Ohio Flexes State Muscle in Migrant Crisis: Troopers Deployed, Legal Battle Looms
The Ohio governor is deploying state troopers and $2.5 million in healthcare resources to Springfield in response to an influx of Haitian migrants under the federal Temporary Protected Status program. Governor DeWine emphasized the need for federal assistance to impacted communities, while the state Attorney General is exploring legal options, including potential litigation, to limit migrant relocation to Ohio. The situation highlights tensions between state and federal authority over immigration policy, with potential implications for future legal challenges to federal immigration programs and their local implementation.
State vs. Federal Showdown: Washington's Legal Tug-of-War Over ICE Facility Inspections
Washington state agencies are engaged in multiple legal battles with The GEO Group over access to the Northwest ICE Processing Center, a private immigration detention facility in Tacoma. The disputes center on the implementation of House Bill 1470, a 2023 state law designed to increase oversight of private detention facilities. Federal Judge Benjamin Settle issued a preliminary injunction against parts of HB 1470, citing potential discrimination and federal preemption concerns. The U.S. Department of Justice has sided with GEO, arguing that the state law imposes unique burdens on federal contractors. Separately, Judge Settle granted the Department of Labor & Industries access to the facility under a different statute, highlighting the complex interplay between state and federal authority in this context.
Royal Privacy vs. Public Interest: Prince Harry's Visa Case Sealed in Landmark FOIA Ruling
A Freedom of Information Act lawsuit brought by The Heritage Foundation against the Department of Homeland Security regarding Prince Harry's U.S. visa status has been terminated following sealed orders issued by Judge Carl J. Nichols in Washington D.C. The case centered on whether Prince Harry's admitted past drug use should have barred him from entering the U.S. or if he received preferential treatment. The government argued that disclosing visa records would constitute an unwarranted invasion of privacy, citing precedents that hold a person's immigration status as private information exempt from disclosure. The judge had previously requested to view Harry's visa records in private, with the Biden administration confirming compliance with this order in April.
Civic Group Challenges Paxton's Voter Probe: Constitutional Showdown in Texas
The nonprofit Jolt has filed a federal lawsuit against Texas Attorney General Ken Paxton, seeking a temporary restraining order to block his investigation into their voter registration efforts. Jolt argues that Paxton's "Request to Examine" under state business regulation law violates their constitutional rights and could jeopardize the safety of their workers and volunteers. The case highlights tensions between state investigative powers and First Amendment protections for civic organizations. Jolt contends that complying with Paxton's request could result in a Class B misdemeanor charge or loss of business privileges in Texas. The lawsuit asks the court to declare Paxton's investigation unconstitutional and issue a preliminary injunction, raising questions about the scope of state authority in regulating voter registration activities.
Connecting the Unconnected: California Eyes Phone Discounts for Undocumented Low-Income Residents
The California Public Utilities Commission is set to vote on a proposal to eliminate the social security number requirement for California LifeLine, a program that provides phone bill discounts to low-income residents. If passed, this would grant some undocumented immigrants access to the program. The proposal does not rely on any specific legislative or case law changes, but rather a regulatory shift by the commission, which agreed to drop the social security number requirement 10 years ago but never implemented the change. Undocumented immigrants would still need to provide alternative forms of identification to participate in the program.
Crossing into Chaos: The Human Cost of Failed Migration Policies
The DariƩn Gap, a jungle at the Colombia-Panama border, has seen nearly 700,000 migrants and asylum seekers cross through in the last year and a half, many of whom have experienced serious abuses, including sexual violence. The situation is a result of failed policies across the Americas, including restrictive visa requirements and limited pathways to regularization and integration. Human Rights Watch recommends implementing a region-wide temporary protection regime, reversing onerous visa requirements, and creating an equitable regional mechanism to determine state responsibility for examining asylum claims. These recommendations aim to address the root causes of the crisis and provide a more humane and coordinated approach to migration in the region.
2024 Immigration Updates: Key Legal Shifts for Employers Amid Judicial Challenges
In 2024, notable immigration law developments affecting employers include New Jerseyās new penalties for threatening to disclose workers' immigration status, and the rise of state pay transparency laws relevant to PERM and H-1B visa processes. Federal executive actions, such as the DHSās Keeping Families Together program and updated DACA guidelines, face judicial challenges, including a temporary stay on parole applications. Additionally, the Supreme Courtās ruling in Loper Bright has limited agency authority by overturning Chevron deference, which may prompt increased litigation challenging federal immigration regulations. Comprehensive immigration reform is unlikely in this election year.
Trump vs. Harris: Clash Over Immigration Policies in 2024 Race
In the 2024 US presidential race, immigration policy is a major point of contention between Donald J. Trump and Kamala Harris. Trump proposes a restrictive immigration agenda, including mass deportations, overturning the Flores settlement, ending birthright citizenship, and revoking humanitarian parole programs. He claims authority through executive actions and existing laws but faces potential legal challenges. Conversely, Harris supports a failed bipartisan border deal that emphasizes increased border security, asylum process reforms, and expanded legal immigration avenues. Her approach blends enforcement with policies favored by immigration advocates, aiming for legislative solutions to the immigration system's challenges.
