Positive State Action in Immigration

Kyle Huffman • Aug 03, 2023

     In recent months, a great deal of the public conversation and news coverage around immigration has been broadly negative. Florida, in particular, has been dominating the immigration news cycle with the passage and implementation of SB 1718, which, among other things, enhanced the power of state law enforcement officers to enforce federal immigration laws. 

     While much of the focus has been on negative developments, other states have been taking great strides towards improving the immigration system. It is important to highlight these initiatives. 

    Of note, two states have recently made efforts to increase access to education for immigrant residents. One of these states is Minnesota, which has introduced HF 2073. The bill is currently in the legislative process, but if passed, it will provide additional funding to Minnesota State colleges and Universities, as well modifying existing grant programs. These changes include greater tuition assistance for low-income families, regardless of immigration status, which will enable tuition assistance for many who previously could not access these benefits due to immigration status. Similarly, the Utah State House passed HB 102, a bill that extends the application of in-state tuition rates at Utah universities for refugees, asylees, and humanitarian parolees. These changes stand to greatly reduce the tuition prices for these groups in higher education, allowing these individuals to enhance their own education as well as gain knowledge and skills for use in the workforce.  

    In addition to increasing access to higher education, several states are looking to immigration reform to address gaps in the labor market. For example, Maryland has removed a statewide requirement for permanent residency in order to obtain licensure, allowing qualified non-immigrant residents to practice medicine and ultimately, help alleviate the workforce shortage in the medical care field. Similarly, Tennessee passed SB 1451, which facilitates the process of acquiring U.S. medical licenses for professionals who were educated and trained in other countries and under different systems. Arizona, meanwhile, has passed SB 1563, which creates a new committee to study the unnecessary barriers to entry into the workforce facing new Americans, with the goal of facilitating entry into the workforce and ultimately, strong contributions to the national economy. 

    In the absence of comprehensive, sweeping immigration reform at the federal level, we are seeing an increased trend of states taking action regarding this field of law which has traditionally been dominated by federal policy and enforcement. We will continue to monitor changes on a state-by-state basis at the forefront of immigration reform. 
 
    If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys. 

    We look forward to working with you. 

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.

Kyle Huffman

By Kyle Huffman 09 May, 2024
The EB-5 Immigrant Investor Visa Program has long stood as a beacon of opportunity for those seeking to establish roots in the United States. However, in recent years, its allure dimmed due to concerns surrounding integrity, program abuse, and uncertainties regarding its future. Yet, with the passage of the EB-5 Reform & Integrity Act of 2022 , the EB-5 program finds itself on the brink of a renaissance, once again capturing the attention of investors worldwide. For those unfamiliar, t he EB-5 program offers foreign investors and their families a pathway to permanent residency in the United States by investing a minimum amount in a qualifying U.S. business venture . This investment must create or preserve a certain number of jobs for American workers. Historically, the program has been popular among affluent individuals seeking not only residency but also the opportunity to contribute to the U.S. economy. However, in recent years, the program faced criticism and scrutiny due to allegations of fraud, abuse, and inefficiencies. Investors became wary, and the program's popularity waned. Prospective applicants were hesitant to commit significant funds to a program plagued by uncertainties and bureaucratic hurdles. Enter the 2022 EB-5 Reform and Integrity Act . This landmark legislation addresses many of the concerns that have plagued the program in recent years. Among its key provisions are increased investment thresholds, stricter oversight measures, and reforms aimed at promoting integrity and transparency within the program. One of the most significant changes introduced by the reform act is empowering the United States Citizenship and Immigration Services (USCIS) to more effectively monitor and investigate potential instances of fraud or abuse. Additionally, the act introduces measures to streamline the application process, reducing bureaucratic red tape and expediting the adjudication of EB-5 petitions, resulting in faster processing for legitimate investments. The passage of the 2022 EB-5 Reform and Integrity Act has injected new life into the EB-5 program, reigniting interest among investors and immigration stakeholders alike. With its enhanced integrity measures and streamlined processes, the program once again represents a compelling opportunity for those seeking to pursue the American dream. Already, we are witnessing a resurgence of interest in the EB-5 program from investors worldwide. Developers and regional centers are seizing the opportunity to capitalize on the renewed enthusiasm, presenting a diverse array of investment opportunities across various industries and regions. Moreover, the EB-5 program's revitalization holds significant implications for the U.S. economy. By attracting foreign investment, the program has the potential to create jobs, spur economic growth, and facilitate the development of communities in need. Furthermore, it underscores the United States' commitment to welcoming and harnessing the talents and resources of immigrant investors. The passage of the 2022 EB-5 Reform and Integrity Act marks a pivotal moment in the history of the EB-5 program. By addressing longstanding concerns and implementing comprehensive reforms, the act has restored confidence in the program and positioned it for a prosperous future. As investors and developers alike embrace the opportunities presented by the revitalized EB-5 program, we anticipate a resurgence in interest and activity, reaffirming the program's status as a cornerstone of American immigration policy and economic development. I encourage any prospective investors to meet with one of our skilled attorneys to discuss the possibility of securing permanent residency, and eventually citizenship, through a qualifying investment under the EB-5 Immigrant Investor Visa Program. We look forward to working with you!
By Denice Flores 02 May, 2024
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By Kris Quadros-Ragar 18 Apr, 2024
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