Page 18 - Sonoma County Gazette April 2020

CHANGES in U.S. Immigration Policies in Response to COVID-19
Here’s a summary of some of the developments that have occurred in U.S. immigration policy and practice in response to the corona virus:
cases, not available at all;
• In January, the Trump Administration shut down travel to the U.S. from
Limiting Visas and Closing Borders with Mexico and Canada
Travel”) advisory for all international travel. This advises US citizens not to travel at all internationally, and if they’re outside the US, they should arrange for immediate return back home, unless they are prepared to remain abroad for an indefinite period.
• Starting March 20, the U.S. borders with Mexico and Canada were closed to all non-essential travel;
• The Trump administration is also barring migrants illegally crossing
the border from entering the US; as of March 20th, migrants who are apprehended at the border will be quickly removed to their home country;
Closures of courts and immigration offices.
“We want to make sure that cargo continues, trade continues, heath care workers continue to be able to traverse that border, “ stated Chad Wolf, Acting Secretary of Homeland Security. “But tourism, some recreational activities and other things needs to stop during this crisis.”
In the last month, there have been widespread closures and postponements within the immigration system in response to the corona virus:
Donald Trump has long wanted to deny entry to all asylum seekers crossing the Mexican border. Now with the coronavirus pandemic, he can implement this long-stated goal. It remains to be seen how long that will remain in place, as it violates the Refugee Act of 1980. Court challenges are likely.
• The U.S. Citizenship and Immigration Service (USCIS) has also closed virtually all of its offices to the public, although many USCIS officials continue on the job;
Halt to agricultural worker visas.
• It has also suspended refugee admissions;
All of these closures will cause further delays to visa processing,
• The H2A agricultural worker program is now closed for Mexican applicants. This is the only visa available for workers who come to the U.S. to work in the agricultural industry; many wineries and other agricultural businesses rely on this program to meet their labor needs;
naturalization and green card processing – which already has been taking approximately twice as long under Trump as occurred during the Obama Administration.
Limiting Visas and Travel Worldwide.
As the pandemic has grown, the Administration has gradually limited visas and travel from other parts of the world:
• The U.S. State Department has limited visa processing in many countries;
visa appointments at Consulates are available after long delays or in some
China;
• Then in mid-March, the Administration extended that ban to most of
Europe: closing off travel from most of the continent with exceptions made
for U.S. citizens, permanent residents and their family members;
• Then later in March, the US Department of State issued a Level 4 (“Do Not
• As of March 18th, The Department of Justice postponed all non-detained immigration hearings until mid-April; there may be a further postponement if conditions persist;
ICE Deportations continue.
• On March 18th, the Department of Homeland Security announced that, during the corona virus epidemic, its offices of Immigration and Customs Enforcement (ICE) would limit its deportations to persons who posed a security risk or had committed serious crimes;
• But then, two days later, the DHS acting Deputy Secretary Kenneth Cucinelli appeared to reverse that policy in a tweet, implying that nothing had changed, and ICE would not change its prior deportation policies in light of the crisis;
This prompted a quick rebuke from Congressman Bennie Thompson, Chair
of the House Homeland Security Committee: “With such dangerous mixed messages, the Trump Administration is continuing to prioritize its draconian anti-immigrant policies over ensuring the health of our nation at a time when we all, collectively, face a global pandemic.”
Christopher A. Kerosky is an attorney in Santa Rosa. Christopher on the Human Rights Commission for Sonoma County, appointed by the County Board of Supervisors. As part of his work with the Commission, Christopher helped found My American Dreams, a local non-profit devoted to community education and advocacy for immigrants.
18 - www.sonomacountygazette.com - 4/20