During the last few weeks, the United States has quietly transferred Venezuelan migrants to Colombia.
According to two national security officials, President Joe Biden's administration has expelled Venezuelans from the U.S. who were detained at the border with Mexico and is sending them to Colombia, as part of an administration strategy to try to stem the flow of migrants.
It should be noted that the flights on which they were transported were not previously reported, and in December the United States Customs and Border Protection office registered more than 13,000 single adults from Venezuela at the southern border of North America.
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A lawsuit has been filed against Immigration and Customs Enforcement (ICE) over the surveillance programs it uses to monitor immigrants. The lawsuit demands that ICE disclose how it uses the information it collects. A group of immigrant rights organizations sued the government for the lack of transparency in the Alternative Detention (ATD) program. This program releases immigrants on bail, wearing ankle monitors while awaiting their hearings, or providing them with a mobile phone from which they must report periodically and through which they receive instructions on what to do during their immigration proceedings. The complaint alleges that this system allows them to be constantly monitored via the GPS on their mobile devices. The plaintiffs allege that Immigration and Customs Enforcement, an agency of the Department of Homeland Security (DHS), does not publish data about the information it collects from immigrants under the ATD and there is no oversight of the agency for the handling of the collected information. The Alternative to Detention Program consists of a set of laws, regulations, policies, or formal or informal practices that allow the government to release people—or not detain them—for reasons related to their immigration status in the United States. The lawsuit was filed by the following pro-migrant organizations: Mijente Support Committee, Just Futures Law, and Community Justice Exchange. They are suing ICE to obtain information about the data the federal agency collects on immigrants who were previously processed and then released under the Alternative to Detention Program. They resorted to this legal action because, in September of last year, the group filed a Freedom of Information Act (FOIA) request with a series of questions related to the ATD program, and to this day, they have not received a response. For this reason, they filed the lawsuit to obtain transparency regarding ATD information held by the federal government. The main objective of the lawsuit is to find out what ATD does, what information it has, and how ICE stores and uses all the collected information. ICE says that in the ATD program, run by the Enforcement and Removal Operations (ERO) Unit, it uses technology and case management protocols to “monitor compliance” of non-citizens (undocumented immigrants) with final removal orders or conditional release while their immigration cases are pending. However, it's not just about data and information; the lawsuit aims to go further and clearly demonstrate what's happening with this project. Some of the concerns expressed by the plaintiffs include: "The lack of transparency from the government regarding the program," Jacinta Gonzalez, lead campaign director for Mijente, told Univision News. Speaking to the Daily News, the activist also said that "ICE has aggressively expanded its electronic incarceration program in recent years, largely without oversight or public debate.". According to ICE data, enrollment in the ATD program has increased over the years. In January, there were more than 182,600 people enrolled in the program, 60,000 more than during the previous six months. In February, ICE said it was preparing a pilot plan to extend ATD with the aim of favoring foreigners seeking asylum, a legal benefit available, who do not pose a risk to public or national security. ATD's growth plan emerged shortly after a record backlog of cases in the Executive Office for Immigration Review (EOIR) was revealed in January, reaching 1.6 million, according to a report by the Transactional Records Access and Information Center (TRAC) at Syracuse University in New York. The backlog currently exceeds 1.7 million. The government says the program's objective is to reduce the number of foreigners in detention centers run by both U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), and in doing so, fulfill one of the president's campaign promises to end profiting from immigrants in detention centers run by private companies. However, the plaintiffs question the government's stated intention to profit. "The data shows that ATDs have increased, as has the amount of money involved and the number of people placed under surveillance," says González. In turn, ICE's surveillance program is run by BI Inc., a subsidiary of GEO Group, the company that operates most of ICE's detention centers in the country. GEO Group monitors more than 200,000 migrants using electronic ankle bracelets, at least 26,000 using a voice recognition system, and approximately 26,000 foreigners using facial recognition technology known as Smartlink, according to agency data. The plaintiffs allege that there is insufficient data to know what BI does with the data of the thousands of non-citizens placed in the program, and that is why the lawsuit is being filed, so that there is transparency, because people should know what information the government has in its hands, and what it does with it; furthermore, it prevents profiting from the data and finally ensures that the information can only be used for the purposes for which it was collected.
