4 Programs Renewed 5 Days

There are four immigration programs that were set to expire today. They are the J-1 Waiver CONRAD 30 program, EB-5 Regional Center program, E-Verify, and the EB-4 religious workers program. Congress has extended their lives today for five days, giving themselves more time, as they averted a federal government shutdown.

That means the programs have until December 16 to again be temporarily renewed. This blog extensively covered the four programs and congressional actions back in September because they were set to expire in September. The constant temporary renewals of these programs leaves their applicants and potential beneficiaries in constant uncertainty.

Refugees in Texas

Refugees Arrive in Texas

Syrian refugees arrived in Texas last night, after the state relented on its legal right to prevent refugee resettlement in the state.

The plight of the Syrian refugees has caused many Western countries to think about their refugee resettlement programs. Countries have argued internally about how many refugees they should accept. Refugees have bounced around the European Union, undergoing the long vetting process before they can be accepted. The United States has had similar discussions, arguing how many Syrian refugees to accept and even whether we should accept any.

Texas filed a lawsuit last week against the federal government and the International Rescue Committee. The governor wants to block the resettlement of a Syrian refugee family in its state. Thirty-one governors have voiced their opposition to Syrian refugees settling in their states. Texas is the first state to take legal action in manifesting its opposition. The federal government has emphasized that governors lack the authority to decide whether or not refugees can settle in their states. Immigration is in the purview of the federal government. The lawsuit contends through the Refugee Act of 1980 and security concerns that the federal government and IRC need to consult with the states. For its part, the IRC has stated it has worked with Texas for 40 years to ensure the smooth resettlement of refugees into the state.

The lawsuit remains pending. On December 4, the state withdrew its request for an order immediately preventing the refugees from entering the state.

New DACA and DAPA Denied at Fifth Circuit

Fifth Circuit Denies New DACA and DAPA

United States Court of Appeals for the Federal CircuitThe US Court of Appeals for the Fifth Circuit denied an appeal of a preliminary injunction of President Obama’s executive actions for expanding Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans (new DACA and DAPA) on November 9. A federal judge in Texas struck down the executive actions in February of this year and the Department of Justice has been litigating against states opposed to the implementation of the executive action programs. The decision was divided, but it means that the executive action programs remain unusable. The Obama Administration is expected to seek an immediate review of the decision by the US Supreme Court.

On November 20, 2014, President Obama delivered a speech and unveiled a series of executive actions to improve the immigration system. New DACA and DAPA received most of the attention because of the effects it was scheduled to have on millions of people living in the United States without status. The programs are not immigration status. Rather, they were supposed to provide temporary protection to accepted applicants and work authorization. It was supposed to benefit individuals without a criminal record and not priorities for removal. The programs were nixed by a federal judge before implementation and the millions counting on the viability of the programs have to continue to wait. The executive actions were a response to Congressional inaction over years in implementing legislative immigration reform.

Immigration Reform in the News

immigration reformImmigration Reform in the News

Immigration reform has probably fizzled out as a possibility, despite looking imminent in 2012 and reaching a crescendo in 2013 with major legislative movement. Here are some recent quotes from Congresspersons on the possibility of immigration reform.

Marco Rubio, Florida Senator and Candidate for President

John McCain, Arizona Senator

Paul Ryan, Speaker of the House

The protections that Marco Rubio mentions are part of the deferred action program (DACA), which has been in effect since June 15, 2012. Mr. Rubio has flatly stated the that DACA program needs to end. An executive action in November 2014 attempted to expand DACA and add relief for parents of Americans (DAPA). The expanded version of it and DAPA were struck down by a federal judge in Texas in February. The US Court of Appeals for the Fifth Circuit has not yet ruled on the matter.

Sanctuary Cities Bill Defeated

Sanctuary Cities Bill Defeated

S. 2146: Stop Sanctuary Policies and Protect Americans Act did not pass the Senate yesterday. It received 54 votes in favor, 6 short of the 60 required. The bill was proposed over the summer but recently was brought to a vote after being stuck in committee. The purpose of the bill was to limit federal grants to cities that do not comply with detainers issued by the Department of Homeland Security. There were also provisions to stiffen penalties for individuals who reenter the United States without authorization.

Sanctuary cities, such as San Francisco, have been lambasted for not cooperating with DHS and Immigration and Customs Enforcement. S. 2146 is the federal action against sanctuary cities, but there are local actions that are gaining in popularity. North Carolina’s legislature voted to ban local governments from preventing local law enforcement from working with federal immigration agents. Michigan and Texas are preparing their own anti-sanctuary city bills.

Opposition to the bill has been pronounced, despite the public and Congressional popularity of it. A House version of the Senate bill passed in the House during the summer, but President Obama vetoed it. Two years ago, immigration reform held the promise of being comprehensive and bipartisan. Yesterday was the clearest political indication that it is currently partisan and divisive.