The NawLaw Report: This Week's Highlights

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Dear Readers,

Welcome back at the NawLaw Report, where we bring you updates and announcements from the firm and keep you up to date on the latest in the immigration law world. A lot has happened in recent weeks, including various Supreme Court rulings and USCIS policy changes, so let’s dive in to it!

Texas Sues Over Biden Legalization Program for Immigrants Married to U.S. Citizens

Texas and 15 other Republican-led states have filed a lawsuit against the Biden administration over its new "Keeping Families Together" program, which offers a path to citizenship for undocumented immigrants married to U.S. citizens. The lawsuit claims that the program exceeds the administration's authority and undermines U.S. immigration laws. The initiative, which began accepting applications recently, aims to help around 500,000 immigrant spouses and 50,000 children under 21 gain legal status without leaving the U.S. Republican leaders, including former Trump adviser Stephen Miller, have criticized the program as unlawful, while the White House argues that the lawsuit is an attempt to separate families and contradicts American values. This legal challenge is part of an ongoing series of disputes between Texas and the Biden administration over immigration policies.

U.S. to Speed Up Asylum Processing at Northern Border to Deter Migrant Crossings

The Biden administration is implementing measures to expedite asylum processing at the U.S.-Canada border due to a significant rise in migrant crossings. The changes include requiring migrants to have documents ready for screenings and reducing the consultation time with lawyers before screenings from 24 hours to a minimum of four hours. These updates aim to streamline the application of the "Safe Third Country" agreement, which allows the U.S. and Canada to return asylum-seekers to each other's territories. The policy shift comes as migrant apprehensions at the northern border reach record levels, particularly in the Swanton sector, straining U.S. Border Patrol resources. While crossings at the northern border are increasing, they remain much lower compared to the U.S.-Mexico border.

Half a Million Migrant Spouses of U.S. Citizens get Pathway to Green Cards

The Biden administration has introduced a new pathway to permanent residency for approximately 500,000 undocumented immigrant spouses of U.S. citizens and their stepchildren. Effective from August 19, this policy allows spouses who have been continuously present in the U.S. since at least June 17, 2014, to apply for a green card without leaving the country. Stepchildren under 21 and unmarried as of June 17, 2024, are also eligible. The policy aims to promote family unity, streamline the immigration process, and allow these individuals to work legally, thereby benefiting the U.S. economy. While the move has been praised by immigration advocates for addressing outdated barriers, it has faced criticism from groups advocating for stricter border controls.

Photo by Max Klebba

U.S. Supreme Court Says Citizens Can’t Sue Over Foreign Spouses’ Visa Denial

The U.S. Supreme Court ruled in a 6-3 decision that the constitutional rights of U.S. citizens are not violated when the government denies entry to their non-citizen spouses without explanation. The case involved Sandra Munoz, a U.S. citizen, whose El Salvadoran husband's visa application was denied by the State Department on the suspicion that he was a gang member, a claim he denies. The court determined that Munoz's right to marry does not include the right to have her spouse live in the U.S., rejecting her claim that the delay in explaining the denial violated her due process rights. The decision overturned a previous ruling by the 9th U.S. Circuit Court of Appeals that had allowed Munoz's lawsuit to proceed. In her dissent, Justice Sonia Sotomayor argued that the ruling undermines the constitutional significance of marriage, drawing on past Supreme Court decisions that emphasized its importance.

U.S. Supreme Court Blocks Some of Arizona Proof-of-Citizenship Requirements for November Election

The U.S. Supreme Court decided to partially block an Arizona law that required voters to document their U.S. citizenship to vote in the 2024 presidential election. While the court prevented enforcement of the law that would have barred thousands from voting, it allowed Arizona to enforce a requirement for new voters to provide proof of citizenship when registering using a state form. The decision is seen as a partial win for Republicans, who have made non-citizen voting a central issue in the upcoming presidential election. The ruling was divided, with three conservative justices favoring more stringent requirements, while others raised concerns about voter confusion and potential disenfranchisement, particularly for marginalized groups. The case is one of many election-related disputes likely to come before the Supreme Court as the election approaches.

Map Shows How Much Immigrants Pay in Taxes in Every State

In 2022, immigrant households contributed significantly to the U.S. economy, paying nearly one in every six tax dollars collected, amounting to $579.1 billion. Undocumented households alone contributed an additional $35.1 billion. The states where immigrants paid the most in taxes included California ($151.3 billion), New York ($68.1 billion), Texas ($53.1 billion), Florida ($43.5 billion), Illinois ($24.3 billion), and Washington ($20.2 billion). These contributions don't perfectly align with the immigrant population distribution, but the top states generally reflect areas with large immigrant populations. Immigrants also played a vital role in supporting Social Security, contributing $194.5 billion, which helps sustain benefits for millions of Americans. The American Immigration Council emphasized that increasing legal immigration pathways and work authorization could further enhance immigrants' contributions, particularly in key industries like agriculture, construction, and STEM, where they constitute a significant portion of the workforce.

Photo taken by Neil Weinrib

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