Issue 31: January 16, 2023
In this issue...
We're covering new policies from the Biden administration that mimic Title 42, new proposed legislation that would address Afghan refugees in the US, Germany's hosting of Ukrainian refugees, and how Brazil's election results may influence refugees living in the nation.
US Immigration Policy Update
By Marin Theis
Title 42
Despite promises earlier in his presidency to abolish the controversial policy known as Title 42, President Biden has recently announced new policies that mimic it. Title 42 is a policy that justifies the expulsion of asylum seekers for public health reasons. The Trump administration began using it during the COVID-19 pandemic, and the Biden administration planned to terminate it on May 23rd, 2022. However, the courts have prevented all attempts to lift the policy since.
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In a fact sheet released on January 5th, 2023, President Biden contradicted his efforts to end Title 42 by implementing new policies that effectively expand it. Cubans, Nicaraguans, Haitians, and Venezuelans that are not subject to Title 42 will now be expelled to Mexico if they attempt to enter the US unlawfully, and subjected to a 5-year ban. This policy will make it significantly more difficult for those groups to petition for asylum.
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Immediately following this announcement, President Biden made a visit to El Paso on his way to Mexico City for a meeting of North American leaders. As a result, a VOA news article revealed that immigration enforcement has begun to increase deportations to Mexico. Dylan Corbett, the executive director of non-profit Hope Border Institute, told VOA News that the policy, combined with President Biden’s recent visit, has created a “climate of fear” in El Paso and other border cities.
New Policies
In the same announcement as the Title 42 expansion, President Biden unveiled new routes to legal residency for certain groups. Nicaraguans, Haitians, and Cubans will now be eligible for the parole program currently in place for Venezuelans, so long as they have a financial sponsor in the US and pass background checks. This program will admit up to 30,000 people per month.
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President Biden has also committed to accepting up to 20,000 refugees from Latin America and the Caribbean in fiscal years 2023 and 2024. This is more than triple the amount of refugees admitted in fiscal year 2022.
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USCIS
A new report from USCIS indicates that green card application fees will significantly increase in the coming months. USCIS reevaluates its immigration fee structure every 2 years, and it receives over 96% of its revenue from application fees, so the fee increases are not unexpected. Application fees for marriage-based green cards will nearly double in cost from $1760 to $3640, and fees for accompanying children will increase to that of adult fees.
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In the same report, the agency released data on the amount of time it takes to process applications. There has been a massive decline in efficiency, and it is now taking certain forms 82% longer to review. These forms compose over 86% of the current immigration system backlog. This is because 93% of UCSIC forms have increased in length since their introduction, with the total length of an application climbing from 200 pages in 2003 to over 700 in 2023. Estimates indicate that this backlog will take over 10 million hours to sort through.
Afghan Adjustment Act Garners Bipartisan Support As Debate Continues
By Jack Elworth
The editorial boards of The New York Times, The Washington Post, and The Wall Street Journal agree on policy just about as often as the moon eclipses the sun. Amazingly, all three, along with countless other editorial boards across the nation, find a common cause in the Afghan Adjustment Act.
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After the Biden Administration’s withdrawal from Afghanistan, the U.S. vetted and evacuated nearly 80,000 Afghans from the nation, the vast majority of whom live in the U.S. on humanitarian parole, a program of legal residence with a two-year expiration date. Congressional gridlock has left the future of these refugees in America uncertain. The Afghan Adjustment Act, a proposed solution which creates a path to a green card for Afghans, did not make it into the legislature’s most recent omnibus bill despite bipartisan support for the measure.
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The case for the bill is popular on both sides of the aisle. Many Afghans that fled their homes face death for aiding the American mission in Afghanistan. Those who did not serve alongside Americans also flee the tyranny of the Taliban, a motivation which resonates with many Americans. Supporters argue that a certain future of these migrants secures the permanent monetary and social stability and productivity of Afghan refugees in American society.
Proponents point out that the Afghan refugees have already been vetted, and claim that they will be vetted again before receiving green cards. The moral argument is clear and compelling: the men and women who risked their lives alongside our own troops in hopes of a freer Afghanistan should, if we will no longer support liberty in their home, at least be given a chance at a safe and free future in America.
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Proponents stress urgency as the two year deadline looms. If Congress fails to act, the nearly 80,000 Afghan refugees on humanitarian parole will no longer legally be able to remain in the U.S. Many will face deportation. They could apply for asylum status, but an overwhelmed and backlogged asylum system promises little to refugees.
But the Afghan Adjustment Act’s opponents raise concerns both about national security—they doubt proponents’ claims that vetted Afghans pose no threat—and about the way in which the pro-omnibus bloc attempted to pass it. A coalition of Republican detractors argued that, while—and perhaps because—the Afghan Adjustment Act has important content, it should be debated and amended as its own issue, rather than an addendum in the 4,000-plus page omnibus spending bill. Senator Chuck Grassley claimed that classified briefings in the Senate led him to believe that the vetting process for refugees was inadequate.
