Immigration Outlook 2023: H-1B Visas, Green Cards, DACA, and More
The immigration outlook is expected to change in 2023. Major immigration reform may not be achievable. However, we believe there will be administrative rulemaking and policy shifts in the coming year. See how DACA, H-1B and other programs may be affected.
Supplemental Complaint Filed Against DACA
A total of nine states have filed a supplemental complaint challenging Deferred Action for Childhood Arrivals (DACA). They urge the Texas federal judge to rule against the Biden Administration’s final rule from August 2022 on the basis that the program is not lawful. The group claims the same flaws exist in the Biden version as the Obama administration program. This DACA complaint is the latest in a long history of legal challenges.
Bipartisan Immigration Deal Fails
An effort to pass an immigration deal providing a path to citizenship for DACA holders and limit southern U.S. border crossings has stalled. Based on reports from multiple outlets, the effort has failed.
DACA Proposal from U.S. Senate Faces Uphill Battle
A joint effort between the Democrats and Republicans proposes immigration reform that could affect DACA holders already living in the U.S. and the process at the borders. The basis of the proposal provides for relief for DACA and border security increases.
Efforts to Establish DACA During Lame-Duck Session
Several Democratic leaders in both the House and the Senate are making efforts to pass into legislation the Deferred Action for Childhood Arrivals (DACA) program for this ‘lame-duck’ session. The session has many priorities, including passing a budget, addressing the U.S. debt ceiling, passing legislation to retain same-sex marriage, DACA, and other critical items. How many of these issues can be passed during this session is unknown.
In-State Tuition To Be Available For Arizona DACA ‘Dreamers’
Arizona passed a law giving qualified undocumented students who have graduated from an Arizona high school eligibility for in-state tuition for their state universities. Arizona voters passed the measure giving some DACA visa holders this option to provide university access. Certain requirements apply.
DHS Begins Limited Implementation of DACA Final Rule
USCIS announced the current DACA Final Rule implementation, with related holds, while the DACA program remains a topic of litigation. Limited implementation began on October 31, 2022.
DACA Discrimination Lawsuit Revival Urged
The Fourth Circuit court is being asked to review a previous lawsuit claiming DACA status discrimination. The individual filing the lawsuit claims a large oil company rescinded an internship offer based on the individual’s DACA status. The basis for reviewing the matter is the U.S. Supreme Court ruling of a June 2020 decision. In that decision, Bostock v. Clayton County, the U.S. Supreme Court found that the definition of sex-based discrimination under Title VII of the 1964 Civil Rights Act includes LGBTQ rights bias, as the basis of discrimination is an individual’s sex. The DACA discrimination matter revival suggests using this same logic to their matter.
Biden DACA Rule Under Review
A federal judge is allowing current DACA holders to renew. However, the judge sent the Biden rule, scheduled to go into effect on October 31, 2022, for review as quickly as possible. As such, it is unlikely the Biden rule will go into effect on the date as previously planned.
Appeals Court Finds DACA Unlawful, Allows Current Enrollees to Renew
A federal appeals court found the Deferred Action for Childhood Arrivals (DACA) unlawful. However, they are allowing current enrollees to renew their status as the matter is sent to a lower court to review a new Biden administration regulation. The panel of three judges from the 5th U.S. Circuit Court of Appeals upheld a lower court’s ruling against the program. However, the introduction of the Biden regulation in August 2022 is sending the case to a lower court for consideration. The Biden regulation is meant to protect the program from legal challenges and will go into effect on October 31, 2022.