Welcome Back! 👋🏼

Dear Readers,

We’re always excited to have you back for another round of the NawLaw Report! This week, we’re bringing you not just immigration news/policy updates, but real life stories from people impacted by the downstream consequences of those policy decisions. Let’s jump into it!

Homeland Security Proposes Changes to Asylum Seeking Process

The Department of Homeland Security (DHS) has unveiled a proposed alteration to the asylum process in the United States aimed at streamlining security assessments. Under the new proposal, asylum officers would be empowered to determine early in the process whether an asylum-seeker poses a national security risk, a decision currently deferred until later in immigration proceedings. Homeland Security Secretary Alejandro Mayorkas emphasized that the goal is to swiftly identify and remove individuals presenting security risks without legal basis for remaining in the country. The proposed rule, which will undergo a public comment period and review before potential implementation, primarily targets individuals with serious criminal histories or connections to terrorist activities. While only affecting a small subset of asylum seekers, the administration aims to finalize the expedited process for national security and public safety concerns by year's end. This move by Homeland Security coincides with mounting pressure on the Biden administration to address border crossings through executive action.

U.S. Announces Effort to Expedite Court Cases of Migrants who Cross the Border Illegally

The Biden administration has introduced a plan to expedite asylum case decisions for certain migrants who enter the U.S. illegally along the Mexico border. This initiative aims to speed up asylum processing for eligible migrant adults released by border officials, hoping to distinguish legitimate claims from weak ones and discourage exploitation of the system. By reducing the current years-long timeframe for asylum decisions to 180 days, officials aim to dissuade economic migrants from misusing the process. However, critics argue that such programs may compromise migrants' due process rights. The administration's broader efforts to curb unlawful border crossings include proposed rules to expedite deportation for asylum-seekers deemed to pose public safety risks, as well as policies to restrict asylum eligibility for those entering illegally. Despite these measures, managing migration influxes remains a significant challenge, though recent declines in border apprehensions have been attributed to increased deportations and enforcement actions by both the U.S. and Mexico.

ICE Ordered to Stop Knock-and-Talk Tactic for Immigration Arrests in L.A.

A federal judge has ruled against U.S. Immigration and Customs Enforcement's use of "knock-and-talk" tactics, where officers enter properties without warrants to arrest undocumented immigrants at their doors. U.S. District Judge Otis Wright II deemed this practice a violation of Fourth Amendment protections against unreasonable searches and seizures, particularly within the curtilage of homes. While not fully enjoining the practice, Wright vacated ICE’s knock-and-talk policies in the Los Angeles field offices, finding them unconstitutional. This decision stems from a class action lawsuit filed by migrants in 2020, supported by the ACLU, challenging ICE's methods. The ruling is expected to significantly limit ICE's ability to conduct home arrests without judicial warrants, a practice that has raised concerns about privacy and due process rights.

U.S. Department of Justice Sues Oklahoma Over New Immigration Law, Calling it Constitutional Violation

The U.S. Justice Department has initiated a lawsuit against Oklahoma, contending that the state's new immigration law violates the U.S. Constitution by contradicting federal regulations. The law, known as House Bill 4156, has drawn criticism from Latino legislators and faces opposition from law enforcement officials who fear its enforcement could strain community relations. Attorney General Gentner Drummond rebuffed the Justice Department's warning, asserting Oklahoma's right to protect its sovereignty within federal law. Meanwhile, Oklahoma's political leaders, including Governor Kevin Stitt and House Speaker Charles McCall, have defended the law as necessary due to perceived federal inaction on immigration issues. Despite the controversy, the law is set to take effect on July 1, with potential further legal challenges anticipated from within the state. And other states are also enacting similar anti-migrant measures …

Two Bills Seeking to Add Ireland to the E3 Visa Introduced in U.S. Congress

Two bills have been introduced in the U.S. House of Representatives aiming to include Ireland in the E3 nonimmigrant visa program. The first bill, sponsored by Representatives Richard Neal and Mike Kelly, both co-chairs of the Congressional Friends of Ireland Caucus, seeks to grant Irish workers access to the E3 visas unused by Australians. The second bill, introduced by Representative Mike Lawler and cosponsored by Representative Kevin Mullin, has also been referred to the House Committee on the Judiciary. These efforts come after previous attempts in 2018, 2019, and 2022, which faced various obstacles in Congress. If successful, the legislation could foster stronger economic and cultural ties between Ireland and the U.S., benefiting both countries and their respective communities. However, challenges in enacting such changes, as observed in past immigration reform efforts, remain significant. Tánaiste Micheál Martin expressed cautious optimism, highlighting the potential positive impacts on Irish communities in the U.S. and emphasizing ongoing support for creating new immigration pathways for Irish citizens.

At 91, He’s One of the Last Surviving Participants of a U.S. Program Some Described as ‘Legalized Slavery’

The story of Sebastian Corral, a former bracero, highlights the harsh realities of the Mexican Farm Worker Program in the United States from 1942 to 1964. Corral recalls the humiliation and mistreatment he and others endured upon arrival, including being sprayed with insecticide and subjected to labor inspections. Despite the challenges, millions participated in the program, shaping immigration in the U.S. Yet, the history of braceros has often been overlooked or hidden, reflecting the pain associated with their experiences. Recently, efforts have been made to recognize and preserve sites like the Rio Vista Bracero Reception Center, a key hub of the program. Corral's journey from bracero to citizen illustrates the resilience and perseverance of those who contributed to America's agricultural labor force.

Firm Announcement!

Client FAQs!

Q: “Am I permitted to discharge an unlawful migrant worker?” - U.S. citizen employer of an undocumented foreign national.

A: Although New York State recognizes “employment at will” – In July 2023 Governor Hochul signed into law measures to protect undocumented workers from retaliation and removal during labor disputes, extending protections such as minimum wage, frequency of pay overtime, time off for meal periods, paid sick leave, liability for unpaid wages, worker’s compensation in the event of an injury, etc.

Q: “As you are aware, my mom’s re-entry permit was denied, whereas dad’s was approved. They both have valid green cards and they will be coming in May after about 8 months. Will mom have any issues entering on her valid green card?” - son of a green card holder from India.

A: No, the fact that her re-entry permit was denied on a technical ground should not affect her seeking to return to the U.S. Of course, CBP may still inquire as to why she has been out of the U.S. for an extended period of time.

Q: “If we do premium processing and the answer comes in May or June, the start date for H1b will still be October 1^st , right?” - Employer of an H-1B beneficiary just selected in the current Lottery.

A: Correct, even with using premium/rush processing, the start date will be October 1^st .

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About NawLaw: NawLaw, a very established law firm in New York City, boasts over 40 years of experience providing winning legal solutions for U.S. immigration cases nationwide and globally assisting companies abroad in transferring key personnel to the U.S. With a client-focused approach and a tremendous reputation for success, NawLaw is fully dedicated to helping its clients achieve the American Dream. We take U.S. immigration to the next level! At NawLaw, we think outside the box!