Archive for the ‘Immigration Reform’ Category

Biden’s Early Immigration Overhaul Has Overlooked One Growing Problem: A Massive Court Backlog – GovExec.com

In his first weeks in office, President Joe Biden has made his administrations approach on immigration policy clear: reviewing or replacing four years of his predecessors hardline approaches.

In less than three weeks in office, Biden has sent to Congress a massive immigration reform bill that would provide a path to citizenship for millions of undocumented immigrants, issued executive orders to refortify the 2012 Deferred Action for Childhood Arrivals program and ordered a review of interior enforcement policies and the controversial Migrant Protection Protocols.

Advocacy groups and immigration attorneys have cheered those early steps, but warn that Bidens overall success could be limited if hes unable to tackle another problem that has been growing for years: the ever-growing case backlog in federal immigration courts. Without addressing the backlog, they say, Biden's mission of achieving a fair and equitable immigration system won't be complete.

The immigration courts and the backlog are not a physical border wall, but it is a paper border wall, said Austin Kocher, a research assistant professor at the Transactional Research Access Clearinghouse at Syracuse University, which uses Freedom of Information Act requests to track immigration court cases. Its one of the ways to keep people from participating in society in a full and complete way.

As of Jan. 1, there were 1.3 million cases pending before the countrys immigration courts, including about 360,000 asylum cases, according to TRAC data. Thats more than double the 542,411 cases pending when Donald Trump took office in 2017. Texas courts have about 162,000 pending cases, the second-largest total behind Californias 187,000. The backlog includes people from more than 200 countries.

The backlog means that asylum seekers and other undocumented immigrants often have to wait years between hearings. In El Paso courts, there was an average wait time of 715 days or just under two years between when a person was given a notice to appear before a judge and the next hearing. And that's a relatively quick turnaround: The average was nearly four and a half years in Dallas courts and 4.8 years in Houston courts, according to the TRAC data.

The backlog grew under Trump despite the former president adding hundreds of immigration judges. But that wasnt enough to contain the tsunami of new cases filed in court under the Trump administration's enforcement-heavy approach, a TRAC report states.

Leaders from both parties, including Vice President Kamala Harris, have supported appointing even more immigration judges. But simply adding more judges misses the point, said Gregory Chen, director of government affairs for the American Immigration Lawyers Association. Instead, he said judges need more freedom to use their discretion to remove or dismiss cases from their dockets that involve people the federal government doesnt deem a security or flight risk, including thousands of cases that have been pending for years.

There are also 460,000 cases in the current backlog involving immigrants who could qualify for legal status, Chen said.

Just adding more judges doesnt make the system more fair or independent, he said. "[The Department of Justice] is not a judicial body, and so what weve seen happen is the law enforcement and immigration enforcement priorities have interfered with the courts independent operation and ability to be impartial."

There is also growing pressure on Biden to address the tens of thousands of asylum seekers who have been placed in the Migrant Protection Protocols program, which sends most asylum seekers back to Mexico as they wait for their asylum hearings in American courts. As of last month, more than 70,400 people had been enrolled in the program.

Biden on Tuesday signed an executive order requiring Department of Homeland Security officials to promptly review and determine whether to terminate or modify the program." Advocates are calling for the outright end to the program, which they say Biden promised on the campaign trail.

Theres nothing to review about a policy that leads to people getting beaten, tortured and kidnapped regularly, as they wait like sitting ducks on the southern border, said Erika Andiola, the chief advocacy officer for Texas-based Refugee and Immigrant Center or Education and Legal Services, or RAICES. Everyone impacted by it over the past two years should be welcomed into our country with open arms.

Because none of Biden's early executive orders mentions the court backlog, Kocher said he hopes Bidens proposed immigration bill addresses it.

Biden has been in office for less than a month, so it is too early to draw conclusions about where the court backlog fits within his priorities, he said. The only thing we know for certain is, these 1.3 million people must be taken into account or the integrity and legitimacy of our immigration system will continue to be undermined and mired in dysfunction.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2021/02/04/joe-biden-immigraton-court-backlog/. The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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Biden's Early Immigration Overhaul Has Overlooked One Growing Problem: A Massive Court Backlog - GovExec.com

Biden Continues Dismantling Trump Immigration Policy As Advocates Push For Comprehensive Reform – Here And Now

President Bidens first weeks in office have been spent dismantling many of his predecessors policies on immigration.

