Immigration Briefs: Recent Episodes

Adam Frank

Immigration For the Rest of Us by Adam Frank

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EAD renewal Autoextensions increased

  • USCIS will be publishing a rule on March 4 that will increase the amount of times that those who have filed a renewal application for their EAD card can work after their current EAD expires and before their new EAD is issued.
  • for those not familiar with this rule, USCIS allows certain Employment Authorization Document (Work permit) holders to continue working for up to 180 days after their current EAD card expires IF they file a renewal application prior to the expiration of the current EAD.
  • Unfortunately, with the lengthy processing times, USCIS has not been able to adjudicate new or renewals for EADs within even 7 or 8 months, and many people have lost their ability to work for months at a time.
  • This new rule now extends their ability to work for upto 540 days - and applies to all renewal cases in which the I-765 application is still pending, even those cases in which the 180 days has already expired.
  • While this still does not help those waiting for their initial EAD, it does, at least provide some relief for those who have long pending renewal applications.
  • The only question is why did this take so long? USCIS could have published this new rule 6 months ago, or 12 months ago and it would have benefited far more people.

More Immigrant Abuse cases

  • A skyrocketing number of migrant teens from Central America are finding their way into the undocumented workforce of the United States. They are doing rigorous, grueling work often meant for adults, like operating heavy machinery in food processing plants. Exploitation by unscrupulous employers and a lack of follow-up by U.S. authorities mean many get trapped in this vast network of under-the-table labor.
  • Many of these teens forgo school to secure full-time jobs. Under the guidance of illegal document brokers, some assume identities that hide their true age from their empfull-time jobs
  • Many undocumented immigrants (adults and teens alike) turn to labor contractors or staffing agencies to find jobs. For instance, this is how many chicken processing plants in the South find workers. Under this arrangement, the plant doesn’t have to worry about whether new workers are authorized to work in this country. chicken processing plants
  • Some employers deliberately and brazenly take advantage of the fact that many of their workers are undocumented, underage, or both. The employers may pay substandard wages, maintain poor working conditions, or demand excessively long work shifts under the assumption that their workers are in no condition to complain to anyone about it.
  • The federal government must remain vigilant with all employers and guarantee that wage and labor laws are vigorously enforced for all workers. HHS should also try to make sure that children are not sent to sponsors who will take advantage of them and follow up more carefully to help fight labor trafficking.
  • https://immigrationimpact.com/2022/02/09/us-employers-smugglers-exploiting-migrant-teens/#.YiTTnC-B1pQ

Jobs and Immigration

  • A couple articles were out recently that touched on this subject and showed the importance of immigration in creating and filling job roles.
  • First, in terms of the current situation in the US, per the report issued by the US Bureau of Lab

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This week we discuss many topics:

  1. USCIS conducts a third H-1B lottery
  2. H-1B holders in US drop to lowest level in a decade
  3. Revisiting the H-4 EAD Lawsuit
    4.  Proclamation suspending entry of those who pose a risk to trasmit Omicron rescinded
  4. Black American Citizen sues ICE over illegal imprisonment
  5. Gov. Gregg Abotts operation Lonestar backfiring
  6. More than 100 Migrant farm workers in the southeast US were freed from a transnational "slavery" ring in Georgia.

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Short Takes:
1. Asylum Rates: https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/asylum-grant-rates-climb-under-biden-trac

  1. Immigration Reform:
    https://americasvoice.org/press_releases/new-polling-75-of-americans-back-immigration-reform-provisions-of-bbb-legislation/

https://americasvoice.org/press_releases/its-been-35-years-since-congress-enacted-legislation-to-legalize-undocumented-immigrants/

  1. Border Enforcement:
    https://immigrationimpact.com/2021/10/26/open-borders-trump-biden/%23.YXqUfRYpAWM

https://immigrationimpact.com/2021/10/29/ice-detention-contact-lawyer/%23.YXyEvhYpAWM#.YZL9qC9OmfA

  1. Lifting of the Travel Ban
    -https://www.npr.org/2021/11/08/1053434232/the-u-s-lifts-the-pandemic-travel-ban-and-opens-the-doors-to-international-visit

  2. India EB-3 Visa Numbers
    https://www.immihelp.com/eb-3-employment-based-greencard-skilled-professional-workers/
    https://immigrationimpact.com/2021/11/05/india-eb-3-applicants-cut-off-dates/

MAIN TOPIC: Employment Authorization Lawsuits
See: AILA website

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New briefs and discussion of the Visa Bulletin

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Quick takes:

  1. Topic 1: US must issue visas during travel ban
    https://www.msn.com/en-in/news/world/us-cannot-stop-issuing-visas-during-travel-bans-federal-judge-rules/ar-AAPdW9V

  2. Topic 2: Senior State Department Officials Resign in Protest of Treatment of Haitian Refugees
    https://americasvoice.org/press_releases/senior-state-department-official-resigns-in-protest-calling-the-deportation-of-haitians-illegal-and-inhumane/?utm_source=feedly&utm_medium=rss&utm_campaign=senior-state-department-official-resigns-in-protest-calling-the-deportation-of-haitians-illegal-and-inhumane

