Things That Matter

The Trump Administration Raised Fees For Immigration Cases Including For Refugees

In its continuing campaign against immigrants and refugees, the Trump administration has increased the costs of immigration proceedings – in some instances by more than 80%. These new fees could make the cost of seeking asylum protection in the U.S. or becoming a citizen out of reach for tens of thousands of immigrants.

The new fees are seen as little more than an additional tool used by the administration to further limit immigration to the U.S. and make life more difficult for those seeking to call the U.S. homes.

The Trump administration announced major changes to the fees charged for immigration proceedings.

On Friday, the Trump administration announced it would dramatically increase the fees for U.S. immigration services on everything from refugee asylum requests to naturalization services. The new fee structure, released by U.S. Citizenship and Immigration Services (USCIS), is expected to take effect on October 2.

The new fees are seen as little more than an additional tool used by the administration to further limit immigration to the U.S. and make life more difficult for those seeking to call the U.S. homes. It will also have an outsized impact on business that hire foreign workers.

The agency, which has closed offices and suspended most services during the pandemic, has said it faces a significant revenue shortfall that could trigger furloughs. Earlier this year, the agency requested $1.2 billion in emergency funds from Congress.

The U.S. will now be one of just a few countries that actually charge refugees to file asylum requests.

Credit: Gregory Bull / Getty Images

With the new fee charged to refugees and asylum seekers, the U.S. will become one of just four countries that actually charge for this application. The new fee for asylum is a blatant attack on the most vulnerable among us and is another way for the administration to target and restrict protections for those fleeing their home countries.

The $50 application fee for asylum applications now puts the U.S. in the same ranks as Iran, Fiji, and Australia. The new rule would also raise the cost for an asylum applicant to apply for an employment authorization document (EAD) from the current zero to $490, one of many policy changes to discourage potential asylum applicants. DHS commented, “DHS does not believe that the EAD fee is unduly burdensome for asylum seekers.”

However, one asylum officer who spoke with BuzzFeed News on condition of anonymity said the fee was discouraging.

“The larger problem is that humanitarian applications by their nature should be free,” the officer said. “The idea of charging people who are fleeing — and not helping if they don’t pay up — is disgusting.”

Another asylum officer said it will cost the agency more to collect the fee than $50, “which doesn’t come close to covering the cost of adjudicating an asylum application.”

Other fees – from green card replacements to citizenship applications – will also be going up.

The new fee changes impact several categories of services offered by USCIS that will impact our community. Two of the most common types of visas issued by the agency (L and H-1B visas) will increase by 75% and 21% respectively.

The L visa – which is used for short term work in the U.S. – will increase from $460 to $805. The fee for an H-1B petition (which is used by employers to hire highly-skilled workers) will rise from $460 to $555.

For season workers in the U.S., of which there are hundreds of thousands, their fees will also increase by almost 50%. The current fee for these visas is $460 but the H-2A (season agricultural) will rise to $850 and the H-2B (seasonal non-agricultural) will rise to $715.

USCIS would increase the cost of the application (N-400) to become a U.S. citizen by more than 80%, rising from $640 to $1,160 (for online filings, although a separate $85 biometrics fee would be eliminated). 

The new increased fees come as the agency faces a financial crisis that many say are of its own making.

Many are concerned about the timing of these fee increases because USCIS is in the midst of historic mismanagement, that has face the agency from a substantial surplus to a deficit so severe USCIS has requested a $1.2 billion bailout from Congress.

Rep. Zoe Lofgren, chair of the House Judiciary’s Subcommittee on Immigration and Citizenship, held a July 29, 2020, oversight hearing that helped explain how the Trump administration caused the financial problems at USCIS through its policy choices on immigration.

“Under the Trump Administration, USCIS has issued a flurry of policies that make its case adjudications more complicated, which reduces the agency’s efficiency and requires more staff to complete fewer cases,” testified Doug Rand, a founder of Boundless Immigration and a senior fellow at the Federation of American Scientists. “There are dozens if not hundreds of such policies.” 

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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In what many are calling a landmark decision, the 9th Circuit Court of Appeals just handed a major victory to migrant’s rights advocates. Although the major ruling seems simple on paper, it has major legal implications and could truly change the way that U.S. Immigration and Customs Enforcement (ICE) agents arrest undocumented immigrants.

However, the decision is likely to be appealed to the U.S. Supreme Court – where it would face an uncertain legal future given the possible future makeup of the nation’s highest court.

The 9th Circuit Court just issued a landmark legal decision that could greatly affect ICE arrests.

Credit: Eric Risberg / Getty Images

Long-standing rules for arresting migrants may soon need to change, thanks to a recent ruling by the 9th Circuit Court of Appeals.