Biden signed three executive orders on Tuesday aimed at undoing changes Trump made to U.S. immigration policy, creating a task force to reunite families separated at the border and ordering a review of Trump's immigration practices.

This is in addition to a broad plan Biden unveiled on his first day in office that would carve a path to citizenship for the more than 11 million immigrants who are living in the U.S. illegally, among other reforms.

This shows the presidents desire to make a clean and aggressive break with the Trump administration, says Ali Noorani, president and CEO of the National Immigration Forum.

If there's anything that President Trump defined his administration on, it was being as anti-immigrant as possible, he says.

A direct vision on immigration reform was missing from the Obama administration, he says, in contrast to Bidens clear moves on the matter only days into his presidency.

Noorani says immigration reform has a long history of enjoying bipartisan support. Congress can quickly address some issues pertaining to those with temporary protected status such as the so-called DREAMers in the Deferred Action for Childhood Arrivals program and migrant farmworkers by moving legislation that was already passed in the House. Passing that legislation alone would address about 3 million to 4 million immigrants living in the U.S. illegally, he says.

Taking swift action to improve policies for those with temporary protected status shows the nation that immigration reform is good for the American worker, good for their families, Noorani says.

So far, Bidens executive orders have gotten the U.S. back to square one. Activists are pushing for a complete overhaul of the terribly antiquated immigration system, which hasnt been reformed in decades, he says.

Comprehensive reform to Noorani includes the legalization and a path to citizenship for the 11 million immigrants living in the U.S. illegally. More than 5 million immigrant workers have been on the frontlines of essential labor during the COVID-19 pandemic, he points out.

To address the future needs of legal immigration, Bidens plan needs to lay out a vision for work and family visas, he says, because the U.S. must increase legal immigration by about 317,000 people per year in order just to maintain the old age dependency ratio.

The third piece of an all-inclusive reform plan would be reassessing the immigration enforcement system to include measures based on actual risk.

A border wall is not based on any sort of a risk, he says. Securing and resourcing ports of entry that's actually based on data because the majority of drugs, guns and money are smuggled through ports of entry. That's what we should be fortifying.

The pandemic has only made immigration in the U.S. more complicated. The massive immigration backlog since visa applications were suspended last April has already surpassed the projected growth rate of increasing legal immigration by 317,000 people per year. About 380,000 visa applications are waiting for review.

Noorani says Bidens executive orders this week will begin chipping away at the visa application list.

In past administrations, theres been bipartisan support for certain immigration reforms, but the spirit of cross-aisle cooperation has eroded in Washington in recent years. But Noorani remains hopeful because of the many different options for reform.

He says Democrats can engage Republicans who were just turned off by the Trump administrations approach to immigration. And if Democrats dont have enough support from their GOP constituents, the Senate could also forge ahead on a party line vote and have Senate Democrats blow up the filibuster, for example.

He says it would be a smart move for Democrats, particularly in the Senate, to begin making moves on immigration because theres a history and theres a desire for change.

Alexander Tuerkproduced and edited this interview for broadcast withTinku Ray.Serena McMahonadapted it for the web.

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Biden Continues Dismantling Trump Immigration Policy As Advocates Push For Comprehensive Reform - Here And Now

Immigration ReformTime to Get It Right – Farm Bureau News

We are long overdue for immigration reform that fixes our guest worker visa system and provides stability for those currently working in agriculture. In every region of the country I visit, I hear from farmers who are facing shortages and delays in hiring skilled employees to help keep up with the demand for safe, sustainable American-grown food, fiber and renewable fuel. Workforce shortages have been one of the greatest limiting factors for growth in U.S. agriculture, and its time we find a solution that works for all.

Its good to see renewed energy and enthusiasm from the Administration around addressing this complex issue. Farm Bureau has long called for immigration reform that addresses the needs of our current farm employees while ensuring agriculture can continue to fill its workforce needs. Its been about 35 years since Congress last passed a comprehensive reform bill, and a lot has changed in agriculture over that time. Responsible immigration reform will take all of us working together to get it right.

