“Amid nationwide labor shortages in critical industries, more than a million immigrants are waiting on the US government to issue them work permits. Without these permits, many could lose their jobs, and some already have.
Biraj Nepal, a Nepali asylum seeker living in Woodland, California, has been working as a software engineer in the IT department of a bank for the last four years. Nepal went on unpaid administrative leave starting on January 26 because his work permit expired and the government has yet to process his renewal application. That has left his employer in a lurch: There’s long been a shortage of IT workers, and the pandemic accelerated that trend as companies went remote. Now, nearly a third of IT executives say that the search for qualified employees has gotten “significantly harder.”
If Nepal isn’t issued a new work permit within 90 days of taking administrative leave, his company will, by law, no longer be able to hold his job for him and will likely look for a contractor to fill his role. Under normal circumstances, that wouldn’t be a concern; work permits are meant to be issued quickly so that immigrants can be self-sufficient even while they are waiting on other applications for visas and green cards, which can take months or years to process. But the backlog at US Citizenship and Immigration Services (USCIS) has reached crisis level.”
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“The pandemic is partly to blame. Monthslong USCIS office closures and staff shortages have created a backlog of more than 8 million applications across all types of immigration benefits — including green cards, visas, and protection from deportation — and most work permit applicants have to be photographed and fingerprinted in person. USCIS was also plagued by a budget crisis under the Trump administration, and work permit applications spiked last fiscal year to an all-time high of 2.6 million, straining the agency’s capacity.
Under President Joe Biden, USCIS has taken some measures to combat the problem, though has stopped short of automatically extending the validity period of expired work permits as advocates have requested. It temporarily waived fingerprinting requirements for some applicants, exempted spouses of certain visa holders from having to apply separately for work authorization, and extended the validity period of newly issued work permits from one to two years for some immigrants who have been admitted to the US on humanitarian grounds. It has also hired new staff, including 200 people in the agency’s asylum division, to address the backlog. But it’s not clear why the agency hasn’t also adopted the extension policy that activists have called for.
Earlier this month, a federal court vacated two Trump-era rules that had restricted access to work permits for asylum seekers, meaning that their applications could be processed more quickly going forward.
“Agency personnel is addressing outstanding processing issues and making changes to underlying procedures to achieve new efficiencies while ensuring the integrity and security of the immigration system. This includes improving processing times and decreasing pending cases,” said Matthew Bourke, a USCIS spokesperson.
But the backlog remains too large to be solved quickly by USCIS’s new policies or the court decisions. That would require additional regulatory action: In addition to extending the validity of expired work permits, the government could also streamline the application form for work permits to speed up processing, Cruz said. That could help immigrants who can’t afford to wait much longer for their applications to be approved.”
“Facing pressure to find ways to limit the number of migrants requesting entry to the United States, Mexican immigration authorities will not permit the migrants to leave the city unless they have some form of legal immigration status allowing them to move freely through the country, such as asylum. Hundreds tried to escape last month, but were intercepted and detained by Mexican immigration authorities.
Many of Tapachula’s migrants have already applied for legal status so that they can travel north to the US border. Mexican immigration authorities are supposed to process those applications within 90 business days. But some migrants have been waiting for more than a year due to a surge in applications that has led to backlogs. In 2021, nearly 90,000 people applied for asylum in Tapachula, more than triple the number who did so the year before. Applications from vulnerable groups — including children, pregnant people, victims of crimes, people with disabilities, older adults, and their immediate family members — are currently being prioritized.”
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“Migrants are being kept from entering the US under a pandemic-related border restriction first implemented by the Trump administration, known as the Title 42 policy, which allows the federal government to bar noncitizens from entering the US for health reasons. Although public health experts have said Title 42 doesn’t help to stop the spread of Covid-19, the Biden administration has embraced it. That has allowed the Biden administration to carry out 1.1 million expulsions to Mexico in the past year, including to the state of Chiapas, where Tapachula is located.
In 2019, the Mexican government agreed to ramp up immigration enforcement on its southern border in order to avert US tariffs Trump had threatened. Though the Biden administration hasn’t continued to threaten those tariffs, it has dangled carrots of vaccine doses and development funds in exchange for Mexico’s cooperation on limiting migration to the US border.
The effect of those policies has been to keep migrants away from US borders and out of mind for most Americans. And it’s been largely successful in silencing migrants unless they go to extreme lengths to be heard.”
