"El Magonista" | Vol. 10, No. 44 | December 7, 2022

Proposal by Sens. Kyrsten Sinema and Thom Tillis seeks rare bipartisan agreement on immigration legislation

Roughly 2 million "Dreamers" would get a path to citizenship in exchange for stronger border security measures under a loose blueprint for an immigration deal circulating among Senate offices.

The proposal by Sens. Kyrsten Sinema, D-Ariz., and Thom Tillis, R-N.C., is still very much in flux, according to a Senate aide and immigrant advocates familiar with the talks.

But it reflects movement toward agreement on a topic where bipartisan consensus is rare at best. And it comes during the lame-duck session that advocates and lawmakers say is likely the last opportunity to pass immigration legislation before Republicans control the House in January.

The agreement would legalize undocumented immigrants brought to the U.S. as children who face uncertain futures in the U.S. amid legal challenges to the Obama-era Deferred Action for Childhood Arrivals program, according to the Senate aide and immigrant advocates. It would also shore up asylum processing at the U.S.-Mexico border... READ MORE

WASHINGTON — In a last-minute push, U.S. senators are working on a bipartisan agreement to create a pathway to citizenship for undocumented people who were brought to the United States as children.

But the success of any major immigration deal appears unlikely, as a lame-duck session of Congress dwindles into its last days. Democrats are set to lose control of the House come January, making the prospects of an agreement next year much more difficult. 

U.S. Sens. Kyrsten Sinema, an Arizona Democrat, and Thom Tillis, a North Carolina Republican, are still in talks on a draft proposal that would create a pathway to citizenship for up to 2 million undocumented people, often referred to as Dreamers, who are either enrolled in the Deferred Action for Childhood Arrivals program or would qualify for it. There is no legislative text and no deal has been finalized, Tillis told States Newsroom.

The possible agreement would also extend the controversial Title 42 policy, which allows the United States to turn away noncitizens seeking asylum during a health crisis, and allocate funding for border security. The outline would also include a pathway to citizenship for those under Temporary Protected Status, which is more than 350,000 people. 

“We hope that those talks come to fruition,” U.S. Senate Majority Leader Chuck Schumer, a New York Democrat, told reporters at the U.S. Capitol on Tuesday... READ MORE

CNN — Republican Sen. Thom Tillis of North Carolina and Democratic Sen. Kyrsten Sinema of Arizona have landed on an initial framework intended to bolster border security and provide a pathway to citizenship for undocumented immigrants brought to the United States as children, sources told CNN.

Democrats have been betting on the lame-duck session – the period after the midterms and before the new Congress begins – to try to pass legislation addressing recipients of the Obama-era Deferred Action for Childhood Arrivals program before they lose their majority in the House.

For months, Tillis and Sinema – who often works with Republicans – have been in discussions about a deal that would address beneficiaries of the DACA program, as well as those eligible for it, and border security. 

The details are not yet finalized and there’s no legislative text. It’s also unclear whether there will be enough Senate support – at least 60 votes – to advance the legislation.

Senate aides stressed that the framework is a draft. The White House and Senate leadership have also not been involved in discussions, one of the aides said.

The framework for the bill has at least $25 billion to $40 billion in border security funding, including a pay raise for Border Patrol agents and additional resources for Customs and Border Protection officers, according to two Senate aides. It also shores up resources to speed up the processing of asylum seekers at the US-Mexico border, the aides said.

Most notably, the framework includes the extension of a controversial Trump-era border policy, known as Title 42, that allows for the expulsion of migrants who are encountered at the US southern border. The public health authority, which was put in place at the onset of the coronavirus pandemic, is set to end later this month following a court order.

The authority would remain in place for at least a year, the aides said, while processing centers are set up... READ MORE

CNN — When the Supreme Court heard arguments Tuesday over whether the Biden administration is flouting federal immigration law by prioritizing certain non-citizens for deportation, some justices revealed an underlying concern about how the government can realistically deal with more than 11 million undocumented people in the United States. 

