New US Immigration Regulations Proposed

The original article is here 

 The Biden administration announced a plan on Tuesday that would prohibit migrants from seeking asylum in the United States if they had not already begun the process during their journey to the southwest border. Biden officials said that the new policy is necessary “in anticipation of a potential surge of migration” once Title 42, a public health measure the Biden and Trump administrations employed to turn away migrants entry from the border during the pandemic, ends as it is expected to in mid-May. The federal government also hopes the rule will reduce human smuggling and overcrowding at border facilities, according to the policy, scheduled to be published Thursday. 

The rule, proposed by the Department of Homeland Security and the Department of Justice, would be a temporary measure to prohibit migrants who come to the U.S-Mexico border from seeking asylum if they have not sought it elsewhere on the way there or pursued a legal avenue of migration to enter the United States. Once Title 42 ends, the new rule would go into effect and last two years. 

The rule would create a “rebuttable presumption of asylum ineligibility” for migrants who do not follow the rule’s conditions, but says it would not include cases where people: 

▪ Are coming to the U.S. under one of the government’s parole processes 

 ▪ Make an appointment with immigration authorities at a port of entry through a mobile application called CBP One or can prove to the federal government that they could not do so, or ▪ Have applied and been rejected for asylum protection elsewhere. Meanwhile, people experiencing serious or life-threatening medical emergencies who cannot get treatment for those conditions elsewhere are exempt if they can prove their cases, as are people whose lives are in danger or who are victims of sex trafficking and human trafficking. Biden administration officials said on Tuesday during a conference call with reporters that the policy was made “out of necessity” because Congress has not passed immigration reform. They also emphasized that it complemented parole processes such as the ones announced last month for Cuba, Haiti, Venezuela, and Nicaragua, which allow people from those countries to live and work in the United States for up to two years. “It is intended to fill the void that Congress has left by taking no action,” the official added. “To be clear, this wasn’t our first preference, or even our second.” 

The new policy would apply to all migrants, regardless of nationality, officials said. a ​tortious interference lawsuit from that?” asked Kevin Guthrie, director of the Division of Emergency Management. 

“What we have seen is, when there is a real consequence to crossing irregularly between ports, we see a dramatic drop,” a senior administration official said, “People avail themselves of the legal pathways. And this has a really positive impact, not only on our resources, CBP, on the ground, but also on border communities. So that is a big part of our policy.” Department of Homeland Security Secretary Alejandro Mayorkas had mentioned the rule’s creation when the Biden administration announced the parole processes for Nicaragua, Cuba, and Haiti last month. 

Dozens of Democratic lawmakers sent a letter to President Biden on Jan. 25, saying that the proposed rule created a “transit ban” like the one the Trump administration had established and that a court had struck down because it was in violation of asylum laws. “As the administration well knows, current conditions in Mexico — the primary transit country — cannot ensure safety for the families seeking refuge in the United States,” the letter said. Following widespread criticisms from immigration advocates and lawmakers, Mayorkas said during a recent interview with MSNBC that the proposed regulation was not a “Trump-era policy.” 

Biden officials also pushed back on comparisons to Trump’s policies on Tuesday, insisting that the new rule is not a categorical ban on migrants seeking asylum.  “This is definitely different, in that we are offering a rebuttable presumption, and not barring access to asylum like the prior administration did,” a second senior administration official told reporters. “Unlike the transit ban, the proposed rule does not require non-citizens to seek asylum in a third country. It allows individuals to seek asylum in the U.S., so long as they enter through a lawful pathway, including scheduling an appointment through the CBP One app, or through one of these established lawful processes.” 

Bilal Askaryar, interim campaign manager for Welcome with Dignity, an asylum advocacy organization, said in a statement on Tuesday that “Trump’s cruel playbook will now be Biden’s legacy.” Immigration advocate Guerline Jozef, executive director at Haitian Bridge Alliance, described the rule as “absurd” and “illegal” and said it would “effectively shut down our asylum system.” “President Biden campaigned on restoring the soul of America, which includes restoring our asylum system. Instead, President Biden has made it a practice of recycling Trump-era policies, like this asylum transit ban,” she said in a statement. Homeland Security and Justice will be taking comments on the proposed rule for the next month. Officials said they would welcome comments and feedback. This story was originally published February 21, 2023, 4:00 PM. SYRA ORTIZ BLANES

Read more at: https://www.miamiherald.com/news/local/immigration/article272562036.html#storylink=cpy

Haitian Immigration Information

Original Article appears HERE 

From The Haitian Times

BY J.O. HASELHOEFJAN. 10, 2023

 Thousands of Haitian families and friends across the United States, Haiti and other parts of the Americas spent the weekend excitedly searching for information about becoming a financial supporter, or sponsor, to would-be immigrants. The flurry of inquiries follows the Biden Administration’s Jan. 5 immigration announcement that it would turn back migrants from the land borders and implement a program that could bring as many as 720,000 people into the country over the next two years.

The process, detailed by the Department of Homeland Security (DHS) and the White House, allows up to 30,000 Haitians, Nicaraguans, Venezuelans and Cubans per month, beginning Jan. 6, to enter the U.S. They will be allowed to enter and work in the U.S. if they have eligible sponsors who pledge support to them financially and pass security vetting. 

DHS has not yet set a limit on the overall number of beneficiaries or length of time this program will continue as it monitors the impact.

The following is based on announcements by DHS and the White House and are subject to change as more details are released. 

