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  Immigration - Legal News


The Biden administration says it’s granting temporary legal status to hundreds of thousands of Venezuelans who are already in the country — quickly making them eligible to work — as it grapples with growing numbers of people fleeing the South American country and elsewhere to arrive at the U.S.-Mexico border.

The move — along with promises to accelerate work permits for many migrants — may appease Democratic leaders who have pressured the White House to do more to aid asylum seekers, while also providing grist for Republicans who say the President Joe Biden has been too lax on immigration.

The Homeland Security Department plans to grant Temporary Protected Status to an estimated 472,000 Venezuelans who arrived in the country as of July 31, making it easier for them to get authorization to work in the U.S. That’s been a key demand of Democratic mayors and governors who are struggling to care for an increased number of migrants in their care. That’s in addition to about 242,700 Venezuelans who already qualified for temporary status before Wednesday’s announcement.

The protections for Venezuelans are significant because they account for such a large number of the migrants who have been arriving in the country in recent years.

Venezuela plunged into a political, economic and humanitarian crisis over the last decade, pushing at least 7.3 million people to migrate and making food and other necessities unaffordable for those who remain. The vast majority who fled settled in neighboring countries in Latin America, but many began coming to the United States in the last three years through the notoriously dangerous Darien Gap, a stretch of jungle in Panama.

Venezuelans who arrive in the U.S. after July 31 of this year will not be eligible for the protection. Those who are now eligible have to apply to get it. Homeland Security Secretary Alejandro Mayorkas granted the expansion and an 18-month extension for those who already have temporary status due to “Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions,” the department said in a statement.

The administration said it would accelerate work authorizations for people who have arrived in the country since January through a mobile app for appointments at land crossings with Mexico, called CBP One, or through parole granted to Cubans, Haitians, Nicaraguans and Venezuelans who have financial sponsors and arrive at an airport. It will aim to give them work permits within 30 days, compared with about 90 days currently.

The promise of accelerated work permits does not apply to people who cross the border illegally and seek asylum, who, by law, must wait for six months to receive work permits.


Texas must move a large floating barrier that Gov. Greg Abbott placed on the river between the U.S. and Mexico this summer as part of the Republican’s escalating attempts to stop migrants from crossing America’s southern border, a federal judge ruled Wednesday.

U.S. District Judge David Ezra stopped short of ordering Texas to dismantle the wrecking-ball sized buoys on the Rio Grande but called them a threat to safety and relationships between the neighboring countries. His preliminary injunction instructs Texas, for now, to move the barrier out of the water and onto the riverbank by Sept. 15.

Ezra also cast doubt on Texas’ rationale for the barrier, writing that the state produced no “credible evidence that the buoy barrier as installed has significantly curtailed illegal immigration.”

The lawsuit was brought by the Justice Department in a rare instance of President Joe Biden’s administration going to court to challenge Texas’ border policies.

Texas officials said they would appeal.

“Today’s court decision merely prolongs President Biden’s willful refusal to acknowledge that Texas is rightfully stepping up to do the job that he should have been doing all along,” Abbott said.

Abbott invoked “invasion” powers to deploy aggressive new tactics starting last year. Texas’ use of dozens of bright orange buoys to create a barrier longer than a soccer field on a stretch of river where migrants often try crossing from Mexico is just one piece of his multibillion-dollar border mission known as Operation Lone Star. The state has also installed razor-wire fencing along the river and allowed troopers to arrest migrants on trespassing charges, among other things.


A group of migrants who arrived by bus in downtown Los Angeles on Wednesday were sent from Texas in a move the city’s mayor called a “despicable stunt” by a Republican governor.

Forty-two people, including some children, were dropped off at Union Station around 4 p.m. and were being cared for by city agencies and charitable organizations, Los Angeles City Councilmember Kevin de León’s office said.

“They left yesterday and it was 23 hours on the bus and they did not have a chance to eat or to have water,” said Jorge Mario Cabrera of the Coalition for Humane Immigrant Rights, who spoke to several migrants.

“They are being fed; they’re taking shelters; they’re talking to attorneys,” he said. “These are migrants that have been allowed by the U.S. to enter because they have credible fears. They have not yet received asylum.”

Many were from Latin American countries, including Honduras and Venezuela, and one person had an immigration appointment in New York, he said.

Mayor Karen Bass said she had instructed city departments to prepare to accept migrants from out of state, after GOP governors began sending asylum-seekers to Democratic states in recent months.

“This did not catch us off guard, nor will it intimidate us,” Bass said in a statement. “Los Angeles is not a city motivated by hate or fear and we absolutely will not be swayed or moved by petty politicians playing with human lives.”

Texas Gov. Greg Abbott said the migrants were sent to Los Angeles because California had declared itself a “sanctuary” for immigrants, extending protections to people living in the country illegally and allowing them to apply for some state benefits.

“Our border communities are on the frontlines of President Biden’s border crisis, and Texas will continue providing this much-needed relief until he steps up to do his job and secure the border,” Abbott said in a statement.

Last week, Florida Gov. Ron DeSantis flew groups of migrants from border states to Sacramento, California, at taxpayer expense. Last fall, Florida flew 49 Venezuelans to the upscale Massachusetts island of Martha’s Vineyard.

The migrants in Los Angeles were receiving help at St. Anthony’s Croatian Catholic Church near downtown.


U.S. and Mexican officials have agreed on new immigration policies meant to deter illegal border crossings while also opening up other pathways ahead of an expected increase in migrants following the end of pandemic restrictions next week.