Also front and center was the reality that immigration has become a partisan battleground for successive administrations and red and blue state agendas, with courts ensnared in the middle.

“Immigration policy is supposed to be the zenith of federal power, and it’s supposed to be the zenith of executive power,” Justice Elena Kagan said. “And, instead, we’re creating a system where a combination of states and courts can bring immigration policy to a dead halt.” 

The justices’ regard for consequences might, in the end, favor the Biden administration, which otherwise seemed to face an uphill climb Tuesday, defending its 2021 guidelines that target non-citizens who pose distinct dangers to national security, public safety and border security for removal over others. 

Tuesday’s case, initiated by Republican attorney generals in Texas and Louisiana against the Democratic administration, represents the latest political showdown and test of how the high court balances its interpretation of law with possible reverberations on the ground. 

It is a balance that Chief Justice John Roberts outwardly resists, seeking to confine the court’s concerns to the law... READ MORE

By Michelle Hackman | Wall Street Journal | DEC. 1, 2022
Photo by Bryan Olin Dozier

Republicans are unlikely to agree to any changes to immigration rules without steps to bolster border security.

WASHINGTON — With weeks left until they lose control of the House, Democrats are scrambling to see whether they can cobble together enough support to reach a deal allowing the young immigrants known as Dreamers to stay legally in the U.S.

But their plans face skepticism from Republicans, who say it would be imprudent to change any aspect of the immigration system without first taming record illegal crossings at the southern border. Concerns over those crossings have been heightened by an imminent court-ordered end to Title 42, the pandemic-era policy that has limited access to the border for asylum seekers for the stated purpose of reducing the spread of Covid-19. Government officials warn there could be an even larger border surge when the policy is lifted later this month.

Republicans plan to make border security a centerpiece of their oversight efforts in the next Congress—bringing Biden administration immigration officials to testify before House committees and potentially pursuing impeachment proceedings against Homeland Security SecretarY... READ MORE

Mexican families received a record high of US $48.3 billion from abroad during the period from January to October. The number represents an increase of 14.6% over the same period last year, data from the Mexican central bank showed on Thursday.

The figure also marks 30 months of sustained increase with highs recorded in May ($5.142 billion), June ($5.144 billion) and September ($5.3 billion). In October alone, the number of remittances was US $5.35 billion — 11.25% more than the amount of US $4.81 billion registered in the same month of 2021.

In total, 124 million operations were registered between January and October, mostly electronic transfers.

Remittances, mainly from Mexican migrants in the United States, represent the country’s second-largest source of foreign revenue after automotive exports. It also accounts for more than the Mexican agricultural sector, which contributes 3% to the gross domestic product.

In a study conducted by the Wilson Center, Mexico ranked as the third-largest recipient of remittances in 2021 behind China and India. A whopping 94% of remittances come from the U.S., with California, Texas and Minnesota being the largest sending states.

At a time when President López Obrador is struggling to grow the economy, data from the Center for Latin American Monetary Studies (CEMLA) shows that nearly 4.9 million Mexican families and some 11.1 million adults receive remittances from their relatives abroad... READ MORE

By Bernie Pazanowski | Bloomberg Law | DEC. 7, 2022 | Photo by John Moore

2004 removal order not executable under DACA; Federal courts had jurisdiction to hear suit.

Federal courts have jurisdiction to hear a suit by an immigrant with DACA status alleging that federal agents unconstitutionally arrested her under an old removal order, the Sixth Circuit said.

Under the Deferred Action for Childhood Arrivals program, young immigrants who meet specified criteria may apply for a renewable two-year deferral of removal, the US Court of Appeals for the Sixth Circuit said Monday. When immigrant Riccy Enriquez-Perdomo became a DACA recipient, she was granted affirmative relief from removal and a 2004 order was no longer executable, the court said.