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“But the kind of care provided to migrants in Tapachula isn’t adequate. The city simply doesn’t have the infrastructure to support a sudden influx of people. For months, some 3,000 migrants were living at a campsite at Tapachula’s Olympic Stadium, where they had no access to clean water, food, health care, and other basic services, and shared only a few portable toilets.
That camp was disbanded in December, but there still isn’t enough affordable housing and room in local shelters to support the migrant population and it’s not clear whether or when the Mexican government will build more shelters. Many are sleeping on the streets near INM’s local offices and don’t have work permits, meaning that they can’t secure stable employment that would allow them to support themselves while they wait. And they have reported being mistreated, arrested in violent and arbitrary manners, and robbed of their money and their phones by Mexican authorities.
Though Mexican Foreign Secretary Marcelo Ebrard has promised to reduce wait times by streamlining the bureaucracy around the asylum process, he has also acknowledged that the government simply doesn’t have the staffing and resources to meet the explosion in need.
The US could share the load by resuming processing of migrants at its own borders and allowing them to pursue claims to humanitarian protection, as is their legal right. Instead, it has offloaded its immigration responsibilities onto its neighbor.”
“the U.S. should “make the smart move and take away the men and women Putin needs to win” the fight in Ukraine. “The United States could, with a stroke of a pen, totally destroy the capacity of Russia to compete militarily or economically with us by offering a green card to any Russian with a technical degree who wishes to emigrate to the United States,” Zubrin continued. Such a move may not stop the current invasion, but it would hobble Russia’s ability to participate in the high-tech economy—fully in line with a central thrust of Biden’s announced sanctions against the Kremlin.
Getting Russian brainpower out of Putin’s hands will undoubtedly benefit America. The U.S. has a history of accepting great minds fleeing rival nations, from the scientists who escaped the Axis and later staffed the Manhattan Project to the many artists, athletes, and authors who defected from the Soviet Union. Immigrants are more likely to start businesses than native-born Americans, a trend that fully applies to Russian migrants. Accepting Russian immigrants, as with other groups, would help create jobs for native-born Americans—not take them away.”
“Honduras is in a tenuous political moment. It has operated as a narco-state under the right-wing National Party since 2009 when a military coup ousted then-President Manuel Zelaya, Castro’s husband. Persistent corruption, weak government institutions, climate change, high levels of violent crime, and rampant poverty have driven hundreds of thousands to flee the country in recent years, with many Hondurans seeking asylum in the US.
Change seemed to be on the horizon last November. Voters turned out in droves to elect Castro in a landslide win against the National Party’s Nasry Asfura — an ally of the outgoing president, Juan Orlando Hernández, who has been accused of taking bribes from narcotraffickers. Castro promised to create a coalition government to bring together the National Party’s political opponents, including her own center-left Libre party, under an agenda of combating corruption and promoting economic development.
As part of a joint initiative with the US government, American companies pledged to inject more than a combined $1.2 billion over a multiyear horizon into Honduras, El Salvador, and Guatemala. Those funds were meant to help reduce migration by providing new economic opportunity in the region. In Honduras, Castro’s incoming administration was seen as a reliable partner that could ensure the investments worked as intended.”
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“Castro’s proposed reforms could be transformative for Honduras, a country where corrupt economic elites have long ruled. She has vowed to institute an anti-corruption commission backed by the United Nations, similar to one that was shut down in Guatemala in 2019, and to convene a National Assembly seeking to rewrite the country’s constitution to guarantee social democratic rights. And she has promised a “new economic model” that would reduce inequality and the cost of living and would involve building an environment more conducive to private investment.
But the future of that agenda is in flux due to a constitutional crisis wracking the Honduran Congress.”
“Immigrants frequently fill jobs that native-born Americans are reluctant to do. Unsurprisingly, the largest gaps in the labor market tend to appear where immigrants make up a larger share of the workers. According to the Bureau of Labor Statistics, in 2020 “foreign-born workers were more likely than native-born workers to be employed in service occupations; natural resources, construction, and maintenance occupations; and production, transportation, and material moving occupations.” Foreign-born workers make up roughly 17 percent of the U.S. labor force. In each of the struggling sectors mentioned above, more than 20 percent of the workers are already immigrants.
