News

Supreme Court Temporarily Blocks Texas Immigration Law

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supreme court of the usa

Republican Gov. Greg Abbott signed the measure, Senate Bill 4, into law in December 2023, granting local law enforcement the power to arrest migrants and judges the ability to issue orders to remove them to Mexico. This was just after US Customs and Border Protection announced it would be temporarily suspending operations at the international railway crossing bridges in Eagle Pass and El Paso, Texas, due to a surge in border crossings by migrants. Texas law, S.B. 4, is an unprecedented measure for a State to enforce immigration law and even have the ability to remove noncitizens from the country. Immediately the legal community questioned whether Texas had the authority to enforce federal immigration law or to remove noncitizens from the country. The Supreme Court of the United States will be answering that question shortly as they have. While we wait to hear what the Supreme Court has to say Texas will be blocked from implementing the new law according to the decision Justice Samuel Alito made on Monday, March 4, 2024. The law was delayed from taking effect for seven days by the Fifth Circuit Court of Appeals in order to give the Biden administration time to appeal the matter to the Supreme Court, which they did. Now Justice Alito has delayed the implementation of the law until March 13, 2024, though the Supreme Court can extend that if they need additional time. In 2012 the Supreme Court struck down a measure that was passed by Arizona that did not go nearly as far as Texas’ S.B. 4. In Arizona v. U.S., the court’s 5-3 ruling upheld the authority of the federal government to set immigration policy and laws. The Supreme Court has a very different makeup now than it did in 2012, so it is entirely possible they will come to a different conclusion in this case. If they did allow the Texas law to stand it would change the the landscape of border security and enforcement of immigration law in the southern border states. There are very serious concerns about how Texas’ law could lead to racial profiling or instigate racial tensions in the State. Some advocates have said that the law would put Hispanics in danger and make them a target for unlawful stops and harassment by law enforcement as well as by anti-immigrant civilians. Earlier this year in Department of Homeland Security v. Texas the Court took up the issue of whether the Supreme Court should block an order by the U.S. Court of Appeals for the 5th Circuit that generally bars federal Border Patrol agents from cutting or moving razor wire installed by Texas along a portion of the U.S.-Mexico border. In that case the Supreme Court granted a request from the Biden administration to allow federal Border Patrol agents to cut or move razor wire installed by Texas along a portion of the U.S.-Mexico border. We should be hearing from SCOTUS on this matter prior to the expiration of SCOTUS’ current injunction on March 13, 2024.

NY Immigration Courts Closed Tomorrow, February 13, 2024

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Check the EOIR Operational Status Webpage EOIR Operational Status Update An email sent out by EOIR states that the Broadway, Varick Street, and Federal Plaza Immigration Courts in New York City will be closed tomorrow, February 13, 2024. The Boston, Elizabeth, Hartford, New York – Broadway, New York – Federal Plaza, New York – Varick, and Newark immigration courts will be closed tomorrow, Feb. 13. Please see EOIR’s Operational Status webpage for details on internet-based hearings that will proceed, the alternate filing location, and agency operations nationwide.   Internet-Based Hearings Are Not Cancelled Depending on Immigration Judge Check the EOIR Operational Status Webpage to see if your online hearing is going forward because they are specific to the Immigration Judge. 26 Federal Plaza: Internet-based hearings will proceed for IJs Cohen, Douchy, Golovnin, Gordon-Uruapka, Johnson-Papillo, Loprest, McFarland, Segal, Sponzo, Thompson, Tsankov, Segal, and Zagzoug. Alternate filings at Batavia. Varick Street: Internet-based hearings will proceed for IJs Kolbe and Mulligan. Alternate filings at Batavia. 290 Broadway: Internet-based hearings will proceed for IJ McKee. Alternate filings at Batavia. EOIR Operational Status

