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Tag: #Biden

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Immigration falls into a 70% with the end of Title 42

According to figures from the Department of Homeland Security (DHS), since May 11, with the end of Title 42, more than 38,400 people have been repatriated, including citizens of Cuba, Venezuela, Haiti and Nicaragua who were returned to Mexico under Title 8.

On the other hand, Republicans claim that instead of a "decrease" in the arrival of migrants, what is currently happening is an evasion in the way the figures of migrants crossing the USA irregularly are presented, or at least that is what Clay Higgins, a representative of the House, argues.

According to agents, in the days leading up to the end of Title 42, encounters with migrants attempting to cross reached 10,000 per day, so the Title 8 rule has generated significant relief, in addition to Mexico's help in accepting migrants deported from the USA.

With Title 8, the Biden administration seeks to control irregular immigration for migrants, and open legal possibilities for some, through processes such as: Humanitarian Parole, CBP ONE for Political Asylum and Family Reunification (Not Yet Regulated).

23,000 people have entered the USA since May 12 with Humanitarian Parole, a program that allows Venezuelans, Haitians, Cubans and Nicaraguans to stay in the USA for 2 years.

On the other hand, at the ports of entry, the asylum applications of 1,070 people who scheduled an appointment to present their case through the CBP One application were processed.

Some argue that the current decline is a “fragile balance” that may “be affected in the future” because “the factors in our hemisphere that are driving the historical movement of people still exist, and that traffickers use misinformation to encourage migration.”.

Sources: San Diego Union Tribune and Voice of America

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New Family Reunification Parole for Colombians, Guatemalans, Hondurans, and Salvadorans in the United States

The State Department (DOS) and the Department of Homeland Security (DHS) announced on Thursday a new regional immigration strategy from the Biden administration, a plan that aims to promote legal immigration to the United States, reduce pressure on the southern border with Mexico, and increase penalties for undocumented immigration.

This new policy seeks to control a massive exodus of migrants that could trigger the lifting of Title 42 on May 11, a policy that was implemented to stop the spread of COVID-19, but which has been used by the Trump and Biden administration to expedite the expulsion of immigrants at the border, affecting more than 2.2 million in 3 years.

The goal of this new policy is to reduce the opportunities for undocumented immigrants and create new pathways through Advance Parole* for El Salvador, Guatemala, Honduras, and Colombia. *Advance Parole is a document issued by USCIS (United States Citizenship and Immigration Services) that allows you to legally leave the U.S. This document is for certain immigrants who intend to travel and do not want to jeopardize their immigration status.

Lifting Title 42 will not give free rein to migrants who wish to enter illegally across the border, as they will continue to use Title 8 to expedite the deportation of inadmissible aliens, especially those who enter irregularly across the US border.

Those who do not follow the established rules will face serious consequences, including a re-entry ban of at least 5 years and possible criminal prosecution for repeated attempts to enter the USA illegally.

Those eligible for family reunification will receive parole in the USA, as well as the possibility of applying for a work permit.

At AsisVisa, we can advise you on family reunification processes, as well as on Humanitarian Parole applications. To do so, we need to schedule a consultation with our lawyer to review your case and determine the best course of action.

Source: Univision, Telemundo and Caracol.

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Student debt relief plan in the USA

A new proposal from the Biden administration would reduce payments for millions of people who took out student loans, and could cancel up to $1,442,000 of the debt depending on the outcome of the U.S. Supreme Court hearing scheduled for March 28.

The debt forgiveness plan announced in August would cancel $10,000 in federal student loan debt for those earning less than $125,000 or households with less than $250,000 in annual income. Pell Grant recipients* would receive an additional $10,000 of forgiven debt. *Pell Grants are a key federal aid program that helps students from low-income families pay for college.

The Biden administration argues that the Student Higher Education Aid Opportunities Act, better known as the Heroes Act, gives the executive branch the power to cancel federal student loan debt in the event of a national emergency, including the COVID-19 pandemic.*

This law, originally enacted after the terrorist attack of September 11, 2001, was intended to prevent service members from being worse off financially while fighting in wars in Afghanistan and Iraq.

