Ellen Sullivan, Author at Marriage Green Card and Citizenship Attorneys

TPS and DED: Venezuela

March 11, 2021

Recently, Biden’s Secretary of Homeland Security Alejandro Mayorkas designated Venezuela for Temporary Protected Status (TPS). This allows Venezuelan nationals and individuals without nationality who last resided in Venezuela to file TPS applications. It is only open to individuals who can prove continued residence in the United States since March 8th, 2021. There will be a 180-day registration period. TPS will last 18 months, until September 5th, 2022. The decision comes in response to humanitarian concerns about the conditions in Venezuela.

The announcement expands upon former president Donald Trump’s January 19th, 2021 memorandum, which deferred the removal of Venezuelan nationals for 18 months, through July 2022. Individuals eligible for this Deferred Enforced Departure are also eligible to apply for Employment Authorization Documents. The DED memorandum excludes those:

Who are inadmissible under Section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable under Section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4))
Who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet the criteria set forth in Section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A))
Who are subject to extradition
Whose presence in the United States the secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety
Whose presence in the United States the secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States

Learn more about the filing process for an Employment Authorization Document here: https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-venezuela

House of Representatives Delays Vote On U.S. Citizenship Act

March 9, 2021

The House of Representatives has delayed the vote on Biden’s U.S. Citizenship Act until April. The vote was originally scheduled for March, but House Speaker Nancy Pelosi expressed concern about the shortage of necessary votes. Arizona Representative Tom O’Halleran said the bill was “just not quite ready yet” and House Judiciary Chair Jerry Nadler mentioned the need to “engage in some consultations with key members and stakeholders.”

While the vote on Biden’s main comprehensive immigration bill has been postponed, two more narrow immigration bills will still be facing the House this March. Both are standalone bills, reintroduced this past Wednesday after previously passing in the House chamber in 2019. One is the American Dream and Promise Act. This would provide DACA recipients, those under Temporary Protected Status, and individuals with Deferred Enforced Departure protection from deportation. It would also grant them an opportunity to obtain permanent legal status in the United States. The other bill, the Farm Workforce Modernization Act, would create a pathway to citizenship for undocumented agricultural workers while also reforming the current H-2A temporary agricultural work visa program. The two bills will easily pass the House, and many political observers are optimistic about the bipartisan support it has received. The U.S. Citizenship Act of 2021, on the other hand, faces a more uncertain future. Hopefully, it will garner more support in the next month.

Read Our Previous Coverage of the US Citizenship Act Here: https://ellensullivanlaw.com/president-biden-sends-progressive-immigration-bill-to-congress/

The Fight For Family Reunification In the United States

March 3, 2021

This Monday, Homeland Security Secretary Alejandro Mayorkas announced a new policy regarding family reunification. Separated migrant families will now have the option to be reunified in either the United States or their home countries. Furthermore, the Biden administration plans to offer families reuniting within the United States more support and opportunities to stay in the country. The decision came from the Biden administration’s reunification task force, established solely to reunite the families separated under the harmful policies of the Trump administration. In his briefing, Secretary Mayorkas described this separation of families under Trump as “the most powerful and heartbreaking example of the cruelty that preceded this administration.”

The decision to offer migrants the opportunity to reunite in the United States follows the admirable efforts of the teams of pro-bono lawyers representing migrant families in a federal lawsuit. The attorneys stressed the difficult choice migrants are forced to make–parents must either bring their children back to dangerous situations in their home countries, or remain separated. These lawyers have been calling on the Biden administration to take action immediately to offer these families restitution and protection.

Unfortunately, the Department of Homeland Security’s statement was brief and lacked exact details. Secretary Mayorkas also warned that progress will take time. Despite these disappointments, however, the decision is a promising update in the Biden administration’s “moral imperative” to reverse Trump’s harmful family separation policies. There will surely be more positive changes to come, as indicated by the Department of Homeland Security’s consideration to extend the policy to separated siblings.