USCIS Reduced Its Backlog for the First Time in Over a Decade

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USCIS completed over 10 million cases in 2023. This information is according to a press release from the United States Citizenship and Immigration Service (USCIS). The press release states: In FY 2023, USCIS received 10.9 million filings and completed more than 10 million pending cases– both record-breaking numbers in the agency’s history. In doing so, USCIS reduced overall backlogs by 15%. Among USCIS’ record number of case completions in FY 2023, the agency administered the Oath of Allegiance to more than 878,500 new U.S. citizens, including 12,000 members of the military, effectively eliminating the backlog of naturalization applications . The median processing time for naturalization applicants decreased from 10.5 months to 6.1 months by the end of the fiscal year, achieving the agency’s longstanding goal and significantly reducing waiting times for most individuals seeking U.S. citizenship. USCIS Press Release (available at: https://www.uscis.gov/EOY2023) The press release explains that USCIS received 10.9 million filings and completed “more than 10 million” cases. It is is difficult to understand how USCIS could have reduced its backlog if it completed less cases than were added to the backlog in 2023. However the math works USCIS claims it has reduced its overall backlog by 15%. The graph to the left is from the press release. Cycle Times USCIS states that in March 2022 new internal cycle time goals were established for 25 forms to guide the agency’s backlog reduction efforts. A cycle time measures how many months’ worth of pending cases for a particular form are awaiting a decision and are used to gauge progress on reducing backlogs. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS states that it achieved the cycle time goal for nine of the forms, including naturalization. Further, USCIS claims it reduced cycle times for all but one of the 25 forms that were identified.  USCIS notes that it achieved these time reductions at the same time it was receiving a record number of new cases and responding to growing humanitarian needs around the world. USCIS predicts that it will continue reduce processing times and will work to achieve the stated cycle time goals. Displayed below is the data from a select number of those 25 forms. The full data set for all 25 forms is available from USCIS.

USCIS Enhancing Transparency Introducing myProgress for Application Tracking

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The United States Citizenship and Immigration Services (USCIS) has taken a significant stride towards improving the application processing experience with the introduction of myProgress, formerly known as personalized processing times. What is myProgress? myProgress offers enhanced transparency for applicants, allowing them to track the progress of their Form I-485 or Form I-821 in real-time. This service is currently available for family-based or Afghan special immigrant Form I-485 applicants. It’s a user-friendly tool accessible through the USCIS online account. Who is Eligible to Use myProgress? For now, the service will only be available for family-based or Afghan special immigrant Form I-485, Applicants for Permanent Residence or Adjust Status, and Form I-821, Application for Temporary Protected Status. Key Features of myProgress Applicants with a pending Form I-485 or Form I-821 can now: How to Access myProgress To utilize myProgress, applicants need to follow these simple steps: Forms Supported by myProgress myProgress is currently available for the following forms: Additional Information While myProgress is a valuable tool, all applicants and petitioners must still use the Check Case Processing Times webpage to determine eligibility for filing a service request outside of normal processing times. For more detailed information on myProgress, please refer to the full announcement. This development marks a crucial step in USCIS’s ongoing efforts to enhance the application process, increase transparency, and reduce contact center wait times. Applicants are encouraged to take advantage of myProgress to stay informed about their case processing journey.

New USCIS Form Editions (Form I-601A, G-325A, & I-907)

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New USCIS Forms

On November 13, 2023, USCIS released a new edition of the Form I-601A, Application for Provisional Unlawful Presence Waiver. The new edition is the 08/31/21. You can find the edition date of a form on the bottom of the page. See uscis.gov/forms/forms-update for information about updates to USCIS forms. On October 31, 2023, USCIS announced a new edition of the Form G-325A, Biographical Information (for Deferred Action). The new edition date for the G-325A is the 10/25/23 edition, which will be the only edition accepted starting today, November 14, 2023. New 08/31/2021 Edition Form I-601A Updated Form I-601A, Application for Provisional Unlawful Presence Waiver Form G-325A Update to Form G-325A, Biographic Information (for Deferred Action). New Edition Dated 10/25/23.