The main event in early May for family-based immigration attorneys was the lifting of the border restrictions that were imposed by the Trump administration’s use of 42 U.S. Code § 265 to generally block land entry for many migrants during the COVID-19 pandemic. The end of Title 42 expulsions finds attorneys now facing a potential resource challenges due to a surge in case volume, especially as immigration detention rates rise. Attorneys also now face the myriad challenges brought on by the backlog of asylum cases, including both managing client expectations and devoting more time and resources to advocating for timely adjudication of their cases.
Immediate post-Title 42 deportations
In the week after Title 42 expired, Immigration and Customs Enforcement (ICE) announced the deportation or return to Mexico and elsewhere of over 11,000 migrants. The Biden administration has noted it as a strong deterrent, since migrants who attempt to cross unlawfully now face severe immigration and criminal consequences, such as five-year bans from the country and potential jail time. These kinds of measures compel attorneys to assess available client options like appeals, pursuing humanitarian relief, and exploring avenues for family reunification. They also face increased demand for legal help towards re-entry and in navigating the immigration process from home countries. This isn’t mentioning the need to provide families with support, empathy, and counseling to help cope with the trauma and upheaval caused by separation and deportation.
Dignity Act of 2023
On May 23rd, Rep. Maria Elvira Salazar (R-South Florida) and Rep. Veronica Escobar (D-Texas) introduced the DIGNIDAD (Dignity) Act of 2023. In its recent summary of the bill’s five sections, The National Immigration Forum addresses the scope of what the legislation covers, including aspects that affect family-based immigration issues. It includes a version of the Dream Act that provides a “conditional permanent resident” status that would allow Dreamers and DACA recipients up to 10 years of protection from deportation. The bill would also exempt spouses and minor children of lawful permanent residents from current family-preference green card caps, and boost annual F1 visa counts from 23,400 to 111,300. The bill also protects Documented Dreamers from aging out of status once they turn 21 due to delays in visa availability. Finally, as part of an attempt at asylum reform, a new humanitarian visa would be created for individuals who choose to be pre-screened for asylum and have credible cases.
Public charge rule blocked
At the end of May, the U.S. Senate passed a resolution to block the Biden administration’s 2022 public charge rule, which ensures green card applicants are not penalized for using government benefits. The impact on family-based immigration attorneys is clear. Attorneys must now navigate the more rigorous and intricate set of requirements to establish their clients’ financial self-sufficiency that were imposed by the Trump administration. They also have to address client fears of accessing vital public benefits for their families and provide accurate guidance to ensure their clients’ well-being. Finally, because the rule has faced legal challenges, attorneys must constantly stay updated on the latest developments, court decisions, and potential policy changes to effectively advise their clients.
Partnering towards efficiency
As workload and resource distribution issues mount when cases surge, it can pay off to collaborate with another firm in order to delegate tasks, expand expertise capabilities, and ensure that each case receives the attention and quality representation it deserves.
Contact The Fogle Law Firm, LLC
Interested in partnering to help navigate the post-Title 42 deportation era? Contact Charlotte Immigration Attorneys – The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We’re happy to explore ways to collaborate.