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Senate Democrats Urge Biden to Enhance Protections for Immigrant Communities

The three Hispanic Democrats currently serving in the Senate are advocating for President Biden to bolster humanitarian protections for specific immigrant populations. Their call comes amid concerns that a potential Trump administration could strip these groups of their legal status.

In a letter sent on Wednesday, Senators Catherine Cortez Masto (Nev.), Alex Padilla (Calif.), and Ben Ray Luján (N.M.) urged Biden to take decisive action to improve the Temporary Protected Status (TPS) program. They are also advocating for the rapid processing of renewal applications for programs such as Deferred Action for Childhood Arrivals (DACA).

“We write today to urge you to act decisively during the remainder of your term of office to complete important work that will protect long-term immigrant communities and ensure that families are not returned to countries where they would face immense danger,” the senators stated.

They emphasized their support for enhanced border security while also ensuring that DACA recipients, TPS holders, and other vital immigrant members of their communities are not overlooked during this pivotal period.

According to data from the National Immigration Forum, approximately 864,000 individuals currently benefit from TPS, which permits nationals from certain designated countries to live and work in the United States for renewable 18-month intervals.

The Department of Homeland Security (DHS) oversees the TPS designations, which are granted based on significant man-made or natural events that prevent countries from safely accepting deportees.

The lawmakers spotlighted Ecuador, Nicaragua, and El Salvador as nations with substantial populations residing in the U.S. that could gain from TPS extensions or new designations.

While Ecuador is not presently designated for TPS, there have been calls from some Democratic lawmakers for its inclusion in the program. It is estimated that around 180,000 Salvadorans and approximately 3,000 Nicaraguans benefit from TPS in the country.

“Worsening crises in countries around the world, including in Ecuador, Nicaragua, and El Salvador, continue to endanger hundreds of thousands of people. Nationals from these three countries cannot return home due to severe circumstances on the ground,” the senators explained, pointing to rising violence in Ecuador and governmental oppression in Nicaragua and El Salvador.

Many Salvadoran TPS beneficiaries have lived in the U.S. for over 23 years. Historically, the country’s TPS designation has been renewed with relative ease by both Republican and Democratic administrations, except during Trump’s first term when many designations were allowed to lapse.

Though attempts by the Trump administration to cancel TPS were halted in court and reversed by Biden, advocates fear that a second Trump administration could successfully render TPS beneficiaries undocumented, putting them at risk of deportation.

The senators urged the Biden administration to extend, redesignate, or grant new TPS designations for the maximum statutory periods, ensuring at least 18 months of protection under a potential future administration.

“We urge the administration to ensure that those from countries with meritorious cases are granted TPS, allowing these individuals to continue building their lives here and contributing to our country,” they wrote.

In addition to TPS, the senators called on Biden to expedite DACA application processes and to provide advanced parole — a travel authorization for DACA beneficiaries — before his term concludes.

Advanced parole is vital for DACA recipients, as it allows them to leave and re-enter the U.S. with permission, potentially making them eligible for specific work visas that are otherwise inaccessible to individuals who entered the U.S. illegally.

DACA provides work permits and defers deportation for a group of undocumented immigrants, often referred to as Dreamers, who arrived in the U.S. as minors.

Cortez Masto, Padilla, and Luján also asked Biden to clarify the regulations surrounding which academic and nonprofit organizations can sponsor H-1B visas throughout the year. The DHS has a cap of 65,000 H-1B visas per year and an additional 20,000 for applicants with advanced degrees, yet many nonprofits are exempt from this limit.

Due to the high volume of applications, work visa recipients are selected via a lottery system, which offers a 50 percent chance of approval to most eligible applicants.

DACA beneficiaries who have utilized advanced parole to secure legal re-entry and who have not accrued more than six months of unlawful presence may qualify for H-1B visas through employer sponsorship, providing a potential pathway to full legal status.

However, the lottery system and claims of manipulation by major tech firms complicate this route. Various advocates, along with educational institutions and legal experts, have previously called upon the Biden administration to clarify which jobs and institutions are eligible for cap exemptions.

“Clearer cap exemption rules may encourage more employers to petition for H-1B visas on behalf of DACA holders, which will ensure qualified DACA recipients have opportunities to gain legal status through their employers,” the senators concluded.

Source
thehill.com