State-Level Immigration Crackdown: LULAC Reports 357% Surge in 'Anti-Immigrant' Bills Since 2020
The League of United Latin American Citizens (LULAC) reports a significant increase in state-level "anti-immigrant" legislation, with 233 bills proposed in 2024 compared to 51 in 2020. Texas leads with 91 measures since 2020, including the controversial SB4 law allowing state officials to arrest and seek deportation of suspected illegal border crossers. The report highlights common legislative trends such as stricter identification laws, harsher penalties for unauthorized entries, and efforts to eliminate "sanctuary cities." LULAC argues that these GOP-led initiatives create a hostile environment for undocumented immigrants, particularly affecting the Latino community, which comprises approximately 66% of the 11.2 million undocumented immigrants in the U.S.
Mother of Murdered Child Pushes for 'Justice for Jocelyn Act' Amid Border Security Debate
Alexis Nungaray, the mother of 12-year-old Jocelyn Nungaray, who was murdered by two men who entered the U.S. illegally, testified before the Senate Judiciary Committee urging for stricter border legislation. Alongside Sen. Ted Cruz, she advocated for the "Justice for Jocelyn Act," which would mandate the detention of undocumented immigrants while their cases proceed and impose strict monitoring measures for those released. Critics, including Rep. Veronica Escobar, argued that such legislative efforts exploit victims' tragedies for political gain. However, Nungaray rejected claims of exploitation, emphasizing the need for change to prevent future tragedies.
North Carolina Legislature Expands School Vouchers and Mandates Sheriff Compliance with ICE in Controversial Bill
The North Carolina legislature passed a supplemental spending bill that expands private school vouchers by eliminating income limits and funding waitlisted scholarships, while also directing sheriffs to comply with U.S. Immigration and Customs Enforcement (ICE) detainers for serious criminal offenders. The bill, which Gov. Roy Cooper is expected to veto, could still become law due to the legislature's GOP veto-proof majority. The voucher expansion has faced criticism for diverting funds from public schools, while the ICE provision addresses concerns about public safety when sheriffs refuse to cooperate with immigration detainers. An override vote is expected in the fall.
California Governor Gavin Newsom Vetoes Bill Expanding Mortgage Aid to Undocumented Immigrants, Citing Budget Constraints
Gov. Gavin Newsom vetoed Assembly Bill 1840, which would have expanded the California Dream for All Shared Appreciation Loans program to include undocumented immigrants. The program offers interest-free loans to low-income, first-time homebuyers but has exhausted its funding. Newsom cited budget limitations as the reason for the veto, stating that expanding eligibility without additional funding was unsustainable. The bill's author, Assembly member Joaquin Arambula, argued the veto undermines fairness and the opportunity for undocumented individuals to build generational wealth. Critics of the bill raised concerns about diverting resources from U.S. citizens and incentivizing illegal immigration.
USCIS California Service Center Updates
The California Service Center (CSC) has relocated to a new facility, effective August 12, 2024, as part of USCIS's effort to centralize processing for immigration benefits. The new address is 2642 Michelle Drive, Tustin, CA 92780. Note that:
The previous mailing address will be accepted until September 30, 2024, with a two-week grace period for mail forwarding.
Form-specific filing addresses may have changed; refer to the USCIS website for guidance.
The Texas Service Center is now the designated filing location for Form I-865, with a 60-day grace period for filings previously mailed to other Service Centers.
The CSC has new addresses for paper inquiries related to Form I-751 waivers based on battery or extreme cruelty.
These changes aim to increase efficiency and centralize form intake and digitization. As a reminder, service centers do not provide in-person services or accept walk-in applications.
Visa Bulletin Highlights: Key October 2024 Updates on Immigrant Visas, SR Category Expiration, and Legislative Impacts
The Visa Bulletin for October 2024 outlines the availability of immigrant visas, detailing "Final Action Dates" and "Dates for Filing Applications" for various visa categories. Key provisions include that USCIS will use "Final Action Dates" for adjustment of status applications unless otherwise noted on their website. For family-sponsored visas, limits are set at 226,000 annually, while employment-based visas have a worldwide cap of 140,000. Notably, the bulletin mentions the expiration of the Employment Fourth Preference for Certain Religious Workers (SR) category as of September 30, 2024, and updates on the Diversity Immigrant Visa (DV) program, which may be affected by recent legislative changes. Additionally, recent amendments to the NACARA and NDAA could influence visa allocation and processing timelines.
BAL Q&A on H-1B Visa Lottery 2025 - Second Round Boost and New Multi-Employer Selection Rule
BAL discusses the H-1B visa lottery process for Fiscal Year 2025, specifically addressing the second lottery round conducted by USCIS. BAL outlines key dates and selection rates, noting that the overall registration selection rate increased to 28.7% after the second lottery. BAL explains the implications for selected beneficiaries, including the 90-day filing window ending November 7, 2024, and clarifies that selection allows employers to file petitions but doesn't guarantee visa approval. Importantly, BAL mentions a new policy where selection by one petitioner means selection by all registered employers for a given beneficiary, and BAL addresses potential scenarios for unselected registrants and changing circumstances.
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