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This alert has been provided by the BAL U.S. Practice Group.
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It’s Dec. 22, and this is your BAL Immigration Report.
“I think what really matters is Republicans and Democrats coalescing around the idea that this is a way to create some solvency for Social Security. It’s a way to create some solvency for the economy, boost employment and to really understand the connection between immigration policy and economic policy more broadly.”
—Jeff Joseph, BAL Partner
Federal Judge Andrew Hanen has set a briefing schedule in the latest case challenging Deferred Action for Childhood Arrivals, or DACA. The parties will file briefs between now and April 6. A ruling is expected later in the year. In October, the Fifth Circuit Court of Appeals ruled that the 2012 memorandum that created DACA was unlawful. It also asked the district court to consider the legality of the Biden administration’s attempt to protect DACA through federal regulation earlier this year. The Department of Homeland Security continues to adjudicate DACA renewal applications but is prohibited at this time from granting initial DACA requests.
The State Department reduced nonemergency consular operations at posts across China last week, citing impacts from the country’s surging COVID-19 outbreak. Routine services are temporarily suspended, and most visa applicant appointments have been canceled. Emergency services remain available, and it is not yet known when normal operations will resume. U.S. citizens are encouraged to register in the Smart Traveler Enrollment Program, or STEP, to receive updates about the COVID-19 situation in China.
A conversation with BAL Partner Jeff Joseph: the midterm elections and the chances of comprehensive immigration reform.
BAL Immigration Report: The 117th Congress is about to come to a close. Earlier this month, Sens. Thom Tillis, a Republican, and Kyrsten Sinema, at the time a Democrat, reached an agreement on the outlines of an immigration proposal. According to press reports, the deal would have traded legalization and a path to citizenship for 2 million “Dreamers” for increased border security measures and a sped-up asylum process.
Their efforts came up short — at least for now. A new Congress will be sworn in in January, with Republicans assuming leadership of the House of Representatives. Jeff Joseph, a BAL partner and the second vice president of the American Immigration Lawyers Association’s executive board, says that when it comes to immigration reform, economic trends may be more important than the party that controls the House.
Joseph: People always think, “Oh, we need a Democratic House and Senate in order to pass immigration reform.” But historically, that’s just not true. If you look back to 1986, the last time we had a massive immigration reform, it was when Reagan had been elected and the Republicans were in power. Oftentimes, the Republicans have a very good sense of the connection between economics and immigration. So if you look at what was happening right before 1986 when we had the last reform, it was during the Carter administration — inflation was through the roof, gas prices were extremely high, unemployment was really high.
We’re in a situation where we have a very similar economic situation right now. And if we pass some sort of an immigration reform where we all of a sudden had 2 million new workers feeding into the economy and paying taxes, it would be a way to create some solvency for what we’re seeing in the economy now. Politically, I’m not sure it matters so much whether the Democrats or Republicans are ultimately in the House. I think what really matters is Republicans and Democrats coalescing around the idea that this is a way to create some solvency for Social Security. It’s a way to create some solvency for the economy, boost employment and to really understand the connection between immigration policy and economic policy more broadly.
BAL: Joseph said two of the top legislative priorities are reducing visa backlogs and granting legal status to Dreamers — undocumented immigrants who were brought to the country as children.
Joseph: I think recapture of employment-based visas is something that makes a lot of sense. When all the visas were wasted during COVID, there were a number of lawsuits filed to recapture those visas. And what we know is that once those lawsuits were filed, Congress got off their laurels and were able to process more visas than they anticipated that they would. So what we know is they have the capacity to do it — it’s just, do they have the willpower to do it? And so I think recapture of employment-based visas is a way to solve visa backlogs. It’s something that BAL would jump up and down, and our clients would jump up and down with joy, because the backlogs are a significant problem.
I also think Dreamers are something we have to figure out. Universally, whether you’re a Democrat or Republican, the polling shows that everybody is in support of finding a pathway to legalization for these kids that were brought here when they were kids through no choice of their own. That’s another one where, regardless of politics, we could potentially see some movement. Given DACA is being challenged in the courts all the time — it’s still being challenged — the only way to fix that is really to create a congressional solution.
Singapore has introduced a temporary work pass quota increase under its Manpower for Strategic Economic Priorities scheme. Eligible firms can increase their foreign workforce quotas by participating in programs that support key national economic priorities — including Singapore’s hub strategy, innovation or research and development, and internationalization efforts. It can also increase quotas by committing to hiring and training more local workers. The new scheme is part of the country’s effort to boost economic growth and create jobs for Singaporeans and foreign workers alike.
In Switzerland, the government recently expanded immigration services available through the EasyGov web portal. Some third-country nationals may now submit work permit applications online. The program is currently in the expansion stage. Notifications of gainful employment can be submitted in all 26 cantons, while services for work permit applications are being piloted in only one or two cantons at this time. Swiss authorities’ long-term goal is to streamline the work permit process throughout the country.
In the United Arab Emirates, officials amended their visa policies for foreign nationals applying to extend a visit visa. Applicants are now required to leave the country to apply for an extension. During the COVID-19 pandemic, authorities had temporarily allowed visitors to stay in the country when applying for an extension. However, as the virus situation has improved, authorities determined the policy was no longer needed.
Follow us on X, and sign up for daily immigration updates. We’ll be back next week with more news from the world of corporate immigration.
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