lacked the support of the opposition, they used the legislative tool known as the reconciliation package to pass the spending package, which also lacks Republican votes. However, to make immigration reform a reality, the social spending law must first be passed and then an immigration amendment included.

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Unaccompanied migrant children attempting to enter the United States will have the opportunity to apply for asylum, thanks to a new guideline announced by health authorities. 

Following a public health assessment, the director of the Centers for Disease Control and Prevention (CDC) canceled the Title 42 restriction on unaccompanied non-citizen children that prevented their entry into the country, and who were being deported under this public health policy. 

This court decision was made after a federal judge ruled in a lawsuit filed by the state of Texas that the Centers for Disease Control and Prevention had not explained why children who 

Those traveling alone were exempt from Title 42, and the government was given a week to appeal. This is why the CDC lifted the order for these exceptional cases.

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Following the current conflict between Russia and Ukraine, the United States Department of Homeland Security announced Temporary Protected Status (TPS) for Ukrainians to apply for, thus preventing the deportation of those who are in American territory and allowing them to obtain a permit to work and reside. 

Individuals eligible for TPS under this designation must have resided continuously in the United States before March 1, 2022. Individuals who entered after this date will not be eligible, and the designation will be for 18 months. 

Furthermore, according to the Migration Policy Institute, it is estimated that there are approximately 30,000 Ukrainian citizens in the U.S. with temporary visas or without legal status who could qualify for TPS. 

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According to a survey published by the National Opinion Research Center, the University of Chicago, and AmeriSpeak, conducted by The Associated Press and Univision, 151% of the Hispanic population in the United States believe that undocumented immigrants “should be designated as criminals” and be “deported to their countries of origin,” while 62% of those surveyed said that “they should be allowed to remain in the country and be able to obtain U.S. citizenship, but only if they meet “certain” requirements and pay a “fine.”. 

On the other hand, for the 55% Latinos, there is “no difference” between the current and previous administrations regarding concerns about being detained and/or deported from the United States, which demonstrates a negative perception of the current administration's immigration policy, after seeing no progress on immigration policy issues during President Joe Biden's 13 months in office.

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