New Year's Eve. We reflect on the year past and look forward to the New Year. Some immigration observations:
2013 Immigration headlines tracked the enthusiasm of possible repair of our immigration system with comprehensive immigration reform (CIR) and the disappointment of Congressional failure to pass any reform. The chances are that 2014 will see another run up the mountain of immigration reform, but with success limited to repairing only part of the antiquated system.
Many employers and their potential employees felt like fools around April 1st. The Fiscal year 2014 H-1B caps were well exceeded by the number of filed applications, so there was a lottery to decide who would win and who would lose. The odds were about 50-50. Tens of thousands of applications were "returned to sender". The employers lost needed employees and the employees lost the opportunity to work in the US. Some firms were able to provide alternative employment opportunities, but others, particularly small and start-up business just lost needed talent. After the supply of H-1B visas was exhausted , employers , employees and their immigration lawyers worked to find ways to capture the otherwise lost talent and to prepare for April Fool's Day 2014. If Congress could fix the fiasco which is the H-1B cap, US business and in turn the US economy would be better off.
When the US Supreme Court struck down the Defense of Marriage Act (DOMA), USCIS responded immediately by opening the door to same sex married couples to receive the same immigration benefits as opposite sex married couples. Same sex married families have been and will continue to take advantage of the family reunification portions of our immigration system. The definition of "marriage" may present legal issues, but some US families will be better off in 2014 than they were before the Supreme Court decision.
Some families were separated by Removal in 2013. New records have been set by this administration. More than 400.000 immigrants were deported in fiscal year 2014. Many of the deportees are the parents of US citizen children and have US citizen spouses. A majority of the removals were of individuals apprehended at the Border, but those apprehended in the US have their cases heard before an Immigration Judge. The Immigration court system is overhelmed with more cases than the number of immigration judges can handle. To quote Judge Dana Marks, President of the National Association of Immigration Judges: "The volume is just overwhelming and because of the responsibility that the judges have—you have people's lives in your hands—you have this tremendous pressure to do the right thing, with the same pressure to work as quickly as possible. And it becomes extremely grueling." Maybe there will be more Immigration Judges and maybe USICE (US Immigration and Customs Enforcement) will be more inclined in 2014 to exercise their prosecutorial discretion more generously—especially as to aliens who have US citizen families and no significant criminal convictions.
E-Verify has been upgraded and its Memorandum of Understanding has changed; the Form I-9 was amended. Priority dates have advanced or retrogressed, some in unexpected ways. DACA beneficiaries continue to receive deferred action benefits and TPS continues for Syrians and others. E-2 spouses are no longer required to obtain employment authorization to remain in status. Pennsylvania now accepts ARC J-1 waivers for foreign physicians...an immigration lawyer could go on and on. There have been many, many other developments in the immigration law in 2013. There will be many, many more in 2014 and let's hope that the US will be better off for the vast majority of them... CHEERS !!.
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