The Biden administration has been considering new limits on the number of migrants who could apply for asylum in the United States, which could expand restrictions similar to those put in place by the Trump administration along the border. The Biden administration is now debating whether they implement a new policy that would prohibit migrants who are fleeing persecution from seeking refuge in the U.S. unless they were first denied safety by another country, such as Mexico. The administration is considering this plan if there is a continuous influx of migrants along the border.
Fast-tracked immigration cases have been hurting migrants’ chances of being granted asylum. Syracuse University’s Transactional Records Access Clearinghouse (TRAC) has conducted a research study and found that since July, asylum grant rates have dropped, coinciding with the increase in expedited cases. The fiscal Year 2022 had the largest number of individuals granted asylum of any year in immigration court history, yet researchers found that the faster the cases went through the courts, the lower the asylum seekers’ chances.
USCIS released Form N-470, Application to Preserve Residence for Naturalization Purposes if you are a lawful permanent resident who must leave the U.S. for a period of one year or longer to engage in qualifying employment and you want to preserve your residence to pursue naturalization. In general, you must have been physically present in the U.S. as an LPR for an uninterrupted period of at least one year before working outside the country. If you are eligible for naturalization under section 319(b) of the Immigration and Nationality Act because you are married to a U.S. citizen working for certain organizations overseas, you are exempt from establishing the naturalization residency and physical presence requirements and will not need to file Form N-470.
Senators Kyrsten Sinema (D-Ariz.) and Thom Tillis (R-N.C.) are pushing for last-minute immigration reform before this year ends. The senators have been sharing a plan which they are calling a “draft framework.” This includes a $25 billion proposal for border security in exchange for a pathway to citizenship for about 2 million “Dreamers,” who are undocumented immigrants that were brought to the U.S. by their parents under Deferred Action for Childhood Arrivals (DACA). The plan also requests to extend Title 42 for at least a year until there is a creation of “regional processing centers” along the border that would be staffed with resources and personnel to help arrive asylum seekers.
Secretary of Homeland Security Alejandro N. Mayorkas announced the extension of Temporary Protected Status (TPS) for Haiti for an additional 18 months, from February 4, 2023, through August 3, 2023, due to temporary and extraordinary conditions in Haiti. Mayorkas also redesignated Haiti for TPS, allowing Haitian nationals residing in the U.S. as of November 6, 2022, to apply for TPS through August 3, 2024, so long as they meet all eligibility requirements. Haitians entering the U.S. after November 6, 2022, including those considering entering now, are not eligible for TPS. Due to the prolonged political crisis; gang violence; catastrophic earthquakes; and a lack of access to food, water, fuel, and health care, the U.S. will be extending and redesignating Haiti for TPS.