Welcome Back! 👋🏼

Dear Readers,

We’re thrilled to have you back with us at the NawLaw Report, where we bring you updates and announcements from the firm and keep you up to date on the latest immigration news. There’s been no shortage of activity in the immigration world, so let’s bring you up to speed!

This Week in Immigration: September 20, 2024

Vice President Kamala Harris condemned Donald Trump's false claims about Haitian migrants in Ohio, labeling his rhetoric as divisive and harmful during an interview at the National Association of Black Journalists. She emphasized the damage caused by such comments and called for an end to this "hateful rhetoric." Trump's comments have sparked outrage and led to bomb threats in Springfield, Ohio, highlighting the inflammatory nature of his statements. In other updates, U.S. immigration services have expanded visa processing at the Havana embassy, and the Santo Domingo embassy will introduce a new scheduling system. Additionally, a new poll reveals that a slight majority of Americans support mass deportation of undocumented immigrants, though opinions are sharply divided along partisan lines. Lastly, the U.S. has seen a significant decrease in border crossings following President Biden's asylum policy changes, with border encounters at their lowest since September 2020.

Trump’s Goal of Mass Deportation Fell Short, But He Has New Plans for a Second Term

Donald Trump has proposed more specific plans for mass deportations in his 2024 presidential bid, including invoking wartime powers, using the military, and relying on Republican governors. While his deportation numbers during his first term fell short of Obama’s, Trump is considering using the Alien Enemies Act of 1798, which allows for deportations during wartime, to bypass legal restrictions. He may also deploy National Guard troops from states with supportive governors to enforce immigration laws in less cooperative areas. However, legal and logistical challenges remain significant. The military is unlikely to support large-scale deportations, as this task could undermine morale and detract from other priorities. Funding would also be an issue, with current ICE facilities unable to house the large numbers Trump envisions. Moreover, mass deportations could tear families apart and impact industries that rely on undocumented labor. While these plans may not be fully realized, they could still create fear within immigrant communities, as past threats have shown.

The Politics of Immigration Play Differently Along the U.S.-Mexico Border

At Ardovino’s Desert Crossing restaurant, the complex realities of immigration are on full display, with Border Patrol activity and migrant crossings a daily occurrence. Robert Ardovino, who owns the property near the U.S.-Mexico border, sees firsthand the challenges faced by both border agents and migrants. He criticizes the political discourse on immigration, calling for more factual and practical solutions to address the situation. Immigration politics have become central in many congressional races, especially in districts along the southern border. Democratic Rep. Gabe Vasquez and Republican Rep. Juan Ciscomani are both focused on border security, though with different approaches. Vasquez has introduced several bills aimed at border enforcement and improving conditions for migrants, while Ciscomani emphasizes the need to enforce immigration laws while sharing his own immigrant story. Despite ideological differences, the two have co-sponsored bills on farmworker visas and drug trafficking. As the immigration debate continues, border communities like Sunland Park are navigating the local impact, with some residents voicing frustration over the current system.

CBP: Migrant Apprehensions Between Border Ports of Entry in 2024 are 68% Lower than in 2023

In August 2024, U.S. Customs and Border Protection (CBP) reported a 68% drop in migrant apprehensions compared to August 2023. This reduction is attributed to the Biden administration’s asylum restrictions introduced in June and a coordinated crackdown with Mexico. These combined efforts, which involve stricter immigration measures and enhanced border security, have significantly curbed irregular migration at the U.S.-Mexico border. Adam Isacson from the Washington Office on Latin America noted that each country’s enforcement actions halved the migration numbers in the short term. The crackdown began in December 2023, when President Biden and Mexican President López Obrador announced joint enforcement measures, deploying over 30,000 Mexican soldiers to secure Mexico's borders. This partnership has led to the first major reduction in border crossings in 2024. However, human rights violations against migrants in Mexico have increased, with reports of migrants stranded in poor conditions and facing violence. Following the June asylum restrictions in the U.S., CBP saw a further 50% reduction in border apprehensions. The administration’s strategy combines stricter immigration penalties with expanded legal immigration pathways, and CBP is on track for its lowest apprehension numbers since fiscal year 2020.

U.S. Launches Online Passport Renewal

Americans renewing their passports can now do so online, according to a new announcement by Assistant Secretary of State for Consular Affairs Rena Bitter. This online service allows users to pay, upload a photo, and complete the application without needing to visit in person or mail documents, and is available 24/7. It is open to adults renewing a regular 10-year passport that expired within the last five years or is expiring soon. However, only those with a U.S. address can use the service at this time, and eligibility can be verified through questions on travel.state.gov. The service is expected to benefit up to 5 million Americans annually, with plans for future expansion. The program, tested for several months, has received positive feedback from customers. Passport renewal processing times remain six to eight weeks, and there will be no difference in service standards between online and mail-in applications. This move aims to offer greater convenience for passport renewals while maintaining efficiency.

USCIS Announces Employment Authorization Procedures for Liberians Covered by Deferred Enforced Departure

The U.S. Citizenship and Immigration Services (USCIS) has issued a Federal Register notice that outlines procedures for Liberians covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs), valid until June 30, 2026. This action follows President Joe Biden’s June 28, 2024, memorandum that extends DED protections for certain Liberians who have continuously been in the U.S. since May 20, 2017. The USCIS notice automatically extends the validity of DED-related EADs with specific expiration dates, including March 30, 2020, January 10, 2021, June 30, 2022, and June 30, 2024. There is no need to apply for DED itself, but Liberian nationals or stateless individuals who last lived in Liberia can apply for employment authorization by submitting Form I-765. Travel authorization can also be requested through Form I-131, although it is granted at the Department of Homeland Security’s discretion. USCIS ensures EAD applications are adjudicated in a timely and fair manner, with improved processing times over the past year. Additional details about eligibility, application procedures, and fees for DED-based EADs can be found on the USCIS website.

Client Testimonials

Client Q&A

Q: “My U.S. bank has requested me to sign a W-8BEN (Certificate of Foreign Status) form. Will this affect my request for a B-2 visitor extension of stay?” - A foreign national from Brazil applying for a B-2 visitor extension

A: This is a common requirement for U.S. banks and is not customarily submitted with an extension of stay request to USCIS.

Q: “Where can I go to obtain my H-1 visa stamp?” - An approved H-1B applicant from India

A: First-time H-1B beneficiaries must generally apply in their home country – unless the U.S. consulate there is closed e.g., Bangladesh.

Q: “Can I receive compensation now before the H-1B is actually granted?” - A first-time H-1B candidate whose application is pending with USCIS

A: Not until the H-1B petition is formally approved by USCIS. However, if the candidate is an H-1B transfer, they can be compensated prior to approval.

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Neil, Kim, and Kim’s mom having lunch at the client’s restaurant, DeMarchelier Bistro in Long Island.

Neil, Kim, and Mia enjoying a fun day of pumpkin picking in Greenport, Long Island! 🎃🍂

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About NawLaw: NawLaw, a very established law firm in New York City, boasts over 40 years of experience providing expert legal solutions for U.S. immigration matters, both nationwide and globally, as well as assisting companies abroad in transferring key personnel to the U.S. and foreign investors seeking investment visas and green cards. With a client-focused approach and a reputation for success, NawLaw is fully dedicated to helping its clients achieve the American Dream!

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