Immigration in the News 2/7/2021
Immigration Day lands with a thud, Mayorkas confirmed at DHS, new DREAM Act legislation introduced
Commentary
We are trying something a little new this week, as you can see! With the flood of immigration-related news coming fast and furious for the foreseeable future we hoping that a digest-like format with the week’s big stories will help some of our readers keep up. Feedback is welcome, and the presentation will probably change over the next few weeks as we decide what works and what doesn’t. We will also be continuing to publish our long-form pieces periodically and we have some new contributors lined up for deep dives on topics like refugee admissions coming soon.
So, this was a very busy week in the U.S. immigration world. After some early setbacks it seems the Biden administration is finally getting its footing and the cabinet confirmations are continuing apace. Mayorkas is unpacking his things at his new office at DHS, and it’s likely he will be in quite a hurry to put his mark on an agency that has seen a lot of dysfunction over the last four years (or arguably since its inception).
Biden’s “Immigration Day” did not meet expectations for many in the advocacy community, though the grumbling is somewhat muted by the general goodwill he has carried with him into office. How long will the halo effect last? Probably not longer than the first 100 days, after which a major policy victory (Dream Act?) will be needed to sustain enthusiasm and support.
Another story that flew under the radar this week was the revelation that Cuccinelli (in his role as “Senior Official Performing the Duties of…”) worked with the union representing ICE employees to grant a very expansive bargaining agreement essentially giving them veto power over many aspects of immigration policy. A conservative politician orchestrating one of the most pro-labor federal employee union contracts in government history? Further proof that immigration policy and right-wing politics lead to some strange bedfellows.
There are also some comments below regarding specific stories of interest or recommendations. Going forward if there are any stories you would like to see featured here please reach out via email at immiwonk@gmail.com or shoot us a DM on Twitter at @immiwonk. Thanks for reading!
Big Topics this Week:
Immigration Day
Dream Act 2021
Undocumented Immigrants
Department of Homeland Security/Department of State
Refugee and Asylum Policy
The New Yorker has a long piece this week on Biden and Immigration reform which is worth reading. Like most New Yorker feature articles it is long on anecdotes, personal stories, and background but short on specific policy predictions or expert analysis. Nevertheless, it’s a good catch-up on the immigration debate for those who have been overwhelmed by the constant changes over the last few years.
The Race to Dismantle Trump’s Immigration Policies
The Presidency of Donald Trump may be defined, in part, by his assaults on the immigration system, many of which are well known. During his first full week in office, he banned travel from seven Muslim-majority countries, and temporarily blocked all refugee resettlement. Months later, he rescinded Deferred Action for Childhood Arrivals (daca), which sheltered hundreds of thousands of undocumented youths from deportation. His Administration also separated nearly five thousand children from their parents and guardians at the southern border, hundreds of whom have still not been reunited.
During Biden’s campaign, he promised to end the Migrant Protection Protocols on his first day in office, noting that migrants in Mexican border towns face “a horrifying ecosystem of violence and exploitation.” He has now asked for time to sort out what to do. D.H.S. has announced the end of new enrollments in the program, but has not resolved what will happen to the thousands who remain stranded. Some of Biden’s advisers fear the political consequences of having thousands of asylum seekers coming into the country after Biden’s Inauguration, particularly amid the pandemic.
Immigration Day
Consistent with our character as a Nation of opportunity and of welcome, it is essential to ensure that our laws and policies encourage full participation by immigrants, including refugees, in our civic life; that immigration processes and other benefits are delivered effectively and efficiently; and that the Federal Government eliminates sources of fear and other barriers that prevent immigrants from accessing government services available to them.
White House says it needs time to put in place a 'moral', 'humane' immigration process
Psaki said there are estimates of between 600 to 700 children that are still separated from their parents and the task force will assess what the accurate number is and determine the best approach to reunite them with their family members.
Biden signs executive orders on family separation and asylum
President Joe Biden on Tuesday signed executive orders to launch a long-awaited task force to reunite families separated at the border under the Trump administration, as well as begin a review of a Trump-era program that has forced tens of thousands of people to remain in Mexico while their asylum cases are processed.
