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Dear Readers,

Welcome back to the NawLaw Report, your trusted source for weekly immigration updates! We're thrilled to have you back with us as we continue to provide valuable insights, policy changes, and legal news in the world of immigration. Stay informed, stay connected, and let's navigate the immigration landscape together. 🌍📰🤝 

One-Way Plane Tickets: NYC Offers Migrants Free Travel Anywhere to Move

New York City Mayor Adams has recently been increasing efforts to provide free one-way tickets for migrants to move out of the city, domestic or international, citing the current struggle city officials have had attempting to accommodate the recent immigrant surge. Mayor Adams was quoted “When you’re out of room, you’re out of room.” With dwindling physical and monetary resources, the Adams administration feels it’s cheaper to provide migrants the ability to travel elsewhere, where they might have a better opportunity, then to try and shelter them for months on end. Some have criticized this recent move as eerily similar to the Texas and Florida governments bussing migrants out of their state. City Hall officials responded by explaining this is different because the migrants aren’t being coerced into leaving, and that it is due to a lack of resources rather than being unwelcome.

Federal Judge Grants Texas’ Motion to Temporarily Stop the Biden Administration From Removing Razor Wire at US-Mexico Border

On Monday, a federal judge granted a Texas’ motion to temporarily stop the Biden administration from removing razor wire at the U.S.-Mexico border. The order, pending a preliminary injunction hearing, states that the federal government “shall not remove, disassemble, degrade, or tamper with the concertina wire”, subject to the exception that the wire may be “removed in the case of a ‘medical emergency that most likely results in serious bodily injury or death to a person’”. A Department of Homeland Security spokesperson said that the Biden administration “will, of course, comply with the Order issued by the Court.” Moving forward, the preliminary injunction hearing is currently scheduled for November 7th.

Texas Again Deployed a Barrier to Deter Migrants Without a Federal Permit. This Time at the New Mexico Border.

The article provides and elaboration on one of last week’s newsletter stories regarding Texas constructing concertina wire barriers at its border with New Mexico. According to the International Boundary and Waters Commission (IBWC), which administers the boundary and water treaties between the U.S. and Mexico, Texas’ latest move is “encroaching on federal land” and could “lead to violations of federal laws, international agreements, and hydraulic issues within the floodplain.” The IBWC emailed the state of Texas asking them to comply with seven requirements, including a “letter of application” requesting a federal permit and advising that all projects within the Rio Grande’s floodplain require close coordination with Mexico, as per treaty guidelines. As of Tuesday, Texas has not complied with the IWBC request.

Advocates Call on President Biden to Extend Work Permits

With the expiration of a prior extension for work permits, threatening the job security of thousands of immigrants, immigration advocates are calling for President Biden and his administration to make another extension. The prior extension, rendered in May 2022, allowed those whose Employment Authorization Document (EAD) was up for renewal another 540 days of work authorization beyond their expiration date; that extension, however, came with a sunset clause that renewal papers will only cover EAD holders for 180 days. Advocates note that this 180 days is much less than the average 16 months that it takes USCIS to renew EAD papers, leaving many without the ability to work while their documentation is being processed. As of April, USCIS had over 260,000 EADs pending for more than 180 days, with over 535,000 pending in total. New York Democratic Representatives Espaillat and Bowman signed a letter with 33 other members of Congress asking USCIS to issue a rule maintaining the 540 day automatic extension.

Some 5,000 Immigrants Set Out on Foot From Mexico’s Southern Border, Tired of Long Waits for Visas

On Monday, around 5,000 immigrants from Central America, Haiti, Venezuela, and Cuba set out on foot from Mexico’s southern border northward towards the U.S.-Mexico border, stating the processing for refugee and exit visas at Mexico’s main immigrant processing center in Tapachula is taking too long. The migrant caravan is the largest recorded since June 2022. One immigrant from Haiti, Leonel Olveras, stated that “They don’t give out papers here. They ask us to wait for months. It’s too long. ” Irenio Mújica, one of the organizers of the march, said that “We are trying to save lives with these kind of actions. They (authorities) have ignored the problem, and left migrants stranded.”

California Joins Multi-State Coalition Supporting Health Care for Immigrant Families

On Saturday, California Attorney General Rob Bonta announced he’s working alongside New York Attorney General Letitia James, leading 17 other U.S. officials across the country, to fight for better access to proper food and healthcare for immigrant families. Opposing Trump-era policies that forced immigrant families to forego applying for health, nutrition, and housing programs, the coalition of attorney generals emphasize the importance of the Biden-administrations improved “public charge” regulations, which support individual states’ decisions to safeguard the health and public welfare of immigrants. Officials expect various benefits from the policy change, including increased immunization rates, better disease outbreak response, and decreased financial and administrative burden on state agencies, public health systems, and safety-net providers.

