15 states sue to block Biden’s effort to help migrants in US illegally get health coverage
Fifteen states, led by Kansas Attorney General Kris Kobach, have filed a federal lawsuit against the Biden administration. The lawsuit aims to block a rule allowing approximately 100,000 immigrants brought to the US illegally as children (known as "Dreamers") to access health insurance through the Affordable Care Act. The states argue that the rule violates federal law and would encourage more illegal immigration, burdening states and their public school systems. The Biden administration has defended the rule, stating that it provides necessary support to Dreamers who have been shielded from deportation.
‘Stay-or-Pay’ Suits Cast Light on Immigrant Nurse Recruiting
Filipino and other foreign-born nurses in the US are fighting against "stay-or-pay" contracts that require them to pay exit fees if they quit or get fired before their contracts expire. These contracts can include breach of contract fees up to $50,000. Nurses claim that these fees are a form of indentured servitude and that staffing agencies use them to keep nurses in exploitative working conditions. At least 10 federal class actions have been filed by nurses against staffing agencies, alleging violations of the Fair Labor Standards Act and the Trafficking Victims Protection Act.
Texas Gov. Abbott instructs hospitals to collect data on patients' immigration status
Texas Governor Greg Abbott has ordered hospitals to collect data on patients' immigration status to determine the cost of providing medical care to undocumented immigrants. The order applies to hospitals enrolled in Medicaid and the Children's Health Insurance Program and requires them to start collecting information on November 1. Abbott claims that Texas is shouldering the economic burden of providing medical services to migrants entering the country illegally due to the Biden administration's "open border policies." Immigration rights advocates argue that similar policies have discouraged immigrants from accessing medical care due to fear of legal repercussions.
US should recognize gender as a protected class in immigration proceedings, ABA House says
The American Bar Association (ABA) has adopted a resolution urging the US government to recognize gender as a protected class in immigration proceedings. Resolution 605, passed at the ABA Annual Meeting, calls for Congress and the executive branch to amend laws and policies to protect asylum-seekers fleeing gender-based violence. It also advocates for trauma-informed procedures and training for handling gender-based claims. The resolution aims to align US policies with international standards and provide stronger protections for victims of gender-based violence.
U.S. Immigration Reform Stalls as Courts and States Enter Policy Fray
Immigration policy in the U.S. faces significant legal and regulatory hurdles. Congressional inaction has shifted major decisions to the executive branch and courts, leading to a patchwork of policies vulnerable to legal challenges. President Biden's attempts to reverse Trump-era measures have met judicial scrutiny, while programs like DACA remain in legal limbo. At the state level, conflicting approaches—from sanctuary cities to stricter enforcement laws—have triggered federal lawsuits and constitutional debates. These ongoing legal battles highlight the complex interplay between federal, state, and local authorities in shaping immigration policy, with the judiciary playing a pivotal role in determining the fate of executive actions.
New bill seeks to give local police authority to arrest undocumented immigrants
A new bill in Alabama, the Laken Riley Act, would allow local police to arrest individuals based on immigration status. The bill is named after a victim of a high-profile kidnapping and murder, and has been met with both support and criticism. Supporters argue it would give police a necessary tool, while critics say it would lead to racial profiling and erode trust between communities and law enforcement. The bill is expected to reach the State House floor in the 2025 session.
Texas Gov. Abbott instructs hospitals to collect data on patients' immigration status
Texas Governor Greg Abbott has ordered hospitals to collect data on patients' immigration status to determine the cost of providing medical care to undocumented immigrants. The order applies to hospitals enrolled in Medicaid and the Children's Health Insurance Program and requires them to report the data to state authorities starting November 1. Abbott claims the move is necessary due to the economic burden of providing medical services to migrants, but critics argue it will discourage immigrants from seeking medical care. The order is part of a broader effort by Republican-led states to enact stricter immigration laws and measures.
US Appeals Court upholds rule granting work permits to H-1B visa holders' spouses
A US appeals court upheld a rule allowing spouses of H-1B visa holders to work in the US, rejecting a challenge by a group representing former employees who claimed they were displaced by immigrant workers. The ruling stated that federal immigration law gives the Department of Homeland Security broad powers to regulate the conditions of admission for visa holders. The court's decision was supported by major tech companies, including Google, Amazon, and Microsoft, who argued that allowing spouses to work would encourage H-1B workers to seek green cards and stay in the US permanently. The ruling affirmed a lower court's dismissal of a 2015 lawsuit by Save Jobs USA.