The current farm workforce is aging, and farmers are struggling to keep up with filling positions.

A robust agriculture industry is essential to our economy, national security and environmental sustainability. We must work together to ensure U.S. agriculture has the resources it needs to continue to provide and fill these essential farm jobs.

While advances in robotics have replaced some farm jobs, we need skilled employees to manage that equipment. Other farm jobs like tending livestock and pruning or picking fresh produce still require a human touch. Farmers pay competitive wages, in addition to added benefits under the H-2A program, but its a constant challenge to recruit and retain employees. Ive met with farmers who have even added benefits such as on-site cafeterias and health clinics for employees to promote well-being and increase employee retention, and they still face workforce shortages. We also recognize not all growers are able to undertake these initiatives to attract new employees. Other smaller-sized farms have built long-term relationships with their employees as they work side-by-side building the business together. Yet, staffing remains a challenge.

Even with competitive wages and added benefits, there is less interest in farm jobs as folks leave rural areas and are more removed from the farm. Meanwhile the current farm workforce is aging, and farmers are struggling to keep up with filling positions. Margins are slim even in the best seasons on the farm, and farmers can find it hard to stay competitive with other industries and lower-priced agricultural imports.

Demand in the H-2A program has grown significantly in recent years, and theres no sign of that slowing down. The number of certified H-2A positions has increased more than three times compared to 10 years ago, according to DOL data. But the program falls short in giving the flexibility employers and employees need. Delays in processing applications have often left farmers without the workers they need in time for harvest, even before the pandemic. Crops shouldnt be left to rot while paperwork sits in an agency inbox.

U.S. agriculture needs a flexible guest-worker program that allows contract and at-will employment options that work for both seasonal and year-round needs on the farm. We also need to make sure wage requirements take into account the economic conditions of the agriculture industry and enable farms to remain viable. The American Farm Bureau is ready to work with the Administration and Congress to bring these long overdue reforms to our guest worker program to help provide long-term security to our employees, farm businesses and the rural economy.

Theres no question that farm work is tougheveryone puts in a full days work when it comes to tending and harvesting crops and caring for animals. Farmers know how hard this work is because we have invested our sweat and tears in the soil, often for generations. Its time we find a solution that provides farmers, our employees and our families the stability we all need to keep Americas farms growing.

Zippy DuvallPresidenttwitter.com/@ZippyDuvall

Vincent Zippy Duvall, a poultry, cattle and hay producer from Greene County, Georgia, is the 12th president of the American Farm Bureau Federation.

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Immigration ReformTime to Get It Right - Farm Bureau News

Meet the 7 congresswomen who are steering Biden’s immigration agenda in the House – USA TODAY

The president says he wants a government as diverse as America when he enters the White House. Here are some of his Executive Branch picks. USA TODAY

In one of her first days in Congress nearly two decades ago,Rep. Linda Snchez remembersbeing told by a friend on Capitol Hill that there are two types of lawmakers: a workhorseorashowhorse.

Snchez said she's the kind of lawmaker who wants to get things done.

Now, the California congresswomanhas taken the lead in putting together a group of seven women, who she described as workhorses,who will shepherdthelegislative efforts to getPresident Joe Bidens immigration reform billthrough theHouse of Representatives.

"I can unequivocally say that every woman that is part of this 'Closers' group is a workhorse,"Snchez saidin an interview with USA TODAY."They're not doing it for the glory or for the credit. They are in it to get (immigration reform)done once and for all. It's long overdue."

Biden has called for aneight-yearpathway to citizenship forthenearly 11 million immigrants living in the United States without legal status, a shorter process to legal status for agriculture workers and recipients of theDeferred Action for Childhood Arrivals program, and an enforcement plan that includes deploying technology to patrol the border.

While they arein the early stages ofputting together their legislativestrategy on the immigration plan,the seven congresswomen will likely become the face of the bill in the House, as they continue to work closely with the White House to pass the first comprehensive immigration reform legislation in more than 30 years.

