Category: News

Secretary of State Mike Pompeo announced on September 17, 2018 that the U.S. will cap refugee admissions in FY 2019 at 30,000.

This is a one-third reduction from the 45,000 cap set by the Trump Administration for FY2018, which at that time was the lowest cap ever since Congress approved the Refugee Act of 1980.

As a practical matter, the U.S. is on track to admit fewer than 22,000 refugees by the time FY 2018 ends on September 30th, less than half the number who could have entered under the current year’s cap.   If refugee admissions continue at the same pace in FY 2019, they will fall far below the new 30,000 limit.

In Maine, with just over a week remaining in the fiscal year, only 66 refugees have been resettled.   This is a dramatic change from the approximately 650 refugees resettled in Maine during FY 2016, the last full year of the prior administration.  (For a detailed and accurate narration of why refugee admissions have been so low in FY 2018, listen to this This American Life podcast).

As of June 2018, there were a record 25.4 million refugees forced out of their home countries worldwide, up from 22.5 million a year ago.   Reducing refugee admissions now is an unconscionable abdication of the U.S.’s leadership role in providing safe haven and protection from human rights abuses.

As justification for the drop in refugee admissions, Secretary Pompeo noted the backlog of nearly 800,000 asylum cases in the U.S., but that is a false equivalence.   That backlog has built up over decades.  Processing asylum applications of individuals who have been able to make their way to the U.S. to apply for protection from persecution from inside the U.S. in no way diminishes the State Department’s obligation to reach refugees living in precarious conditions abroad so that they can apply for permanent resettlement in the U.S.  Moreover, as the Cato Institute points out, contrary to Secretary Pompeo’s assertion, the U.S. is far from the “most generous” country when it comes to refugee resettlement..

Moreover, refugee contribute economically to Maine and  to the U.S.  as even a government analysis that the administration chose not to publish confirmed.  At a time when Maine’s, and the nation’s, labor pool is shrinking as fertility rates decrease and “baby boomers” retire, the U.S. needs immigrants, including refugees, and their children.  By closing our door to refugees, we harm our standing in the world, and our ability to prosper economically here at home.

MeBIC partner  New American Economy has released data examining how the nation’s 100 largest cities are faring at welcoming and integrating immigrants.

The NAE Cities Index looks at the characteristics of cities that have high or emerging immigrant populations, and at the role that public policies can play in helping cities attract and ensure that immigrants have enhanced possibilities of reaching their full potential.   NAE also reports on socio-economic outcomes and  best practices of cities that have successfully welcomed and integrated immigrants.

Maine needs people, including immigrants, to stem the state’s “demographic winter” and worsening labor force shortages.  The NAE Cities Index can help Maine’s policy makers gauge various ways that our cities can step up to help immigrants succeed personally, and in turn help Maine’s communities and economy to grow and thrive.

Effective September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) now can deny applications that are missing any supporting documents when filed.

As we noted in a prior post, in the past, as long as an application was completed, signed, and included the correct filing fee, USCIS would send either a request for additional evidence (RFE) or a notice of intent to deny the application, giving the applicant 87 or 30 days, respectively, to respond.

Under the new policy now in effect, USCIS can simply deny any application that is not absolutely perfectly prepared.  This will especially harm those applying for residency or work permits on their own without competent legal representation –  who often are lower-income.

When USCIS denies an application for any reason, even just for an administrative, not an eligibility issue, there is no refund of the filing fee.  Low-income income individuals often must save money for months or longer to  afford the USCIS filing fees.  For example, the application fees exceed $1700 for residency based on marriage.   Under the new policy, just failing to include a proper translation of a foreign birth certificate with that application will result in denial.  It could be months before the couple has enough money to refile the application, and in the meantime, typically the applicant will be unable to work, and likely will be at risk of removal from the U.S. and from her/his spouse.

