Immigration Week in Review: 6/28 - 7/5

US Immigration News & Notes

Deferred Enforced Departure for Liberians Extended: On July 1, 2024, President Biden issued a Memorandum on Extending Eligibility for Deferred Enforced Departure for Liberians that defers through June 30, 2026, the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who was under Deferred Enforced Departure (DED) as of June 30, 2024.

TPS for Haiti: DHS announced the extension and redesignation of Haiti for Temporary Protected Status (TPS) for 18 months, from Aug. 4, 2024, through Feb. 3, 2026, with a notice in the Federal Register.

Large Deportation Flight to China: The Department of Homeland Security (DHS) reported that it sent 116 Chinese migrants back to China in the first “large charter flight” Since 2018. In the past, the U.S. has been unable to return Chinese migrants as the Chinese government was resistant to accepting deportees. The flight was part of DHS’s attempt to deter further irregular migration from China.

Irregular Border Crossings Drop: According to new border patrol numbers, irregular border crossings fell to a three-year low in June. Agents apprehended around 8,400 migrants irregularly crossing the border last month, representing the lowest monthly number since Biden took office and a 30% drop from May. The Biden administration has attributed the recent drop in numbers to his executive order, announced in early June, banning most migrants from seeking asylum if they crossed the border between ports of entry.

Supreme Court Decision & Chevron

Last Friday, the Supreme Court, in a 6-3 decision, severely limited deference to federal agency interpretation of statutory law. In Loper Bright Enters v. Raimondo, the Court ruled that federal courts should no longer automatically defer to reasonable agency interpretations of unclear laws, overturning a 40-year-old legal precedent known as Chevron deference.

• Instead, judges will now have more authority to scrutinize and potentially override agency decisions and regulations.
• This shift represents a significant rebalancing of power between the judicial and executive branches of government.

Bottom line: The Loper Bright decision was a major victory for conservatives who had been advocating for decades to shrink the federal government's power, arguing that Chevron deference granted too much power to the executive branch. 

What’s next: Pursuant to Loper Bright, individuals will be able to more easily challenge agency regulations in federal court.

• The full impact of the decision is not yet known, but it is likely to lead to the slowing down of federal agency rule-making.
• It may also slow down Congress because lawmakers will need to be more specific when drafting laws, making it harder to reach bipartisan consensus.
• Congress may also need to hire additional staff and technical experts to write legislation as both legislative bodies lack staff with subject matter experts relying instead on federal agency expertise for complex matters. 

The decision will likely prompt a deluge of litigation challenging regulations across the federal government, including immigration and labor agencies. Immigration is expected to be a major topic in post-Chevron litigation:

• The decision could allow immigrants the opportunity for increased judicial review, including allowing employers to challenge the H-1B or L visa classification of a noncitizen worker.
• However the decision also allows anti-immigrant entities to challenge immigration regulations.

Global Immigration News & Notes

Australia: The Australian government has extended the time people from Association of Southeast Asian Nations (ASEAN) countries and Timor-Leste can visit to conduct business to up to five years, instead of three years, for applications lodged after April 1, 2024.

China: The governments of Australia and China have agreed to provide reciprocal access to five-year multiple entry visas for tourism, business, and visiting family members so as to better facilitate personal exchanges.

India: On June 22, 2024, the government inaugurated the “Fast Track Immigration – Trusted Traveller Programme” (FTI-TTP) at terminal 3 of Indira Gandhi International Airport, New Delhi.

Malaysia: Referring to the latest update for ESD Registered Companies regarding the new online processes for supporting immigration applications, the roll-out that was to be effective July 1, 2024, has been postponed to August 2, 2024.

Peru: Effective July 2, 2024, Venezuelan nationals require a valid passport and corresponding Peruvian visa to enter Peru.

United Kingdom: The UK had its election yesterday, July 4, and the Labour Party won.

• In the lead-up to the election, their agenda on immigration, though light on details, included a controlled and managed net migration system.
• They have suggested reform of the points-based immigration system with appropriate visa restrictions. No details of introducing a formal cap on any immigration routes have been announced.
• Labour's overall objective is to link immigration and skills policy closely and end long-term reliance on overseas workers in some parts of the economy by bringing in workforce and training plans for key sectors in the UK.

What We’re Reading

Six Reasons Why Immigrant Entrepreneurs Thrive In The U.S. Rohit Arora | Forbes, 07/02/24

US Chip Dreams Will Fade Without More Immigrants: Editorial The Editors | Bloomberg Government, 06/28/24

Immigration Is Behind the Strong U.S. Economy Jason Furman | Wall Street Journal, 07/01/24

US Isn’t Sacrificing Its Future for ‘Cheap Labor’ Tyler Cowen | Bloomberg Government, 06/28/24

Trump says immigrants are taking ‘Black jobs.’ Economists disagree. Abha Bhattarai | Washington Post, 06/28/24

On Immigration, Biden Offers a Muted, Muddled Message Jazmine Ulloa | New York Times, 06/28/24