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Nonetheless, the proposal remains on the table as the new congress and senate move forward. To support the passage of the Afghan Adjustment Act:
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E-mail your house/senate representative
To support Afghan Refugees in America:
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Donate, if possible, to a reputable organization aiding refugees, such as the Lutheran Immigration and Refugee Service (https://secured.lirs.org/page/39122/donate/1)
Ukrainian Refugees in Germany: A Look at The Past, Present, And Future
By Harrison Huang
Germany is known for its favorable policies toward refugees. Unlike most countries that take a passive stance towards forced migration and displacement, Germany is one of a few countries that actively engages in alleviating the pressures of migration and ensuring that refugees find a safe second home.
As a signatory of the 1951 Geneva Convention, Germany recognizes the right to asylum and protection of refugees in times when their home nations commit human rights violations, and it promises to carry out humanitarian aid. With a national ban on the forced return of displaced people, almost all refugees are eligible for a short period of stay in German territory and access to resources even if they are not eligible for a refugee or asylum status.
As of November 2022, Germany hosts about 1.02 million Ukrainian refugees, according to the Central Register of Foreign Nationals (AZR). Coping with this sudden influx of Ukrainian refugees is not an easy task for Germany, however. Due to Russia’s invasion of Ukraine and the ensuing energy shortage, authorities are struggling to provide emergency shelters to keep up with the influx of refugees. There are growing concerns over how to accommodate such a large number of people, as many of them will likely remain in Germany for extended periods.
Examining the 2015 European migration crisis (also known as the Syrian refugee crisis) may provide us with some insights into how Germany can deal with the current situation. Under former German chancellor Angela Merkel, Germany was at the forefront of refugee resettlement and accepted over one million refugee applications during that crisis. According to research conducted by the Center for Global Development, over half of these refugees found a job within five years of their arrival.
In addition to Germany’s decent response to the Syrian refugee crisis, the betterment of the admission process (called Königssteiner Schlüssel) has made resettlement more promising for Ukrainian refugees in the future. With the Königssteiner Schlüssel system, asylum seekers are initially registered in the nearest reception facilities in the respective federal state but are then distributed to each state according to the quota of that state. Larger states with more urbanization and resources for accommodation, such as Berlin, Bavaria (Munich), and North Rhine Westphalia (Cologne, Düsseldorf), are allocated more refugees.
In the meantime, Ukrainian refugees who have already been admitted to Germany are working hard to assimilate into German society. A BAMF (Federal Office for Migration and Refugees) report states that even though only about five percent of Ukrainian refugees had a good knowledge of German, half of the respondents are attending a German language course. About 17 percent of the refugees were already employed. With a good system in place and favorable policies constantly ensuring equal treatment and protection, Ukrainian refugees in Germany are en route to successful resettlement.
Lula’s Win in Brazil Changes Outlook for Refugees in The Country
By Nick Costantino
Luiz Inácio Lula da Silva, a left-wing member of the Workers’ Party, just became President of Brazil for the third time after being president from 2003 to 2010. This election is a major turning point in the politics of Brazil, as the previous President, Jair Bolsonaro, is a hard-right wing member of the Liberal Party who opposed immigration and the fight against climate change.
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Lula’s previous approach to migration, in 2009, demonstrates a progressive stance on the issue. He issued a law giving tens of thousands of illegal immigrants legal status, and, throughout his presidency, he was outspoken about other rich countries that were very strict on immigration calling on Europe and the U.S. to help stem the problem that many developing countries face with massive influxes of immigrants. His policies allowed and encouraged immigrants to work, and his policies allowed them to receive public education and healthcare.
Under Bolsonaro, though, the government cracked down on immigration and even utilized the army and multiple other governmental agencies to restrict border crossings from Venezuela, according to a report from the Latin America and Caribbean Centre. Previously, Brazil had the largest immigrant population in South America and was regarded as a relative safe haven under Lula, according to a report by the Council on Foreign Relations. During Bolsonaro’s presidency, The Brazilian congress was also extremely conservative, resulting in many laws being passed that restricted immigration.
Lula was also instrumental in lowering the rate of deforestation of the Amazon rainforest by 70 percent during his earlier presidency, and he pushed for other wealthier countries to fund climate mitigation efforts. Now, as he enters his third term in office, he has pledged to reach net-zero deforestation by 2030 after deforestation reached a 15-year high under Bolsonaro, according to a report by the Council on Foreign Relations. As climate change only exacerbates and creates new humanitarian crises, these steps help prevent humanitarian issues in the future.
Now that Lula’s returned to office, it is possible that he will allow even more immigrants to enter Brazil. However, the Brazilian congress is still relatively conservative, containing many individuals from Bolsonaro’s party, so it is possible the congress will block many key immigration bills.