  3. Topic 3: Good article on what the Senate Parliamentarian got wrong in deciding against the immigration provisions in the Reconciliation bill
    https://americasvoice.org/press_releases/how-the-senate-parliamentarian-can-get-to-yes-on-immigration/?utm_source=feedly&utm_medium=rss&utm_campaign=how-the-senate-parliamentarian-can-get-to-yes-on-immigration

  4. Topic 4: Greyhound to pay fine for allowing ICE to board buses
    https://news.yahoo.com/greyhound-pay-2-2-million-232029370.html

  5. Topic 5: Another article on the increasing caseloads at USCIS
    https://thinkimmigration.org/blog/2021/09/29/curbing-entropy-in-my-practice-life-lessons-about-matters-pending-before-the-service/?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Instant

  6. Topic 6: A talk with Charlie Oppenheim

Main Topic: What do we owe Afghan refugees?

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Quick takes:
 A: Trump and aides build GOP opposition to afghan refugees by trying to convince people they are terrorists
B: Parliamentarian says NO to immigration plans in Reconciliation bill
C: Appeals Court allows Biden to set enforcement priorities (no surprise)
D: Biden appeals Texas Court ruling finding DACA is illegal
E: Processing times at USCIS jump over 6x over the last 6 years

Long Discussion:
 We discuss the Congressional Reconcillation bill and the provisions it contains, what has happened so far and what could happen in the future.

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What we look at this week:

  1. Impact of 9-11 on Immigration and Immigration policy
    (see:  https://www.latinousa.org/2021/09/10/9-11-immigration-legacy/; https://www.boundless.com/blog/boundless-report-how-9-11-changed-u-s-immigration-system/; https://www.justsecurity.org/78132/immigration-policy-before-and-after-9-11-from-the-ins-to-dhs-where-did-we-go-wrong/

  2. Lack of options for undocumented immigrants who helped clean up after 9-11
    (See:  https://www.nbcnews.com/news/latino/mostly-latino-crews-cleaned-sept-11-still-seek-residency-rcna1929)

3.  Options other than detention for Immigrants who commit crimes
(See:  https://www.startribune.com/hennepin-sheriff-takes-humane-approach/600096547/; https://www.houstonchronicle.com/news/houston-texas/immigration/article/Is-ICE-detention-necessary-New-report-says-there-16432408.php)

4.  Dissatisfaction of Immigrant Advocates with President Biden
(See: https://www.mediaboss.net/illegal-immigration/immigration-rights-activists-unsatisfied-with-bidens-evolution-on-border-laws-finger-in-the-wind-washington-times.php)

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  1. Population growth and Immigration slowing in the US: https://www.rollcall.com /2021/05/11/immigration-emerges-as-policy-response-to-slowed-us-growth, https://www.amren.com/news/2021/08/decline-in-immigration-threatens-growth-of-regions-on-the-rise, https://www.amren.com/news/2021/08/decline-in-immigration-threatens-growth-of-regions-on-the-rise, https://www.mercatus.org/publications/social-security/how-many-workers-support-one-social-security-retiree

  2. Postdocs having issues re-entering the US: https://thehill.com/opinion/immigration/569954-a-serious-immigration-problem-you-probably-havent-heard-about?rl=1, https://travel.state.gov/content/travel/en/News/visas-news/presidential-proclamation-on-the-suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019.html

  3. Undocumented Immigration slow to get Covid Vaccine: https://www.forbes.com/sites/andyjsemotiuk/2021/09/01/immigrants-slow-to-get-covid-19-vaccine-as-impediments-block-their-access

  4. Green Cards set to go to waste: https://about.bgov.com/news/green-cards-set-to-go-to-waste-as-delays-persist-u-s-concedes

  5. Catholic Bishops support immigration provisions in Reconciliation Bill: https://www.ncronline.org/news/justice/us-bishops-support-immigration-provisions-35-trillion-spending-bill

  6. Judge rules against "Metering": https://www.courthousenews.com/judge-orders-feds-to-reconsider-asylum-denials-in-metering-class-action/

  7. Chicago allows public defenders to represent immigration in Immigration Proceedings: https://immigrationimpact.com/2021/09/02/illinois-public-defenders-to-represent-immigrants-facing-deportation/#.YTkzFS-B1QI

Music Title: News Breaks
Music By: Steven Combs

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This week we discuss several articles from around the web:

  1. An article from JDSupra (and press release from the CDC) adding Covid-19 vaccine to the list of required vaccines for immigrants

  2. Another article from JDSupra about the increase in the number of employment-based immigration visas for this upcoming fiscal year

  3. An article about the proposed "crowd-sourcing" of the new changes to the Public Charge rule

4.  Voice of America take on the budget proposal that contains several immigration related bits

  1. A Reuters article discussing how a District Court judge overturned a decades old immigration law based upon its racist underpinnings

6.  Lastly, an article from the Intercept about USCIS using an AI program called ATLAS to help in its effort to denaturalize people.

Please send all comments or questions to info@immigrationbriefs.com.

Music by Steve Combs

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This episode is also available as a blog post: http://immigrationbriefs.com/2021/02/11/summary-of-president-bidens-immigration-reform-bill/