Fleeing Despair, More Chinese Immigrants are Journeying to the U.S. Southern Border to Seek Asylum

Reports indicate a recent uptick in Chinese immigrants coming to the United States via its southern border with Mexico. Interviews conducted by the Associated Press indicate the reason for the uptick is due to bleak economic opportunities back in China, as well an increasingly repressive political climate. Cai Xia, a former professor at the Central Party School of the Communist Party in Beijing and current editor-in-chief of the commentary site Yibao, was quoted “This wave of emigration reflects despair toward China. They’ve lost hope for the future of the country. You see among them the educated and the non-educated, white collar workers, as well as small business owners, and those from well-off families.” The U.N. projected that China will lose around 310,000 this year to emigration.

Bipartisan Bill Would Provide Kids-Only Courts for Migrant Children in Immigration Court

With over 62,000 cases pending in the U.S. immigration courts regarding children who crossed the border without a parent, a rare bipartisan bill has emerged in an attempt to make the system friendlier and more navigable for unaccompanied migrant children. Introduced by Republican Lisa Murkowski and Democrat Michael Bennet in the Senate, alongside a group of Representatives on both sides of the aisle in the House, the Immigration Court Efficiency and Children’s Court Act of 2023 ensures that children are “treated appropriately for their developmental age” and are connected to legal service organizations. This is due to the fact that recent Justice Department data show that over half of unaccompanied migrant children are left to defend themselves in court. The bill also aims to give special training for judges and allows them to see a special children’s only docket. Senator Bennet remarked that while the bill mainly aims at making the system more humane for children, it also has the possible benefit of addressing the court backlog, as children having representation earlier will prevent unnecessary delays in legal proceedings.

Congressman Gabe Vasquez Proposes a Series of Immigration, Border Security Bills

New Mexico Congressman Gave Vasquez has recently introduce a series of bills to address immigration and border security, of which he hopes to gain bipartisan support for. The five bills announced include the Strengthening our Workforce Act, the Stop Coyotes' Oppression and Organized Trafficking, and Ensure the Safety Act, the Smart Border Protection Act, the Humane Accountability Act, and the Farm Workforce Support Act. The article elaborates on the contents of each bill. The Strengthening our Workforce Act aims to support a pathway to permanent residence for migrants in critical industries, such as teachers, nurses, and law enforcement, while the Stop Coyotes' Oppression and Organized Trafficking, and Ensure the Safety Act proposes increasing the harshness of penalties for those caught smuggling humans. The Smart Border Protection Act proposes in investing in technology at the border to address the fentanyl crisis, the Humane Accountability Act would provide increased oversight to prevent migrants living in poor conditions at detention centers, and the Farm Workforce Support Act would address the shortage of farm workers by supplying temporary visas and suitable working conditions.

Firm Announcement 📣

Rodneyse with the President of Guyana, Irfaan Ali

Rodneyse Bichotte, NawLaw's dedicated legal intern, stands at the forefront of leadership not just within the firm but also in the world of politics. As a New York Assembly Member and the Democratic Party Leader for Kings County, Rodneyse has continually displayed a commitment to progress and community empowerment. Her recent engagement with the President of Guyana underscores her unwavering dedication to fostering international partnerships and advocating for positive change on a global scale. Rodneyse's remarkable journey is a testament to her passion for public service and her role in shaping a brighter future.

Mia Takes on Halloween

As October makes way for November, we couldn't resist sharing Mia's October fashion highlights – a delightful dinosaur costume and a pinch-worthy lobster ensemble. Neil and Kim's dog, Mia, brought endless smiles to the office with these adorable and playful outfits. Our furry friend's fashion sense is truly a treat that brightened our month! 🐕🦖🦞 

Client FAQ’s

How long does it take to get a green card? 

The time it takes to obtain a green card in the United States can vary significantly depending on several factors, including the specific category you're applying under, your country of origin, and the current processing times. On average, the process can take anywhere from several months to several years. To get a more accurate estimate for your particular situation, schedule a consultation with our experienced legal team to discuss your options.

My wife and I are aliens working in the U.S. My 1-year-old son was born in the U.S. and is a U.S. citizen. Can he file an immigration petition for us now?

No, only children of the age of 21 or above can file a immigration visa (green card) for a parent. But there are other options for obtaining status depending on specific factors that can be applicable to your specific case. It's important to consult with a competent immigration attorney to ensure you follow the correct procedures and meet the necessary requirements throughout the process.

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