Biden moves to reverse Trump immigration policies, too slowly for some
The cautious strategy reflects the tightrope Biden is walking to reverse hardline Trump policies while simultaneously trying to prevent a surge in illegal immigration. Biden opponents could also derail or slow down his agenda with lawsuits if his administration moves too quickly and fails to follow proper procedures.
Mexico has stopped accepting some Central American families ‘expelled’ by U.S. along the border
The Mexican government has stopped taking back Central American families “expelled” at the U.S. border under a Trump-era emergency health order related to the coronavirus, a shift that has prompted U.S. Customs and Border Protection to release more parents and children into the U.S. interior, according to five U.S. officials.
'They dismantle immigration enforcement': Sen. Tom Cotton reacts to new executive orders
"Today the Biden administration suggested foreigners wait to illegally enter the U.S. until it can ready amnesty and non-enforcement programs," Sen. Cotton said. "They dismantle immigration enforcement, invite more illegal aliens to rush our borders, and endanger both the public health and economic recovery of the United States."
Biden Directs Review of Immigration Policies, Seeks to Reduce Unnecessary Barriers
On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs complete review of policies.
President Biden doubles down on immigration agenda, but tech priorities take a backseat
Biden’s immigration reform bill includes some key tech industry priorities, like a provision that makes it easier for foreign-born STEM graduates to remain in the U.S. and another that lifts some per-country limits on worker green cards, which have resulted in years-long backlogs. But the bill prioritizes the pressing needs of undocumented immigrants and precarious programs such as Deferred Action for Childhood Arrivals (DACA) and guest farmworker visas. It also earmarks funds to address upstream causes of migration, like instability in Central American countries.
A Plan B for Immigration Reform
A Plan B for immigration reform should seek the same goals: Legalize or protect as many immigrants as possible until Democrats can secure enough votes in Congress to pass a comprehensive reform bill. This is not the ideal solution, but this is where we are.
Biden’s new orders seem bold. For most immigrants, they don’t change much.
Perhaps these orders remain because the Biden camp buys into their economic or political rationale, or because officials fret about a possible border surge. Biden’s Republican opponents will cast him as an “amnesty and open borders” absolutist no matter what he does, but images of a disorganized border with many arrivals, or commentary about recent immigrants “taking” American jobs, are considered a risk to public support. The administration is, in essence, trying to have it both ways — burnishing its image as a Trump foil and champion of immigrants while quietly leaving in place unprecedented restrictions.
White House reaches out to immigrant advocacy groups that seek urgent action from Biden
Immigrant advocacy groups are urging the Biden administration to move quickly and have been communicating with administration officials behind the scenes to press them on making urgent changes, according to two sources familiar with the discussions. The groups, many of which witnessed the impacts of the Trump administration changes firsthand, were largely sidelined in the previous administration but carry influence among the migrant communities Biden is trying to reach.
Obviously people’s expectations for this admin are sky high when it comes to immigration policy. The general consensus seems to be that things are moving in the right direction, though perhaps not at the speed that matches the urgency felt by many immigrant communities. The model of having the President set the priorities and then let competent officials at the working level carry out the changes is a return to a more normal (functioning) government process.
Dream Act/DACA
Bipartisan pair of senators reintroduces immigration reform bill protecting ‘Dreamers’
The Dream Act would grant some young, undocumented immigrants lawful permanent residence and eventually American citizenship if they meet certain criteria, including graduating from high school or earning a GED; pursuing higher education, working or serving in the military; and passing background checks.
Thousands of Dreamers have applied for DACA since December as Texas court ruling looms
Even if Hanen rules that the program is illegal, the Biden administration will likely appeal, Macedo do Nascimento said. However, it seems less likely that the Supreme Court would rule in favor of the DACA program a second time, given that Trump's appointment of Amy Coney Barrett to replace the late liberal Ruth Bader Ginsburg has made the court more conservative. Coney Barrett was confirmed in October, after the Supreme Court's DACA ruling in June.
