Biden’s Immigration Plan Lays Out a Tougher Border, New Legal Pathway for Some Migrants

“The framework will triple refugee resettlement from Latin America and the Caribbean in 2023 and 2024, for an annual cap of 20,000. Each month, up to 30,000 migrants combined from Venezuela, Nicaragua, Haiti, and Cuba may come to live and work in the U.S. on a two-year status if they secure an American sponsor and pass background checks.

Meanwhile, the White House says “individuals who irregularly cross the Panama, Mexico, or U.S. border after the date of this announcement will be ineligible for the parole process and will be subject to expulsion to Mexico,” which will accept up to 30,000 migrants monthly from Venezuela, Nicaragua, Haiti, and Cuba who have been expelled. Mexico will do so under an expansion of the pandemic-era Title 42 order, which allows for the immediate expulsion of border crossers. Previously, Mexico only accepted Mexicans, Guatemalans, Hondurans, and Salvadorans removed under Title 42. (It recently began accepting expelled Venezuelans as well.) Unauthorized migrants “will be increasingly subject to expedited removal to their country of origin and subject to a five-year ban on reentry,” according to the White House.

Certain aspects of the framework will likely help reduce the number of migrants arriving at the U.S.-Mexico border, which has been a great challenge for the Biden administration so far. Under the new parole pathway, migrants can begin the process to secure legal passage to the U.S. from their home countries rather than doing so through an asylum claim (which can only be initiated at a port of entry or on U.S. soil). This could help save them a dangerous northward journey and reduce overcrowding at the border.”

“The pathway for Nicaraguans, Cubans, and Haitians mirrors similar programs established for Ukrainians and Venezuelans last year. Those programs helped reduce unlawful crossings among those groups, says Bier: “The Ukrainian parole program eliminated migration to the U.S.-Mexico border by Ukrainians. Venezuela’s program has already turned migration to be mostly legal.” Last summer, Customs and Border Protection reopened ports of entry to Haitians, which “basically ended illegal immigration by Haitians,” Bier explains.”

Cubans and Haitians Are Fleeing to the U.S. in Staggering Numbers

“Border crossings by Cuban migrants have reached an all-time high: Over 220,000 Cubans attempted to cross the southern border illegally from December 2021 to December 2022, according to data from U.S. Customs and Border Protection. Migrants are also making their way to the U.S. by sea. Since October, the Coast Guard has intercepted 3,700 Cubans at sea, already more than half than were intercepted in the previous 11 months.
For over six years, Cubans on the island could not apply for asylum or exit visas at the U.S. embassy in Havana after the Trump administration closed the embassy’s visa operations. This forced Cubans to travel to Guyana, one of the few countries Cubans are allowed to visit, to apply for asylum, an expensive and inaccessible process for many on the island. Cubans would no longer be automatically allowed to stay and pursue residency if they reached U.S. territory, as was the case before the Obama administration ended the “Wet-Foot, Dry-Foot” policy in 2017. So the suspension of visa services in Havana drove many to risk the voyage across the Straits of Florida or through Central America to the southern border, usually with the help of smugglers.

An increased number of Haitians have also fled their country, attempting to cross the U.S.-Mexico border amid ongoing gang violence, disease outbreaks, and political instability that has worsened in recent months. The limited opportunities for requesting asylum beyond the border and new restrictions on Haitian immigration in countries like Brazil and Chile have prompted many to take the risks as well.”

“In response to this recent increase in migrant arrivals, Biden announced..that Cubans, Haitians, and Nicaraguans would no longer be exempted from expulsion under Title 42. Up to 30,000 unauthorized migrants from these countries will be sent back to Mexico every month once the policy takes effect. Asylum claims at the southern border will also be limited.

The administration also announced new pathways for asylum, allowing Cuban, Haitian, and Nicaraguan migrants to apply for asylum if they promise to work for two years and have a U.S.-based sponsor who can support them during that period, claiming it will provide for “orderly migration” for migrants seeking to come to the United States. The State Department has reopened visa services in Havana to help facilitate this new asylum process.”

“Regardless of the changes and the dangers that accompany the treacherous journey, many of the migrants remain undeterred in their mission to reach the United States.

“I would prefer to die to reach my dream and help my family,” Jeiler del Toro Diaz, a Cuban migrant who came ashore in Key Largo on Tuesday, told The Miami Herald. “The situation in Cuba is not very good.””

From Texas border, New York mayor vows to pressure U.S. government over migrants

“The city spent $366 million on services for asylum seekers last year, and Adams expects that sum to rise to $2 billion through June. Thus far, New York City has received just $8 million from the Federal Emergency Management Agency and $2 million from Senate Majority Leader Chuck Schumer.
“This is a national crisis. FEMA deals with national crises. FEMA must step up, and there should be one coordinator to coordinate everything that is happening dealing with migrants and asylum seekers in our country,” Adams said.”

