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Dear Readers,

We’re excited to have you back 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. There’s been no shortage of activity in the immigration world, so let’s jump straight into it!

Biden Administration Won’t Extend Legal Status for Certain Migrants from Four Countries

The Biden administration recently decided not to extend the temporary humanitarian parole program for certain migrants from Nicaragua, Cuba, Venezuela, and Haiti, requiring them to seek alternative legal avenues to remain in the U.S. This program, launched nearly two years ago, initially provided Venezuelans with temporary residency and work authorization to curb border crossings and was later expanded to include migrants from the other three nations. Though touted as a method for migrants to enter the U.S. legally and orderly, the program faced criticism from Republicans, who argued it misused parole authority. By August, approximately 530,000 migrants had entered the U.S. under this program, which the administration claims was always intended as a temporary measure to enable migrants to seek other legal statuses. Protections for Venezuelans under this program will soon expire, with Nicaraguans facing the greatest challenge as they lack other available protections, such as Temporary Protected Status, which Venezuelans and Haitians can apply for. Migrants whose parole ends will be required to apply for a different status, depart the U.S., or risk deportation, which may leave some in a precarious legal situation.

Biden Administration Toughens Asylum Restrictions at the Border

The Biden administration recently announced stricter asylum rules at the southern U.S. border, intensifying restrictions initially put in place in June. The new measures make it more challenging to lift asylum restrictions by requiring nearly a month of reduced migrant numbers before they can be lifted. Now, all children are counted towards the daily migration totals, not just those from Mexico, and the daily migrant encounters must drop below 1,500 for a sustained period. Critics, including immigration advocates and the UN refugee agency, argue that these restrictions effectively constitute an asylum ban and undermine U.S. humanitarian commitments. Homeland Security Secretary Alejandro Mayorkas defended the changes, highlighting exceptions for specific groups and programs like the CBP One appointment system, which allows some migrants to apply for asylum legally. With these restrictions, the administration hopes to address voter concerns over border security while balancing calls for safe and humane immigration processes.

Migrant Crossings at US Southern Border Drop Again Amid Election Year Scrutiny

The Biden administration’s asylum restrictions at the U.S.-Mexico border have led to the lowest number of illegal border crossings since August 2020, with 54,000 apprehensions recorded in September. This marks a 78% decrease from the record-high in December and has been attributed to stringent asylum policies introduced in June, which have remained in place longer due to additional restrictions added recently. Additionally, in September, 48,000 migrants were processed legally through appointments via a mobile app, a system now central to U.S. asylum processing. With tougher asylum measures, more than 70% of adult migrants apprehended at the border have been deported, an increase from 25% before the crackdown, and the government has returned over 121,000 migrants since June. While the administration’s asylum policies have curtailed large-scale illegal crossings and improved public order at the border, they have drawn criticism from Republicans and immigration advocates, who argue that the restrictions are overly harsh and politically motivated. Homeland Security Secretary Alejandro Mayorkas has defended the policies as necessary for border order and has challenged critics to propose viable alternatives.

Kamala Harris Visits Southern Border and Calls for More Security and Immigration Reform

Vice President Kamala Harris recently visited the Arizona-Mexico border, where she criticized former President Donald Trump’s immigration policies and highlighted her own approach to border security. In a policy speech, she emphasized the Biden administration’s commitment to both secure borders and humane immigration practices, rejecting the idea that one must come at the expense of the other. Harris voiced support for a blocked bipartisan bill that would have increased border enforcement and resources to combat drug trafficking. She also addressed the administration’s new asylum policy, which restricts asylum claims for those crossing illegally and mirrors tougher Trump-era measures. Harris’s visit underscored a notable shift in the Democratic Party’s approach to immigration, as she highlighted her experience as California’s attorney general dealing with cross-border crime. Republicans criticized her visit as mere optics, but Harris used the platform to convey her commitment to both border security and comprehensive immigration reform.

What Economists Say about J.D. Vance’s Claim that Immigrants Drive Up Housing Costs

In their debate, Vice Presidential candidates Sen. JD Vance and Gov. Tim Walz agreed on the housing crisis but disagreed on the causes and solutions. Vance argued that undocumented immigration drives housing demand and cost, and advocated for mass deportations alongside zoning reform to address affordability. Walz attributed the crisis to a lack of affordable housing and proposed tax incentives and government spending to increase supply. While some economists note that immigration can increase housing demand, others highlight factors like pandemic-induced demand and low interest rates as primary drivers of recent cost surges. Notably, housing issues in towns like Springfield, Ohio, have been exacerbated by surges in immigrant populations, though local officials point out that the need for more housing predates these recent demographic shifts. This highlights the complexity of the housing crisis, where both immigration and other economic factors play a role.

Trump Suggests Undocumented Immigrants who Commit Murder have “Bad Genes”

In a recent radio interview, former President Donald Trump used disparaging language to discuss undocumented immigrants, attributing criminal behavior to “bad genes” and making unfounded claims about Vice President Kamala Harris’s immigration policies. Trump alleged that Harris’s approach has allowed thousands of murderers to enter the country, though no evidence supports this statistic. This rhetoric echoes his past remarks linking immigrants to crime and using inflammatory language; last year, he spoke of immigrants “poisoning the blood” of the U.S., a phrase criticized by civil rights groups for its association with White supremacist ideology. Trump has also previously referenced "racehorse theory," a belief in genetic superiority rooted in selective breeding, which he cited at a 2020 rally. His comments have sparked concern over the dehumanizing tone he uses when discussing immigration, a central issue in his 2024 campaign.

Client Testimonials

Client Q&A

Q: “I checked my status today and it shows case approved on 19th August. What is the next step? Can I travel to Australia, Does Melbourne have Indian embassy, can I get stamp there or will I have to go to India for stamp and come back? Is there a way of drop box in either US or Australia or India available?” - An H-1B beneficiary from India

A: Although first-time visa stamps must be obtained at the U.S. consulate in your home country (India) which also uses the dropbox, subsequent renewals may be sought at U.S. consulates in other countries, subject to their acceptance of “Third Country Nationals.”

Q: “…trying to get admission to a master’s degree program, must my school be where my sponsor is? Or I can be schooling in New York while my sponsor is in Texas?” - Client currently on a nonimmigrant visa

A: Your PERM/green card sponsor can be located anywhere in the U.S. as the green card is based on an “offer” of future employment.

Q: “I’m getting married at city hall in 2 weeks and the guests will simply be 4 people (my mom, my dad, my brother, photographer). I’m at dinner with a friend who got married and their lawyer advised them to have at least 20 guests for their green card application proof. Mind you that was an Indian citizen so maybe a more complicated case.” - Client from India

A: You do not need to have that many guests or witnesses at the time of the ceremony or subsequent event and celebration.

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Neil, Kim, Kim’s Mom, and Mia celebrating the Blessing of the Animals at St. John the Divine🐾✨

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Neil And Kim At Water For Elephants

Kim, Mia, and Neil in the office together

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Neil A. Weinrib & Associates (NawLaw), bringing you the latest news on U.S. immigration. At NawLaw, we are always on top of the changing ... See more

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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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