Biden Unveils Relief Program for Undocumented Spouses and Children of US Citizens and Dreamers

On June 18, 2024, President Biden formally announced an immigration program that will afford legal status and a pathway to citizenship to undocumented spouses and children of US citizens who have been living in the US for at least ten years as well as ease the transition to employment-based nonimmigrant status for Dreamers with a US degree and a job offer.

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Undocumented Spouses of U.S. Citizens to be Afforded Legal Protections

President Biden is expected to announce new policy today which will grant undocumented spouses of US citizens a pathway to citizenship, protecting certain individuals from deportation, and providing work permits. Officials briefed on the conversations said it could affect up to 500,000 undocumented spouses. We will update as news develops.

Presidential Proclamation Suspending Entry to Persons Enabling Corruption

On December 11, 2023, President Biden issued a presidential proclamation which prohibits noncitizens found to enable or facilitate corruption from entering the United States. The visa restrictions are part of the Biden administration's anti-corruption initiative, as detailed in the proclamation and fact sheet. The proclamation grants the Secretary of State legal authority to identify individuals "who have enabled, facilitated, or otherwise been involved in significant corruption, including laundered proceeds or obstructed judicial or investigative processes, among other acts," as well as their immediate families, and act accordingly. Additionally, the Secretary of State may exempt any individual if their potential entry may be in the interest of the US. Notably, green-card holders and individuals with humanitarian immigration protections such as asylum and refugee status will not be affected by any visa restrictions.

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Biden and the Border: Last Week Tonight with John Oliver

With the expiration of Title 42 on May 11, 2023,  we thought it apt to share the Last Week Tonight with John Oliver April 30, 2023 episode “Biden and the Border” which examines President Biden’s failure to deliver on a key campaign promise to asylum seekers allowing them back on US soil to file for asylum.  The British-American comedian, political commentator, and television host, appropriately notes “we’re just entering a different phase of an immigration dystopia, particularly for asylum seekers.” Mr. Oliver shines a light on the administration’s “bad policy and s*itty apps”, namely the “CBP One” app.

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Regional COVID-19 Public Health Travel Ban for Southern Africa Instituted

Just weeks after announcing new travel policies and lifting previous extensive COVID-19 travel restrictions, President Biden signed an Executive Order banning most travelers from eight countries in southern Africa in response to the ongoing national emergency caused by the newly emergent Omicron variant of the COVID-19 virus to “protect public health.” Effective November 29, 2021, noncitizens of the United States who were physically present within “the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States” are not eligible to be issued a U.S. visa or be admitted to the United States.

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COVID-19 Testing Requirements for International Travel

In response to the Omicron variant of COVID-19, the Centers for Disease Control (“CDC”) has amended its testing requirements for air passengers traveling to the US from international destinations. The vaccination requirements remain in place with the only change being when a person must be tested before they arrive in the US by plane.

Beginning December 6, 2021, all inbound international airline passengers, including US Citizens and Lawful Permanent Residents, ages two and older will be required to submit a negative COVID test taken within one day of travel to the United States, in order to board their flight.

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The White House Announces New Travel Policies Lifting COVID-19 Restrictions for Vaccinated Travelers

On October 25, 2021, President Joseph Biden issued a presidential proclamation detailing his previously announced plan to replace the current COVID-19 travel restrictions, which were issued on a country-by-country basis, with a globally consistent policy centered around vaccination and testing requirements. The new international air travel policy will be put into effect for any flights departing on or after 12:01 AM EST on Monday, November 8, 2021.

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COVID-19 Travel Restrictions to Continue

After speaking with a White House official, David Shepardson of Reuters reports that “[t]he United States will not lift any existing travel restrictions ‘at this point’ due to concerns over the highly transmissible COVID-19 Delta variant and the rising number of U.S. coronavirus cases.” According to Mr. Shepardson’s source in the White House, the decision came after a senior level White House meeting on Friday, the 23rd of July.

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US Government Will Not Defend 2019 Public Charge Rule And Will No Longer Require Form I-944

On March 9, 2021, Alejandro N. Mayorkas, the Secretary of the Department of Homeland Security (DHS), announced that the US government consistent with Executive Order 14012 will no longer defend the 2019 Public Charge Final Rule since “doing so is neither in the public interest nor an efficient use of limited government resources.” In a press release, Secretary Mayorkas said: “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. He added: “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”

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