President Biden Ends Trump-Era Green Card Freeze

March 1, 2021

President Joe Biden lifted Trump’s temporary freeze on green cards this past Wednesday. Former president Trump had halted the issuance of green cards last spring in response to the pandemic. In his 2020 proclamation, Trump deemed immigrants a “risk to the U.S. labor market.” This original order applied to the entirety of 2020, and was later extended to the end of March.

Trump’s freeze blocked the majority of legal immigration to the country. About 120,000 family preference visas were lost. Employment based visas were limited only to those considered beneficial to national interests, such as healthcare workers. Visa lottery winners were denied. A large portion of immigrants were unable to bring over family members. These blocked visas only added to the growing visa backlog.

Biden’s Wednesday proclamation offered hope to these groups barred by Trump’s policy. Before revoking Trump’s proclamation, the president emphasized that shutting out legal immigrants “harms the country” and “does not advance the interests of the United States.” He shared his sympathy with families separated by the restrictions and individuals selected by the immigration lottery that had their opportunities delayed.

Trump’s action was wrong, intended primarily to circumvent the law and further harm immigrants. While many hoped Biden would act far sooner on the matter, at least action has finally come, and another barrier has been lifted. Hopefully those who were unable to obtain green cards due to this freeze will be able to actualize their hopes soon.

Read Biden’s Proclamation Here: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/a-proclamation-on-revoking-proclamation-10014/

Biden Scraps Trump-Era Changes to Citizen Test

February 25, 2021

U.S. Citizenship and Immigration Services confirmed their plan to scrap Trump’s citizenship test this past Monday. In early December 2020, Donald Trump made several changes to the U.S. Citizenship Test that complicated the exam. Its length was doubled, the number of possible questions increased, and some answers were altered with a conservative bias. Furthermore, very little notice was given in advance of these changes, limiting the time available for participants to properly prepare. Many critics believe these changes slowed down the process and discouraged many applicants.

The Biden administration will now be reverting back to the 2008 version of the exam. U.S. Citizenship and Immigration Services will allow some immigrants who filed their naturalization applications between December 1st and March 1st to take either test, since many have already begun preparing for the 2020 version. However, all applicants whose first naturalization interviews take place after April 19th will have to take the 2008 version of the exam, regardless of when they filed their naturalization applications. Hopefully, the change will make the process easier and more efficient for applicants, and remove yet another barrier on their pathway to citizenship.

ICE Announces New Deportation Priority Groups

February 22, 2021

US Immigration and Customs Enforcement Director Tae Johnson announced new deportation priority groups in a memo released Thursday. The agency will now prioritize those who pose a threat to public safety or national security for deportation. National security threats are defined as noncitizens suspected of terrorism or espionage, while public safety threats refer to noncitizens convicted of aggravated felonies or involved in criminal organizations. ICE officers must consider the “extensiveness, seriousness, and recency of criminal activity” when evaluating the individual as a threat to public safety. The memo also includes new arrivals in this priority deportation list, specifically those who arrived in the United States after November 1st, 2020.

The memo includes some positive provisions as well. It erects administrative barriers to mass deportations and implements oversight measures. Officers are also required to examine “personal and family circumstances, health and medical factors, ties to the community, evidence of rehabilitation and whether the individual has potential immigration relief available” before considering someone for priority deportation.

The move is a significant improvement in immigration policy when compared to the policies of previous presidents. The Obama administration targeted noncitizens with only one “significant misdemeanor.” Even worse, any immigrant could have been targeted by ICE regardless of their background during the Trump-era. However, many progressives raise the concern that Biden was not able to break fully from the deportation policies of the past. Hopefully, the Biden administration will continue to weaken ICE even further and preserve the rights of all immigrants.