More: Biden's effort to reunite Trump-era separated families is trickiest immigration challenge

The group, who call themselves the Closers,includesReps. Zoe Lofgren, D-Calif.,Lucille Roybal-Allard, D-Calif.,Nydia Velzquez, D-N.Y., Judy Chu, D-Calif., Yvette Clarke, D-N.Y., and Karen Bass, D-Calif.

Snchez, chairwoman of the Congressional Hispanic Caucus Immigration Task Force,said she chose this group of congresswomen because of their past work on immigration, in addition to several of the congresswomen serving districts that have large migrant communities.

For example,Roybal-Allard, the firstMexican Americanwoman to be elected to Congress, represents Californias 40th Congressional District, which is home to the highest DACA-eligible population in the UnitedStates.Chu,whose district covers parts ofLos Angeles and San Bernardino counties, has worked frequently on immigration issues, with a focus on Asian and Pacific Islander migrants.

Immigrant rights activists energized by a new Democratic administration and majorities on Capitol Hill are gearing up for a fresh political battle to help push through President Joe Biden's proposed immigration bill. (Jan. 26) AP Domestic

The group has representatives from the Congressional HispanicCaucus, Congressional BlackCaucus and the Congressional Asian Pacific American Caucus.

"They are women that sort of reach ...all four corners of the caucus," Snchez said. "They can really fan out and touch all constituencies within our caucus."

More: Asylum seekers at US-Mexico border see hope in Biden administration immigration changes

Bass and Clarke, who is a daughter of Jamaican immigrants, have frequently worked on immigrationthrough the CBC.

I have seen glaring inequities and civil rights violations, and I will not relent until our immigration system reflects a modern and equitable approach to this issue. Reversing the policies of the last four years is not enough,Clarke said in a statement.

Passing immigration reform will be a challenge. And the group of lawmakersmay try topush through legislation that already passed in the House such asthe Farm Workforce Modernization Actand the No Ban Act in addition to Bidens immigration reform plans, Chu told USA TODAY. There are also talks that comprehensive immigration reform legislation may be broken up into several bills rather than onelarge bill.

The Farm Workforce Modernization Act creates a pathway to legalization for agricultural or farm workers, as well as reforms the existing visa program for agriculture workers, known as the H-2A visa.The No Ban Act would prohibit religious discrimination in visa applications, as well as revoke Trump's travel ban. Biden has already rolled back the former president's travel ban from several Muslim-majority countries.

Biden has included aspects of these bills in his own legislative package.

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Chu told USA TODAY that the group will have to look at the legislative text before deciding on a plan to move forward.

"The means by which we do it still remains to be seen," Chu said of passing Biden's immigration reform legislation. "It could be one big bill, or it could be different bills."

The last time comprehensive, bipartisan immigration legislation was brought up in Congress was in 2013.

Although no legislation was passed, former President Donald Trump during his administration took a hardline approach to immigration. He had several controversialpolicies, such as his zero tolerance policy that led to the separation of children and parents at the U.S.-Mexico border and attempted to end the Deferred Action for Childhood Arrivals program. The Supreme Court upheld thatprogram in a ruling last year.

Biden has rolled back some of Trumps controversial policies through executive order such as haltingconstruction on the border wall at the U.S.-Mexico border.Press Secretary Jen Psaki said Thursday afternoon that the president will also sign more executive actions next week.

The White House doesnt have a timeline on when they want to see legislation presented and passed, butPsaki said last week that we would like to see them move forward quickly on immigration reform.

Biden is trying to get several large legislative packages through Congress, including a COVID-19 relief package. This is all happening amid an impeachment trial in the Senate for Trump, who was impeached earlier this month.

Snchez said she has been in contact with the White House and is working with them on legislation, as well as with Sen. Bob Menendez, who is leading Biden's immigration reform in the Senate.

Undoing Trump's policies: A look at Biden's first week as president

But the California congresswoman also acknowledged that the group of 'Closers' will also have to get Republicans and more moderate members on board to come up with legislation that can pass in both chambers of the house. However, outreach to other members of Congress likely won't happen until bill text is released.

