The Biden Administration has put forward a proposed rule that, if accepted, would make it significantly harder for some asylum seekers to obtain asylum when they come to the U.S. This rule would prevent anyone who traveled to the United States after passing through another country from seeking asylum, unless they also first sought asylum in those other countries. For many asylum seekers, this “transit ban” could have a negative impact on their ability to obtain asylum and remain in the U.S. legally.
In a new proposed bipartisan bill, several U.S. senators are looking to find a compromise solution to issues related to border security, as well as help for DREAMers (immigrants who were born outside of this country, but came to the U.S. at a young age.) The bill, if passed, would introduce a number of dramatic changes aimed at reducing the number of immigrants in detention facilities, as well as introduce a potential path to citizenship for undocumented immigrants who came to the United States as children. However, the bill faces an uphill battle to obtain passage, with some members of the House and Senate already announcing their opposition.
In a ruling passed down on November 15, a district court judge struck down Title 42, a pandemic-era policy intended to make it harder for many immigrants to seek asylum in the United States. According to the ruling, the policy was not passed in accordance with the Administrative Procedures Act, making it illegal under federal law. This means that asylum seekers will have an easier time pursuing legal protections when they cross the border into the U.S.
When an immigrant comes to the United States for work or family purposes, they must have an appropriate visa. Without this visa or other immigration documentation, they are at risk of immigration consequences, potentially leading to deportation proceedings and removal back to their country of origin. Here are five of the most common ways that immigrants have their visas revoked, potentially resulting in the risk of removal:
A federal court has approved a settlement between beneficiaries of the Military Accessions Vital to the National Interest (MAVNI) program and the United States government, allowing more participants in that program to obtain military naturalization. The settlement, once implemented, will allow foreign citizens who served in the U.S. Army with “uncharacterized” discharges, as well as those currently serving in the Army, to pursue U.S. citizenship. For many who served in the military, this is a welcome development that could help them on the road to naturalization.
In a recent announcement, the Biden Administration announced it will be formalizing a rule to reinstate the Deferred Action for Childhood Arrivals (DACA) program. This rule, once made into an official regulation, will help to protect hundreds of thousands of undocumented immigrants who arrived in the United States as children. It may also help to protect the program from legal challenges that have threatened to undermine it.
The Supreme Court of the United States has certified, in a 5-4 ruling, that the “Remain in Mexico” policy put into place during the previous presidential administration can end. The policy, which forced asylum seekers to wait in Mexico while awaiting hearings in immigration court, was kept in place after a lawsuit was filed by the State of Texas to keep the Biden Administration from ending it. With this ruling, the policy can finally end, allowing asylum seekers to cross the border once more to seek refuge in the United States.
The Supreme Court has refused to reinstate an immigration detention policy by the Biden Administration that would direct Immigration and Customs Enforcement (ICE) officers to prioritize immigrants who threaten national security or public safety. The ruling comes after a decision by a Texas district court judge, who ruled that the policy violated federal law. The Department of Justice (DOJ) requested the policy be allowed to remain in place while the decision was being appealed, but the Supreme Court rejected their request.
The Department of Homeland Security (DHS) has announced that it is offering Temporary Protected Status (TPS) for Afghanistan citizens currently living in the United States, as of May 20, 2022. This will allow Afghanis currently residing in the U.S. without other legal status to apply for special protection. This will allow them to legally remain in the United States, and also apply for work authorization.
The immigration system can be incredibly complicated at times, and one particular point of confusion for many people is the difference between permanent residency and naturalization. However, the legal distinction is extremely important, and can have a significant impact on the potential consequences you may face if you ever find yourself in legal trouble. So what is the difference between being a permanent resident, and being a naturalized citizen?