Even applicants for employment-based temporary visas or permanent residency will be prejudiced under the new policy if s/he, or a rushed or inexperienced attorney, makes a mistake when preparing the application packet.   A denial as opposed to an RFE can expose the applicant to being out of status, unable to work legally, and forced to leave the U.S. to process at a U.S. consulate abroad.   The employer will be deprived of the employee for months or even years, in certain situations.

This new policy is one of many adopted by the current administration that takes aim at those trying to follow the law to come or stay in the U.S.    These policies are making it harder for families to reunite or stay together, and for employers to get and keep the talent and the workforce that they need.

Earlier in 2018, USCIS stripped the phrase that we are a “nation of immigrants” from its mission statement.   But immigrants have built this country and keep the nation vibrant and our economy strong.  As repeated studies have shown, we shut down immigration at our peril, and the business community needs to speak out and oppose administration policies that work against our historic values and our economic interest.  Many are already doing so, but the drumbeat needs to grow louder.

Note:  Employers should talk with their immigration legal counsel about the impact that this policy change could have on any immigration applications to be filed on behalf of or by their employees.

ICYMI – This article in the Portland Press Herald/Maine Sunday Telegram highlights how a lack of farmworkers is harming some of Maine’s farms.

Maine’s unemployment rate has remained below 4% since December 2015, resulting in a widely reported labor crisis, particularly in the hospitality sector.   Shortages in agriculture, construction, and healthcare have gotten less press, but they are acute.

Unless Congress acts, the administration’s decision to end TPS for Haitians, Salvadorans, and Hondurans, among others, and to rescind the DACA program will ultimately lead to a loss of a million workers from the U.S. labor supply, many of whom work in sectors hard hit by labor shortages.

The Press Herald article sheds a light on the real costs to Maine’s farmers of insufficient U.S. workers coupled with a complicated, expensive and slow immigration system that is often inadequate to the task of supplying needed seasonal workers.   Due to the administration’s immigration policies, the problem is sure to get worse.

As MeBIC posted previously, 50 CEOs of leading U.S. businesses recently spoke out about how changes in the policies and practices of the administration’s implementation of U.S. immigration law is harming U.S. competitiveness.

Their call is becoming a chorus. A briefing in The Economist analyzing the shifting landscape of Silicon Valley highlighted a dysfunctional immigration environment as one of the key challenges:

More than half of the top American tech companies were founded by immigrants or the children of immigrants…. (t)he Trump administration has brought in rules that severely restrict the number of foreigners who can receive work visas. Some tech firms have experienced delays of up to 18 months for foreign hires whom they might otherwise have been able to bring over swiftly. Students who come to America for degrees increasingly end up going home afterwards, willingly or not. “If you ask me ten years from now why Silicon Valley failed, it will be because we screwed up immigration,” predicts Randy Komisar of Kleiner Perkins, a venture-capital firm.

This is just one more voice raising the alarm that the administration’s immigration policies are jeopardizing the nation’s economy, joining the U.S. Chamber of Commerce, FWD.us, and MeBIC partner, the New American Economy, among others.

This recent New York Times article underscores that the harmful impact of the administration’s approach to immigration extends far beyond Silicon Valley.  Employers and business owners from multiple sectors, ranging from medical and high tech fields to hospitality and agriculture describe their struggles when they can’t get the workers they need.

As these articles point out, those who might want to come to the U.S. to contribute while also reaching for their own “American Dream” are increasingly hitting delays and barriers, leading some to head to Canada and other countries instead.  U.S. companies that want to expand or just to survive may have to follow suit.

This prior MeBIC post describes just some of the many ways the administration is putting a stranglehold on immigration without involving Congress, to the detriment of our economy and our heritage.  A more detailed description of the administration’s actions appears here.

So far, it doesn’t appear that Washington is listening to the business community, but as the chorus grows louder, perhaps it will.

On August 31, 2018, a federal judge in Texas refused to grant a preliminary injunction halting the Deferred Action for Childhood Arrivals (DACA) program while it considers a challenge to its legality by several states.

