James Pittman: Welcome to a special edition of Immigration Uncovered, the Docketwise video podcast. I'm your host, James Pittman, and today we're diving into the headlines, delivering you an October and November immigration News roundup. We begin with state legislation in Texas, where we're covering significant developments that have far reaching implications. Recently, the Texas House of Representatives made headlines as it passed three bills after hours of heated debate. These were Senate bill Four, House bill six, and House bill Four. While the state Senate gears up to review House bill Six and House bill Four, Governor Greg Abbot is expected to sign Senate bill Four, and that adds weight to these decisions. Let's go through these one by one. House bill Six is a bill allocating another $1.5 billion for Texas state border fencing and walls, and it raises questions about the efficacy in addressing immigration challenges at the US Mexico border. Senate bill Four takes a stricter stance, increasing criminal penalties for smuggling of persons. However, it primarily targets often unknowing low level participants, which raises concerns about its impact on actual crime deterrence and its lack of detail for support for trafficking victims. The bill that deserves particular scrutiny is House bill Four. This is a highly controversial piece of legislation which triggers a multitude of concerns. It directly undermines and short circuits the asylum process, in addition to which, it disregards the implications on foreign relations, and it promotes Texas's unwelcome interference in federal immigration enforcement. The most alarming aspect of House bill Four is its potential impact on people's lives as it spreads fear within immigrant communities, which affects all state residents. The bill could possibly be unconstitutional and to some seems rather lawless, eroding fundamental protections like habeas corpus in due process. What the bill does is enact new criminal law in Texas that defines as crimes, quote, illegal entry and, quote, illegal reentry. But the enforcement of the law, against which lacks the usual legal safeguards. House bill Four passed 83 to 63 after tensions flared in the legislature, which led to a temporary halt to action on the chamber floor. The vote finally took place at around 04 And the bill, which was authored by State Representative David Spiller, makes unauthorized entry across the border into Texas A Class B misdemeanor. That offense could increase to a state felony for any individual who was previously removed under the law. However, instead of arresting a migrant, a Texas state or local law enforcement officer could instead choose to order them to return to Mexico. If the person fails to comply, they could then be charged with a second degree felony, which carries prison time of two to 20 years. Under the terms of this law, a migrant could be arrested at any time and anywhere in the state after they enter illegally. This amounts to a short circuiting of the entire Eoir immigration court system, as the alien would be forced by state or local police officers acting under state law to self deport by crossing the border from Texas back to Mexico. There would be none of the usual due process associated with removal proceedings as they are currently conducted in the Department of Justice EoIr. Importantly, the House bill also requires local governments to indemnify local officials and police for claims for damages arising out of their actions taken to enforce these new code sections. Unless the police or local officials have acted either in bad faith or with conscious indifference or recklessly note that local governments would be required even to indemnify ultravirus actions which were taken in good faith. This legislation, according to immigration advocates, introduces a lawless reign of terror across Texas, jeopardizing communities House bill Four's basis rests on a misunderstanding of the complexities of the American immigration system. Immigrants contribute significantly to the US economy, sustaining programs and enriching our society. Rather than facilitating humane and orderly entry, bills like House bill Four intensify chaos existing at the border. We must recognize that immigrants seek the US for safety and opportunity, reinforcing our nation's values. Our response should be compassionate, organized, and respectful of human welfare. While there's still hope that House before won't become law, it's essential to prepare for any outcome. Learning one's rights and advocating for legislative solutions is crucial. We need to invest in service providers and community organizations who are ready to address potential harms caused by such legislation. By advocating for a compassionate immigration system, we can create a lasting impact. Let's remember that laws like house before are not our only option. Together, we can persist in demanding genuine solutions to the problems of orderly migration.

