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Immigration agency sets up new virtual service center

Immigration agency sets up new virtual service center

U.S. Citizenship and Immigration Services has started to staff up a new virtual service center dedicated to processing requests for humanitarian immigration relief, including visas for victims of crimes and domestic violence, in an effort to chip away at lengthy backlogs.

In an exclusive interview, USCIS director Ur Jaddou described the additional service center as an “important milestone for us” and part of the agency’s effort to reduce wait times for visas and other benefits. It will be the agency’s sixth service center and first all-virtual one.

“One of my biggest visions for USCIS is to ensure that this backlog — this unprecedented backlog — is something that, by the time I depart the agency, is well on its way to recovery,” Jaddou said. “The backlog has stopped growing and it’s starting to peer downward. My goal is to continue that slide downward.”

This newest service center, which is currently operating on a hybrid model but will eventually shift to being fully remote, will begin its next round of hiring on Friday, according to USCIS. The agency aims to have the new service center nearly fully staffed by the end of September 2024.

It adds to existing service centers in California, Nebraska, Virginia, Texas and Vermont. The center, while virtual, will accept both paper and electronic applications, according to Jaddou.

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The Latest Court Ruling’s Impact On H-1B Spouses And Immigration

The Latest Court Ruling’s Impact On H-1B Spouses And Immigration

A federal judge has ruled in favor of the Department of Homeland Security’s regulation that allows the spouses of H-1B visa holders to work, a significant victory for highly skilled foreign-born professionals, their families and the companies that employ them. U.S. District Judge Tanya S. Chutkan granted the defendant’s (DHS) motion for summary judgment and denied the plaintiff’s (Save Jobs USA) motion. “Intervenors Immigration Voice and Anujkumar Dhamija, as well as amici curiae comprising more than forty companies and organizations . . . filed briefs in support of Defendant’s motion,” noted the opinion.

“We are thrilled that the Court agreed with our view that the law allows spouses of people here in the United States suffering in decades-long green card backlogs caused by National-Origin based discrimination to at least have the right to work in the United States while they wait in these discriminatory backlogs,” said Immigration Voice President Aman Kapoor in a statement that referenced per-country limits, which lead to longer wait times for employment-based immigrants from certain countries, particularly India.

“The spouses of H-1B visa holders now can have a level of assurance that the work authorization granted them in 2015 will be more difficult for future administrations to take away, since it is based on a regulation that the court has said is a valid exercise of the power Congress delegated to Homeland Security to set the conditions—including work authorization—on admission of nonimmigrants,” according to William Stock of Klasko Immigration Law Partners.

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DHS accepting reported gender identity for immigration benefits apps, clarifying policy

DHS accepting reported gender identity for immigration benefits apps, clarifying policy

The Biden administration will now allow immigrants seeking benefits to mark their gender identity without needing their documentation to match, according to the Department of Homeland Security (DHS).

The news release, posted by U.S. Citizenship and Immigration Services (USCIS) on Friday, said the update to the immigration benefits policy is meant to clarify that immigrants do not need to submit proof of their gender identity when requesting to change their gender marker, except for those submitting a Form N-565, which is submitted by those applying for a replacement naturalization certificate or citizenship document. 

The release also states that the only gender markers available on their forms and documents are “Male” and “Female,” but DHS is working to add an additional gender marker of “X” for another or unspecified gender identity. 

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Dispelling the Myth: How Undocumented Immigrants Pay Taxes and Contribute to the US Tax Base

Dispelling the Myth: How Undocumented Immigrants Pay Taxes and Contribute to the US Tax Base

Steven Hubbard: As Tax Day approaches, it is important to acknowledge the tax contributions made by immigrants—even those who are undocumented. These contributions play a vital role in the funding and sustainability of America’s public services and programs.

Immigrants’ Tax Contributions

Undocumented immigrants make significant contributions to the U.S. tax system by paying sales, income, and property taxes.

In 2021 alone, these households contributed $30.8 billion in total taxes, including $18.6 billion in federal income taxes and $12.2 billion in state and local taxes, based on data from the American Community Survey.

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DHS allowing noncitizens to report labor violations without jeopardizing immigration status

DHS allowing noncitizens to report labor violations without jeopardizing immigration status

Noncitizen workers who witness labor violations can now report them without fear of their immigration status being held against them, the Department of Homeland Security announced Friday.

“Individuals should feel free to come forward to complain about labor conditions, because they have certain rights, and their vulnerabilities will not be exploited,” Homeland Security Secretary Alejandro Mayorkas told ABC News in an interview. “Exploitative employers better beware because we are using our investigative and prosecuting authorities to hold them accountable.”