Read the Full Official Memo Here: https://www.ice.gov/doclib/news/releases/2021/021821_civil-immigration-enforcement_interim-guidance.pdf

Department of Homeland Security Scraps Trump ICE Union Policy

February 19, 2021

On Tuesday, the Department of Homeland Security scrapped a Trump-era contract that could have allowed a union of deportation officers to stall the implementation of Biden’s immigration policies. A whistleblower complained the contract would grant AFGE National ICE Council 118 “veto authority” over certain policy decisions at ICE. AFGE National ICE Council 118 has thousands of members and has repeatedly endorsed Donald Trump. The contract granted the organization extraordinary powers, and the complaint argued these excess benefits were granted based on their affiliation with Donald Trump. The whistleblower accused Ken Cuccinelli, the DHS official who signed the agreement, of “gross mismanagement, gross waste of government funds and abuse of authority.”

A spokesperson for the Department of Homeland Security has assured that ICE and the union have been notified the agreement has been disapproved. Ken Cuccinelli has defended his position, arguing the contract was “both legal and good policy for ICE.” The ICE union may still appeal the Department of Homeland Security’s decision with the Federal Labor Relations Authority, possibly leading to a lengthy legal battle. For now, though, the threat they pose to progessive immigration policy has been thwarted.

Move to End Privately Owned Immigrant Detention Centers in Congress

February 16, 2021

On February 11th, 2021, Arizona lawmaker Raul Grijalva reintroduced the “Justice Is Not For Sale Act.” This bill would phase out government contracts with private prisons and end immigrant family detention. It would also prevent companies from overcharging inmates and would “increase oversight of immigrant detention facilities to ensure humane treatment.”

This bill addresses some of the shortcomings of President Biden’s January 29th executive order terminating federal private prison contracts. While Representative Grijalva described Biden’s order as “an important step to address the mass incarceration crisis that disproportionately impacts immigrants and communities of color,” his “Justice Is Not For Sale Act” would go even further. President Biden’s order did not mention private immigration detention centers, in which 81% of people in ICE custody are held. The “Justice is Not For Sale Act,” however, would specifically bar the Justice Department from contracting with private entities to operate immigrant detention facilities.

Representative Grijalva recognizes that imprisoning families seeking asylum is unethical. The bill would instead reinstate family case management programs. These programs have been proven to be more successful in “safely and efficiently guiding families through the asylum process.” This alternative focuses on helping asylum-seeking immigrants instead of using them for profit.

The “Justice Is Not For Sale Act” is necessary. Private immigration detention centers are incentivized to limit expenses, which leads to higher reports of abuse and neglect. These centers rarely face accountability. Furthermore, these private centers profit off detainees, incentivizing higher incarceration rates. It is time for the United States to pass the “Justice Is Not For Sale Act” and finally end private detention centers. We must prioritize people over profit, always.

Read Representative Grijalva’s Official Press Release Here: https://grijalva.house.gov/press-releases/rep-grijalva-reintroduces-justice-not-sale-act-ban-private-prisons-and-end-immigrant

Biden Proclamation Ends Funding for Border Wall

February 12, 2021

In a letter to Congress released Thursday, February 11th, Biden reported his termination of Trump’s national emergency order regarding the southern border. Trump had used this order in 2019 to fund the border wall he had promised his supporters during his campaign. By declaring a national emergency, Trump was able to circumvent Congress and access military funds for the project. Biden referred to this order as “unwarranted” in his letter. The current president also announced that no more “American taxpayer dollars” would be used for the construction of the border wall. Additionally, he called for a careful review of the resources already allocated to the border wall project. A copy of the official proclamation accompanied this letter to Congress.

This move is especially important. Throughout the Trump era, the border wall became symbolic of Trump’s isolationist policies. “Build the wall” was a rallying cry for anti-immigrant nationalists. Hundreds of miles of barriers were built. Billions of dollars were wasted. Countless border communities were interrupted. And all for the sole purpose of division. Biden’s haste in ending funding for the wall signifies a more positive approach to immigration. Hopefully, we can begin an era of bridges, not barriers.

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