Previously, three other federal courts found that the administration’s rescission of the DACA program was unlawful, and ordered the government to continue to process DACA renewal applications (but not new applications by those applying for the first time).

The Texas federal court’s decision avoids a conflict between the courts that would have put in immediate jeopardy DACA holders’ ability to renew and maintain their lawful presence and work permits, and their ability to continue working and attending school and contributing to our communities.

In his order, the federal judge made it clear that he believes the DACA program is unlawful, but also found that the suing states did not merit a preliminary injunction while the case proceeds to trial.  He stayed further action on the case for 21 days to allow either party to appeal.

This decision gives DACA holders some room to continue filing DACA renewal applications, but again underscores that the courts are not the path to permanent status for those with DACA.

With the August Congressional recess about to end, Congress and the Administration need to get back to work and create that path for the over 700,000 DACA holders who are integral members this country.

The Center for Economic Studies, a component of the U.S. Census Bureau, released an August 2018 report examining discrepancies when collecting citizenship data via various survey-based or administrative records.

This report comes on the heels of the U.S. Department of Commerce’s proposal to add a  question about citizenship status to the 2020 decennial status.   As explained in more detail here , adding that question is certain to result in an undercount of the U.S. population, contrary to the census’s purpose to count everyone in the U.S regardless of status.

The report’s timely takeaway:

The evidence in this paper also suggests that adding a citizenship question to the 2020 Census would lead to lower self-response rates in households potentially containing noncitizens, resulting in higher fieldwork costs and a lower-quality population count.

The Commerce Department received nearly 79,000 comments concerning how it plans to conduct the 2020 Census, and litigation is ongoing challenging the addition of the citizenship question to the 2020 Census.   Hopefully appropriate weight will be given to the conclusions of the Census Bureau’s own staff in the new report.

On July 19, 2018, the Department of Homeland Security announced that it will extend Temporary Protected Status (TPS)  through March 17, 2020 for Somalis whose current TPS will expire on September 17, 2018.

The reregistration period for eligible Somalis runs from August 27 to October 26, 2018.  Their work permits are automatically extended through March 17, 2019.   Employers must accept a copy of eligible Somalis’ current work permits plus a copy of the Federal Register notice to update their I-9 forms during the USCIS adjudication process.

TPS is offered to citizens of countries that the U.S. deems unsafe due to natural disasters or wars and civil conflict, so that those already in the U.S. when the Administration designates their country for TPS can apply to remain and work here legally.  It is typically offered in 18 month increments, and has often been extended repeatedly.  For example, Somalia has been designated for TPS since 1991.

The Administration’s willingness to renew Somali TPS stands in contrast to its decisions over the past year to end TPS for individuals from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.   While the Administration estimates that about 500 current Somali TPS beneficiaries will be able to extend their TPS, over 300,000 citizens of the countries named above will lose legal status and the ability to work and contribute to our communities and our economy when their current TPS ends, as MeBIC has noted previously.

The Business Roundtable is a coalition of CEOs of leading U.S. companies, including Apple, Bank of America, Coca-Cola, IBM, JP Morgan Chase, Mastercard, PepsiCo, Texas Instruments, Visa, and Tyson Foods, parent company of MeBIC Partner Barber Foods.

In an August 22, 2018 letter to Department of Homeland Security Secretary Kirstjen Nielsen, over fifty CEOs of the Business Roundtable expressed their “serious concern”  about policy changes undertaken by the current administration that “inflict substantial harm on U.S. competitiveness.” (Emphasis added.)

As examples, they point to arbitrary changes to the adjudications process of employment-based petitions, plans to take away work permits from tens of thousands of spouses of H-1B professional workers who are on the wait list for permanent residency,  about-faces on long-standing legal interpretations that will put  higher education international students and other workers at risk of becoming out of status and having to leave the U.S., among others.

The letter notes that the many changes are causing their employees considerable anxiety, threaten to disrupt company operations, and “will likely cause high-skilled immigrants to take their skills to competitors outside the United States.”