News report based on information from: Univision News
US border authorities detained more than 210,000 migrants attempting to cross the border with Mexico in March, the highest monthly total in two decades and underscoring the challenges ahead for US President Joe Biden. Biden, a Democrat who took office in January 2021, pledged to reverse many of the immigration policies of his Republican predecessor, former President Donald Trump, but has struggled both operationally and politically with the high number of crossing attempts. The total for March represents a 241,000 increase compared to the same month last year, when 169,000 migrants were apprehended at the border. This also marks the third time the number of migrants apprehended has exceeded 200,000 during his administration. These figures could be a prelude to what lies ahead with the expiration of Title 42 on May 23. It's important to remember that the termination of this Title, which allows for the mass expulsion of hundreds of migrants to prevent the spread of COVID-19, is based on the recommendation of health officials. Similarly, according to the data presented, 221,303 immigrants were processed last month, surpassing the previous peak under the Biden administration in July 2021, when US officials recorded 213,593 encounters with migrants. On the other hand, although more than half of the migrants encountered at the U.S.-Mexico border in recent months come from traditional countries of origin—Mexico, Guatemala, Honduras, and El Salvador—increasing numbers of migrants are arriving from distant places like Ukraine and Russia. U.S. authorities are preparing for up to 18,000 encounters with migrants per day in the coming weeks. Finally, the more than 210,000 migrants detained in March, a figure made public in a court filing Friday night, is the highest monthly total recorded since February 2000, according to statistics from U.S. Customs and Border Protection (CBP). Note compiled with information from: LaRazon.es and UNIVISION
A bus carrying a dozen undocumented asylum seekers arrived in Washington on Wednesday, sent by Texas Governor Greg Abbott, a Republican.
Abbott announced last week that he would send undocumented immigrants to Washington, D.C., in anticipation of the Biden administration's imminent repeal of Title 42. This title had prevented most immigrants from entering the United States to seek asylum for more than two years due to the pandemic. Its official end is scheduled for May 23.
So far, there are records of two buses coming from Texas, which transported a dozen migrants from Venezuela, Nicaragua, Cuba and Colombia, who arrived again at Union Station, just as the first group did on Wednesday morning.
Catholic Charities DC had people at Union Station Wednesday morning when migrants were dropped off to receive assistance, according to Kate Kennedy, the organization's communications director. The organization provides a range of services, including food assistance and medical care, among other social services in the Washington, D.C., metropolitan area.
On the other hand, although Abbott called these people "illegal migrants," the White House reported that they are people who are processing their asylum application in the United States and are therefore "free" to move around the country.
It is important to note that once an immigrant is processed by federal authorities and released from custody, they are allowed to move freely throughout the country while awaiting immigration court proceedings. An immigration judge will ultimately decide whether they are allowed to remain in the United States or be deported.
The United States Citizenship and Immigration Services (USCIS) announced that people who previously received DACA can now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.
“Expanding online filing is a priority for USCIS as we make our operations more efficient and effective for the agency and our applicants,” said USCIS Director Ur M. Jaddou.
Currently, the online filing option is only available to individuals who have previously been granted DACA. These individuals must also file Form I-765, Application for Employment Authorization, which is available online, and upload Form I-765WS, which is evidence of their DACA application.
However, people applying for DACA for the first time cannot access this benefit; they must submit Form I-821D in paper format.
With the addition of Form I-821D, people can now file 13 USCIS forms online, which can be found on the Forms Available for Online Filing page.
It is important to note that, in order to submit these forms online, applicants must first create a USCIS online account, which provides a convenient and secure method for submitting forms, paying fees, and tracking the status of any pending immigration application with USCIS throughout the adjudication process.
Creating this account is free of charge; on the contrary, the benefits outweigh the costs, as it provides the ability to communicate with the agency through a secure inbox and respond online to requests for evidence.
According to the immigration agency, since the launch of online filing in 2017, the total number of forms submitted online has increased significantly. In fiscal year 2021, approximately 1,210,700 petitions and applications were filed online, a 2.3% increase over the 1,184,000 filed in fiscal year 2020.
Eleven people who resided in California were charged for their connection to the management of a large-scale marriage fraud "agency" that allegedly arranged hundreds of sham marriages to adjust immigration status, the Justice Department reported.
The indictment states that these individuals operated an “agency” that arranged hundreds of sham marriages between foreign “clients” and U.S. citizens. As part of the scheme, U.S. citizens were recruited to marry the agency’s clients in exchange for an upfront fee and monthly payments until after the marriage, to keep the U.S. citizens receptive and cooperative until the agency’s client obtained legal status.
The agency allegedly prepared and submitted false petitions, applications, and other documents to corroborate fraudulent marriages and secure adjustment of clients' immigration statuses for a fee of between $20,000 and $30,000 in cash.
One of those captured was Marcialito Biol Benítez, alias “Mars”, who along with his accomplices helped some clients, generally those whose spouses did not respond or cooperate, to obtain residency cards under the Violence Against Women Act (VAWA) by claiming that the undocumented clients had been abused by alleged American spouses.
“Marriage fraud is a serious crime that threatens the integrity of our nation’s legal immigration system,” said U.S. Attorney Rachael S. Rollins. “These defendants” alleged exploitation of this system for profit is an affront to our nation’s tradition of welcoming immigrants and prospective citizens. Their alleged fraudulent behavior makes things difficult for the vast majority of immigrants who follow the law and respect our immigration system. Beyond that, by allegedly filing false applications claiming domestic abuse, these defendants caused further harm, this time to real victims and survivors of domestic violence.”.
The charges allege that the defendants arranged fraudulent marriages and submitted false immigration documents for at least 400 clients between October 2016 and March 2022. The charge of conspiracy to commit marriage fraud carries a sentence of up to five years in prison, three years of supervised release, and a fine of $250,000.
