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Dear Readers,

It’s always great to have you back with us at the NawLaw Report, where we keep you up to date on the latest immigration news and bring you updates and announcements from the firm. With the election around the corner and immigration being an attention-grabbing topic, there’s been no shortage of activity , so let’s bring you up to speed!

Supreme Court Rules Against Republicans in Immigration Case

The U.S. Supreme Court recently blocked a case brought by five Republican attorneys general who sought to defend a Biden administration asylum ban that restricted southwest border crossings. Immigrant rights groups have challenged the ban since its introduction in May 2023, with the Biden administration arguing the rule was crucial for border security post-Title 42. The Republican states, led by Kansas Attorney General Kris Kobach, wanted to intervene, claiming federal agencies had failed in their immigration responsibilities, but a Ninth Circuit judge halted the case in May 2024. The Supreme Court's decision not to hear the case aligns with past rulings affirming federal authority over immigration. The ACLU welcomed the ruling, noting states cannot intervene in federal immigration policy based on political disagreements. The Biden administration has since replaced the May 2023 ban with an executive order limiting daily border crossings to 1,500.

Fact Check: Debunking Trump’s October Lying Spree about Immigration

Former President Donald Trump has been making numerous false claims about immigration, especially in the final month of the 2024 presidential election. He frequently exaggerates or invents stories about immigrants and their impact on crime, unemployment, and border security. For example, Trump falsely claimed that Vice President Kamala Harris was made the "border czar" and that she never visited the border, when in fact her role was more limited, and she has visited the border multiple times. He also inaccurately stated that 13,099 "illegal alien convicted murderers" are roaming free, when that figure includes incarcerated individuals from various administrations, not just Biden's. Trump further claimed that "21 million" migrants have entered the U.S. under Biden and that he built 571 miles of border wall, both of which are significant exaggerations. Additionally, his claims about foreign countries releasing prisoners into the U.S. and Haitian immigrants in Springfield, Ohio "eating pets," are entirely unsubstantiated.

Where Harris and Trump Stand on Immigration and the Border

On the campaign trail, Vice President Harris and former President Trump have clashed intensely on immigration and border policies. Trump has centered his campaign on immigration, advocating for mass deportations and making false claims about migrants, while Harris supports restrictions on asylum alongside pathways to citizenship for some migrants. Trump’s hardline proposals, like ending birthright citizenship and suspending refugee admissions, align with policies he attempted during his presidency, many of which were blocked in courts. Harris, meanwhile, has supported a bipartisan border deal that imposes new asylum limits and has embraced enforcement measures while pushing for economic investments to address root causes of migration. Both candidates, despite their differences, have overseen significant asylum restrictions in office. Harris balances border security with calls for a more humane immigration system, while Trump focuses on stricter enforcement and deportation measures.

Illegal Border Crossings Fall to Lowest Level in Four Years, CBP Says

As voters begin casting ballots, U.S. Customs and Border Protection (CBP) has reported a 55% drop in illegal border crossings since President Biden’s executive action in June 2024, which limited asylum and restricted entry for those lacking valid documents. The Department of Homeland Security has removed over 160,000 people since then, with repatriation flights significantly increasing. For the fiscal year ending September 2024, CBP returned or removed 700,000 individuals, the most since 2010. Despite record-high crossings in late 2023, the numbers have steadily decreased. Immigration remains a hot topic, with Trump continuing to focus on border issues and criticizing the Biden-Harris administration, while Harris blames Trump for derailing bipartisan immigration reform efforts earlier this year.

Springfield Haitians Weigh their Future as Trump Threatens Deportations

This story paints a vivid picture of how immigration, local politics, and economic pressures converge in small communities like Springfield. Daniel Aula, a Haitian immigrant in Springfield, Ohio, fled violence in his home country and found new opportunities working at a local factory. Springfield has seen an influx of Haitian immigrants, boosting the local economy but also straining resources like housing and healthcare. Former President Trump and Ohio Senator JD Vance have spread false claims about the Haitian community, fueling anti-immigrant sentiment. Despite these challenges, local officials and business leaders emphasize the positive contributions of Haitian workers, with Governor Mike DeWine recognizing their value while still supporting his party. Aula remains hopeful, expressing love for his community, even those who oppose his presence. His future, like many others, may depend on the outcome of the upcoming election.

The Terrifying Risks Indians are Taking to Reach the U.S. Illegally

Indian migrants, now the third-largest group of unauthorized entrants to the U.S., often risk their lives through dangerous smuggling routes in pursuit of the "American dream." Many pay between $50,000 and $100,000 to traffickers, mostly from northern Indian states, who exploit their desperation through perilous "dunki flights" to countries with lax visa rules before embarking on treacherous journeys. Tragically, families have frozen to death, drowned, or been kidnapped along the way, with 10-12% of migrants dying or being killed for non-payment. Economic inequality, high unemployment, and rural distress in India drive many to attempt these journeys, even as they sell property or take loans to afford them. Despite efforts to crack down on smuggling, demand persists, fueled by success stories from those already settled abroad. With the possibility of stricter U.S. immigration policies looming, many are racing against time to reach America, undeterred by the grave risks.

Client Q&A

Q: “Is the company required to pay return transportation costs for a TN employee who is dismissed?” - A U.S. Company

A: “That only applies to H-1B workers, not TN’s.”

Q: “We started filing jointly last year. Do you advise to continue filing a joint income tax return? Does it strengthen our case for the green card we keep filing together?” - a
US citizen married to a foreign national

A: “Yes, most definitely. USCIS considers the filing of a joint income tax return to be significant evidence for a bona fide marital relationship.”

Q: “If I enter the U.S. on my B-1/B-2, am I permitted to seek a change of status to H-1B and commence working with the employer without leaving the U.S.?” - An Indian national holding a valid B-1/B-2 visa whose J-1 visa was refused by the U.S. consulate in India

A: “Yes, the approval of your change of status permits you to work for the U.S. employer.”

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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. We also handle Asylum, Family Immigration, Deportation and Removal, and VAWA Green Cards.

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