The lawsuit was filed by six Republican-led states that say they would be financially harmed if the debt forgiveness program goes into effect. The other case was filed by two students in Texas who do not fully qualify for debt forgiveness under the program.

Whether or not the debt is canceled will bring changes, as determined by the court's decision. While federal student loan payments are currently suspended, this will end 60 days after the case is resolved. If the case is not resolved by June 30, payments will resume 60 days after that date.

The White House says 26 million people have applied for debt relief, and 16 million have already received it. The Congressional Budget Office has said the program will cost approximately $1.4 trillion over the next three decades.

It is not clear exactly when the Supreme Court will issue its decision, but justices normally publish their rulings at the end of the current term, which is usually in late June or early July.

Sources: CNN en Español, Telemundo 52

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Political games have left Dreamers uncertain.

More than 590,000 dreamers are once again facing uncertainty due to a request from 9 Republican-led states to end the Deferred Action for Childhood Arrivals (DACA) program.

Many of those affected see this request as a legal threat against the program, which since 2012 has protected from deportation more than half a million dreamers, who arrived in the country irregularly as children and are seeking temporary status to live and work in the USA, as reported by CBS News.

Dreamers have pressured Joe Biden to fulfill his commitment to provide them with a path to citizenship (since there is currently no such path) through comprehensive immigration reform, which he had promised to implement within his first 100 days in office.

Many of the hopeful promises that could be seen at the beginning of the Biden administration under his government program are fading more and more each day for the more than 11 million undocumented immigrants in the United States and the immigration challenges that keep coming.

This new lawsuit, led by 9 Republican states*, is the third lawsuit against DACA expected to reach the Court.
The lawsuit argues that the program is illegal and seeks to overturn it. Furthermore, it hopes that this request will abolish the program's renewal process, which allows applications every two years.

The uncertainty for thousands of migrants covered by the DACA program continues, and is further compounded by the fear of other migrants who have not yet been able to join the program due to an amendment issued by Judge Andrew Hanen, declaring DACA illegal.

No dates have yet been set for the next hearings, nor for the issuance of their final sentence, which has left almost 700 dreamers in legal limbo.

Source: Telemundo, CNN

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The United States, Mexico, and Canada seek to curb illegal crossings

The United States, Mexico, and Canada are using a digital platform to require migrants to check their eligibility for any programs before beginning their journey to the border, so they can receive travel authorization. Otherwise, they will be immediately deported from all three countries.

This new strategy, described as the latest in a series of North American efforts, comes at a time of unprecedented movement in the Western Hemisphere and is designed to combat the root causes of irregular migration, defined as the flight of thousands of people from their countries of origin due to poverty, lack of opportunities, violence, drug trafficking, government corruption, and the effects of climate change, among other reasons.

SMOKESCREEN?
The reality of immigration in the United States has faced changing patterns that pose unique challenges for Joe Biden; however, many question whether this measure will be yet another of the many soft policies that have NOT contributed to controlling the immigration crisis and HAVE generated strong criticism among Republicans and Democrats.

TO COVER THE SUN WITH ONE FINGER
One of the main points of the agreement was the announcement of the creation of this digital site with access to information regarding legal pathways available to emigrate to the three countries, an initiative that the USA has been using since last year to receive immigrants from Ukraine and Venezuela, and for the last few weeks to Cubans, Haitians and Nicaraguans.

IT WAS TIME TO REACH AN AGREEMENT
Through this plan, they seek to implement “practical steps to improve coordination and address the root causes of irregular migration” in the region, which has reached an unprecedented level of migration, with migrants fleeing their countries in search of asylum, primarily at the southern border of the United States.*

*The agreements include the opening of a migrant center in Tapachula on the southern border of the United States.

