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Your weekly summary from the Council
LATEST ANALYSIS
States hoping to provide support to their immigrant and refugee residents are taking part in the Office of New Americans (ONA) network. This network has established a forum for state policy leaders to drive positive immigrant and refugee integration into their local workforces and economies. Read More »
FACTS YOU SHOULD KNOW
- In the final days of 2020, the Trump administration published a rule that severely limited the ability of immigration judges within the Executive Office of Immigration Review (EOIR) to review immigration records, manage their own dockets, and make independent decisions about the best disposition for a case. While courts blocked this rule from going into effect, the rule remained on the books and a future administration could have sought to revive it.
A new Biden administration rule aims to reverse these damaging changes and protect against future manipulation. Under the proposed rule, EOIR adjudicators’ authority to administratively close or terminate cases will be protected by regulation, which also ensures that respondents will have time to address issues raised by opposing counsel. The proposed regulation also removes the adjudicatory authority previously granted to the politically appointed EOIR director and restores adjudicators' ability to reopen cases in the interest of justice.
The American Immigration Council and the American Immigration Lawyers Association submitted this comment in support of the proposed rule.
Read more: Comment on Executive Office for Immigration Review Proposed Rule Regarding Restoring Appeal Procedures and Administrative Closure
- In 2021, the Council filed a Freedom of Information Act (FOIA) lawsuit against U.S. Customs and Border Protection (CBP) in an effort to compel the agency to disclose information about its CBP One smart-phone app that is used by asylum seekers to schedule appointments for processing at the southern border.
The lawsuit contends that the requested information is essential for a thorough understanding of CBP One's uses, the agency's future plans for the app's functions, and the intended handling of collected data. The lack of transparent communication from CBP about critical features like facial recognition and GPS tracking heightens the urgency of acquiring detailed information through legal means.
Read more: Council Sues CBP To Obtain Records About CBP One
- On January 5, 2023, the Biden administration announced its intent to provide “safe and orderly pathways to the United States” for up to 30,000 nationals of Cuba, Haiti, Nicaragua, and Venezuela per month.
The new program, formally known as the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), allows certain people from these four countries who meet certain requirements, including having a sponsor in the U.S. and passing a background check, to come to the U.S. for a period of two years to live and work lawfully through “humanitarian parole.”
Read more: The Biden Administration’s Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: An Overview
ACROSS THE NATION
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As Congress negotiates an emergency supplemental funding bill, some members of Congress are attempting to exploit these critical negotiations to enact radical changes to our immigration system.
The Council joined several other organizations in calling for Congress to prioritize common-sense action to support cities and states, fund border management, and ensure a fair and more efficient asylum process.
Read more: Immigration Advocates Share Common Sense Policy Demands for Border Management in Budget and Supplemental Negotiation
QUOTE OF THE WEEK
“Congress should advance bipartisan solutions to provide smart resources at the border that make the existing process work better while keeping communities safe. Congress should increase funding to improve asylum processing, reduce backlogs and work permit waiting times, resource states, localities and community shelter and support services, and access to legal counsel. We all share a commitment to ensuring that our communities thrive and that those who need protection can find it here in the United States. A smart funding package would better fund the system and ensure humane treatment for asylum applicants and would not permanently block access to safety for all who need refuge.”
-- The Council joined several other organizations in calling for Congress to prioritize common-sense action to support cities and states, fund border management, and ensure a fair and more efficient asylum system.
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