Let us hope the Administration listens.   Read the letter here.

In a court filing on August 20, 2018, the Administration affirmed that it still intends to revoke a rule allowing spouses of H-1B visa holders who have been found eligible to immigrate but are on the wait list for residency, to get work permits.

As explained in this prior post, if these spouses cannot work during the many years it can take to immigrate, their talent and contributions to the U.S. economy will be sidelined, in some cases for decades .  The tens of thousands of H-4 spouses who currently have work permits under the existing law will need to leave their jobs, to their employers’ detriment.  And as one H-4 visa holder currently with work permission eloquently explained, eliminating H-4 spouses’ ability to work may cause the entire family to choose to emigrate from the U.S. to live  in a different country where both spouses have the opportunity to work.

Once published, there will be a required notice and comment period when the public can register opposition to this rule change.  Maine businesses that would like more information or assistance in submitting comments should contact MeBIC.

As noted in our prior update,  after separating over 2600 children from their parents who brought them here seeking safety, the government failed to meet a court deadline to reunite all of the youngest children (under 5 years old) with their parents.   The government later failed to meet the deadline to reunite all of the older children (aged 5 to 17).    Approximately 565 children, including 25 children under age 5, are still being held by the government.

Many parents signed away their legal rights when government officials told them that they would be reunited with their children more quickly that way.  The parents were then deported without their children,  366 of whom are still here in government custody, according to this August 17, 2018 status update filed with the court.  Many of these children are at real risk of gang recruitment and deadly gang violence and have independent claims for asylum.  However, lawyers are having to fight in court to preserve that right as the government dangles reunification with their parents in front of them if they waive their legal right to request asylum.

For details on where the litigation and family reunification efforts stand right now, read this update by the ACLU, who represent the plaintiffs in the federal action seeking to reunite the impacted parents and children.  The ACLU and the Government will be back in court on August 24th.

Update:  As of August 21st, 2018, zero additional refugees have been resettled in Maine since first publishing this post on July 31st.   The number still stands at only 65 refugees, with barely one month remaining in the fiscal year.

Refugees have been a reliable and constant source of in-migration to Maine since the Refugee Act of 1980’s passage.  In FY 2016, the U.S. admitted nearly 85,000 refugees, about 650 of whom were resettled in Maine.

At the end of 2016, the number of refugees worldwide was an estimated 22.5 million. One year later, that number had increased to an estimated 25.4 million refugees.

Yet at a time of record high global refugee numbers, for FY 2018, the administration set the U.S. refugee admissions ceiling at 45,000, the lowest in nearly 40 years.  In actuality, due to the “Refugee Ban” and increased hurdles for U.S. refugee visa issuance, the U.S. is on track to admit fewer than half that number.   In a July 17, 2018 letter expressing concern to the Secretaries of the Departments of Homeland Security and State, a bipartisan group of 63 Congressional representatives (including Maine’s Rep. Chellie Pingree) noted that only 16,429 refugees had been resettled in the U.S. as of July 9, 2018.

As the Cato Institute notes when proposing that the U.S. should accept more, not fewer refugees, from 2012 through 2017 new refugees and asylees represented only 0.2% of the U.S. population.  This ranks the U.S. at 50^th in the world in the number of refugees accepted as a share of the receiving country’s population, even when including the far higher refugee numbers accepted under the prior administration.  With our nation’s birth rate falling to its lowest in thirty years, and with “baby boomers” retiring, the U.S. can certainly afford to take a larger role in resettling the world’s refugees.

In Maine, as of July 31^st, only 65 refugees have been resettled, a mere 10% of the number two years ago.   With only two months left in the fiscal year,  resettlement staff in Maine doubt that even 90 refugees will be resettled here this year.

As the 2018 Making Maine Work report published this month made clear, growing Maine’s workforce is vital for Maine’s economy, and immigrants are an essential component of that growth.   Federal actions dramatically reducing refugee admissions to the U.S. and Maine not only undermine our nation’s values, but also harm our economy.