Cubans Rush to U.S. in Anticipation of Potential Policy Changes
Since 1966, when the Cuban Adjustment Act was signed into law, Cuban immigrants have received special treatment under U.S. immigration law. They are viewed as refugees and they become automatically eligible for a green card after a year and a day, regardless of the manner in which they arrived. They are also immediately eligible for certain public benefits. Cubans are the only nationality to be treated this way in the U.S. immigration system.
The reason for this special treatment dates back to the Cold War. During that time, Cubans were fleeing the Castro regime and were widely recognized as legitimate refugees. Furthermore, encouraging Cubans to flee their home country and come to the U.S. was an important way for the U.S. to apply pressure to the Castro regime.
But now Cubans fear that the policy is headed for change as U.S.-Cuban relations continue to improve. Many believe that it is likely that an overhaul of the Cuban Adjustment Act will become necessary.
With the realization that special treatment for Cubans is likely time limited, large numbers of Cubans are seeking to take advantage of the policy while they still can. http://www.npr.org/2016/01/13/462950389/cubans-rush-to-u-s-ahead-of-potential-changes-to-immigration-policy
Immigration Raids Prompt Outcry
Latino advocates and leaders are demanding that President Obama halt a new policy of rounding up and deporting families who entered the U.S. illegally after fleeing violence and poverty in Central America.
Advocates are calling for Obama to grant temporary protected status, similar to what many Central American war refugees were granted in the 90’s. Latino leaders insist that large-scale violence has lead to a Central American refugee crisis, not an immigration problem and that we need to provide a safe-haven for Central Americans.
The Whitehouse has defended its policy by reminding the public that these enforcement efforts are focused primarily on criminals, on recent arrivals, and on individuals who already have a court removal order.
But pro-immigration activists argue that the detained families are part of a surge of tens of thousands of Central Americans fleeing extreme violence, particularly in El Salvador, Guatemala, and Honduras, who have poured across the U.S. border over the last few years. They are primarily women and children, and unaccompanied minors who risk their lives to make the treacherous journey to the U.S. in the hopes of finding stability, safety, and opportunity.
Moreover, immigrant rights advocates have said that while those being deported have been ruled ineligible for asylum, many of them did have fair hearings or adequate legal representation. Some immigrants with removal orders fled to the U.S. after numerous family members were murdered. They fear that going back will be certain death.
Many find the removal operations surprising and troubling, particularly in light of Obama’s executive actions as well as his statement that he would deport “felons, not families.” But the Obama administration maintains that these raids are consistent with its policies and enforcement strategies to date.
Activists have noted that the raids have caused extreme panic within immigrant communities. People are afraid to leave their homes, even to go to work or send their children to school. Businesses are suffering as a result.
Additionally, activists claim that many individuals being rounded up do not fit the profile of new arrival. In response, rights groups are organizing immigrant communities and advising them of their rights.
DHS Announces Real ID travel Deadline
Beginning January 22, 2018, airline passengers will need a special secure driver’s license compliant with the Real ID Act if they intend to use their driver’s license as identification at airport checkpoints. Until the deadline, regular driver’s licenses are still valid for travel. In addition, a passport is always an acceptable alternate form of identification.
The license requirement is expected to be particularly challenging for residents of Illinois, Minnesota, Missouri, New Mexico, Washington, and American Samoa, all of which do not comply with Real ID standards.
If a state’s license does not comply with Real ID standards after the deadline, residents will have to use an alternate form of identification for travel.
The Department of Homeland Security hopes that the next two years will allow all states who are not compliant to meet the requirements of the law. If not, rendering certain driver’s licenses ineligible for travel could negatively impact the economy.
The goals of the Real ID are to provide verification of information that the license holder provides, to prevent tampering through added security features, and to enable background checks on workers who issue licenses.
As of January 10, 2016, residents of states that do not comply with Real ID standards are no longer able to use driver’s licenses to identify themselves at federal facilities that require identification, like military bases.
http://www.usatoday.com/story/news/2016/01/08/dhs-sets-2018-travel-deadline-real-id/78523112/
Only 1.17 Percent of Nonimmigrants Overstayed in 2015
An overstay is defined as a nonimmigrant who was lawfully admitted to the U.S. for an authorized period (such as for business or pleasure), but stayed in the U.S. for longer than authorized.
Identifying overstays is an important part of national security, ensuring public safety, enforcing immigration laws, and processing immigration benefit applications. Over the last two years, DHS has worked hard to improve data collection processes and monitoring systems to identify and keep track of overstays.
Of 44,928,381 nonimmigrant admissions to the U.S. that were expected to depart in 2015, only 527,127 individuals failed to depart on time. That’s an overstay rate of only 1.17 percent.
It’s interesting to note that of the 1.17 percent, there were some differences between residents of countries that participate in the Visa Waiver Program and residents of countries that do not. In FY 2015, 20,974,390 departures were expected from nationals of VWP countries. Of those, 0.65 percent are thought to have remained in the country illegally after they were found to have overstayed.
13,182,807 departures were expected from nationals of non-VWP countries. Of those, 1.60 percent are suspected to have remained illegally in the U.S. following discovery of their overstay status.
From these statistics, we might be able to conclude that Suspected In-Country Overstay rates (the rate of people who remain in the country illegally after their overstay status has been detected), are higher among nationals of countries that do not participate in our VWP than they are among nationals of countries that do.
While Suspected In-Country Overstay Rates from Canada and Mexico are relatively low, it should be noted that data for FY 2015 was only collected based on Canadians and Mexicans who entered the U.S. by air and sea. This methodology skews the data because the reality is that over 95 percent of Canadians and Mexicans travelling to the U.S. arrive by land. DHS has promised that future data collection will seek to take this into consideration.
For a more detailed report of overstay rates in FY 2015, please see the latest Entry/Exit Overstay Report, issued by the Department of Homeland Security. It can be viewed here.
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