Sarah Lawrence College Pushes for Immigration Reform, Praises Recently Introduced Dream Act of 2021
“The last four years have been a time of tremendous adversity for the immigrant community, particularly in light of the multiple attempts to terminate DACA. The Dream Act of 2021 represents the first step to restore certainty into the lives of young adults, students, and other aspiring Americans who want nothing more to be an integral part of the fabric of this country. We urge the Senate to move forward as expeditiously as possible.”
It does feel like a DACA update and a path to residency and citizenship for Dreamers is an attainable policy goal at this moment. After nearly 20 years of failed efforts to move this policy forward it’s understandable that there is still cynicism in the air. The best way to avoid this legal battle around the executive order is simply to get the legislation passed and put this whole issue behind us. It would be best if the legislation also puts in place a process for future child immigrants to gain legal status, or else we will be right back where we are now in a decade or two.
Undocumented Immigrants
Covid relief is vital for undocumented essential workers
Coronavirus does not discriminate based on immigration status, and neither should our public health policies. All frontline workers should have access to vaccinations, including undocumented and uninsured workers. But health equity extends beyond just Covid-19: All essential workers should have access to the health care they need, regardless of immigration status.
Senate passes Cotton's bill blocking future stimulus payments for undocumented immigrants
“Economic Impact Payments were intended to provide a lifeline to Americans struggling to make ends meet during the coronavirus pandemic," said Senator Young. "They were not intended for people who are in our country illegally. Our amendment would ensure that people who break our immigration laws aren’t receiving taxpayer-funded handouts.”
ICE enforcement keeps immigrant mothers from prenatal care
The possibility of deportation and the uncertainty of their futures mark women’s health in so many ways. From the obvious harm of forced hysterectomies, to the mental suffering of PTSD and trauma, these individuals are at the precarious mercy of the private sector firms who run these centres.
Virginia Senate, House pass bills to grant undocumented immigrants in-state financial aid
“I just think it’s so important that all the kids growing up in Charlottesville and across Virginia to know that no matter how they came here or who their families are, that college is ready and waiting for them as they want to take that step when they grow up,” 57th District Delegate Sally Hudson said.
Now, Democratic leaders are taking it a step further, making financial aid more widely available to those undocumented students. “What the bill does is make sure that any student who qualifies for in-state tuition also qualifies for in-state aid,” Hudson said.
What should be the consequences for illegal immigration?
The outcome of the current White House and Congressional negotiations concerning immigration reform and the status of unauthorized migrants is uncertain. However, based on the experience of the recent past under both Republican and Democratic administrations, it appears likely that the outcome, with the possible exception of the Dreamers, will largely be a continuation of the status quo, including the hurried issuance of presidential executive actions.
Surge of unaccompanied minors at border poses challenge for Biden administration
A steep decline in immigration due to COVID-19, worsening conditions in Central American countries and a previous administration that all but closed off the border to immigrants created a "perfect storm" that's now drawing more migrants to the border, said Wendy Young, president of Kids In Need of Defense, an advocacy group for refugee and immigrant children.
Opinion: Trump created a toxic environment for immigrants. Biden must remedy that.
Given trends so far — particularly those declines in childhood immunizations — advocates worry that the “public charge” rule might discourage immigrants from getting themselves or their children vaccinated against covid-19. Which would affect the well-being of not just these immigrant families, of course, but their surrounding communities as well. Some advocates have expressed frustration that the Biden administration hasn’t immediately rescinded the rule. Formal repeal is likely a ways off, assuming the administration goes through the usual (cumbersome, protracted) rulemaking process.
It’s almost a fait accompli that border encounters will spike dramatically this year, which will lead to the usual partisan rancor and demands that the administration do something to effectively deal with the issue. No candidate in this year’s primaries or election season expressed a really visionary plan to address immigrant flows into the United States across the southern border. Biden’s statements on a plan to work with Central American governments on “push factors” is largely a pipe dream hobbled by a somewhat justified skepticism among sending countries that American intervention won’t amount to a serious threat to their sovereignty. Decades of bad faith and broken trust can’t be mended by a generous aid package (though local government officials will be happy to pocket the dough).