Snchez said the members will reach out to hear the fear and concerns from not only members of Congress, but of activist groups.

Republicans so far have voiced concern about Biden's legislation not doing enough for security along the border and criticized the pathway to citizenship for all immigrants living in the U.S. without legal status. Republicans argue that giving undocumented immigrants a path to citizenship amounts to amnesty. Biden has also been criticized by some Republicans for introducing legislation on Day One of his presidency, as the nation still grapples with an ongoing pandemic.

House Minority Leader Kevin McCarthy, R-Calif., has previously said Bidens bill would prioritize help for illegal immigrants and not our fellow citizens.

Snchez said that while getting immigration reform passed will be a "collective effort," it's one that must happen even if it looks different than what Biden has proposed.

"What is non-negotiable is inaction,"she said. "We want to deliver. We will get this done."

Here are the members of the 'Closers:'

Rep. Linda Sanchez, D-Calif., ischairwoman of the Congressional Hispanic Caucus Immigration Task Force and will be leading the group of 'Closers' for Biden's immigration reform legislation. She has worked on legislation regarding immigration and supported legislation like theDream and Promise Act, which provides a pathway to citizenship for Dreamers.

Rep. Judy Chu, D-Calif., (center) and other lawmakers speak to reporters about the 2020 Census on Capitol Hill in Washington on March 5, 2020.(Photo: J. Scott Applewhite, AP)

Rep. Judy Chu, D-Calif., is chairwoman of the Congressional Asian Pacific American Caucus. She has written legislation like the No Ban Act. Aspects of that legislation were included in Biden's immigration reform proposal.

Rep. Karen Bass (D-CA) speaks at a House Judiciary Committee meeting on Capitol Hill on June 17, 2020, in Washington, D.C.(Photo: Kevin Dietsch/Pool/Getty Images/TNS)

Rep. Karen Bass, D-Calif., is chair of the Congressional Black Caucus and has led efforts to work with the Congressional Hispanic Caucus and theCongressional Asian Pacific American Caucus on immigration reform. She has also focused on elevating discussions on the African migrant experiences.

Rep. Zoe Lofgren asks questions to former special counsel Robert Mueller.(Photo: Andrew Harnik, AP)

Rep. Zoe Lofgren, D-Calif., was the chairwoman of the House Judiciarys Subcommittee on Immigration and Citizenship in the last Congress, and will likely be the incoming chairwoman of that subcommittee. She has worked extensively on immigration reform and was previously practiced immigration law.

Rep. Lucille Roybal-Allard (D-Downey) joined other lawmakers in asking President Obama to protect young immigrants who gave their information to the government under the Deferred Action for Childhood Arrivals program.(Photo: Bill Clark/CQ Roll Call)

Rep.Lucille Roybal-Allard, D-Calif., was theoriginal co-author of the Dream Act in the House, which provides a pathway to citizenship for Dreamers. She also helped pass the latest version of that legislation, which also offers a pathway to citizenship fortemporary protected status or deferred enforcement departure holders, in the House in 2019. The legislation, however, was never brought up in the Senate.

Rep. Yvette Clarke, D-N.Y.(Photo: Bebeto Matthews, AP)

Rep. Yvette Clarke, D-N.Y., also helped co-lead the 2019Dream and Promise Act to get it passed in the House. Clarke, a daughter of Jamaican immigrants, was also chair of the Congressional Black Caucus Immigration Task Force.

Rep. Nydia Velazquez, D-N.Y., and others participate in an event with DACA (Deferred Action for Childhood Arrivals), TPS (Temporary Protected Status), and DED (Deferred Enforced Departure) recipients on Capitol Hill in Washington, D.C., on March 6, 2019.(Photo: Brendan Smialowski, AFP/Getty Images)

Rep. NydiaVelzquez, D-N.Y., is the former chair of the Congressional Hispanic Caucus.Velzquez,the first Puerto Rican woman elected to serve in Congress, also helped co-author the Promise Act that passed in 2019.

