June 2024
Welcome to Emerson Collective’s Immigration Update, a monthly newsletter that seeks to make sense of important immigration-related developments by situating them in broader policy, political, and human contexts.
Significant immigration policy changes were announced this month: new asylum restrictions, an initiative to protect undocumented spouses and stepchildren of U.S. citizens, new employment avenues for Dreamers, and a decision to extend and redesignate Haiti for Temporary Protected Status (TPS).
This month we also highlight some of the proactive measures to enhance orderly migration that are more cost-effective than waiting to react to large-scale irregular migration. Finally, we reflect on the significance of World Refugee Day to celebrate the resilience and contributions of refugees worldwide.
As always, thank you for reading. Now, let’s dive in.
Marshall Fitz
PRESIDENT BIDEN’S EXECUTIVE ORDERS
JUNE 6
President Biden issued an executive order on June 6 aimed at curbing the record number of migrant arrivals at the US-Mexico border. Under the new policy, once unlawful border crossings surpass a daily threshold of 2,500 people, emergency asylum restrictions kick in. After that time, and until the average numbers remain below a certain level for a sustained period, most migrants who cross the border between ports of entry are effectively no longer eligible for asylum.
This restricted access represents a dramatic shift in our country’s asylum policy and has raised serious concerns by human and immigrant rights organizations. The policy dynamic behind this extraordinary measure is that Congress’s decades-long inability to create a more flexible and responsive legal immigration regime has created a “one-place, one-door” problem: the only “place” for most people to request admission to the U.S. is at the border, and the only “door” they can come through is the asylum gate. The executive branch’s limited tools and resources to effectively manage and process the burgeoning numbers of asylum seekers have resulted in tremendous pressures on border and interior communities.
Whether this blunt executive action achieves its policy and political objectives will depend in part on whether it can surmount two significant hurdles:
- Legal Challenges: A lawsuit by the ACLU has been filed in federal district court challenging the executive order. The lawsuit contends that the president exceeded his authority by adopting a policy contrary to the federal law permitting migrants to apply for asylum whether or not they enter the U.S. at a port of entry.
- Dependency on Mexico: The success of this order relies heavily on Mexico, which is already addressing pressure on the border by busing migrants to southern Mexico before they reach the U.S. border. With Mexico’s resources stretched thin, their ability to manage the return of more people from the U.S. is uncertain.
↗ Click here to read Marshall’s LinkedIn post about this news
JUNE 18
While some advocates forcefully criticized the Administration’s asylum restrictions, virtually everyone cheered the subsequent announcement of two impactful immigration policies promoting family unity and economic growth. Indeed, recent polling has demonstrated broad support for these policies across the political spectrum.
The first policy announced by the President will enable the undocumented spouses and stepchildren of U.S. citizens to apply for a program called “parole in place.” This will allow them to receive work permits and protection from deportation. To be eligible, the spouse must have lived in the U.S. for at least ten years and pass background checks. This will provide peace of mind and security to 500,000 U.S. citizens while ensuring that their spouses are able to work in the formal economy. Given the pervasive labor shortages across the country, this policy will also contribute to economic growth and provide relief to local employers. And the Administration has set an aggressive timeline to roll out implementation of the policy with a target date of late August.
The second policy will clarify and significantly streamline the current process for certain Dreamers, with or without DACA, to pursue employment-based visas. Existing law authorizes the issuance of waivers for individuals who are inadmissible to the U.S. Take for example an undocumented student who graduates from college and is offered a job and visa sponsorship by an employer. That student can leave the country and request a waiver which, if granted, will enable them to reenter with an employment-based visa. Until now, however, that process has not worked well as it has left both the sponsoring employer and the individual with significant uncertainty. If you are not confident that a waiver will be granted, will you risk being stuck outside the U.S. indefinitely? And if you are an employer and don’t have clarity about whether the waiver will be granted or how long the process will take, will you choose to hire and sponsor that person? Guidance for the new policy, which is still being developed, intends to address both of those concerns by streamlining and expediting the approval and readmission process.
These common-sense initiatives benefit everyone and move us closer to a more sensible and humane system, opening up opportunities for people who want to contribute and injecting talented, motivated workers into the labor pool.
