
'Litigation is a certainty': Trump's call to end birthright citizenship would face a mountain of opposition
Donald Trump has pledged to end birthright citizenship, a constitutional right granted to children born in the US, if he wins the 2024 presidential election. Trump plans to issue an executive order on day one of his presidency, which would deny citizenship to children born to parents who are not US citizens or legal residents. The plan is expected to face significant legal challenges, with many experts arguing that it would be unconstitutional and in direct conflict with the 14th Amendment. If implemented, the plan could have far-reaching consequences, including requiring parents to prove their immigration status to obtain a Social Security number or passport for their child.
The real story of Kamala Harris’s record on immigration
After Joe Biden ended his reelection bid, Republicans quickly targeted Vice President Kamala Harris, who is now the Democratic nominee, with false and racist attacks on her record on immigration. A House resolution, led by Rep. Elise Stefanik, condemned Harris for her supposed role as "border czar," a title she never held, and made false claims about her record on immigration. In reality, Harris was tasked with addressing the "root causes" of migration from Central America, and her efforts have led to increased investment in the region and a shift in the Biden Administration's messaging on the border. The resolution is seen as a cynical attempt by Republicans to bolster their own nominee and capitalize on the politically charged issue of immigration.
What the data says about immigrants in the U.S.
The US is home to a record 46.1 million immigrants, accounting for 13.8% of the population according to a study by the Pew Research Center. The majority of immigrants (77%) are in the country legally, with 49% being naturalized citizens and 23% being unauthorized immigrants. The top countries of origin for US immigrants are Mexico, India, China, the Philippines, and El Salvador. Immigrants are more likely to live in the South and West, with the largest populations in California, Texas, Florida, and New York.
Eligible to Naturalize Fact Sheet: Denver-Aurora-Lakewood, CO
A recent USCIS Fact Sheet reveals over 73,000 lawful permanent residents in the Denver-Aurora-Lakewood area are eligible for U.S. citizenship. Mexico, Ethiopia, and Vietnam are the top countries of origin for these potential new Americans. Most have lived in the U.S. for 5-8 years, with family ties being the primary path to their current status. The majority are working-age adults concentrated in Arapahoe and Denver counties. This data suggests the region could see significant demographic shifts if many choose to naturalize.
USCIS to Begin Triennial Investment and Revenue Threshold Updates for International Entrepreneur Rule
The US Citizenship and Immigration Services (USCIS) will update the investment and revenue thresholds for the International Entrepreneur Rule, effective October 1, 2024. The updates, which occur every three years, will increase the required investment and revenue amounts for entrepreneurs to qualify for parole and work authorization in the US. The new thresholds include a minimum investment of $311,071 for initial applications and $622,142 for a second period of authorized stay. The application fee will remain unchanged.
USCIS Denies National Interest Waiver for Flight Instructor, Citing Lack of National Importance
A commercial pilot and flight instructor, sought EB-2 immigrant classification and a national interest waiver. While the petitioner qualified for EB-2 classification, the appeal was dismissed because the petitioner failed to demonstrate that their proposed endeavor as a flight instructor had national importance, as required by the first prong of the Dhanasar framework for national interest waivers. The decision emphasized that while the petitioner's work had substantial merit, it did not have sufficiently broad implications to satisfy the national importance criterion.
Read the full text here: https://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2024/JUL152024_10B5203.pdf
More context in the matter of Dhanasar https://www.justice.gov/eoir/page/file/920996/dl
June 2024 Immigration Services Report: Form Processing Statistics and Times
In June 2024, immigration services processed over 68,000 Form I-130 petitions for alien relatives, approving 58,269 and denying 8,774. The report to Congress highlights that 2.18 million cases remain pending, with 1.7 million pending for over six months. The average processing time for Form I-130 is 13.8 months. This data underscores the significant backlog and lengthy processing times faced by applicants.
USCIS Streamlines Employment-Based Nonimmigrant Visa Process and Updates Employment Authorization for E and L Spouses
USCIS, in collaboration with CBP and the Department of State, is streamlining the process for certain employment-based nonimmigrant visas for graduates of U.S. institutions. As of January 30, 2022, new class of admission codes for E and L spouses (E-1S, E-2S, E-3S, L-2S) are now accepted as employment authorization evidence for Form I-9. USCIS will notify eligible E and L spouses with existing Forms I-94 issued before this date. Dependents of nonimmigrant workers should apply for visas at U.S. consulates if outside the U.S. and must file Form I-539 for status changes or extensions if within the U.S. Noncitizens employed in the U.S. may have tax obligations and can find more information on the IRS website.
Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Somalia, Allowing More Somali Nationals to Apply
On July 19, 2024, Secretary of Homeland Security Alejandro N. Mayorkas announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for Somalia, from September 18, 2024, to March 17, 2026, due to ongoing armed conflict and severe conditions in the country. The extension allows approximately 600 current TPS beneficiaries to retain their status, while the redesignation enables an estimated 4,300 additional Somali nationals to apply for TPS and employment authorization. Current beneficiaries must re-register between July 22, 2024, and September 20, 2024, and new applicants must establish residence in the U.S. by July 12, 2024. This announcement includes special provisions for F-1 nonimmigrant students from Somalia to request employment authorization and adjust their course load.
Think Immigration: Seven Reasons Why Immigration Attorneys Should Know About the EB-5 Visa Program
Many immigration lawyers avoid handling EB-5 cases due to perceived complexity, high risk, and insurance concerns. However, understanding the EB-5 visa program is crucial for offering comprehensive advice to clients. EB-5 can be a viable option for clients lacking other pathways to permanent residency, such as those stuck in quota backlogs, E-2 visa holders, Canadian citizens, retirees, and those seeking the fastest route to a green card. Even a basic knowledge of EB-5 allows lawyers to better answer client inquiries and identify potential issues in previous EB-5 applications.
Jennifer Chacón Discusses the Failures of U.S. Immigration Policy and How the Law is Developing
In a Stanford Legal podcast, Professor Jennifer Chacón discusses the failures of U.S. immigration policy over the past decade, highlighting the lack of comprehensive immigration reform and the fallout from deferred action programs like DACA and DAPA, which were blocked by legal challenges. She explains the significance of deferred action in allowing certain immigrants to stay in the U.S. temporarily, despite not having legal status. Chacón emphasizes the need to humanize immigrants and stresses the importance of providing long-term solutions for those integrated into U.S. communities. She advocates for pragmatic border policies and streamlined asylum processes while critiquing rhetoric that dehumanizes immigrants.
Personal Injury Claims for Undocumented Immigrants in California
In California, undocumented immigrants are now eligible for the same personal injury compensation as documented residents under AB 2159, passed in 2017. This law ensures that a claimant's immigration status is not admissible in personal injury cases, protecting them from potential deportation. Undocumented immigrants can seek compensation for medical bills, lost wages at California rates, and other damages without fear of their status being disclosed. Consulting a personal injury attorney is advised to navigate the complexities of filing a claim and dealing with potential issues like comparative negligence. The law guarantees equal treatment for all, regardless of immigration status.