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Dear Readers,

President Biden signs an executive order? Unaccompanied minors representing themselves in court? All this and more in our latest edition of the NawLaw Report, where we keep you updated on all the recent immigration news! Let’s get to it!

What to Know About Biden’s Executive Action on Immigration

President Joe Biden has just issued an executive action to limit asylum claims between ports of entry at the southern U.S. border, aiming to address immigration reform where Congress has been unable to act. The new rule will deny asylum claims if there are more than 2,500 encounters per day for seven consecutive days, only resuming acceptance if encounters fall below 1,500 per day for 14 consecutive days. Migrants can still use the CBP One app to schedule appointments for asylum claims. The rule will expedite the removal of individuals not meeting the credible fear threshold and does not apply to unaccompanied minors. Critics, including former Trump administration official Chad Wolf, argue that the action fails to address broader issues like asylum abuse and catch-and-release policies.

For the official White House statement, click below.

House of Representatives Passes Bill to Ban Noncitizens from Voting in Local D.C. Elections

The House recently passed a bill to prohibit non-U.S. citizens from voting in local Washington, D.C., elections, aiming to counteract a 2022 D.C. Council measure allowing noncitizen residents to vote in local elections. The bill passed with a vote of 262-143, reflecting bipartisan support and opposition. Republicans argue that noncitizens should not influence leadership in the nation’s capital, while Democrats, led by Del. Eleanor Holmes Norton, criticize the bill as undemocratic and paternalistic. Despite the D.C. Council's law, only 32 noncitizens registered to vote in local elections, highlighting the minimal impact. The bill continues a trend of congressional intervention in D.C. affairs, following previous actions against local legislation on crime and police accountability.

NYC Won’t Stop 30-Day Migrant Shelter Evictions, Mayor Says

New York City Mayor Eric Adams stated that evictions of asylum seekers who exceed the 30-day shelter limit will continue, despite criticisms. With 1,000 migrants arriving weekly, Adams emphasized the need for difficult decisions to prevent resource depletion. Approximately 200 migrants are set to be evicted after surpassing the deadline without qualifying for exceptions. Families face a 60-day limit, and the policy has faced criticism for being poorly implemented, disrupting access to work authorizations and education. Comptroller Brad Lander's study highlighted flaws in the eviction process. Adams pointed to the lack of federal immigration reform as a key issue exacerbating the crisis.

Unaccompanied Minors Are Representing Themselves in Immigration Court, Alarming Advocates

Brian Arevalo, an 18-year-old migrant facing potential deportation, appeared in immigration court without an attorney after months of searching for legal representation. This scenario is common among tens of thousands of unaccompanied minors navigating the complex immigration system without legal aid. In 2023, only 56% of such minors had legal representation, exacerbating their challenges. Despite recent moves by the Biden administration to address the asylum backlog, these efforts don't help unaccompanied minors directly. Experts stress that legal representation significantly impacts the outcome of these cases, as minors often struggle with language barriers and understanding legal procedures. Arevalo, who fled violence in Mexico, was advised by Judge Dinesh Verma that a lawyer is crucial for his case, but he remains without one, focusing on work and awaiting his next court date.

Opinion: The U.S. is Reviving the Worst of its Immigration History to All of Our Peril

One hundred years ago, the U.S. made a grave mistake when President Calvin Coolidge signed the National Origins Act, which drastically restricted immigration based on racist motives. This act excluded Asians and significantly limited Southern and Eastern Europeans, causing substantial harm to America by stifling job growth, innovation, and investment. The author argues that today, similar forces are at play with rhetoric from Trump and allies demonizing immigrants as threats to the economy and security. As we face potential repetition of this historical blunder, it’s crucial to recognize that immigrants contribute positively to society, fostering innovation, investment, and cultural integration. The 1924 law’s legacy of restrictive quotas has persisted, leading to a large undocumented population and insufficient visas to meet economic needs. Moving forward, informed voting based on evidence rather than fearmongering is essential to avoid repeating past mistakes and to embrace the benefits of immigration.

U.S. Planning to Refer Some Migrants for Resettlement in Greece and Italy

The Biden administration plans to refer some Latin American migrants for resettlement in Greece and Italy to discourage them from traveling to the U.S.-Mexico border. This initiative involves processing migrants at Safe Mobility Offices in Colombia, Costa Rica, Ecuador, and Guatemala. These offices screen migrants for legal immigration opportunities to the U.S. and other countries, with Greece and Italy set to join Canada and Spain in resettling some migrants. This approach aims to reduce illegal border crossings by offering legal pathways. The administration credits this strategy, along with tougher enforcement measures, for significantly decreasing unlawful crossings.

Firm Announcements! 📣

Client FAQs!

Q: “Would taking the New York Bar exams on an ESTA violate any conditions?” - client from the U.K.

A: No, this is permissible under ESTA.

Q: “If a child from Canada wanted to come here for school, what do they need to do if anything?”

A: Even Canadian nationals require an F-1 student visa to attend private school, as public school attendance is not eligible. 

Q: “I would like to transfer my H-1B to my own company, is that feasible?” - H-1B client from India.

A: Although the federal regulations don’t specifically preclude this, in our experience, USCIS is never willing to permit an H-1B for a very small company, including start-ups, especially if the beneficiary is part of the corporate structure.

We Are Your Trusted Source for U.S. Immigration!

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! All Immigration Law Firms are not the same, Nawlaw is distinctly different!