The court says that ICE needs to align its arresting and detention procedures with those of all other law enforcement agencies in the country, which are guided by rules within the U.S. constitution. When police arrest people for suspected crimes, the constitution requires them to show probable cause to a judge within 48 hours. But ICE does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

But ICE’s policies may no longer be legal.

The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. “The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate,” the court said. This really shouldn’t be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person’s freedom is an essential safeguard against tyranny.

ICE’s arrest and detention policies have long come under scrutiny for seemingly skirting constitutional rules.

Credit: Joseph Sohm / Getty Images

For almost 200 years, immigration enforcement has existed in a sort of grey area, where the usual rules never applied. For example, when ICE arrests people, individual officers have much more legal discretion than other law enforcement authorities. Detainees may be held for weeks or months before going to a judge who will ask the person how they plead to ICE’s allegations against them.

Only then, long after the initial arrest, might ICE actually be required to show a judge any evidence to back up its case. The person would have spent all of that time detained, likely at a private detention center in a remote area.

For any other person in the U.S., this procedure goes against every legal protection in the constitution. But ICE has gotten away with treating immigrants this way for generations.

The ruling comes as other courts are making it easier for ICE to abuse migrant’s constitutional rights.

The ruling by the 9th Circuit comes less than a week after the 1st Circuit overturned a ban prohibiting ICE from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, ICE created a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. However, a district court granted an injunction against the policy after migrant advocates filed a lawsuit against ICE. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts.

Meanwhile, ICE has resumed large-scale enforcement operations, announcing roughly 2,000 arrests over several weeks amid the Coronavirus pandemic. The 9th Circuit’s decision raises an obvious question: How many of those people were detained for more than 48 hours without a review by a judge?

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The Trump Administration Just Announced That They’re Banning TikTok Downloads Starting on Sunday

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The Trump Administration Just Announced That They’re Banning TikTok Downloads Starting on Sunday

On Friday, the Trump administration announced that it would be blocking future downloads of social media app TikTok starting on midnight on Sunday.

“At the President’s direction, we have taken significant action to combat China’s malicious collection of American citizens’ personal data, while promoting our national values, democratic rules-based norms, and aggressive enforcement of U.S. laws and regulations,” said Commerce Secretary Wilbur Ross

The Trump Administraiton is also taking action against the popular messaging and payment app WeChat, banning American companies from hosting the app’s internet traffic or processing transactions for the app (one of its key features).

Both TikTok and WeChat are the two most popular tech exports from China.

via Getty Images

TikTok is a popular video-sharing platform that allows users to share 15-second videos of themselves dancing and lip-syncing to popular music (among other things). The app recently exploded in popularity, racking up 99.8 million downloads in the first six months of 2020.

TikTok and WeChat have both been recent targets of the Trump administration due to their data-collection practices.

TikTok, specifically, has recently come under fire for violating Google privacy policies. TikTok collects and documents massive amounts of data from their users, like videos watched and commented on, location data, device type, and copy-and-paste “clipboard” contents. The app even records people’s keystroke rhythms as they type.

The Trump Administration has long been suspicious of TikTok’s data-collection, speculating that TikTok might be sending the data to the Chinese government.

The Trump administration has argued that such massive amounts of data in the hands of a foreign government is a threat to national security. TikTok denies that they are handing over the data to the Chinese government.

TikTok, for their part, are not hiding their displeasure about the ban, releasing a public statement saying: “We will continue to challenge the unjust executive order, which was enacted without due process and threatens to deprive the American people and small businesses across the US of a significant platform for both a voice and livelihoods.”

This isn’t the first time TikTok has gone toe-to-toe with the Trump administration. The social media company sued the administration in August after Trump signed an executive order enacting broad sanctions against the app. TikTok claimed that the order denied the company of due process.

The TikTok ban is making waves because it marks the first time the U.S. has banned a tech app on the basis of national security concerns.

But some critics are saying that there doesn’t seem to be much rhyme or reason behind the ban. “It just feels to me to be improvisational,” said cyber-security expert Adam Segal.

Both TikTok users and concerned Americans have taken to the internet to express their anger at the Trump administration’s decision.

“Don’t be mistaken folks,” said one Twitter user. “Sunday it will be TikTok. Tomorrow it will be twitter, FB, Instagram…you name it…We must protect free speech!”

Another pointed out the hypocrisy of Trump targeting China when he doesn’t seem to be as concerned about Russia meddling in our internet affairs. “I live in a world where TikTok is a threat to national security but Russian interference in our elections is not,” she said. “This is Trump’s America.”

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