Migrants are awaiting word from the new Biden administration on changes to U.S. immigration policy that they hope will allow them into the country. Biden's proposal would create an eight-year pathway to citizenship for millions of immigrants. (Jan. 20) AP Domestic

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Immigration reform can’t wait | TheHill – The Hill

Its finally a new day in America. A day immigrants like myself have been hoping and praying for an end to the former administrations cruel and inhumane policies that attempted to strip our community of its humanity.

President Bidens executive actions ending the Muslim ban, halting the construction of the border wall and freezing deportations and his introduction of the U.S. Citizenship Act of 2021 are critical first steps to recognizing immigrants' value and contributions to this country now, during this pandemic, and throughout history.

But immigrant rights advocates, many of us who have been in this fight for decades, cant help but feel wary. We still remember then-candidate Barack ObamaBarack Hussein ObamaGulf grows between GOP's McConnell, McCarthy Barack Obama to Michelle: 'I understand completely why you are a fashion icon' Press: Memo to McCarthy: 'Cut the crap' MORE making the exact same pathway to citizenship promise in 2008. As a former undocumented immigrant and young activist, I remember the sense of hope that accompanied President Obamas election. But I also recall the sense of defeat I, and so many others, felt eight years later. When Obama left office, the long-promised pathway to citizenship remained a pipe dream and he had deported more people than any previous administration a record not even Donald TrumpDonald TrumpGeorgia secretary of state opens investigation into Lin Wood over illegal voting allegations Schiff lobbying Newsom to be appointed California AG: reports Capitol Police Officer Brian Sicknick lies in honor in Rotunda MORE topped.

The Biden/Harris administration has a critical opportunity to create an America that actually lives up to the words etched along the base of the Statue of Liberty. This is the America my parents spoke to me and my sister about when we joined them in the States from Guyana when I was 10 years old. A land of opportunity, a welcoming and thriving country that knew that what it gave its people, they would give back in multitudes. Thats the vision of America that has been lost in Washington, but its a vision the immigrant community and I have not stopped fighting to realize.

If there was one lesson I learned from the Obama years, it was that Democratic control of Washington does not guarantee justice for my community. It is a lesson I plan to apply during the Biden/Harris administration. We must now start down the long path towards justice. To begin, the organization I lead, the New York Immigration Coalition, has committed to spend $1 million to rally every single member of Congress from New York including Senate Majority Leader Chuck SchumerChuck SchumerCapitol Police Officer Brian Sicknick lies in honor in Rotunda Democrats offer resolution denouncing white supremacists ahead of Trump trial Lobbying world MORE (D-N.Y.) to transform our immigration system.

The sweeping immigration bill President Biden introduced on his first day in office includes a path to citizenship for the 11 million immigrants living in the United States and will erase the heinous legacy of the last four years by restoring the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) programs, improving immigration courts and reuniting the still-separated families.

While this is a welcome first step, we must remain vigilant to ensure we dont fall back on restoring the status quo, where real immigration reform falls through the cracks and my community is forced back into the shadows. I remember what it was like growing up undocumented and feeling that daily sense of uncertainty until I became a citizen 10 years later. And now, it is extremely painful to see members of my family who are tax-paying, law-abiding members of their communities and who love this country denied the ability to fully participate in it.

They are thankful to the immigrant voters that came out in record numbers to push President Biden and Vice President Harris to victory. From Arizona to New York, millions of immigrants braved a pandemic, a full-blown voter suppression campaign, and a federal government hostile to our very existence to vote.

But we did not fight this hard to settle for a reset to the days before Donald Trump. The brutal reality is that this country has failed immigrant communities long before Trump came to the White House. This is the reality my family lives with every day.

Ending this entrenched injustice and transforming our immigration system will not be easy. But this is a historic opportunity that we cant let slip by. We need to restore humanity and justice to our immigration system, stop deportations and detentions, increase our refugee limits and reinstate a real asylum process for those fleeing persecution.

Donald Trumps presidency was a devastating descent into hate but Trump didnt create the bigotry he stoked; its been there for many, many years. As we build back better, we have an opportunity to not just erase the damage of the last four years, but to move to a new future for immigrants in America, reset our place in the world and finally become that true beacon of hope. We demand President Biden and our members of Congress seize it.

Rovika Rajkishun is co-executive director of the New York Immigration Coalition.

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