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New Immigration law proposals
Kyle Huffman • Nov 09, 2023
Representative Gabe Vasquez of New Mexico’s 2nd Congressional District has recently introduced five new immigration-related bills to Congress, in an effort to make progress on solving the United States immigration issues, particularly in regard to border crossings at the U.S. Southern Border. Let’s take a closer look at these bills and the benefits that they can provide, if passed into law:
1. The Strengthening our Workforce Act
The first bill proposed by Representative Vasquez aims to provide support for a few key industries of the United States economy. Specifically, this bill seeks to provide a legal pathway to permanent residency and citizenship. This bill will create the opportunity for migrants in “critical industries” – healthcare, education, and law enforcement, to apply for a two-year temporary provisional status, to continue working in their chosen profession of critical importance. Following the two-year probationary period, these individuals would then be eligible to apply for adjustment of status to permanent residents.
2. The Stop Coyotes’ Oppression and Organized Trafficking, and Ensure the Safety Act
This bill, quite simply, aims to increase the penalties for the criminals responsible for human trafficking, particularly for trafficking minors. The bill, if passed, would add an additional penalty of up to 10 years beyond for individuals found guilty of human smuggling as well as crimes of violence against children while trafficking.
3. The Smart Border Protection Act
This bill is seeking additional funding for the U.S. Customs and Border Protection Agency. The funds would be primarily distributed for two purposes: hiring more agents and improving border infrastructure. The hiring of additional personnel has clear implications for CBP’s efficiency and effectiveness. The increase to border infrastructure involves the purchase of scanning equipment to increase the ability to detect illicit substances from being smuggled into the United States through ports of entry. According to Representative Vasquez, this scanning equipment has greater than a 90% success rate.
4. The Humane Accountability Act
This bill, if passed, would do a great deal to help ensure safety and justice for asylum seekers. It would require each of the agencies working with asylum seekers, including Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Office of Refugee Resettlement (ORR), to create reports to congress about the state and condition of migrant detention centers. This bill would be a big step in the right direction to ensuring that every migrant seeking the protection of the United States has the opportunity to navigate the U.S. immigration system from a place of dignity and respect.
5. The Farm Workforce Support Act
The last of the five bills introduced by Representative Vasquez aims to support the United States’ agricultural industry, which has been facing a labor shortage for the past several years. If passed, this bill would allow temporary work visas and labor protections for agricultural workers.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
The U.S. Constitution protects all immigrants, including undocumented immigrants while participating in protests in the U.S. Here is a list of some of the rights covered in the U.S. constitution to consider when you are participating in protests: Right to free speech. The First Amendment prohibits the government from restricting your right to free speech. People have the right to participate in protests, marches, and demonstrations. Right to be free from retaliation. The First Amendment prohibits the government from retaliating against you for exercising your rights such as your right to free speech. Right to remain silent. The Fifth Amendment protects you from self-incrimination and provides the right to remain silent. Right against unreasonable search and seizure. The Fourth Amendment protects you against unreasonable searches and seizures. Right to speak to a lawyer. If you are arrested or detained, you have the right to speak to a lawyer. Keep in mind, if you are undocumented and you are participating in protests, you are at higher risk of being detained by immigration officials if they are present at the protest. If you are undocumented make sure you have a plan in place if you are arrested or detained by law enforcement or immigration officials. It is important to take precautions and if you are arrested or detained you should contact an attorney immediately. If you have questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5
As of April 1, 2024, USCIS has instituted an inflation adjustment to immigration application filing fees . These fee increases apply to a majority of the different application types, including family-based, non-immigrant, and immigrant petitions. As a part of these fee increases, USCIS has also instituted a new program designed to provide funding to the United States’ Asylum Program, in order to better address the massive backlog of pending asylum claims currently waiting to be adjudicated. Unfortunately, these changes have led to confusion among petitioners for when they are required to pay the Asylum Program Fee, and when they may qualify for a 50% or complete exemption from the fee. The Asylum Program Fee is required to be submitted by employers in all I-129 and I-140 petitions filed on or after April 1, 2024. The Asylum Program Fee is $600, however, certain exemptions apply . Small employers , defined as having 25 or fewer total employees, qualify for a reduction of the Asylum Program Fee, but are still required to submit a reduced fee of $300. Individual petitioners, or self-petitions, such as in the case of an EB-2 National Interest Waiver, are considered small employers for the purpose of the Asylum Program Fee and are also required to submit the reduced $300 fee. Non-profit organizations are exempted from the Asylum Program fee and are not required to submit any additional funds with the ordinary I-129 or I-140 filing fee. In addition, non-profits qualify for a 50% reduction of the ordinary filing fee in certain types of applications, bringing the overall filing fee burden down substantially for non-profit organizations. With these changes to USCIS’ filing fee schedule, USCIS is hoping for significant improvements to efficiency and processing for pending asylum applicants. If you or your petitioning organization need any assistance in preparing an application for an immigration benefit, including ensuring proper compliance with the new fee requirements, our office is ready and waiting to help!