DHS will use the authority they have from deferred action, which gives non-citizens the ability to work in the United States, according to the agency. Deferred action protects noncitizen workers from threats of immigration-related retaliation from the exploitive employers, according to DHS.

“When they come forward and complain about unsafe or unfair labor conditions, they are cooperating in a labor investigation,” Mayorkas explained. “They should know that they are free from retaliation.”

DHS said that often times noncitizen workers don’t report labor violations or cooperate in employment and labor standards investigations “because they fear removal or other immigration-related retaliation by an abusive employer.”

“We have to address the exploitative employers, the unscrupulous individuals who take advantage of individuals by reason of their vulnerability whether that be because they are unlawfully present in the United States or otherwise,” Mayorkas said.

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FACT SHEET: Biden-⁠Harris Administration Announces New Border Enforcement Actions

FACT SHEET: Biden-⁠Harris Administration Announces New Border Enforcement Actions

New Measures Leverage Success of Venezuela Enforcement Initiative to Limit Disorderly and Unsafe Migration

While the courts have prevented the Title 42 public health order from lifting for now, the Biden-Harris Administration today is announcing new enforcement measures to increase security at the border and reduce the number of individuals crossing unlawfully between ports of entry. These measures will expand and expedite legal pathways for orderly migration and result in new consequences for those who fail to use those legal pathways. They also draw on the success of the Venezuela initiative, which launched in October 2022 and has resulted in a dramatic drop in the number of Venezuelan nationals attempting to enter the United States unlawfully.

The Administration is also announcing that it is surging additional resources to the border and the region, scaling up its anti-smuggling operations, and expanding coordination and support for border cities and non-governmental organizations. Importantly, the actions announced today are being implemented in close partnership with Mexico and governments across the Western Hemisphere.

While these steps will help address some of the most acute challenges at the Southwest border, they will not solve all of the problems in an immigration system that has been broken for far too long. That can only happen if Republicans in Congress who have spent the past two years talking about border security quit blocking the comprehensive immigration reform and border security measures President Biden proposed on his first day in office, and opposing the billions of dollars in additional funds the President has requested for border security and management.

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US says it will expand, extend temporary status for Haitians

US says it will expand, extend temporary status for Haitians

SAN DIEGO (AP) — The Biden administration said Monday that it would expand temporary legal status for Haitians already living in the United States, determining conditions in the Caribbean nation were too dangerous for their forced return.

The Homeland Security Department said Haitians who were in the United States Nov. 6 could apply for Temporary Protected Status and those who were granted it last year could stay an additional 18 months until Aug. 3, 2024.

The administration has extended temporary status for several countries and expanded or introduced it for Haiti, Afghanistan, Ukraine, Myanmar, Cameroon and Venezuela, reversing a Trump-era trend to cut back on protections for those already in the United States. TPS, which typically comes with authorization to work, may be extended in increments up to 18 months for countries struck by natural disasters or civil strife.

Haiti has seen increasingly brazen attacks by gangs that have grown more powerful since the July 2021 assassination of President Jovenel Moïse. A cholera outbreak sweeping the country is claiming more children’s lives amid a surge in malnutrition.

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McEachin, Lofgren Introduce FAIR Proceedings Act

Legislation Provides Immigrants with Legal Representation During Removal Hearings

Washington, D.C. – Today, Representatives A. Donald McEachin (VA-04) and Zoe Lofgren (CA-19) introduced the Funding Attorneys for Indigent Removal (FAIR) Proceedings Act to guarantee legal counsel during removal proceedings for immigrant children, individuals with disabilities, victims of abuse, torture, and violence; and those living at or below 200% of the federal poverty level.

Contrary to American constitutional guarantees in criminal cases, those subjected to removal proceedings in immigration cases do not have right to counsel. This law, if enacted, would not only guarantee the government ensure access to counsel, but it would also appoint or provide an attorney for these vulnerable individuals. The funding for legal representation would come from reserving a $10 portion of existing fees collected from those who apply for immigration benefits.

“As a former attorney, I believe vulnerable individuals should have access to counsel during such formative and potentially life-altering hearings,” said Rep. A. Donald McEachin. “It is unconscionable that children, victims, and people with disabilities are left without any legal representation during such impactful proceedings, and we cannot allow it to continue. I am proud to introduce the FAIR Proceedings Act to provide vulnerable individuals with the legal resources they need while presenting their case in immigration court. Not only is this a matter of fairness and due process, but it will also help expedite court processes and reduce the immigration court backlog.”

“Immigrant children and vulnerable individuals, like asylum seekers, should be afforded justice in the United States. This bill would importantly help reduce the immigration court backlog, save the government money, and guarantee that the due process rights of children are protected,” said Rep. Zoe Lofgren, Chair of the House Immigration and Citizenship Subcommittee.

Click here to read the full Press Release