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Dear Readers,

We trust this message finds you well and thriving. As the world of immigration continues to evolve, so does our commitment to keeping you informed and empowered. In this edition of The NawLaw Report, we're excited to share the latest immigration news and essential updates from our firm that directly impact your journey. Stay tuned for invaluable insights that will shape your path to success.

Texas Gov. Greg Abbot Signs Bill Letting Police Arrest Migrants Who Cross the Border Illegally

On Monday, Texas Governor Abbot signed a bill into law that makes it a criminal offense to enter the state illegally. While crossing into the United States between ports of entry is already a crime under federal law, the new legislation raises concerns due to its broad increase in authority for the state police. Set to go into effect in March, the new legislation is expected to receive pushback in court, as White House spokesperson Angelo Fernández Hernández noted that it’s the federal government, not the States, that "is charged with determining how and when to remove noncitizens for violating immigration laws.” The new law is among a swathe of immigration legislation Abbot passed, including a $1.54 billion funding package to fund border barrier construction and an increased minimum penalty for human smuggling.

White House Open to New Border Expulsion Law, Mandatory Detention and Increased Deportations in Talks with Congress

According to four sources who spoke with CBS News, the Biden administration informed congressional lawmakers that it would be willing to support a dramatic expansion of immigrant detention and deportations, as well as a new border authority to expel migrants. The support is an attempt at a compromise with Republicans, aiming to convince them to support military aid to Ukraine, Israel, and Taiwan. The sources told CBS that the White House is open to possibly allowing border officials to expel migrants without processing asylum claims, expanding expedited removal, and mandating the detention of migrants who cross in to the country illegally. However, White House spokesperson Angelo Fernández Hernández stated that while President Biden is open to compromise and working towards a bipartisan package, "The White House has not signed off on any particular policy proposals or final agreements, and reporting that ascribes determined policy positions to the White House is inaccurate.”

Photo by Neil A. Weinrib

USCIS Reaches Fiscal Year 2024 H-1B Cap

On December 13, the USCIS announced in an alert on its website that it had received a sufficient number of petitions to fill both its 65,000 H-1B visa regular cap and 20,000 H-1B visa U.S. advanced degree exemption for the fiscal year 2024. USCIS will be sending non-selection notices to registrants through their online accounts. USCIS will also continue to accept and process petitions that are otherwise exempt from the cap, including petitions filed to extend the amount of time a current H-1B may remain in the U.S., change the terms of employment for current H-1B workers, allow current H-1B workers to change employers, and allow current H-1B workers to work concurrently in additional H-1B petitions. The link to the full announcement is available in the button below.

Photo by Neil A. Weinrib

Immigrant Rights Groups Sue Texas to Halt New Law Allowing Arrest of Migrants

In the wake of Texas Gov. Abbot signing SB4 into law, a bill allowing state troopers to arrest migrants suspected of entering the state illegally, the American Civil Liberties Union (ACLU) and Texas Civil Rights Project (TCRP) are suing Texas on behalf of El Paso county and two immigrant rights organizations, claiming that the SB4 violates the U.S. Constitution because the federal government has the sole authority on immigration enforcement. Filed on Tuesday, the lawsuit says that the bill would prevent immigrants from requesting asylum, a right they have regardless of how they enter the country. The ACLU and TCRP are requesting that the federal judge declare SB4 unlawful and prevent it from being implemented. State Representative Spiller defended the bill, stating “SB 4 is the Texas solution to a Texas problem. It is a humane, logical, and efficient approach to a problem created and fostered by the Biden administration’s continued failure and refusal to secure our border.”

Photo by Neil A. Weinrib

As House Adjourns, Senate Delays Holiday Recess to Work on Immigration Deal

While the House adjourned last Thursday for Christmas recess, the Senate has decided to return this week, delaying their break, in an attempt to hammer out a deal on immigration and aid for Israel and Ukraine. Senate Majority Leader Schumer stated "Over the last few days, negotiations on a path forward to getting the national security supplemental done have made good progress. As I have said, if we believe something is important and urgent we should stay and get the job done.” While many believe a compromise can be reached, just as many are not so optimistic, as earlier this year the House passed H.R.2, which while Senate Democrats say is a nonstarter, many Republicans say is necessary for any agreement on aid to Ukraine and Israel, creating a point of contention and gridlock. The House is expected to return on January 9.

We’re Making Sure People in Immigration Detention Know Their Rights

This blog post from the ACLU provides insight into ACLU Louisiana’s recent activities. According to the post, Louisiana has the most people in immigrant detention in the country besides Texas. Spread across just nine I.C.E. detention facilities, and with only 10-12 pro-bono immigration attorneys in the state, migrants have scarce access to both physical and legal resources. As a result, ACLU Louisiana, in conjunction with the Robert F. Kennedy Human Rights organization and the Southern Poverty Law Center, has been taking frequent trips to I.C.E. facilities to inform immigrants of their rights, provide direct legal assistance, and conduct one-on-one interviews with detainees. They have intervened in individual cases where they can. The author states they will provide more details of ACLU activities moving forward.