James Pittman: Next, we're going to be talking about the Biden Executive Order on artificial intelligence and its immigration provisions. Just the other day, President Biden issued a groundbreaking executive Order, which was aimed at ensuring that the United States takes the lead in harnessing the potential and addressing the challenges of artificial intelligence, or AI. This executive order sets new standards for AI safety and security. It emphasizes privacy protections it promotes equity and civil rights, and it advocates for consumers and workers, encouraging innovation and competition, which will bolster American leadership on the global stage. Some of the key points of the Executive order are first, new standards for AI safety and security. Developers of powerful AI systems must share safety test results and critical information with the US government. Strict standards, tests and AI safety boards will ensure that AI systems are safe, secure and trustworthy. Secondly, the order protects against misuse of AI and biological synthesis. The order establishes strong new standards for using AI and biological synthesis, which screen to guard against the misuse of AI in engineering dangerous biological materials. Thirdly, AI enabled content fraud protections. The order has guidelines and mandates best practices to be developed for detecting aigenerated content and for authenticating official content. This ensures transparency and authenticity in government communications and prevents fraud. Fourth, Advanced Cybersecurity Program, a program focused on developing AI tools to discover and fix vulnerabilities in critical software, will be established to enhance cybersecurity. Next is National Security Memorandum. A memorandum will be developed to ensure the military and intelligence community's safe and ethical use of AI. 6th is protecting Americans'Privacy Congress is urged to pass bipartisan data privacy legislation to safeguard Americans'privacy especially that of children. Federal support will be directed to develop and promote privacy preserving techniques when using AI. 7th is advancing equity and civil rights. The Executive order addresses algorithmic discrimination by providing clear guidance to prevent discrimination and ensure fairness in the criminal justice system and promote equity in various sectors. 8th is standing up for consumers, patients and students. Measures will be taken to ensure that the responsible use of AI is promoted in healthcare, education and product safety. NinE is supporting workers principles and best practices will be developed to protect workers rights and mitigate AI related risks in the workplace. Number Ten, promoting innovation and competition also involves the immigration aspect. Initiatives will be launched to catalyze AI research, promote a fair AI ecosystem, and expand the ability of highly skilled immigrants to study, stay and work in the US. Number Eleven, advancing American leadership abroad. Collaborative efforts with other nations will be intensified to support the responsible use of AI and the development of international AI framework and Twelveth and finally, responsible government use of AI. The order will ensure that the government's deployment of AI is responsible and modernizes the federal AI infrastructure. This comprehensive executive order reflects the commitment of the Biden and Harris administration to responsible AI innovation. It sets the stage for further cooperation with Congress and international partners to ensure that the US remains at the forefront of AI development.

James Pittman: Now that we've gone through some of the key provisions of the Order, let's talk in particular about Section Five One, which holds great importance for immigration lawyers and their clients. Section Five One aims to allow AI companies to attract global talent, especially technical experts, to the United States. This is a move that not only promotes innovation, but also shows that immigration pathways should be modified to attract and bring top talent to the US to fill openings for those who specialize in critical and emerging technologies. Immigration lawyers, in particular, will find this section to be of immense interest as it directly impacts your work and the future of the clients you represent. So let's explore the key points of Section 5.1 and their implications in the context of immigration law and why it matters for both experts in AI and the immigration legal professionals who assist them. Section 5.1 is attracting AI talent to the United States, and the objective is to focus on attracting and retaining AI and emerging technology talent in the United States. One of the provisions is streamlining of visa processing. Within 90 days of this Executive order, the Secretary of State and the Secretary of Homeland Security are tasked with streamlining visa processing for noncitizens traveling to the US for AI and emerging technology work, study, or research. This includes making timely visa appointments available and maintaining the sufficient volume of available visa appointment openings. Section B highlights criteria for designating countries and skills so within 120 days of this Executive Order, the Secretary of State is mandated to consider initiating rulemaking to establish new criteria for designating countries and skills relating to the two year foreign residence requirements for specific J One nonimmigrants, especially those who have skills critical to the US. The Department will also explore updates to the 2009 Revised Exchange Visitor Skills list and consider a domestic renewal program for J One visa holders. Next is expanding the visa renewal categories. Within 180 days of this order, the State Department is to consider rulemaking to expand the non immigrant visa categories that are eligible for domestic visa renewals, potentially including academic J one research scholars and F one students who are in STEM fields, which are science, technology, engineering, and mathematics. Additionally, they will establish a program to attract top AI talent and emerging technology talent globally and connect them with educational employment opportunities in the United States. Next is modernizing immigration pathways. So within 180 days of this order, the Department of Homeland Security is supposed to review and make necessary policy changes to clarify and modify the immigration pathways for AI and emerging technology experts, and this will include changes to the one a nonimmigrant category, as well as the EB one and EB two immigrant categories, as well as modernizing the H One B program, the Department may also consider rulemaking to enhance the process for noncitizens to adjust status to permanent residents. Request for information on occupation so within 45 days of this order, the Secretary of Labor should publish a request for information and RFI to gather public input on AI and STEM related occupations facing a shortage of qualified US workers. So if you are interested in that, you should watch announcements by the Department of Labor for their forthcoming RFI and make your input on AI and STEM related occupations known. There are discretionary authorities created by this executive order. The Secretary of State and the Secretary of Homeland Security are encouraged to use their discretionary authorities to attract foreign nationals with special skills in AI and emerging technologies to the US. Also, informational resources are discussed. Within 120 days of this order, the Secretary of Homeland Security will develop and publish informational resources to attract and retain AI and emerging technology experts. This includes a comprehensive guide and a public report on their utilization in the US immigration system. In essence, this section of the Executive Order, Section 5.1, is designed to streamline the immigration process for artificial intelligence and emerging technology experts. It's designed to attract global talent and to ensure that the US remains a hub of innovation in these fields. Well, that is your October November Immigration News Roundup. Join us again for our next episode of Immigration Uncovered.

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