Visa Rule Change Forcing Priests Out Of US
The Roman Catholic Diocese of Paterson and five of its priests have filed a lawsuit against the US Department of State, challenging a new rule that deprioritizes religious workers for green cards. The rule, implemented in March 2023, has forced priests to compete with minors from El Salvador, Guatemala, and Honduras for immigrant visas, leading to expanded wait times and potential deportation. The plaintiffs argue that the rule is unlawful, arbitrary, and capricious, and violates federal law, including the Administrative Procedure Act and the Religious Freedom Restoration Act. The lawsuit seeks to declare the rule unconstitutional and requests injunctive relief to prevent the priests' imminent departure from the US.
U.S. pauses migrant sponsorship program due to fraud concerns
The Biden administration has paused a migrant sponsorship program due to concerns about fraud among sponsors. The program allowed up to 30,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela to fly to the US legally each month if American sponsors agreed to support them financially. The pause was triggered by concerns raised by the fraud detection branch of US Citizenship and Immigration Services, which noted a significant number of would-be sponsors were applying to sponsor multiple migrants. The Department of Homeland Security said it stopped issuing travel documents to people applying for the program while it investigates applications filed by US-based sponsors.
California Service Center Moving to New Address August 12
The California Service Center is moving to a new address on August 12. The new location aims to streamline processes and maintain efficient service for immigration benefit requests. The updated address is: California Service Center, 2642 Michelle Drive, Tustin, CA 92780. Please check the USCIS website for specific suite numbers and filing instructions.
Think Immigration: The Advantages of EB-5 Today
The EB-5 Reform and Integrity Act of 2022 has transformed the EB-5 investor green card landscape, offering enhanced protections, streamlined processes, and new opportunities. The program requires a minimum investment of $800,000 or $1,050,000, depending on the project location, and creates ten permanent full-time jobs for US workers. The new program offers benefits such as concurrent adjustment of status, five-year work and travel permits, and priority processing for rural projects. It also provides flexibility in sourcing funds, adjusting status, and protection against aging out for unmarried children under 21.
September 2024 Visa Bulletin: Key Updates and What They Mean for Immigrants
The U.S. Department of State has released the September 2024 Visa Bulletin, providing crucial updates on the availability of immigrant visas for the upcoming month. This bulletin, which marks the end of the fiscal year, offers a mixed bag of news for those waiting in line for their green cards. Here's what you need to know:
1. Final Action Dates Remain Largely Stagnant:
The most notable trend in the September 2024 Visa Bulletin is the stagnation of Final Action Dates across many categories. Employment-based categories, particularly for Indian and Chinese nationals, show little to no movement, continuing a frustrating trend for those caught in the backlog.
2. EB-2 and EB-3 Categories for India and China:
The EB-2 and EB-3 categories for India and China remain heavily backlogged, with minimal forward movement. This stagnation highlights the ongoing challenges faced by highly skilled immigrants from these countries who have been waiting years, if not decades, for their green cards.
3. EB-1 for All Countries:
The EB-1 category, which includes extraordinary ability workers, outstanding professors and researchers, and multinational executives and managers, continues to see steady demand, but the cutoff dates for India and China remain unchanged, indicating high demand relative to the available supply of visas.
Controversial Changes and Insights
1. Retrogression in Family-Based Categories:
One of the most controversial aspects of the September 2024 bulletin is the retrogression in certain family-based categories, particularly for applicants from Mexico and the Philippines. This change could potentially lengthen the wait times for families hoping to reunite with their loved ones, sparking concern among immigrant communities and advocates.
2. The Impact of Unused Visas:
The bulletin also underscores the ongoing issue of unused visas in certain categories, which is particularly contentious given the significant backlogs in other categories. This inefficiency in the system has led to calls for reform, as many believe that these unused visas could be reallocated to reduce backlogs.
3. Fiscal Year End Considerations:
As this bulletin marks the end of the fiscal year, there is heightened scrutiny on how the Department of State and USCIS have managed visa allocations. The lack of significant movement in priority dates suggests that the agencies may be holding back on issuing visas, a move that could be seen as controversial given the high demand.
What to Watch for in the Coming Months
As we move into the new fiscal year in October, there will be significant interest in whether the Department of State and USCIS will take steps to address these ongoing issues. Immigrant communities and their advocates will be watching closely for any signs of progress in reducing backlogs, improving processing times, and making the immigration system more efficient and fair.
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