DHS and DOS
Senate Confirms Alejandro Mayorkas, First Immigrant And First Latino To Lead DHS
Today, key parts of the Biden administration's immigration agenda were set into motion. The Senate voted to confirm Alejandro Mayorkas, making him the first immigrant and the first Latino to lead the Department of Homeland Security. That puts him in charge of President Biden's immigration policy. Two miles away at the White House, Biden also unveiled a fresh set of executive actions aimed at undoing some of the most controversial immigration policies from the Trump administration. But change is not happening fast enough for some immigrant advocates.
The Story Of How Trump Officials Tried To End H-1B Visas
On H-1B visas, the Trump administration came into office like a lion and exited like a lamb. The administration’s policies inflicted much damage over the past four years, say companies and attorneys. While Donald Trump often said he wanted “merit-based” immigration, the war waged against companies, international students and H-1B visa holders during his administration showed the president and his appointed team had little interest in admitting even the most highly skilled foreign nationals to America.
Excellent article about the nuts and bolts of Trump’s assault on the H1-B. A must read for anyone looking for answers on why this effort was so effective.
Trump Official’s Last-Day Deal With ICE Union Ties Biden’s Hands
Among other things, Mr. Seide’s complaint portrayed the agreements as “effectively giving the union unprecedented veto authority in many areas,” including enhancing its power “to slow and impede agency activities by requiring its express written approval prior to implementing changes in the conditions of employment” for agents.
Opinion: ICE’s union can basically veto any Biden immigration plan — thanks to Ken Cuccinelli
Mr. Cuccinelli, an immigration hard-liner, schemed during the outgoing administration’s final days to fix in place its deportation policies and stymie those of Mr. Biden. A former Republican attorney general of Virginia once fond of bashing Democrats’ pro-labor policies, he signed a deal with the union representing ICE agents and employees that may be among the most pro-labor agreements ever reached by the federal government.
Biden administration prepares to open overflow facility for migrant children
A White House spokesperson said that it's not this administration's policy to expel children apprehended at the border, a departure from the Trump administration's posture. "The Border Patrol will continue to transfer unaccompanied children to the HHS Office of Refugee Resettlement so they may be properly cared for in appropriate shelters, consistent with their best interest," the spokesperson said.
Perfect example of how there are no easy solutions on the unaccompanied minor issue. Any country would be hard pressed to deal with thousands of anonymous minors dropped on their doorstep, but that’s no excuse for how badly it has been handled up until now in the United States. There are models for how to deal with this established by international aid organizations in conflict zones. We should apply those lessons and create an organization that can identify, track, and place these children in a safe, protected environment until they can be matched with relatives or placed in foster care. There is really no room for error here.
He Was Critically Ill in ICE Detention. A Translator May Have Saved His Life.
Lacking the ability to communicate on the most basic level, Carlos had even less control over his immigration process, indeed over the circumstances of his daily life, than detained asylum seekers already have. The period Carlos spent in ICE detention was defined—and determined—by disorientation and isolation.
Why reforming the U.S. approach to deportations could be Biden’s biggest immigration challenge
Hundreds of immigrants have been removed from the country in recent days, according to the Associated Press, which reported that ICE deported 15 people to Jamaica last Thursday, and 269 people to Honduras and Guatemala last Friday. It was not clear how many were deported because they pose a threat to public safety or national security, the two priorities for deportation set forth in the new Biden memo.
International case over border killing accuses high U.S. officials of cover-up plot
Law enforcement officials at all levels of the federal government participated in an illegal cover-up of what happened in the 2010 killing of Anastasio Hernandez Rojas, according to court filings in an international human rights case. Some of those involved have now been promoted to the highest ranks in their agencies, including the chief of U.S. Border Patrol.
Explosive story reported on by Kate Morrissey in the San Diego Union Tribune. While much of the information surrounding this case is not new, the fact that many of the officials have gone on to occupy even higher level positions in the agency is quite chilling and speaks to a culture of impunity.
