The Carrot: Biden Expands “Lawful Pathways”
In a strategic move, President Joe Biden wielded executive authority to expand “lawful pathways” for migrants entering the U.S. This initiative, responding to a staggering 2.5 million migrant encounters in 2023, broadened a program initially designed for Venezuelans. The expanded program now includes migrants from Cuba, Haiti, and Nicaragua, echoing the success of initiatives like Uniting for Ukraine and the Afghan allies’ parole program.
The Stick: Biden Restricts Asylum
Simultaneously, the U.S. Department of Homeland Security introduced a rule challenging the traditional asylum process. The circumvention of lawful pathways rule, launched in May 2023, presumes migrants ineligible for asylum unless they use the CBP One smartphone app or prove denial of safety in a prior country. Despite criticism and legal challenges, the rule remains in effect, leaving asylum seekers grappling with technical app issues and a limited number of daily appointments.
Proposed Changes to the H-1B Program
The Biden administration proposed a game-changing overhaul of the H-1B program for specialty occupations, targeting fraud and modernizing the selection process. This move followed concerns raised by U.S. Citizenship and Immigration Services about potential collaboration among companies to manipulate the H-1B system. The proposal, if finalized, promises to streamline beneficiary selection, reduce lottery registrations, and expand visa cap exemptions for nonprofits and research organizations.
Deferred Action for Labor and Enforcement
In a pivotal development, DHS streamlined the process for immigrant workers seeking deportation relief due to lacking permanent legal status. Introduced in January 2023, this streamlined process provides two years of removal protection, a Social Security card, and work authorization. While welcomed by many, questions linger about the fate of workers once investigations conclude, prompting speculation about potential reapplication for deferred action tied to ongoing labor investigations.
Revised H-2A Wage Rule
February 2023 witnessed the Biden administration rolling out a revised H-2A wage rule, altering the methodology for determining hourly average wages for foreign farmworkers. Departing from the Trump-era rule, the Biden administration reverted to relying on the U.S. Department of Agriculture Farm Labor Survey. This shift triggered a lawsuit from farming companies, arguing the potential financial strain on farmers. The debate centers on whether the revised wage scheme will render temporary employment of foreign workers economically unviable for companies.