If You Oppose COVID Emergency Powers, You Should Oppose Title 42 Expulsions

“Gorsuch didn’t say that there aren’t problems at the border or that the transition from Title 42 wouldn’t prove challenging. “But the current border crisis is not a COVID crisis,” he wrote. “And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort.”

Policy makers would be wise to scrap the pandemic-era Title 42 order. It’s accomplished the opposite of what proponents promised, leading to more frequent and less predictable migrant inflows. Since a Title 42 expulsion carries no reentry penalty, repeat crossings roughly quadrupled in 2021 compared to their 2019 rate. Smugglers have taken advantage of repeat crossings by charging migrants more for the inflated number of northward journeys. With asylum largely inaccessible at ports of entry, migrants desperate to enter the country have attempted to cross the border in less surveilled, more dangerous terrain. These things have all contributed to chaotic scenes at the border, providing fodder for immigration restrictionists.”

Foreign Workers Are Losing Their Tech Jobs. Will They Have To Leave the Country Too?

“There is “a lot of brain drain among H-1B workers who are considering alternative options, Canada being the most notable, but also the U.K., a lot of European countries also have a lot easier routes,” Sam continues. Though salaries might not be as high as in the U.S., “a lot of us are OK to take a financial hit just for peace of mind.”
Recent tech layoffs may affect only a small share of America’s immigrant workforce, but they’re a sign that much reform is needed to ensure that high-skilled workers continue to come to the United States. Reforms could also address discriminatory limits on certain immigrants. Immigration analysts like David J. Bier of the Cato Institute note that employment-based green card caps “serve no purpose because nearly all wait-listed, employer-sponsored immigrants are already in the United States working in temporary statuses.” The EAGLE Act, bipartisan legislation introduced in the House and Senate, would eliminate the per-country cap on employment-based green cards that has exacerbated wait times for many immigrants.”

‘Unprecedented emergency’: Dem-led cities and states brace for influx of migrants

“Title 42, an immigration policy put into place during the pandemic, was scheduled to be lifted Wednesday, but Chief Justice John Roberts temporarily blocked the border rule at the urging of 19 Republican-led states, which appealed the plan to open up the nation’s borders again.

The stay by Roberts is temporary, and states are bracing for what’s next if — and when — Title 42 is eventually lifted. There’s added anxiety too over whether Republican governors will transport thousands of migrants to Democratic-led strongholds by bus or plane, as Texas Gov. Greg Abbott and Florida Gov. Ron DeSantis did this year.

Over the last month, thousands of migrants have crossed into the U.S. at the Texas border ahead of the expiration of Title 42, a Trump administration pandemic policy that allows the U.S. to expel migrants in order to stem the spread of the Covid-19 virus. Last weekend, the mayor of El Paso declared a state of emergency to help manage the rush of people while Abbott deployed hundreds of Texas national guard and state troopers along the border to block migrants from entering the U.S.”

“The migrant issue hasn’t gone unnoticed in Congress. Special funding in the federal spending bill released this week could take the pressure off of cities like New York, Chicago and Washington, as they try to handle the rise in immigrants and the challenges to provide shelter, food and other basic needs. Cities could apply for a piece of the $800 million that Congress has carved out to handle the flow of migrants if the spending is approved.

Adams, who earlier this week asked for $1 billion to help New York handle “the brunt of this crisis,” said he was “encouraged” by the federal funding, but said that should just be the start.

“With over 800 people arriving in the past four days alone, it’s clear that we still need a comprehensive strategy at our border and additional resources. We cannot be put in a position where we have to choose between services for New Yorkers and supporting arriving asylum seekers,” he said in a statement. Adams has also called for asylum seekers to be authorized to work before six months.”

Don’t Blame Migrants and ‘Open Borders’ for Fentanyl Entering the Country

“it’s inaccurate to say that undocumented immigrants crossing an open border are chiefly responsible for fentanyl arriving at the country’s doors. In reality, U.S. citizens carrying the drug through legal ports of entry are primarily to blame.”

Ron DeSantis’ Martha’s Vineyard Stunt Might Help Migrants Stay in the U.S. on Special Visas

“Salazar certified that the migrants flown to Martha’s Vineyard were the victims of a crime. “Based upon the claims of migrants being transported from Bexar County under false pretenses, we are investigating this case as possible Unlawful Restraint,” Salazar said in a statement to GBH News. Under the Texas penal code, unlawful restraint, or restricting someone’s movement without consent, includes actions that involve “force, intimidation, or deception.” Salazar noted that his office had “submitted documentation through the federal system to ensure the migrants’ availability as witnesses during the investigation.”
The sheriff’s certification move is notable because it clears the way for the migrants to apply for a U visa, which is devoted to victims or witnesses of crimes, through U.S. Citizenship and Immigration Services (USCIS). “Once certified, the crime victim can apply to USCIS for a U visa, which, if approved, allows them to remain in the US in nonimmigrant status and eventually can lead to Lawful Permanent Residence,” said immigration attorney Rachel Self, who has been assisting the migrants legally.

