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Dear Readers,

Welcome to our Client Alert Newsletter! 🌟 Stay ahead of the curve with timely updates, important announcements, and insights tailored just for you. We are committed to keeping you informed and empowered throughout your immigration journey. Let's dive into the latest developments together!

Venezuelan Migrants Apply for TPS Status With Urgency as Deportations are Set to Resume

With repatriation flights to deport certain Venezuelans expected to resume, acquiring Temporary Protected Status has become much more important for many Venezuelan migrants currently in the United States. The article depicts an interview with Jhonnattan, a Venezuelan who came to the U.S. to escape death threats from the Maduro regime. He has a pending asylum case, but as those can often take years to resolve, he has recently turned to applying for Temporary Protected Status as his saving grace. Jhonnattan’s asylum case is among the over 1.3 million still awaiting processing, and he is among the over 100,000 migrants who were recently bussed to New York City by Texas Governor Abbot. The article explains how TPS status can help migrants become more independent and less reliant on city services. Those who’ve been approved for status will be allowed to stay in the country until April 2025.

Trump’s Anti-Immigrant Comments Draws Rebuke

In a recent video interview with right-leaning news site the National Pulse, former President Trump that undocumented immigrants were “poisoning the blood of our country,'“ further adding that “Nobody has ever seen anything like what we’re witnessing right now. It’s a very sad thing for our country.” The comments, gaining traction online in the following week, drew condemnation from the CEO of the Anti-Defamation League Jonathan Greenblatt , stating that the former President’s comments were “racist, xenophobic, and despicable.” Greenblatt further stated how “We have seen this kind of toxic rhetoric inspire real-world violence before in places like Pittsburgh and El Paso. It has no place in our politics, period.”

Biden Says Border Walls Don’t Work As Administration Bypasses Laws To Build More Barriers in South Texas

In a statement made Thursday, President Biden said that he believes that border walls don’t work. This comes in the wake of the administration saying it will waive 26 laws to build additional border barriers along the Rio Grande due to recently heightened political tensions over migration. Construction for the wall will be payed for by already appropriated funds, as the Biden administration was under a deadline to “use them or lose them”. When asked about the construction plans, President Biden responded “-the money was appropriated for the border wall. I tried to get them to reappropriate it, to redirect that money. They didn’t, they wouldn’t. And in the meantime, there’s nothing under the law other than they have to use the money for what it was appropriated. I can’t stop that.”

Biden's Migrant Policy Came After Heavy Pressure From New York Politicians and Donors

In late September the Biden administration announced it would be granting Temporary Protected Status for Venezuelan migrants who crossed the border without documentation. The policy was influenced by several top New York Democratic officials, such as Mayor Eric Adams and Governor Kathy Hochul, as well as through lobbying from various donors and supporters, such as former Secretary of State Hillary Clinton. The mounting pressure from fellow Democrats is a result of cities across the country feeling the stress of handling and accommodating the recent migrant surge. When asked if the decision to extend Temporary Protected Status to Venezuelans was influenced by donors and fundraisers, a Biden administration official answered “ No, that is not how the administration makes decisions.”

New York City Mayor Wraps Up Latin America Trip With Call For ‘Right To Work’ For Migrants in US

On Saturday, at the end of a four day trip to Latin America, New York City Mayor Adams called for a “right to work” for migrants coming to and already in the United States. Adams further stated the need for countries in the region to “come together” in order to find solutions for the migrant crisis being felt across the Americas as well as various cities across the United States. Mayor Adams is no stranger to the crisis, as New York City has been struggling to provide emergency accommodations to the thousands of migrants who have recently arrived there, calling for the federal government to expedite work authorizations for the migrants who are already there. Notably, Mayor Adams told reporters “Our hearts are endless, but our resources are not. We don’t want to put people in congregate shelters.” Further, Adams reiterated the point that his goal isn’t to tell migrants what they should do, but to learn more about them and find solutions to the crises.

Greece Wants European Union to Sanction Countries That Refuse Deported Migrants, Minister Says,

As Greece and Italy struggle to deal with a recent spike in migrant arrivals, Greek minister for migrations and asylum Dimitris Kairidis is urging other European Union members to adopt a plan to sanction counties that refuse to accept migrants deported by the European bloc. Minister Kairidis stated on television on Tuesday “Europe must demand these countries take back their citizens. Otherwise, there would be sanctions and no financial aid. Europe has the authority to impose its will on this issue.” Kairidis also stated how existing bilateral agreements between the European Union and non-member states have proven to be ineffective at mitigating the crises. The sanctions proposal is in the final stages of negotiation. Minister Kairidis said that failure to adopt the proposal would “make Europe a laughingstock over its asylum process.”

Pritzker Calls On The Federal Government For Assistance As More Migrants Come To Illinois

In the wake of the Biden administration announcing it will continue construction of the border wall at the Mexican border, Illinois Governor Pritzker said that the administration also needs to focus on immigration reform besides the wall. In a letter to President Biden, Pritzker described the “untenable situation” that currently exists in his stage, further criticizing the federal government for the “lack of intervention and coordination at the border.” Recent data show that Illinois has given up to $328 million to support asylum seekers and migrants. Governor Pritzker also mentioned “There are an awful a lot of states that could manage to absorb and assist in this humanitarian effort, but as you can see, they’re only sending those buses to blue states and democratically controlled cities.”