IT WAS TOO MUCH FOR BIDEN
Many believe that the immigration issue has gotten out of President Joe Biden's control, which is why he is seeking, through this alliance with Mexico and Canada, to stop the flow of migrants from the main source countries such as Venezuela, Nicaragua, Cuba, and El Salvador.

MEANWHILE?
During this summit, Mexico, the US, and Canada strengthened their relationship and affirmed their commitment to building a more equitable, fair, inclusive, resilient, secure, and prosperous North America.
Now, we can only wait to see how much of what was discussed at this summit can be put into practice to achieve more equitable results that respond to the needs and aspirations of migrants.

Do you think this digital platform will work for such an advanced migration problem?

FOUNTAIN: Editorial Staff/With information from Univision/CNN

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Even without Title 42, they will continue to deport

Title 42 is a 1944 law that Trump recently used to expel immigrants from the US. This law empowers the federal government to take extraordinary measures to prevent the introduction of easily transmissible diseases into the country. Trump used this legislation to expel thousands of immigrants under the pretext of COVID-19.

After a long legal battle between Democrats and Republicans over the legality of this policy, Title 42 will expire this Wednesday, December 21. This represents a victory for the Democrats, but leaves a bitter taste for the immigration system.

With the end of Title 42, we return to Title 8, regulations that are more rigid and strict than 42. Under these regulations, people who enter irregularly must be interviewed by a border agent and demonstrate a "credible fear" of returning to their country
of origin.

The penalties for those who have entered the country illegally on repeated occasions are more severe. Furthermore, the situation is unclear for individuals who were removed under Title 42 and are now attempting to enter under Title 8, since removal under Title 42 is based on public health concerns, while removal under Title 8 is based on admissibility or inadmissibility under immigration law.

In other words, this means that deportations under Title 42 did not take into account a person's merits for remaining in the U.S. Therefore, the government could deport people to Mexico and make them wait there for their hearing, regardless of whether or not they had a strong asylum case. This discouraged many people from crossing irregularly.

With the end of this policy, the door is opened for thousands of immigrants to attempt to enter irregularly starting Wednesday. This is for two reasons: first, there is no mechanism to deport anyone who fails the credible fear interview; and second, those who were deported under Title 42 have not been deported under Title 8, which has a different standard.

Faced with the surge of migrants waiting to cross the border, the Biden team claimed to have increased resources for the area, improved application processing, imposed penalties for illegal entry, and targeted smugglers. Even so, the issue of immigration is a ticking time bomb that could explode at any moment.

News report compiled from: CNN and San Diego Union Tribune

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Permanent Residence for Low-Income Migrants

In the year 2021 United States Citizenship and Immigration Services (USCIS) received an estimated 648,000 green card applications, and during the first half of 2022 the agency registered 280,000 new applications, a figure that is expected to improve with this new regulation that will make it easier for low-income immigrants to become permanent residents of the United States. 

The vast majority of immigrants who come to the USA are in search of a better life and aim to eventually achieve permanent residency, with the purpose of securing their legal future in the United States. 

However, The policies established in the Trump administration would have made the procedures and requirements for obtaining a 'green card' more difficult.’', expanding the number and types of government benefits used by some immigrants, which could make them ineligible for residency. Such as: food stamps, housing subsidies, or Medicaid health insurance.

What will the new measure be like?

Through this new regulation that will come into effect on December 23, 2022 The aim is to examine the situation of each particular case, analyzing the standards that establish when an immigrant is considered an economic burden on the country or a public charge.

An immigrant who falls into the “public charge” category will not be eligible for a Green Card or permanent residency. However, according to new regulations from U.S. Citizenship and Immigration Services (USCIS), The category is restricted to cases where it is “likely” that the migrant “will at some point depend primarily on the Government for their subsistence”.

Points to consider 

This measure Joe Biden's administration It seeks to control and curb the adverse effect that previous regulations had on immigrants. Many of them refused to accept benefits such as food stamps, housing subsidies, and Medicaid health insurance, for which they might have qualified, for fear of not having access to a Green Card that would secure their future in the country.