But backlogs spell a lengthy process for migrants who hope to obtain U visas. There were over 285,000 U visa petitions pending as of FY 2021, per USCIS data. According to a March report by the Niskanen Center, it would take more than 17 years for the government to process all U visa applications at its current pace. What’s more, Congress caps the number of visas at 10,000 annually. But as Politico notes:

“Once the Venezuelans submit their applications, they will likely be allowed to work and protected from deportation. Last year, the federal appellate court that covers Massachusetts ruled that a Honduran man could not be removed from the country while his U visa application was pending.””

“This development in DeSantis’ Martha’s Vineyard stunt speaks to how counterproductive showy immigration enforcement schemes can be. Often done in the name of fiscal responsibility, moves in Texas and Florida have racked up massive bills at taxpayers’ expense. The Martha’s Vineyard flights have also landed DeSantis in the Treasury Department inspector general’s crosshairs: The governor is now under investigation for potential misuse of federal COVID-19 funds to cover the flights.”

English Tests Are Just an Excuse To Block Immigrants From Licensed Professions

“Taiwanese student Ti “Joyce” Chun-Shan demonstrated English proficiency daily when she came to the United States at age 39. She took college classes in English, maintained good grades and earned a certification in ESL.
Chun-Shan, who finished a massage therapy program and earned an associate’s degree at Chandler Gilbert Community College in Arizona, also spoke English with clients as part of her training.

Nobody complained about a language barrier. Yet when Chun-Shan applied for an occupational license—a formality for most of her classmates—the Arizona Board of Massage Therapy singled her out for extra scrutiny.

State law requires massage therapists who are not native English speakers to demonstrate “communication proficiency.” So regulators told Chun-Shan, who grew up speaking Mandarin, that she would have to take an English test and exceed board-imposed standards in four sections: reading, writing, speaking and listening.

The board sets minimum standards outrageously high. Scores must exceed the median for all groups of test takers, including native English speakers and college graduates. Rather than waste her time and money—up to $325—Chun-Shan refused to take the test.

Other states lay similar traps, sometimes indirectly. Licensing programs and exams, for example, are often available only in English. Washington, D.C., added another barrier to those who don’t speak English fluently in 2016, when the district decided that daycare providers must have an associate’s degree in early childhood development or a closely related field.

The law says nothing about English proficiency, yet a 2018 analysis showed that all qualifying programs at nearby colleges were taught exclusively in English. As part of the coursework, aspiring daycare providers must earn credit in language-intensive subjects like public speaking and composition.”

“Florida passed sweeping licensing reforms in 2020. And Utah has passed several bills in recent years to ease the regulatory burden on service providers. Among other reforms, Utah has exempted hairstylists from cosmetology licensing and reduced the training hours necessary to perform limited massage therapy.

Connecticut is moving in the opposite direction. In 2019, the state restored an abolished licensing requirement for manicurists, an occupation dominated by Vietnamese immigrants. Meanwhile, Louisiana and Oklahoma have dug in—following lawsuits from the Institute for Justice—to protect licensing requirements for eyebrow threaders, an occupation dominated by South Asian and Middle Eastern immigrants.

Unnecessary regulations like these that prevent immigrants from being able to make a living are wrong in any language.”

Most Americans Say Immigrants Make the U.S. Better. So Why Don’t Politicians Do Anything About It?

“At a time when the American economy could use more people, restrictions on immigration continue to trap a lot of unused talent in low-productivity countries. To unleash it, the United States could simply let these immigrants in and let them work. They’d become a productive part of the system that makes this country so wealthy. But politicians are getting in the way.”

“Today, many U.S. industries are having a hard time finding workers, leaving production lower than it should be. That means fewer goods and services to raise our living standards. It’s so bad that unfilled jobs in the manufacturing sector could cost the U.S. economy $1 trillion annually.
This highlights that our problem isn’t too many immigrants. Instead, we admit too few people who want to come here to work, often leaving them with no good choice but to try anyway.

I understand that some Americans feel uneasy about allowing in more immigrants who are less educated than most of our population. But you don’t have to be a highly educated engineer, surgeon, or entrepreneur of the caliber of Elon Musk to add net value to the U.S. economy. In fact, so much of our country is functioning so well precisely because of so-called low-skilled workers.

Think back to the many months of the pandemic when the economy was closed except for those businesses labeled “essential.” Who do you think kept supermarkets open by stocking shelves and driving supplies from warehouses to stores? Who collected garbage, planted vegetables, and raised chickens? Who prepared the takeout meals you ordered on Uber Eats or other platforms? Who cleaned your home or renovated your patio? Who worked in elder care facilities? It was the workers we dismissively call “low-skilled.””