Photo by Neil A. Weinrib

Biden Commemorates the 80th Anniversary of the Repeal of the Chinese Exclusion Act

In a statement released on Sunday, President Biden commemorated the 80th anniversary of the repeal of the Chinese Exclusion Act, passed in 1882 and repealed in 1943. As the first major law restricting immigration in the country, the Exclusion Act was primarily a response to the massive influx of Chinese laborers that sparked anger from the American population and perceived a threat to their jobs and livelihood. While the act was repealed in December of 1943, significant Asian exclusion still occurred through excessive quotas until the Immigration Act of 1965. President Biden called the Act a measure that “weaponized our immigration system to discriminate against an entire ethnic group.” He continued, “On this anniversary, we remember those whose lives, families, and communities were irreparably harmed.”

Mexico’s President and Texas Gov. Clash Again Over Immigration

In response to the passing of a Texas law that allows police officers to arrest people they believe entered the country illegally, Mexican President López Obrador heavily criticized Texas Governor Abbot, accusing him of pulling a stunt because he wanted to be the Vice Presidential nominee. President López Obrador stated “You [Gov. Abbot] are not going to win anything,” continuing, “On the contrary, he will lose sympathy because in Texas there are many Mexicans, many migrants. He forgets that Texas was from Mexico, like 10 states of the American Union.” Obrador likened Abbot to Florida Governor Ron DeSantis, saying "He (DeSantis) was ahead in the polls. He was not ahead of Trump, but he was in second place and he started with those measures and fell. This is what will happen to the governor of Texas with those decisions.” President Obrador also stated that Mexico already has a legal challenge underway.

Florida Latino Republicans Don’t Like Trump’s Immigration Rhetoric. But They Still Love Trump.

In interviews conducted by Politico, journalists found that while several Latino Florida Republican Representatives aren’t comfortable with Trump’s rhetoric that immigrants are “poisoning the blood” of the United States, they are prepared to give him a pass due to their support of his other positions. Representative Carlos GimĂ©nez stated “I don’t agree with the rhetoric. While I support the president, I certainly don’t support everything he says.” Ernesto Ackerman, Florida GOP Committeemen and member of the advocacy group Independent Venezuelan American Citizens said “We know that Trump is not a diplomatic politician. He has his way of saying things that sound very rude and very aggressive, but that’s the way he talks.” The comments are indicative of the broader split amongst opinions of Latino voters, as mirrored by the fall in the margin of victory in Miami Dade County (Hillary Clinton beat Trump by 30% in 2016 while President Biden only won by 6% in 2020). Representative GimĂ©nez finished by saying, “President Trump has said a lot of things throughout his career and all that and he always kind of survives them. So I don’t think that this is going to be anything that will change the minds of many people here in Florida.”

Firm Announcement 📣

Neil & Kim Speak with Asian Arts Students

Neil and Kim, seasoned attorneys in immigration law, had the opportunity to give a lecture with the Asian American Arts Alliance with a dynamic presentation, sharing insights gained from over 40 years of experience. They were able to share their expertise on the intricate intersections of immigration and the arts, offering valuable perspectives to empower and inspire the vibrant community they addressed.

As the year comes to a close, the entire NawLaw Pets family wants to take a moment to express our warmest wishes to you and your loved ones. It's been a joyous and furry-filled year, and we couldn't have done it without amazing clients like you. 🎁

Client Testimonials

“If you have any immigration process to go through, Neil and his team are your best bet! They are a class act. From the first consultation, until I obtained my green card, they were always there for questions, suggestions and advice. We felt safe cause we knew we were in the best hands. They took care of all the details and presented a strong case for us. They know what they are doing. And his staff is courteous and knowledgeable. Hands down he's the best immigration lawyer in NYC!” - Jose V., Client from Manhattan, via Yelp

“I have used this law firm for my VISA needs beginning in 2009 when I first applied for my H1-B visa through today when my green card application was approved. My H1-B visa (and the subsequent renewals 2x) and my green card application have all been approved, but I think this is not the only value add or reason why I would recommend this firm. Throughout the process since 2009, I've been given a lot of attention, and their willingness to spend time with me explaining all the legal nuances, I think is why I am most happy with their services. They've been consistent in their approach with me since 2009, and I will continue to use them as I will be going through the next step which is citizenship.” - Carlos A., Client from Nashville, via Yelp.

Thank you for being a valued part of our client community. Stay tuned for exciting updates, exclusive offers, and exceptional service in the months ahead.

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