Georgetown Law & UBN Life on Hold

countries, and the sanctions can include suspending the granting of visas from tourist visas for governmental officials to the full suspension of visas for immigrant and nonimmigrant applicants. 20 The determination of the recalcitrant classification and the level of visa sanctions are both subjective and can be arbitrary or unnecessarily punitive to certain countries based on enduring racism and xenophobia as well as shifting political agendas. Asian and African countries typically make up the bulk of countries that are sanctioned or threatened with visa sanctions. The Gambia, Sierra Leone, Liberia, Ghana, Togo, Cameroon, Uganda, Ethiopia, Cape Verde, Mauritania, Algeria, Eritrea, and Egypt have all been punished with harsh visa sanctions. 21 The visa sanction regime is considered by some advocates to have laid the logistical groundwork for the Trump Administration’s Muslim and African Travel Bans, discussed below. New Diversity Visa Rules The Diversity Immigrant Visa Program is administered by the Department of State and is a lottery program that makes approximately 50,000 immigrant visas available annually to randomly selected individuals from countries with historically low rates of immigration to the United States. 22 Those selected for visas must meet educational or work experience requirements to qualify. 23 However, The Trump Administration instituted a new rule in the summer of 2019 that requires a current, unexpired passport in order to apply for a Diversity Visa and automatically disqualifies applicants whose applications contain errors or missing information, no matter how inadvertent they may be. 24 Although these new rules were touted as a deterrent against fraud, ultimately they put more barriers, financial and procedural, between immigrants and a pathway to permanent residency. Typically, at least 22,000 of the Diversity Visas are granted to Africans, so these changes negatively impact a large number of potential Black immigrants. Unlike the Trump Administration, which had announced plans to terminate the Diversity Visa program, the Biden Administration has announced it would like to expand the program to 80,000 visas a year. 25 While an increase in visa allocation is positive, unless changes are made to the rules, there are still significant hurdles for those who are applying. And without a United States-based eligible family member or an employer to sponsor a visa, there are very few alternative opportunities for permanent, legal immigration to the United States. 26 20 Jill H. Wilson, Immigration: “Recalcitrant” Countries and the Use of Visa Sanctions to Encourage Cooperation with Alien Removals, Cong. Res. Serv. (IF11025) (2020). 21 Id. 22 Green Card Through the Diversity Immigrant Visa Program, U.S. Citizenship & Immigration Servs., https://www.uscis.gov/green- card/green-card-eligibility/green-card-through-the-diversity-immigrant-visa-program (last visited May 4, 2021). 23 Diversity Visa Program: Confirm Your Qualifications, U.S. Dep’t of State - Bureau of Consular Affairs, https://travel.state.gov/ content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-if-you-are-selected/diversity-visa-confirm-your- qualifications.html (last visited May 4, 2021). 24 Hillary Marston, New Diversity Visa Requirements Impose Major Obstacles for Applicants, Am. Immigration Council (June 13, 2019), https://immigrationimpact.com/2019/06/13/new-diversity-visa-requirements/#.YFnt1xNKjOR. 25 Jens Manuel Krogstad & Ana Gonzalez-Barrera, Key facts about U.S. immigration policies and Biden’s proposed changes, Pew Research Ctr. (Mar. 22, 2021) https://www.pewresearch.org/fact-tank/2021/03/22/key-facts-about-u-s-immigration-policies-and-bidens- proposed-changes/. 26 FAQs on Diversity Visas, UndocuBlack Network, https://undocublack.org/diversity (last visited May 4, 2021).

Life On Hold: Black Immigrants & the Promise of Liberian Refugee Immigration Fairness

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