The president is creating alternative pathways for migration while expanding Title 42.  

Your weekly summary from the Council


 LATEST ANALYSIS 

 FACTS YOU SHOULD KNOW  

  • On Thursday, the Biden administration announced a series of policy changes at the border. They include the expanded use of Title 42 expulsions and the creation of new legal pathways for some immigrants.  

The administration said it reached an agreement with the Mexican government that will allow the United States to expel 30,000 Venezuelans, Nicaraguans, Cubans, and Haitians to Mexico each month, as well as a new parole program available to 30,000 nationals of those countries each month.  

These fact sheets from the American Immigration Council discuss Title 42 and how it has affected processes at the border use of parole under immigration law.  

Read more: A Guide to Title 42 Expulsions at the Border


 ACROSS THE NATION  

  • Individuals held in immigration detention facilities have a right to government records about their detention. Those records can help people learn more about what happened to them in detention, including experiences involving abusive treatment, difficulty accessing an attorney, and lack of medical care. These government records also may support a legal claim or complaint against the agency that detained them.  

But the process for obtaining detention-related information is not always straightforward.  
 
This new guide by the American Immigration Council, created in partnership with the Black Alliance for Just Immigration, provides a detailed overview on how currently or formerly detained individuals can obtain their records.

Read more: A Guide to Obtaining Detention Records

 

  • Last week, the Department of Homeland Security (DHS) announced that it is extending and redesignating Temporary Protected Status (TPS) for Yemen for 18 months—from March 4, 2023, through Sept. 3, 2024—due to ongoing armed conflict and deteriorating humanitarian conditions.  

TPS provides temporary protections to certain immigrants already living in the United States whose countries are experiencing problems that make it difficult or unsafe for them to return.  
 
This updated fact sheet from the American Immigration Council provides an overview of how TPS designations are determined and what benefits they entail.

Read more: Temporary Protected Status: An Overview

 


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 QUOTE OF THE WEEK 

“Creating an alternate pathway for migrants to come to the United States without having to brave the dangers of a journey on foot through Mexico is a positive step forward for the United States. Research has consistently shown that the best way to reduce irregular migration is through the creation of lawful pathways, which today’s action will do. But parole only provides temporary authorization to remain in the United States, and Congress needs to act to make these new pathways permanent.  

However, today’s announcement also comes with a harsh, Trump-style crackdown on asylum seekers, many of whom are fleeing from regimes globally recognized as oppressive. Expanding the use of Title 42 expulsions to Mexico will cause enormous harm for the thousands of asylum seekers who are fleeing persecution in their home countries and will now be blocked from seeking safety. Title 42 is a failed policy which has caused immeasurable harm to our system of humanitarian protections, and the Biden administration should be getting rid of it, not expanding its use.  

In addition, today’s announcement will reinstate multiple Trump-era policies that were previously found to be illegal. Not only would a new asylum ban be illegal and immoral, if put into place, it would create unnecessary barriers to protection that will put the lives of asylum seekers at risk. Those who flee persecution should not be forced to jump through bureaucratic hoops while enduring deprivation and insecurity in dangerous border cities. Like Title 42, harsh policies like asylum bans arbitrarily deny people protections and generally fail to achieve any deterrent effect.  

For generations, the United States has offered a promise that any person fleeing persecution and harm in their home countries could seek asylum. When President Biden took office, he also promised to restore a safe and humane asylum process. While today’s actions do create a laudable alternate pathway for some people seeking protection in the United States, they also break from his prior promises and threaten a return to the same harmful asylum policies of his predecessor.”

– Jeremy Robbins, Executive Director, American Immigration Council


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