Securities:
DHS increases premium processing fees – On February 26, 2024, the Department of Homeland Security will increase the premium processing fees charged by U.S. Citizenship and Immigration Services.
DOJ threatens to sue Texas over state migration bill – The Department of Justice sent a letter to Texas Governor Greg Abbott threatening to sue the state over his Senate Bill 4. The bill would, beginning March 5, 2024, create new state crimes related to federal prohibitions on noncitizen illegal entry and reentry. in the United States, among others.
U.S., Mexico issue joint statement following visit to discuss migration management – On December 27, 2023, a U.S. delegation visited Mexican President Andrés Manuel López Obrador and others to discuss migration management.
The DOS offers an additional questionnaire for passport applications – The Department of State is seeking public comment on a proposed supplemental questionnaire to an existing passport application that would solicit information relating to the identity of the respondent.
Details:
DHS increases premium processing fees
On February 26, 2024, the Department of Homeland Security will increase the premium processing fees charged by United States Citizenship and Immigration Services (USCIS):
- From $1,500 to $1,685, for Form I-129, Petition for Nonimmigrant Worker, for H-2B and R-1 Nonimmigrant Status, and Form I-765, Application for Authorization to work, for some F-1 students.
- From $1,750 to $1,965 for Form I-539. Application for extension/modification of nonimmigrant status, for F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L -2, H Non-immigrant status -4, O-3, P-4 and R-2
- $2,500 to $2,805 for Form I-140, Immigration Application for Foreign Workers, for employment-based classifications E11, E12, E21 (non-NIW), E31, E32, EW3 and recently available E13 and E21 (NIW)
A table from the final rule shows that overall, of those eligible for premium processing in FY 2018 through 2022, 57% chose to submit a premium processing request:
If USCIS receives a postmarked Form I-907 on or after February 26, 2024, with an incorrect filing fee, it will reject the Form I-907 and return the filing fee. For filings sent by commercial mail (such as UPS, FedEx and DHL), the postmark date is the date shown on the mail receipt, USCIS said.
Details:
- USCIS alert (December 27, 2023).
- USCIS final rule, 88 Fed. Reg. 89539 (December 28, 2023).
DOJ threatens to sue Texas over state migration bill
The Department of Justice sent a letter to Texas Governor Greg Abbott on December 28, 2023, threatening to sue the state over its Senate Bill 4 (SB4). The bill would create, beginning March 5, 2024, new state crimes related to federal bans on illegal entry and reentry of noncitizens into the United States, and would authorize state judges to order the expulsion of certain non-citizens from the country. This would allow Texas law enforcement to arrest people suspected of being in the United States without authorization. The letter states that SB4 “is preempted and violates the Constitution of the United States.” Accordingly, the United States intends to file suit to prohibit the enforcement of SB4 unless Texas agrees to refrain from enforcing the law.
The letter states that in addition to violating the U.S. Constitution, which charges the federal government with regulating immigration and controlling international borders, SB4 also conflicts with various provisions of the Immigration and Nationality Act. For example, it “interferes with the federal government’s ability to enforce the provisions of federal law on entry and removal” and “conflicts with various provisions of federal law allowing noncitizens to apply for a protection against deportation to avoid persecution or torture. Likewise, SB4 inappropriately regulates the movement of people across an international border and undermines the foreign relations of the United States,” the letter said.
The letter gives Texas until January 3, 2024 to respond. Otherwise, “the United States will pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government.”
Several civil rights groups, including the American Civil Liberties Union and the Texas Civil Rights Project, have already filed lawsuits challenging the constitutionality of SB4.
Details:
U.S., Mexico issue joint statement following visit to discuss migration management
On December 27, 2023, a U.S. delegation visited Mexican President Andrés Manuel López Obrador and others to discuss migration management. The U.S. delegation was led by Secretary of State Antony Blinken, Homeland Security Secretary Alejandro Mayorkas and White House Homeland Security Advisor Elizabeth Sherwood-Randall.
The two countries reaffirmed their existing commitments aimed at fostering “orderly, humane and regular migration”, including by strengthening their partnership to address the root causes of migration, as well as the initiative of the two countries in favor of Cubans, Haitians, Nicaraguans and Venezuelans. The statement emphasizes ongoing cooperation, “to include increased efforts to disrupt human smuggling, trafficking and criminal networks, and to continue work to promote legal migration pathways rather than ‘irregular’. Both delegations also agreed on the importance of maintaining and facilitating bilateral trade at the U.S.-Mexico border.
Mexican President López Obrador stressed the need to continue investing in ambitious development programs across the hemisphere. The delegations also discussed “the benefit of regularizing the status of long-term undocumented Hispanic migrants and DACA recipients, who constitute a vital part of the U.S. economy and society.”
The two delegations agreed to meet again in Washington in January 2024.
Details:
The DOS offers an additional questionnaire for passport applications
The Department of State (DOS) has issued a 60-day notice seeking public comment on a proposed supplemental questionnaire to an existing passport application that would solicit information relating to the respondent’s identity, including family circumstances and of birth, necessary before the issuance of the passport. If such information on Form DS-5513 is required, a passport agency will send the form to the applicant to complete and return, or the applicant can download and complete a fillable PDF version.
The DOS will accept comments until February 26, 2024.
Details:
- BACK notice, 88 Fed. Reg. 89002 (December 26, 2023).