Homeland Security adviser Liz Sherwood-Randall spent Tuesday meeting with Mexico President Andres Manuel Lopez Obrador and other top officials, emerging with a five-point plan, according to statements from both nations.

Under the agreement, Mexico will continue to accept migrants from Venezuela, Haiti, Cuba and Nicaragua who are turned away at the border, and up to 100,000 individuals from Honduras, Guatemala, and El Salvador who have family in the U.S. will be eligible to live and work there.

Despite sharing a 1,951-mile border with the U.S., Mexico had been notably absent from the rollout last week of a fresh set of efforts, including the creation of hubs outside the United States where migrants could go to apply to legally settle in the U.S., Spain or Canada. The first centers will open in Guatemala and Colombia.

The COVID-19 restrictions have allowed U.S. officials to turn away tens of thousands of migrants crossing the southern border, but those restrictions will lift May 11, and border officials are bracing for a surge. Even with the restrictions, the administration has seen record numbers of people crossing the border, and President Joe Biden has responded by cracking down on those who cross illegally and by creating new avenues meant as alternatives to a dangerous and often deadly journey.

Mexico’s support is critical to any push by the U.S. to clamp down at the southern border, particularly as migrants from nations from as far away as Haiti are making the trek on foot up through Mexico, and are not easily returned back to their home countries.


The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship.

Attorneys for Helaman Hansen told the justices during approximately 90 minutes of arguments that the law he was convicted of violating was too broad. But the court’s conservative majority in particular seemed willing to side with the government and conclude that it is not.

Justice Neil Gorsuch noted that the law “has been on the books for 70 years” without some of the issues Hansen’s lawyers worried about. He also expressed no sympathy for Hansen himself, who he said was “taking advantage of very vulnerable people.”

“He had every intent in the world to keep these people here to take their money with no prospect they’d ever” actually get citizenship, Gorsuch said.

The case involves a section of federal immigration law that says a person such as Hansen who “encourages or induces” a non-citizen to come to or remain in the United States illegally can be punished by up to five years in prison. That’s increased to up to 10 years if the person doing the encouraging is doing so for their own financial gain.

The federal government says that from 2012 to 2016 Hansen — who lived in Elk Grove, California, near Sacramento — deceived hundreds of non-citizens into believing that he could guarantee them a path to citizenship through adult adoption.

Based on Hansen’s promises, officials say, people either came to or stayed in the United States in violation of the law, even though Hansen knew that the adult adoptions he was arranging would not lead to citizenship. The government says at least 471 people paid him between $550 and $10,000 and that in total he collected more than $1.8 million.

Hansen was ultimately convicted of encouragement charges as well as fraud charges. He was sentenced to 10 years in prison for the encouragement charges and another 20 years on the fraud charges. But a federal appeals court ruled that the law on encouragement is overbroad and violates the free speech clause of the First Amendment and overturned just those convictions.

The court’s three liberal justices seemed more concerned about the reach of the law. Justice Elena Kagan asked “what happens to all the cases” where a lawyer, doctor, neighbor, friend or teacher “says to a non-citizen: ‘I really think you should stay.’” Kagan wanted to know whether those people could or would be prosecuted under the law.


A sharp drop in illegal border crossings along the Southwest border that started in January after the Biden administration announced stricter immigration measures continued into February, the administration announced Wednesday.

The data released by the U.S. Customs and Border Protection paints a picture of who is attempting to enter the country at a time of intense political controversy with Republicans seeing immigration as a potent issue with voters and accusing President Biden and Homeland Security Secretary Alejandro Mayorkas of not doing enough to secure the southern border.

U.S. Border Patrol officials encountered migrants 128,877 times trying to cross the border in February between the legal border crossings. That’s about the same as January’s number — 128,913 — and is the lowest number of encounters per month since February 2021, the agency said.

The numbers of encounters doesn’t necessarily equate to individual people since some migrants try repeatedly to cross the border. The agency said about 25% of those encountered in February were repeat encounters meaning that at some time during the last 12 months they’d been detained by U.S. officials as they tried to enter the country.


Migrants along the U.S. border with Mexico crowded into shelters Wednesday as they waited for the Supreme Court to rule on whether and when to lift pandemic-era restrictions that have prevented many from seeking asylum.

The limits on border crossings had been set to expire Wednesday before conservative-leaning states sought the top court’s help to keep them in place. The Biden administration asked the court to lift the restrictions, but not before Christmas.

It is not clear when the court’s decision will come. Meantime, thousands of people have gathered all along the Mexican side of the southern border, camping outside or packing into shelters, hoping for the opportunity to seek refuge in the U.S. The Texas National Guard took up positions in El Paso.

Hundreds of migrants remained in line in Juarez. Others slept along the concrete embankments of the Rio Grande. A nearby shelter reached its capacity Tuesday night, stranding many outside.

As crowds gathered on the banks of Rio Grande, 1st Sgt. Suzanne Ringle said one woman
In Tijuana, which has an estimated 5,000 migrants staying in more than 30 shelters and many more renting rooms and apartments, the border was quiet Tuesday night as word spread among would-be asylum-seekers that nothing had changed. Layered, razor-topped walls rising 30 feet (9 meters) along the border with San Diego make the area daunting for illegal crossings.

Under the restrictions, officials have expelled asylum-seekers inside the United States 2.5 million times, and turned away most people who requested asylum at the border, on grounds of preventing the spread of COVID-19 under Title 42.

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