This dynamic isn’t just affecting low-wage jobs. According to Bloomberg, the U.S. is currently experiencing its worst health care labor shortage ever. An estimated 2.7 million immigrants are already working in hospitals. In October, 16 percent of American hospitals reported that they were critically short-staffed and the situation has only gotten worse. These essential jobs need to be filled so desperately that health officials are allowing staff infected with COVID to stay on the job. Many health care workers are experiencing burnout, and immigrants have already proven they can step in and get the job done.
Immigrants won’t solve every labor shortage in the U.S., but letting more people come here for an honest and well-paying job would be a great place to start. The sooner we see more immigrants allowed into the U.S., the sooner we’ll see more milk and meat at the supermarket.”
“On his first day in the presidency, Biden began to tackle some of the harsh immigration measures imposed by Trump. He lifted Trump’s so-called Muslim ban, which prevented citizens of seven predominantly Muslim countries from coming to the U.S. He signed an executive order halting construction of a wall at the U.S.-Mexico border. And he sent the U.S. Citizenship Act of 2021 to Congress. Among other things, that bill set out to create a path to citizenship for undocumented people, clear backlogs in the family-based immigration system, and improve immigration courts.
However, many of those early wins—and supposed reversals of Trump’s policies—came with asterisks. Biden was right to rescind Trump’s “Muslim ban,” but nearly all families affected by the policy remained separated because of visa application backlogs. He was right to halt construction of the border wall (which was never going to work), but his administration failed to stop Trump’s land grab lawsuits and the federal government continued to seize private property along the U.S.-Mexico border through eminent domain. That ambitious immigration bill has gone nowhere.
Since taking office, Biden has cherry-picked which of Trump’s most controversial policies he’ll keep and which he’ll discard. The ones he’s kept are cruel, counterproductive, and are failing to please either side of the political aisle.
Key among them is Title 42, which critics say violates longstanding U.S. asylum law. The policy was first imposed by the Trump administration and allows Customs and Border Patrol (CBP) to expel migrants on public health grounds. Deprived of the opportunity to present their cases for asylum, migrants are very often returned to dangerous communities and countries. Biden has kept Title 42 in place, even though it was the brainchild of notoriously anti-immigration Trump adviser Stephen Miller. Centers for Disease Control and Prevention officials have questioned its efficacy as a COVID-19 mitigation measure from the very beginning.
CBP expelled over 1 million people under Title 42 in 2021, with over 7,000 migrants getting kidnapped and attacked by cartels and Mexican authorities post-expulsion since Inauguration Day. The Biden administration has also used Title 42 to deport thousands of Haitians to Haiti, even though many of the deportees hadn’t lived in Haiti for years and were actually coming from South America. Some Biden appointees have suggested that the president’s continuation of Title 42 “is largely based on optics—that it’s staying in place because of concerns that ending it will fuel perceptions of a chaotic border.”
But Biden’s critics falsely claim that the Southern border is open. It’s true that CBP reported a 21-year high of 1.66 million migrant encounters at the border in fiscal year 2021. The majority—61 percent—of those apprehensions resulted in Title 42 expulsions, and the figure fails to account for repeat crossings. “Perversely, continuing this Trump policy has also given ammunition to the hard-right nativists, because it has the unintended consequence of inflating the count of U.S. border crossings,” writes The Washington Post’s Catherine Rampell. Over one-quarter of encountered individuals were apprehended multiple times by CBP, Rampell notes—”nearly quadruple the share in 2019.”
All the while, inefficiency has plagued day-to-day aspects of the U.S. immigration system. Two years into the pandemic, 60 percent of U.S. embassies and consulates are still partially or completely closed for visa processing. Nearly 440,000 immigrant visa applicants whose cases are “documentarily complete” are still waiting for visa appointments (the State Department scheduled just 26,605 appointments for this month). The nation’s refugee intake hit a record low in fiscal year 2021 and our numbers aren’t on pace to be any better in 2022. Legal immigration collapsed under Trump; it hasn’t rebounded under Biden.
All that said, it would be unfair to say that Biden’s immigration policy has been a complete failure. The administration evacuated a staggering number of Afghans after their country fell to the Taliban in August. Visa processing has been imperfect and many vulnerable people are still trapped in Afghanistan, but the Biden administration smartly introduced a private refugee sponsorship program that allows U.S. citizens to help support and resettle evacuated Afghans. Biden has rescinded some Trump-era rules that needlessly slowed down visa and work permit processing, and recently added 20,000 visas to this fiscal year’s cap for the nonimmigrant nonagricultural worker H-2B visa. The administration restarted the Central American Minors program, which allows at-risk children from El Salvador, Guatemala, and Honduras to come to the U.S. as refugees.”
