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Weekly Immigration Bulletin: September 23, 2024

Poll: Majority of Voters Back Trump's Mass Deportation Plan


A recent Scripps News/Ipsos poll reveals that 54% of voters support Donald Trump's proposed mass deportation of undocumented immigrants, with 86% of Republicans and 25% of Democrats backing the policy. This proposal is part of the Republican Party's immigration policy, aiming to expel 11 million people from the country. Notably, securing the southern border with Mexico is identified as the top immigration priority, with 69% of voters supporting limited asylum applications and 62% advocating for local law enforcement's ability to detain immigrants.

From a legislative perspective, some conservative states have introduced laws making irregular immigration a crime, allowing local police to arrest and detain suspected undocumented immigrants. However, federal law reserves the power to detain immigrants. Additionally, concerns about non-U.S. citizens voting in elections have been raised, despite experts assuring that such instances are extremely rare. The SAVE Act, proposed by House Speaker Mike Johnson, aims to require proof of citizenship documentation for voter registration, but critics argue this could disproportionately impact eligible voters, particularly those from minority groups.


 

ICE Faces Legal Challenge Over Detention of Venezuelan Ordered To Be Removed


Four Venezuelan migrants have filed a lawsuit challenging their prolonged detention at the Otero County Processing Center in New Mexico, citing due process violations. The migrants, who passed credible fear interviews, have been held for 9-11.5 months after an immigration judge ordered their removal. However, repatriation to Venezuela is complicated due to deteriorating US-Venezuela relations. The lawsuit alleges that indefinite detention violates the Immigration and Nationality Act and the Fifth Amendment's Due Process Clause. As of March 2024, approximately 4,379 Venezuelans were in ICE custody nationwide. The plaintiffs seek immediate release from ICE custody, citing severe psychological and physical harm caused by prolonged detention.


 

Cards Against Humanity Sues Elon Musk for $15M Over Texas Land Dispute Cards Against Humanity has filed a $15 million lawsuit against Elon Musk and SpaceX, alleging trespassing and property damage in Texas. The disputed land was purchased in 2017 to thwart Donald Trump's proposed border wall. Cards Against Humanity claims SpaceX used the property without permission for six months, clearing vegetation and storing construction equipment, causing $15 million in damages.


 

USCIS Reaches H-2B Cap for First Half of Fiscal Year 2025

The U.S. government has announced that the congressionally mandated cap of 33,000 H-2B visas for the first half of fiscal year 2025 has been reached, with September 18 as the final receipt date for new cap-subject petitions. Certain categories of H-2B petitions remain exempt from the cap, including extensions, changes of employer, and workers in specific industries or locations. The H-2B program, utilized by U.S. businesses for temporary nonagricultural jobs, has an annual cap of 66,000 visas set by Congress, divided equally between the first and second halves of the fiscal year.

 

USCIS Extends Deferred Enforced Departure for Liberians to 2026, Outlines EAD Procedures


On June 28, 2024, President Biden extended Deferred Enforced Departure (DED) for eligible Liberians through June 30, 2026, covering individuals continuously present in the U.S. since May 20, 2017. USCIS has published a Federal Register notice outlining procedures for DED-covered Liberians to apply for Employment Authorization Documents (EADs) valid until June 30, 2026, and has automatically extended certain existing DED-related EADs. The notice also provides information on travel authorization and the application process for EADs, emphasizing USCIS's commitment to fair and efficient adjudication of each case.


 

Watch: How Will Immigration Shape the US Presidential Election?


An Aljazeera Inside Story explores both candidates for U.S. President policy positions on immigration. 


 

Advocates Urge Harris to Shift Immigration Policy Amid Criticism of Asylum Restrictions


Kamala Harris’ immigration platform, while showing promise, has drawn criticism from advocates for its rightward shift towards deterrence-based policies, particularly regarding asylum restrictions when migrant encounters reach certain levels. As Vice President, Harris focused on addressing root causes of migration in Central America through economic investment and anti-corruption initiatives, a strategy seen as a departure from Trump-era enforcement-heavy policies. Immigration experts are concerned about Harris’ support for a bipartisan bill that limits asylum access, though they commend her advocacy for parole and Temporary Protected Status. Advocates hope that, if elected president, Harris will take a more humanistic and holistic approach to immigration reform while addressing the system's resource constraints and legislative deadlock.


 

USCIS Updates EB-5 Policy, Strengthens Investor Protections and Enforcement Measures Under RIA


The EB-5 Reform and Integrity Act of 2022 (RIA) introduced significant oversight measures for the EB-5 investment immigration program, and recent updates to the USCIS Policy Manual clarify the consequences of noncompliance by regional centers, new commercial enterprises (NCEs), and job-creating entities (JCEs). The updated guidance outlines sanctions such as suspension, debarment, and termination for violations, and ensures protections for "good faith" investors, allowing them to retain eligibility for permanent residency despite misconduct by involved entities. Pre-RIA and RIA investors are afforded certain protections, including the ability to re-associate with compliant entities or make new investments to meet job creation requirements. The policy emphasizes the need for due diligence by EB-5 participants and provides a clear process for imposing sanctions, enhancing USCIS’s enforcement capabilities under the RIA.


 

Governor Newsom Vetoes Bill Allowing Undocumented Student Employment, Citing Federal Legal Concerns


California Governor Gavin Newsom vetoed Assembly Bill 2586, which would have allowed public universities to hire undocumented students, citing concerns over potential civil and criminal liability for state employees under federal immigration laws. The bill aimed to provide employment opportunities to undocumented students at the University of California, California State University, and community colleges, but faced legal risks due to federal prohibitions on hiring undocumented individuals. Newsom's veto follows concerns from UC and CSU about jeopardizing federal funding and legal compliance. The bill had garnered significant legislative support but raised complex constitutional and federal preemption issues, with legal scholars proposing a theory that the federal hiring ban may not apply to states. Legislators plan to revisit the issue in 2025.


 

Alabama Sued Over Voter Purge Targeting Naturalized Citizens Ahead of Election

Voting rights groups have sued Alabama's Secretary of State, Wes Allen, challenging a voter purge targeting 3,251 individuals flagged due to previously having noncitizen identification numbers, including naturalized citizens. The lawsuit argues that this process disproportionately impacts naturalized citizens who had obtained citizenship after receiving noncitizen IDs, thus wrongfully removing them from voter rolls. Allen acknowledges that some flagged individuals may now be citizens and could re-register to vote upon verification. Plaintiffs seek to stop the policy, alleging it unlawfully disenfranchises naturalized citizens ahead of the November election.

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