Program application basics

To become a financial supporter, an aspiring sponsor must initiate the process by completing Form I-134A. The application process is free and must be completed online, according to the U.S. Citizenship & Immigration Services (USCIS), a DHS agency. [See below for step-by-step details]

Fluent English speakers should be able to complete the form in less than one hour if they have all necessary documents handy.

How long the government will take to process the influx of applications is not yet known. The government’s website does not say.

Important Note: The person sponsored, also referred to as the beneficiary, must follow a separate process to secure a visa to enter the U.S., if their sponsor is approved.

Migrants family heading to the U.S. Southern Border in 2021 through dangerous trips from South and Central America. A new parole program would allow U.S.-based family and friends to apply for entry of those who might otherwise travel by land to the U.S. Illustration by The Haitian Times

Who may become a financial supporter (sponsor)

U.S. citizens or lawful permanent residents — people who have been granted a Green Card, Temporary Protected Status (TPS), asylum relief, deferred action or Deferred Enforced Departure — may become sponsors. Organizations or multiple individuals for one beneficiary are also eligible. 

A supporter must reside in the U.S. and agree to financially support each potential immigrant — even children under 18 — as an individual beneficiary for the duration of the parole period. The status usually lasts one year, sometimes two. 

The USCIS website for Form I-134A does not indicate a specific income level or financial resources required of a supporter. However, Emanuel Depas, a New York-based immigration attorney, said that in past immigration sponsorship cases, a sponsor’s annual income would need to be at 125% of the federal poverty guidelines. As of March, 2022, if there were two in the sponsor’s household, that would mean $22,887.

Examples of support a sponsor might provide, include:

• Receiving the immigrant upon arrival and transporting them to initial housing;
• Ensuring safe and appropriate housing and initial basic necessities.
• Helping the beneficiary complete paperwork for employment authorization, Social Security card and other services.
• Ensuring health care and medical needs are met.
• Assisting with accessing education, learning English, securing employment and enrolling children in school.

More than 200,000 Americans have signed up to sponsor Ukrainians seeking refuge in the U.S. under the Uniting for Ukraine program. Welcome.US, a national nonprofit that was originally started to help resettle Afghan refugees, is helping connect Ukrainians in need of sponsors with U.S. residents looking to help.

“It provides an avenue for Americans who don’t have a direct connection in the place to be able to sponsor someone from that place,” Cecilia Muñoz, co-chair of Welcome.US.

Now, as the U.S. is opening the program to Haitians, Welcome.US is working to get their content in Creole they said. Haitians who may not know someone in the U.S., or know someone with the financial means, might benefit.

And they also want to call forward more sponsors and to look at their website for more info on how to become one.

“It’s a serious commitment,” Muñoz added. “You are [offering] to receive someone and make sure that they are okay, that they have a good spirit, that they have adequate housing and that they have what they need to be successful here.”

Financial requirements for sponsorship

The U.S. Citizenship & Immigration Services (USCIS) site has not indicated as of this writing what level of support is required to apply to support a family member or friend. 

Completing the correct financial support form

To complete Form I-134A, which must be filed online, follow these steps: 

1. Create a USCIS account by linking here and scrolling halfway down the page to the blue highlighted box, “File Online.” 
2. There, enter an email and password, which will be confirmed in a two-step authentication process.
3. Find Form I-134A on the site.
   1. Do not confuse it with Form I-134, which is the initial paperwork for Venezuelans.
   2. Do not confuse it with Form I-864, which is a contract with the federal government for financial support, but not a pathway towards a permanent residence card, or Green Card.
4. Complete the form online and attach or upload the appropriate supporting documents such as bank statements, employment and salary verification and recent income tax return. 

What happens after submitting the application 

Once the application is received, the U.S. government vets aspiring supporters to ensure they have the financial means to support the intended immigrant. 

If the application pushes forward, USCIS may require fingerprints, photograph or signature to verify a supporter’s identity and obtain additional information. During the biometrics appointment, supporters will be asked to reaffirm their understanding and commitment to support the immigrant they’re sponsoring. 

A Haitian woman walks along Central Poniente Ave. in Tapachula in 2021. Although the numbers of Haitians in Tapachula has diminished, between 4,000 and 7,000 Haitians live in the city. Most are waiting for immigration documents to travel to other cities.

Tracking the application online

Throughout the process, applicants can track their cases online through their USCIS account, respond to official requests for additional information or learn the federal agency’s final decision. 

Applicants for the supporter role may call the USCIS Contact Center at 800-375-5283. For TTY (deaf or hard of hearing) 800-767-1833. A secure message can be sent through a person’s USCIS account. The Frequently Asked Questions sectionprovides information. 

Free legal clinics in various communities or licensed, reputable attorneys can also provide guidance. 

CBPOne app is not for potential sponsors

The CBPOne app is not for people applying to become financial supporters, and should not be confused with the online application available on USCIS.gov. CBPOne comes into play for the traveler only after the federal government approves that person’s financial supporter.

CBPOne serves migrant travelers, such as those en route via land through South or Central America to Mexico, who may need a variety of Customs and Border Protection Services. The app directs each type of user to the services based on their needs. For example, land travelers can use it to submit their traveler information in advance, prior to their border crossing into the United States.

Beware of immigration scams 

As with many immigration processes, people try to take advantage of others, requesting application fees when there are none, providing inaccurate directions or stealing private documents. 

“Beware of any scams or potential exploitation by anyone who asks for money associated with participation in this process,” the official USCIS website warns. 

Only an attorney or accredited representative working for a Department of Justice recognized organization can give legal advice. 

Ashley Miznazi contributed to this article

The word “parole” was removed from the article to avoid confusion with its other uses in immigration.