Immigration Week in Review: 5/31-6/7

US Immigration News & Notes

Proposed Rule to Expand 9-11 Biometric Fee: DHS published a proposed new rule that would expand CBP’s 9-11 Response and Biometric Entry-Exit fee (9-11 Biometric Fee), requiring employers to pay the $4,000 or $4,500 9-11 Biometric Fee when filing H-1B and L-1 extension petitions.

• Currently, employers are only required to pay the fee during the initial and change of employer petitions.
• The 9-11 Biometric Fee is only required for petitioners filing an H-1B or L-1 petition with 50 or more employees in the U.S., and 50 percent or more of those employees have H-1B or L-1 status.
• The proposed rule was published on June 6, 2024, and CBP will accept public comments on the proposed rule until July 8, 2024. Comments can be submitted here.

House Subcommittee Passes DHS Appropriations Bill: The House Appropriations Subcommittee marked up the fiscal year (FY) 2025 Homeland Security Appropriations bill. The bill provides $112.4 million in funding for USCIS, which is $168.7 million below the FY 2024 enacted level and $152.8 million below the President’s Budget Request. 

• The bill includes some provisions impacting high-skilled immigration. The proposed legislation provides $112.4 million for the federal E-Verify program and prohibits issuing H-1B visas from entities connected to the People’s Liberation Army, the principal military force of China.

• The bill also includes additional discretionary funding for border wall construction and increases in detention capacity.
• The full committee markup on the bill will take place on June 12, and a floor vote is expected on June 24. 

Biden’s Border Executive Order

This week, President Biden announced the long-anticipated Executive Order (EO) giving DHS the power to “shut down” the border when crossings between ports of entry reach an average of 2,500 a day for seven consecutive days.

• These restrictions will only be lifted after the seven-day average drops below 1,500.
• DHS has reported an excess of 2,500 border crossings per day almost every day for the past year. 

Go deeper: Starting Wednesday, DHS began removing migrants who enter the U.S. without authorization without allowing them to apply for asylum.

• Removed migrants will face a five-year ban on reentry and possible criminal prosecution.
• Unaccompanied children, trafficking victims, immigrants with acute medical needs, and immigrants facing immediate threats to their lives and safety are exempt from this restriction and are allowed to claim asylum.
• Many migrants arriving at the border are unaware of the new order, and it is unclear if the EO will be an effective deterrent.

What they’re saying:

• Biden stated that he signed the EO because Congress failed to pass the bipartisan border deal, but the EO has received criticism from both Republicans and Democrats.
• Many Democrats in Congress believe Biden is caving to Republican policies and that the EO will not reduce migration. Sen. Alex Padilla (D-CA) accused the Biden administration of “reviving” the Trump administration’s asylum ban and stated it “will lead to people with legitimate asylum claims being prevented from seeking safety and returned to harm.” Rep. Pramila Jayapal (D-WA), chair of the Congressional Progressive Caucus, also expressed her disappointment and said that the real immigration issue is the lack of legal pathways.
• Meanwhile, many Republicans, including Trump, are claiming the EO is all show and that Biden is not serious about border security. House Speaker Mike Johnson (R-LA) accused the Biden administration of engineering an “open border” and that Biden’s EO is weak “window dressing.” Johnson said that if Biden was serious about addressing the border, he would have taken action sooner.

Yes, but: Former President Trump used the same provision to enact the “Muslim Ban,” and Biden’s EO will likely face similar legal challenges. The American Civil Liberties Union (ACLU) announced its plans to sue the White House, stating that the asylum ban “was illegal when Trump did it, and it is no less illegal now.” 

The big picture: Biden’s Border EO represents a historic shift as it “suspends long standing guarantees that anyone who steps onto U.S. soil has the right to ask for protection.” However, immigration continues to be a political liability for Biden, and the White House was willing to take this drastic measure because immigration remains a top concern for voters nationwide. The Biden Campaign hopes the Border EO will give the President and swing-seat Democrats an advantage over Republicans by appealing to moderate Democrat and independent voters who have said they trust former President Trump more on immigration policy.

Immigration Reports:

• The American Immigration Lawyers Association (AILA) released a policy brief on the Biden administration's Border Executive Order (EO). The brief outlines section 212(f) of the Immigration and Nationality Act (INA), which gives the administration a legal basis for the border expulsion authority. It also explains that not allowing migrants to claim asylum and sending them back to Mexico or their country of origin will have humanitarian consequences and may not be effective in reducing irregular border entries.
• Another full analysis of the executive order was done by the American Immigration Council and can be found here.

Global Immigration News & Notes

Australia: The government has amended the Migration Regulations to create the new Pacific Engagement visa (PEV – subclass 192), as it promised in January 2024.  Up to 3,000 visas will be allocated to eligible Pacific island and Timor-Leste nationals each year.

Canada: On June 3, 2024, the IRCC announced new, enhanced caregiver pilots. The new pilot programs will provide home care workers with permanent residence (PR) on arrival in Canada. They will also be allowed to work for organizations that provide temporary or part-time care for people who are semi-independent or recovering from an injury or illness.

Ireland: Effective June 5, 2024, temporary measures which allowed Ukrainian nationals to travel to Ireland without a biometric passport will cease to be in effect. All third country nationals, now also including Ukrainians, travelling to Ireland must have a valid biometric passport. 

Japan / Luxembourg: Japan and Luxembourg will introduce a bilateral working holiday program. It will allow nationals aged between 18 and 30 years to travel to and work in each other's countries for up to one year.

Malaysia: Effective June 4, 2024, submission of the Foreign Knowledge Worker (FKW) projection (known as “headcount” or “quota”) has been further simplified and the projected quota will be automatically approved.

What We’re Reading

Opinion | The global immigrant shortage is almost here Eduardo Porter | Washington Post, 06/05/24

EIG poll: Voters in both parties want more high-skilled immigration John Lettieri and Connor O’Brien | Economic Innovation Group, 06/04/24

Under a Second Trump Term, the DHS Will Be Even Harsher Than Before Gaby Del Valle | The Nation, 06/04/24

Corporations Say 2020 Politics Were Awful. 2024 Is Even Worse Bill Allison | Bloomberg Government, 06/05/24

The Budget Geeks Who Helped Solve an American Economic Puzzle Enda Curran and Augusta Saraiva | Bloomberg Government, 06/03/24

What We’re Listening To

In this powerful and insightful episode of the Immigration Nerds podcast, host Lauren Clarke sits down with Dr. Ken Fong, host of the Asian America Podcast, to celebrate Asian American Native Hawaiian and Pacific Islander (AANHPI) Heritage Month.

Dr. Fong shares his own family’s compelling immigration story, highlighting his grandfather’s journey to America, the challenges faced by Chinese immigrants during the Chinese Exclusion Act era, and his father’s brave service in World War II. The conversation delves into the importance of storytelling in showcasing the diverse experiences and contributions of Asian Americans, which are often underrepresented in mainstream media and history.

This episode serves as a powerful reminder of the significance of AANHPI Heritage Month and the ongoing need to celebrate and uplift the stories of this vibrant and essential part of the American fabric.