The decision highlights a circuit split. The Fifth and Eighth circuits have refused to hear similar cases on jurisdictional grounds. The Ninth Circuit has said it had jurisdiction to hear a case where the plaintiff didn’t attack the removal order itself, but rather attacked the violation of a stay against removal, the Sixth Circuit said in an opinion by Judge Helene N. White. 

The opinions from the Fifth and Eighth circuits were distinguishable because they didn’t rely on the definition of executable removal orders, White said.

Under the Illegal Immigration Reform and Immigrant Responsibility Act, federal courts lack jurisdiction over the US attorney general’s decision to “execute removal orders.” Citing that statute, the US District Court for the Western District of Kentucky said it didn’t have jurisdiction over Enriquez-Perdomo’s case. The Sixth Circuit said the jurisdictional bar applies only if removal orders are executable... READ MORE

Around 300 DACA recipients, Dreamers and immigrant advocates are descending on Washington this week to kick off their lame-duck push for action on immigration. They’re flying in from all over the country — New York, Texas, Nevada, California, Florida, you name it.

Immigrant advocacy groups are calling the campaign the “Week of Action,” in which hundreds of meetings will take place with lobbyists, business and faith leaders, White House officials and lawmakers on both sides of the aisle. To name a few, groups have scored meetings with key Democrats like Senate Majority Leader Chuck Schumer, Sens. Dick Durbin of Illinois, Bob Menendez of New Jersey, Alex Padilla of California and Catherine Cortez Masto of Nevada, but they’re also starting talks with Republican Sens. John Cornyn of Texas, Mike Rounds of South Dakota, Mike Lee of Utah and Pat Toomey of Pennsylvania.

This isn’t the first DACA push on the Hill, but supporters of immigration reform argue that this time, it’s now or never. As DACA recipients remain in legal limbo, advocates and legal experts warn the program is likely headed to the Supreme Court, where the conservative bench seems likely to rule it... READ MORE

When Donald Trump won the 2016 Presidential Election, I knew I had to leave my home in the United States. On the campaign trail, Trump talked about canceling Deferred Action for Childhood Arrivals (DACA) — President Barack Obama’s executive action granting undocumented people that arrived in the U.S. as children work permits and protection from deportation. Nine months into his presidency, Trump finally announced his plans to terminate the policy that offered me sanctuary — and I knew I had to set a plan to leave the country that raised me.

On May 17, 2021, after living in the United States as an undocumented immigrant for 21 years, I boarded a plane and moved to Querétaro, Mexico. I’m not alone. While there aren't currently any figures available that show how many former DACA recipients have left the country, more and more are considering leaving the U.S. in search of a life that offers more certainty.

As DACA recipients, our status — and thus our way of life — is in limbo. The latest ruling by the 5th Circuit Court of Appeals states that DACA is unconstitutional. For now, current recipients can continue renewing their permits in two-year increments and apply for Advanced Parole — a travel permit allowing reentry into the United States to immigrants with temporary status. However, no new DACA applications can be reviewed... READ MORE

As a high school junior, Denisse Amezquita knew she wanted to go on to college and someday become a lawyer. But when she sought state and federal financial aid, she quickly learned assistance was not an option because she lacked permanent legal status in the United States.

Although she was a recipient of the embattled Deferred Action for Childhood Arrivals (DACA) program, which shields from deportation people who were brought to the U.S. as children, the federal program does not include educational government benefits. Amezquita, who has lived in the U.S. since she was 2 years old, needed alternatives.

The Tucson, Arizona, resident found the financial boost she needed to pursue higher education in multiple organizations that over the years have stepped up to provide private scholarships, legal services, and various other resources to DACA recipients, also known as “Dreamers,” whose legal protection remains tenuous a decade after the program’s launch.

Yearslong advocacy and activism on their behalf have yet to result in a congressional solution to protect the young arrivals, but several states have enacted provisions that allow college-bound students without permanent legal status the less costly in-state tuition... READ MORE