Immigration Update – February 12, 2024

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Securities:

Mayorka impeachment attempt fails, but Republicans could try again after rejecting bipartisan bill to resolve border issues – On February 6, 2024, House Republicans unsuccessfully attempted to impeach Secretary of Homeland Security Alejandro Mayorkas. The same week as the impeachment vote, Senate Republicans rejected a border security bill.

USCIS Releases FY 2023 Data and FY 2024 Plan Highlights – U.S. Citizenship and Immigration Services released fiscal year 2023 end-of-year data and highlights of its fiscal year 2024 plans.

EOIR to move to DOJ connection – The Executive Office for Immigration Review is implementing a phased migration to DOJ Login that it plans to complete this spring. EOIR will notify users via email when it is time for them to activate their new DOJ login ID.

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Mayorka impeachment attempt fails, but Republicans could try again after rejecting bipartisan bill to resolve border issues

On February 6, 2024, House Republicans unsuccessfully attempted to impeach Secretary of Homeland Security Alejandro Mayorkas. The final vote was 214-216. Republicans have accused Mr. Mayorkas of failing to maintain operational control of the border, among other things.

Despite the impeachment failure, some Republicans have said they will work to revisit the effort, including Rep. Mark Green (R-TN), chairman of the Homeland Security Committee, and a spokesperson for the House chairman. House, Mike Johnson, who said they would reconsider impeachment. when we have the votes for adoption.

The Department of Homeland Security previously said in a statement that Republicans “don’t want to solve the problem; they want to campaign on it. “That’s why they undermined efforts to reach bipartisan solutions and ignored facts, legal scholars and experts, and the Constitution itself, in their quest to baselessly impeach Secretary Mayorkas.” The same week as the impeachment vote, Senate Republicans rejected a border security bill that had been in the works for months and was touted as a bipartisan path forward.

Only one cabinet member has been impeached in U.S. history. Secretary of War William Belknap was impeached in 1876 for corruption. A group of 25 constitutional law experts sent a letter to Rep. Green in January opposing the impeachment efforts against Mr. Mayorkas, calling them “totally unjustified from a constitutional law perspective.” They said: “If such allegations were enough to justify impeachment, the separation of powers would be permanently destabilized. »

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USCIS Releases FY 2023 Data and FY 2024 Plan Highlights

On February 9, 2024, United States Citizenship and Immigration Services (USCIS) released end-of-fiscal-year 2023 data. Below is a selection of highlights from USCIS data and plans for the 2024 financial year:

Backlog Reductions for Fiscal Year 2023

  • USCIS received 10.9 million cases and finalized more than 10 million pending cases, which it called “record numbers.” In doing so, USCIS said it reduced overall backlogs by 15%, including “effectively eliminating the backlog of naturalization applications.” The median processing time for naturalization applicants also decreased, from 10.5 months to 6.1 months at the end of the fiscal year.

Actions for Fiscal Year 2023 Affecting Workers and Employers

  • USCIS and the Department of State issued more than 192,000 employment-based immigrant visas and, for the second year in a row, ensured that no available visa went unused, USCIS said . The agency increased the maximum validity period of employment authorization documents (EADs) to five years for adjustment of applicants’ status. USCIS said it has clarified eligibility for a range of immigration services, including the International Entrepreneur Rule, the EB-1 immigrant visa for individuals of extraordinary ability and outstanding professors and researchers, and waiving the two-year foreign residency requirement for J-1. cultural and educational exchange visitors (including foreign medical graduates). The agency also proposed a new rule “to strengthen worker protections and the integrity of the H-2 temporary worker program.”
  • USCIS waived the biometrics fee and appointment requirement for applicants for change or extension of nonimmigrant status and updated the agency’s interpretation of the Immigration Protection Act. child status to prevent many child beneficiaries of noncitizen workers from “aging out” of child status, thereby allowing them to apply for permanent residency with their parents.

Plans for fiscal year 2024

In FY 2024, USCIS plans to:

  • Work to maintain median processing times of 30 days for certain EAD applications filed by individuals who entered the United States after scheduling an appointment through the CBP One mobile app or CHNV processes.
  • Continue to update policy guidance for the EB-5 investor visa programincorporating statutory reforms into the regional center program with respect to regional center designation and other requirements for immigrant investors.
  • Continue updating policy guidance for student classificationsincluding eligibility for work authorization, change of status, extension of stay, and restoration of status of F and M students and their dependents in the United States.
  • Finalize a new rule on the H-1B program for workers in skilled trades.
  • Propose a new rule on the status adjustment processincluding regulations clarifying the calculation of age under the Child Status Protection Act and providing work authorization to certain derivative beneficiaries awaiting immigrant visas when they present compelling circumstances.

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EOIR to move to DOJ connection

On February 9, 2024, the Department of Justice’s (DOJ) Executive Office for Immigration Review (EOIR) announced new procedures for accessing the EOIR Court and Appellate System Case Portal (ECAS). EOIR is transitioning to “DOJ Login,” a cloud-based identity management and authentication service. To facilitate this change, users must confirm or correct their primary email address, which will serve as their DOJ login.

All currently registered practitioners will be migrated to the DOJ login ID to access the ECAS case portal, the EOIR said. EOIR is implementing a phased migration that it plans to complete this spring. EOIR said it has developed detailed instructions for this phased transition and will notify users via email when it is time for them to activate their new DOJ login ID.

Those who have questions or need assistance can email customer service at ECAS.techsupport@usdoj.gov or call 1-877-388-3842.

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