Court finds immigrant's 925-day detention in Aurora ICE facility 'constitutionally unreasonable'
Guevara said he hopes the Biden Administration will issue clearer guidance for giving meaningful review to detainees' requests for release.
"The immigration system is supposed to be non-punitive. Still, a person can 'do their time' only to get incarcerated indefinitely by the immigration system without the opportunity to even request a bond," he said.
Biden Administration Faces Backlog of 380,000 Waiting to Immigrate
A State Department official said in federal court last month that, as of Dec. 31, more than 380,000 immigrant visa applicants were awaiting a consular interview. Immigration experts said it would take up to a year under normal circumstances to work through that many applications.
COVID-19 causing delays in immigration visas and keeping families apart
While the State Department announced in August 2020 that it would prioritize K-1 visas, Mattson and Puerta say that seven months since applying, they still haven't been told where they stand in the process. They've made several requests to expedite Puerta's application, and all were rejected.
Risking Everything to Come to America on the Open Ocean
Law-enforcement encounters with migrants at sea subsided late in the Obama administration but never stopped, and the authorities say traffic increased anew as boat smuggling became more lucrative in a climate of tighter land-border enforcement under President Trump. The smuggling rings now carry residents from far beyond Mexico, including people from China and Yemen as well as multiple South and Central American countries, who travel to Mexico and seek the services of “coyotes” who arrange illegal trips for fees.
Really enjoyed this deep dive by New York Times Magazine. It supports many immigration advocates’ contention that stricter enforcement just leads to riskier behavior and more danger, both for American enforcement officials and immigrants themselves.
Refugee/Asylum
The long tradition of the United States as a leader in refugee resettlement provides a beacon of hope for persecuted people around the world, promotes stability in regions experiencing conflict, and facilitates international collaboration to address the global refugee crisis. Through the United States Refugee Admissions Program (USRAP), the Federal Government, cooperating with private partners and American citizens in communities across the country, demonstrates the generosity and core values of our Nation, while benefitting from the many contributions that refugees make to our country.
In line with the President’s vision, we have notified the Governments of El Salvador, Guatemala, and Honduras that the United States is taking this action as efforts to establish a cooperative, mutually respectful approach to managing migration across the region begin. Transfers under the U.S.-Guatemala Asylum Cooperative Agreement had been paused since mid-March 2020 due to COVID-19, and the Agreements with El Salvador and Honduras were never implemented.
Biden to Welcome More Refugees, but Far From All Will Get In
Citizenship and Immigration Services was funded for just 235 officers in the refugee corps in the fiscal year that ended on Oct. 1, compared with 352 in 2017, according to budget documents provided to Congress and obtained by The New York Times. Only 136 refugee officers were on staff as of Dec. 15, according to Michael Knowles, the president of AFGE Local 1924, which represents refugee officers.
Biden seeks to restore ‘badly damaged’ refugee resettlement program
But simply increasing the annual cap will not be enough to reopen the valve to actual refugee arrivals on U.S. soil, as the effort will take considerable time and resources, experts and resettlement groups say. Biden signaled a recognition of that in his speech, and said he would ask the State Department to “consult with Congress about making a down payment on that commitment as soon as possible.”
Biden administration to propose significant increase in refugees admitted to US
"Furthermore, the ongoing and changing circumstances of the COVID-19 pandemic, such as the increasing distribution of recently developed COVID-19 vaccines in the United States and increased ability to use testing and other safety measures here and abroad, means that more refugees in the U.S. Refugee Admissions Program (USRAP) are expected to be able to come to the United States in this fiscal year," the report reads.
It doesn’t seem like the U.S. Government has really come to grips with what will be needed to get the refugee program back on track. This will be a multi-year process which will require a complete redesign and re-staffing of both Population and Refugee and Migration (PRM) at the Department of State and the Refugee and Asylum (RAIO) office at USCIS. The number of civil servants that fled these offices during a veritable siege by Trump admin officials was innumerable. That kind of institutional knowledge is not easily replaceable. The same can probably be said for many other important functions of our government.