News written from: Telemundo, Infobae and Semana.

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Deportation priorities, lack of immigration authority

Discussions have been underway since September 2021 the Biden administration's deportation priorities policy, which, They are focused on deporting any immigrant with a criminal record, NOT just any immigrant. that have entered through the border without posing a danger to society.

However, The Supreme Court will review a lawsuit from Texas and Louisiana to stop this policy. at the end of next month. According to Texas and Louisiana, Biden's deportation priorities are unconstitutional and do not follow standard legal procedures under American law.

For now, Biden's policy is blocked by the Court of Appeals, which means that Any immigrant who has entered illegally and does not have papers could be detained and deported.

Democrats believe that Citizenship and Immigration Services officers should assess an immigrant's overall situation and not just detain them for not having papers, but consider their criminal history and make a decision on the case.

What is expected from all this back and forth is that after these midterm elections that will take place this November, political parties can align themselves in favor of immigration reform that contributes to resolving this crisis.

In other words, it is expected that by the end of the year the arguments of both sides will be available and that the Supreme Court justices will decide whether or not to continue with this immigration guide.

News compiled from: Univision and San Diego Union Tribune.

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Migration system collapsed. Are mass deportations coming to the USA?

The lack of coherence in the Biden-Harris administration's immigration policy will begin to take its toll.

According to figures, by the end of April the Immigration Case Review Office (EOIR) had accumulated more than 1.7 million cases and More than 580,000 migrants in a legal limbo without a clear immigration status.

Given the circumstances, the Biden-Harris administration, seeks to decongest the accumulated files accelerating the political asylum processes.

But four months after the first phase was implemented in Texas, and as the government prepares to expand it, experts warn that The rush puts thousands of migrants seeking asylum in the United States at risk.

In other words, with this decision Cases will be pushed through the judicial system at the expense of immigrants' rights.. According to experts*, the timeframes “excessively short” They are not enough for immigrants to gather and present evidence that corroborates their stories and fears. *American Immigration Lawyers Association (AILA) and the American Immigration Council in a report published on the Think Immigration website.

Likewise, it will grant temporary extraordinary powers to asylum officers from the United States Citizenship and Immigration Services (USCIS) to adjudicate these applications defensively, a power that until now only immigration judges had.

What the Biden-Harris administration is proposing in this new program is:

1. People at the border will be placed in expedited deportation and detention by ICE.

2. Credible fear interview, in detention and

3. Asylum Merit Interview (AMI) by USCIS.

Are these measures truly structural solutions for a collapsed and failed system? The lack of a serious and coherent legislative effort by the American Congress will take its toll on all immigrants.

Note compiled from: Univision and Hondudiario

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Biden's new plan seeks to spend $100 billion to address problems in the immigration system

President Joe Biden is seeking, through the new $1.75 trillion social plan presented this Thursday, October 28, to include a $100 billion allocation to reform the immigration system in accordance with the Senate's reconciliation rules.

After having presented two proposals for the social plan, the Democrats are now trying to push through a Plan C, which is expected to grant humanitarian parole status, including work authorization and protection from deportation for certain undocumented immigrants.

According to a statement issued by the White House, the budget would be used to reduce court delays, expand legal representation, and “make the asylum and border processing system more efficient and humane.”

However, Biden did not specify whether the plan will include a path to citizenship for undocumented immigrants, as Democrats had already promised given the impossibility of passing immigration reform due to Republican opposition.

The new social program will be admitted to Congress through the reconciliation process, a legislative mechanism that will allow it to pass despite Republican obstruction. However, Congress requires that the package be limited at the budgetary level, so it must be reviewed by Senate rules advisor Elizabeth McDonough to determine if it can be passed through reconciliation.

The House of Representatives released a preliminary draft of the bill, which includes a provision allowing undocumented immigrants who arrived in the United States by 2010 to apply for legal status. The House bill also includes a provision to reclaim up to 226,000 unused visas.