Weekly Round-Up: Remain in Mexico Policy; Afghan Allies; Voter Registration Penalties : Immigration Law Blog

White Home Terminates “Stay in Mexico” Program

On Tuesday, the Biden administration formally ended the Trump-era “Stay in Mexico” program, which had imposed potential asylum seekers to remain in Mexico whereas their functions for asylum processed within the U.S. immigration courtroom system. The Division of Homeland Safety Secretary, Alejandro Mayorkas, issued a memo stating that the coverage had not helped with border administration.

The coverage had not been enforced by President Biden since he took workplace however had not been formally revoked till this week. The transfer comes on the heels of a separate resolution of the Biden administration to bar the separation of households to prosecute immigrants for illegal border crossings.

White Home Faces Name to Defend Afghans Who Defended U.S. Navy Efforts

The Biden administration is going through growing stress to assist safe U.S. visas for Afghan nationals who assisted the U.S. army through the warfare in Afghanistan and whose lives could be in danger when the U.S. completes its full withdrawal of troops on September 11, 2021.

At the moment, Afghans who’ve been employed by the U.S. authorities can apply for cover within the U.S. by means of the Particular Immigrant Visa program. Nonetheless, there are greater than 18,000 Afghans on the waitlist and processing faces inordinate delays.

Each Democratic and Republican lawmakers have been pushing the Biden Administration for weeks to make adjustments to accommodate these visa candidates – Consultant Adam Kinzinger (R – Unwell.), a army veteran who served in Afghanistan, sponsored a invoice to authorize 4,000 new particular visas, though he acknowledged that “extra must be accomplished to clear the backlog on the Division of State earlier than the USA withdraws” all troops.

Fearing horrific outcomes if nothing is finished, former nationwide safety officers are resorting to extra dramatic efforts to assist, similar to evacuating Afghans to a secure location whereas the functions are being processed, or just to guard them from fast reprisal as soon as the U.S. has left. A transfer like this might support hundreds of Afghans who labored with the U.S. or its allies however in any other case wouldn’t qualify below the necessities of the Particular Immigrant Visa program.

New USCIS Coverage Alert Relating to Naturalization Eligibility and Voter Registration

Final Thursday, the U.S. Citizenship and Immigration Providers (USCIS) up to date their coverage guide with respect to how naturalization applicant’s good ethical character is affected if that applicant registers to vote or votes in a U.S. election.

A U.S. resident have to be an American citizen to vote in a federal election. Any noncitizen who registers to vote, votes, or claims to be an American citizen is a short lived bar from making use of for U.S. citizenship for 5 years (along with potential prison penalties). Nonetheless, the USCIS has now clarified that it’s going to not penalize an applicant who registers to vote unknowingly or with out intent to take action. Particularly, the USCIS doesn’t think about an applicant to have unlawfully registered to vote if they didn’t full or signal the voter registration part within the motorized vehicle or different state profit software, even when a state division of motor automobiles subsequently registers them to vote.

Moreover, the USCIS doesn’t think about an applicant to have unlawfully claimed to be a U.S. citizen if they didn’t affirmatively point out that they’re a U.S. citizen on the time they have been registered to vote; nonetheless, the burden is on the noncitizen to show the registration type didn’t ask a query in regards to the citizenship standing. The brand new coverage has fast impact.

If in case you have any questions on this weblog put up or some other immigration considerations, please be at liberty to contact me at wcmenard@norris-law.com or 484-544-0022.