“Thousands of Haitians are indefinitely trapped in Mexico. They face pervasive racism, and many are unable to work, have no access to medical care, and are targets for criminals. Most have arrived in the last year, hoping that the Biden presidency would open up an opportunity for them to finally seek protection in the US.
Those hopes were in vain. Now, Mexico is seeing a sharp uptick in Haitian asylum applicants — a surge it is unequipped to manage — all because the United States has offloaded its immigration responsibilities onto its neighbor.
The Biden administration continues to enforce pandemic-related border restrictions that have kept out the vast majority of asylum seekers, including Haitians; it’s deported nearly 14,000 Haitians since September 2021 despite their country’s political and economic crises. As a result, many Haitians face a difficult choice: Try to cross the US border and risk getting deported to Haiti if caught, or attempt to make a life for themselves in Mexico, at least temporarily.”
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“President Joe Biden did allow more than 100,000 Haitians already living in the US before July 29, 2021, to apply for Temporary Protected Status, which allows them to live and work in the US on a temporary basis. But he has largely pursued a strategy of deterrence and exclusion with respect to Haitian migrants outside US borders, despite the fact that their country is still reeling from President Jovenel Moïse’s assassination and the one-two punch of a 7.2-magnitude earthquake and a tropical storm last summer.”
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“The US could have made other choices that would have eased the burden on Mexico. For example, the Biden administration could have expanded TPS for Haitians or allowed them to enter the US temporarily on what’s called “parole,” a kind of temporary protection from deportation. It could have ended its deportation flights to Haiti and its restrictive border policies, or at least created broader exemptions to them. Instead, it has dumped its responsibilities to Haitians onto Mexico, which is ill-equipped to give them the kind of support they need.”
“The world has known for years now that Uyghurs, members of a Turkic ethnic group who number about 13.5 million and mostly live in China, are experiencing persecution by the Chinese government. A number of international observers and human rights advocates argue the Chinese government is attempting genocide, but Uyghurs looking for an escape from China’s brutality have had a difficult time securing relief through America’s refugee and asylum pathways, and their immigration struggles are shared by far too many vulnerable people seeking an escape to the United States.
Under U.S. immigration law, asylum seekers are people who are already present on American soil or at a port of entry and apply for the right to remain in the country. Refugees, on the other hand, apply for resettlement in the U.S. from abroad. Approval to stay in the U.S. under either category requires that applicants prove they have been “persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group.” The two pathways are intended to help the world’s most vulnerable people escape danger.
In the past two fiscal years, however, the U.S. has admitted zero Uyghur refugees. Many Uyghurs who have been lucky enough to reach the U.S. through other pathways, like student and travel visas, also face an uncertain future—as Caroline Simon reported for Roll Call yesterday, there are “roughly 800 Uyghurs caught in the backlog of hundreds of thousands seeking asylum in the U.S.” Until they receive asylum, they can’t apply to sponsor stranded family members.
It’s undeniable that Uyghurs broadly fall into the categories outlined for refugees and asylum seekers. In the name of cultural erasure, they’ve been subject to mass sterilization, kept from speaking the Uyghur language, and forced to pledge loyalty to the Chinese Communist Party. Adrian Zenz, senior fellow in China studies at the Victims of Communism Memorial Foundation, told NPR that China’s treatment of Uyghurs is “probably the largest incarceration of an ethnoreligious minority since the Holocaust.””
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“The plight of the Uyghurs waiting on immigration answers points to broader issues in America’s refugee and asylum infrastructure. For one, the U.S. has been taking in astonishingly low numbers of refugees lately, hitting a record low of 11,411 in fiscal year 2021. Over 667,000 asylum seekers are waiting for their cases to be resolved, and they face an average wait time of around 1,600 days, or 54 months. There’s also the issue of the “last-in, first-out” policy, under which asylum applicants who have arrived in the U.S. more recently are processed first. This means many people who have been present in the U.S. for years cannot petition for visas for family members, which propagates what the Center for Migration Studies of New York calls “the ‘other family separation’ crisis.””