↗ Click here to read Marshall’s LinkedIn post about this news
PROACTIVE MEASURES TO REDUCE BORDER PRESSURES
Investing in proactive measures to reduce migration pressures is far more cost-effective than reacting to large-scale irregular migration. If we keep pretending we can manage migration with border policies alone, we will invite a costly future of chaos, conflict, and human suffering. Instead, with historic numbers of people on the move, we need strategies to manage and order these flows safely and humanely.
This includes mitigating the drivers of large scale human displacement through climate adaptation and resilience investment. And it includes sustained, deliberate investments focused on stabilizing communities that are already integrating people who have been displaced.
But with the historic numbers of people being forced to seek safety and opportunity outside of their home countries, it is imperative that governments also come together to build new legal pathways. On June 25th, the government of Mexico and the International Organization for Migration (IOM) hosted a high-level hemispheric meeting to focus specifically on that imperative. The meeting gathered over 175 delegates from 30 countries, including government representatives, the private sector, international organizations, and civil society. Participants discussed proposals to enhance regular migration pathways, including programs to regularize the status of undocumented workers, the issuance of humanitarian visas, the promotion of private sponsorship initiatives, and measures to ensure access to public services and work permits.
Mexico’s Foreign Affairs Ministry Alicia Bárcena, underscored Mexico’s commitment to being a “better destination country for migrants” and highlighted that “much of the solutions on the northern border are in the South.” Collaborative labor initiatives can create more opportunities for safe, orderly, and regular migration while addressing labor shortages and fostering economic and social growth in host and home countries. Emerson Collective participated in a panel highlighting innovative models that provide labor pathways for migrants and contribute to the stabilization and integration of migrants in host communities.
Strategies that zero in on the root causes of migration and widen pathways enabling people to move legally enhance economic efficiency, political viability, and humanitarian benefits.
↗ Click here to read Marshall’s LinkedIn post about this news
WORLD REFUGEE DAY
On World Refugee Day, June 20, we celebrated the resilience and contributions of refugees worldwide, while also recognizing the challenges faced by receiving communities. The strains on resources and capacity due to gaps in coordination impact our ability to fully embrace newcomers and unlock their potential.
Successful integration of asylum seekers and refugees is not merely about finding them homes; it’s a multifaceted process that unfolds across various regions and requires comprehensive, well-coordinated strategies. The current gaps in our immigration systems often fuel harmful narratives and political discord, unfairly placing migrants at the center of contentious debates rather than celebrating their potential contributions.
To address these issues, we must advocate for whole-of-government approaches that foster collaboration between state and federal entities. By improving coordination between border and interior communities, we can mitigate the pressures on local resources and combat misconceptions about immigration. This approach not only strengthens our ability to welcome newcomers but also reaffirms our commitment to inclusivity and diversity.
Let’s recommit ourselves to building compassionate communities where every individual, regardless of background, can find safety, opportunity, and belonging.
↗ Click here to read a LinkedIn post from our partners at Global Climate Cooperation
↗ Click here to watch a Message of Welcome from our partners at Welcome.US
TEMPORARY PROTECTED STATUS FOR HAITI
On June 28, the Biden Administration made a crucial decision to extend and redesignate Haiti for Temporary Protected Status (TPS). This move, announced by Secretary Mayorkas, acknowledges the inescapable truth: Haiti remains deeply unsafe and unstable. The designation allows Haitians currently in the United States to remain and work legally, providing them with much-needed relief and stability given the turmoil at home.
Emerson Collective’s partners at Haitian Bridge Alliance (HBA) also commended this vital decision. They highlight the importance of this move in offering protection to hundreds of thousands of Haitians who have sought refuge in the United States. The extension and redesignation of TPS for Haiti reflect a humane, common-sense approach to the complex challenges facing the Haitian community. HBA and other advocates, members of Congress, and community supporters have tirelessly campaigned for this decision, emphasizing that it is the only reasonable and moral choice.
This announcement further underscores the urgent need for broad scale legislative reform. While celebrating the TPS redesignation, HBA continues to call on the Biden Administration to halt deportations to Haiti and on Congress to pass reforms that create a pathway to permanent status. The decision is a significant step in recognizing the contributions of Haitian immigrants to the U.S. and ensuring their safety and stability amid ongoing crises in their home country.
↗ Click here to read Marshall’s LinkedIn post about this news