Here’s Where the 2024 Presidential Candidates Stand On Immigration

The article summarizes the immigration stances of various 2024 presidential candidates. Most notable are the positions of President Biden, the clear Democratic front runner, and former President Trump, who is making his third bid at the Oval Office. Other stances include those of Robert F. Kennedy Jr. and Marianne Williamson on the Democratic side, as well as Florida Governor Ron DeSantis, former South Carolina Governor Nikki Haley, entrepreneur Vivek Ramaswamy, former Vice-President Mike Pence, former N.J. Governor Chris Christie, South Carolina Senator Tim Scott, North Carolina Governor Doug Burgum, and former Arkansas Governor Asa Hutchinson on the Republican side.

NYC Dealing With New Migrant Surge as Number of Buses Nearly Triples in Recent Days

NYC officials at a briefing stated that the number of migrants arriving in the city has recently shot up to nearly 600 a day. Camille Joseph, chief of staff for NYC Mayor Adams, has attributed the spike in part to Texas Governor Abbot ramping up the number of buses he’s sending to New York and other sanctuary cities. Governor Abbot, who implemented the policy of busing migrants to sanctuary cities as way to protest President Biden’s border policies, has been accused by Mayor Adams of using “vulnerable asylum-seekers as political pawns.” Chief of staff Joseph has stated that as the number of buses has increased, communication with the Governor’s office has decreased, saying that “Without this information, it makes it increasingly difficult for us to calculate a day-to-day basis what our capacity is, and our ability to respond is even more challenged.”

Client FAQ’s

Q: “What will happen to USCIS operations in the event of a government shutdown?” - from numerous clients.

A: USCIS is self-funded from filing fees incurred in connection with various benefit applications. However, the immigration courts would be affected by a shutdown as well as the following:

• E-Verify: This is a web-based system that allows employers to verify the employment eligibility of their employees. E-Verify is funded by Congress and will be unavailable during a shutdown.

• EB-5 Immigrant Investor Regional Center Program: This is a program that allows foreign investors to obtain green cards by investing in regional centers that promote economic development and job creation. The regional center program is authorized by Congress and will expire if not reauthorized before a shutdown.

• Conrad 30 J-1 Physicians: This is a program that allows foreign doctors who have completed their medical training in the U.S. on J-1 visas to work in underserved areas for three years, instead of returning to their home countries. The program is authorized by Congress and will expire if not reauthorized before a shutdown.

• Nonminister religious workers: This is a program that allows foreign workers who are affiliated with a religious denomination to work in the U.S. for up to five years. The program is authorized by Congress and will expire if not reauthorized before a shutdown.

• Labor Condition Applications (LCAs): These are applications that employers must file with the U.S. Department of Labor (DOL) to certify that they will pay the prevailing wage and provide the same working conditions to foreign workers as they do to U.S. workers. LCAs are required for some types of nonimmigrant visas, such as H-1B, H-1B1, E-3, and H-2A. If DOL stops processing LCAs during a shutdown, employers could be prevented from or delayed in making the actual USCIS filings.

Q: “What happens if I lay off the foreign national currently in STEM OPT, and what is the impact of E-Verify if an employee is being laid off or terminated?”- asked by the principal of a small U.S. company who has employed a Chinese national according to F-1 STEM OPT.

A: An employer may make a written request or submit a request within E-Verify to terminate their account. They must provide 30 days' notice, and resolve all open cases within the 30-day period. The employer and student both must notify the DSO when the student’s employment is terminated for any reason before the end of the authorized extension period. The employer must report such a change in employment to the appropriate DSO no later than five business days after the student’s employment terminates or the student has departed. Employers and students can satisfy this requirement, if they wish, with an email to the DSO indicating that the student was terminated or has otherwise departed, as well as the applicable date of such termination or departure.

Statement by Assemblymember Rodneyse Bichotte Hermelyn (Currently a valued Legal Intern with NawLaw)

Statement by Assemblymember Rodneyse Bichotte Hermelyn (Brooklyn, NY) -- Assemblymember Rodneyse Bichotte Hermelyn releases the following statement in response to the heinous attack on Israel by Hamas that killed over 300 people: “My heart aches for the hundreds of lives lost during yesterday's brutal assault, as I pray for recovery of the thousands wounded and the safe return of the abducted Israelis. I stand in solemn solidarity with Israel and all its people who have lost loved ones, while unequivocally denouncing these appalling attacks perpetrated by Hamas. New York houses the largest Jewish population outside of Israel, and my deep sympathy goes out to our affected communities and neighbors during this tragic time. This unfathomable assault on innocent civilians - on one of the holiest Jewish holidays - is an atrocious act of cowardice. I join our nation in condemning this inhumane terrorist attack against the Jewish people in their homeland as we offer our utmost support.”