Joseph R. Bonavolonta, special agent in charge of the Federal Bureau of Investigation (FBI) in Boston, said: “We believe that their alleged scheme violated current immigration laws that serve to protect public safety and created a disadvantage for those seeking to obtain their citizenship legally.”.
Among the eleven defendants, six were of Filipino nationality, resided in the state of California, and one was Brazilian.
Information taken from: El Tiempo Latino, Department of Justice and United States Attorney's Office.
The United States Citizenship and Immigration Services (USCIS) announced yesterday, April 7, that it will waive mandatory interviews for some conditional permanent residents who have filed a petition to remove their conditional status.
In the interview, these types of residents who are married to US citizens must prove to the USCIS officer that their marriage is real and not for obtaining an immigration benefit.
According to the updated policy, USCIS may waive the interview requirement if an agency officer determines that there is sufficient evidence of the good faith of the marriage, no indication of fraud, misrepresentation in supporting documents, and no criminal record, among other considerations.
The new criteria will guide officials in determining when to exempt permanent residents who filed an I-751 petition to have conditions on their residency removed from interviews.
Meanwhile, USCIS Director Ur M. Jaddou, the first woman to hold the position, said in a statement that this update "is consistent with the agency's priorities to break down barriers in the immigration system and eliminate undue burdens for those seeking benefits.".
Currently, the wait time for I-751 applications is 22 to 36 months, and according to agency data, more than 166,000 applications were filed in 2017.
Several changes are taking place in Joe Biden's government, thereby relaxing the rule imposed by the government of then-President Donald Trump in 2018, which proclaimed that all those who obtained conditional permanent residence for being spouses of US citizens and who have filed an application to have their conditional status withdrawn must attend a personal interview with USCIS.
Information taken from: EFE News
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In May, Customs and Border Protection expects an increase in migrants.
The Biden administration is preparing for a new wave of migrants arriving across the United States' land borders, primarily the southern border, after the controversial Title 42 expires in May.
Blas Nuñez-Neto, Deputy Assistant Secretary for Border Policy and Immigration at the U.S. Department of Homeland Security, spoke about the issue on RCN Mundo and explained how the Biden administration is preparing to face the change:
«Our department will send officers, agents, and volunteer personnel to the border in the coming weeks; we have already redeployed more than 600 Border Patrol agents and are prepared to send more if needed,» Nuñez-Neto said. There is also talk of adding technological tools such as drones and building infrastructure to process more people safely and respectfully.
With respect to deportations agreed upon with other governments, the United States' efforts will now focus on investing in the development of migrants' countries of origin to improve their conditions there and, consequently, prevent their attempts to migrate.
In the United States, there is division over the end of Title 42. Weeks ago, the Democratic leader in the Senate, Chuck Schumer, called the application of that regulation "terrible and inhumane" and said he was "deeply disappointed" that Biden continued to use it.
In contrast, the Republican Party considered the lifting of Title 42 to be "a disastrous decision that will open the floodgates" of migration in the United States.
Finally, there are still weeks to go before the completion of Title 42 and the possible changes that may occur in the political and social environment are unknown.
Information taken from: RCN Mundo and Debate.
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The United States will repeal Title 42, a mechanism it has used since 2020 to massively expel more than 1.7 million migrants at its border with Mexico.
The U.S. Centers for Disease Control and Prevention (CDC) issued a statement on Friday, April 1, announcing that Title 42, the tool used to carry out mass expulsions at the U.S.-Mexico southern border, will be repealed on May 23. Implemented in March 2020 by the Trump administration, the measure allows U.S. authorities to expel asylum seekers without giving them the opportunity to present their case. Minors and some families are exempt.
The CDC authorities have officially announced the end of this measure in a statement indicating that the arrival of migrants to US territory no longer compromises the health emergency situation derived from Covid-19, due to the greater availability of means to combat the virus such as vaccines and treatments.
The Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, emphasized in a statement that Title 42 is a resource to protect public health, not to discourage immigration. He added that this mechanism was implemented by the CDC "to protect against the spread of a contagious disease," such as COVID-19.
Starting May 23, undocumented migrants arriving at the U.S. southern border will be investigated under Title 8, the previous and common law under which the U.S. carries out deportations. According to the White House, migrants without a “legal basis” to remain in the country will be deported.
Following the decision by U.S. health authorities, a significant surge of migrants is expected at the border during the spring and summer months. Last week, DHS officials confirmed that approximately 7,100 migrants were arriving daily, a figure higher than that recorded in February. Border officials anticipate that arrivals could peak at 18,000 per day in the coming months and weeks. DHS Director Alejandro Maryokas stated on Friday that his agency had a strategy in place to "manage any potential increase in migrants.".
The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced the availability of 35,000 H2-B visas for the fiscal year 2022 quota, in response to pressure from employers and business groups affected by the shortage of workers due to the pandemic and low wages.
According to the Department of Homeland Security, this joint temporary final rule aims to reserve these visas for U.S. employers seeking to hire additional workers from April 1, 2022, through September 30 of this year. This will help support U.S. businesses and expand legal pathways for workers seeking to come to the United States, Secretary Alejandro Mayorkas stated.
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