CDC to phase out border restrictions
On April 22, 2022, the Center for Disease Control and Prevention (CDC) announced it will be ending Title 42 on May 23. The agency said it will be appropriate to lift Title 42 in May because of the lower levels of transmission in the U.S. and at the border, the protective measures available, and the higher vaccination rates among U.S. CBP personnel. Title 42 will be ending gradually to provide the Department of Homeland Security with enough time to increase protective measures at the border, including providing vaccines for migrants. Immigrant advocates are looking forward to the end of Title 42 while Republicans and some Democrats are concerned the increase of unauthorized crossings will overwhelm the border and distract officers from addressing drug trafficking and other crimes.
Migrants self-reporting their whereabouts
The Biden administration has a record number of 216,000 migrants enrolled in the alternative to detention (ATD) program, with a majority self-reporting their whereabouts through an app. The average length an individual is in ATD is about 439 days. ICE requires released individuals to self-report by calling or getting the SmartLink app while other migrants must wear a GPS tracking device in the form of an ankle monitor. Some advocate groups have spoken out against the ATD program due to ICE collecting data of individuals freed from detention. Currently, Harlingen, Texas is reported to have the most migrants enrolled in the ATD program, with a total of 22,148 individuals.
ICE lawyers directed to clear low-priority immigration cases
The Biden administration will potentially clear hundreds of thousands of deportation and asylum cases pending before immigration courts. On Sunday, Immigration and Customs Enforcement (ICE) sent out a memo directing its lawyers to review cases and try to clear low-priority cases under enforcement guidelines the administration created last year. Currently, there is a backlog of 1.7 million cases.
Great News for Form I-751, Petition to Remove Conditions on Residence Applicants
USCIS announced on 4/7/2022 a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.
Effective immediately, new criteria will guide USCIS officers on when to waive interviews for CPRs. Prior policy requiring mandatory CPR interviews did not prove to be an efficient use of USCIS staffing resources. Under this policy update, USCIS may waive the interview requirement if the agency officer determines there is sufficient evidence about the bona fides of the marriage, the joint-filing requirement is eligible for a waiver (if applicable), there is no indication of fraud or misrepresentation in supporting documents, there are no complex facts or issues to resolve, and there is no criminal history that would render the CPR removable.
USCIS is extending certain flexibilities through July 25, 2022
In response to the COVID-19 pandemic, USCIS is extending certain flexibilities through July 25, 2022, to assist applicants, petitioners, and requestors. We anticipate this may be the final extension of these flexibilities. USCIS will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the issuance date listed on the request or notice is between March 1, 2020, and July 25, 2022, inclusive:
Requests for Evidence:
- Continuations to Request Evidence (N-14);
- Notices of Intent to Deny;
- Notices of Intent to Revoke;
- Notices of Intent to Rescind;
- Notices of Intent to Terminate regional centers; and
- Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
The form was filed up to 90 calendar days from the issuance of a decision; and that decision was made between Nov. 1, 2021, and July 25, 2022, inclusive.
