Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, March
31, 2023, is now posted.

 You can find the online version of the bulletin
here: [link removed]
<[link removed]>
[link removed]
All the best,

Alexandra 

**LEGISLATIVE BULLETIN - Friday, March 31, 2023**Welcome to the National
Immigration Forum's weekly bulletin! Every Friday, our policy team
rounds up key developments around immigration policy in Washington and
across the United States. This bulletin includes items on the
legislative, executive, and judicial branches, as well as some coverage
at the state and local levels.

Here's a breakdown of the bulletin's sections:

BILLS INTRODUCED AND CONSIDERED <#bills-introduced-and-considered>

LEGISLATIVE FLOOR CALENDAR <#legislative-floor-calendar>

UPCOMING HEARINGS AND MARKUPS <#upcoming-hearings-and-markups>

DEVELOPMENTS IN IMMIGRATION THIS WEEK <#Themes-In-Washington-This-week>

GOVERNMENT REPORTS <#government-reports>

SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
<#spotlight-on-national-immigration-forum-resources>

**BILLS INTRODUCED AND CONSIDERED**It can be challenging to keep up with
the constant barrage of proposed legislation in Congress. So, every
week, we round up a new list of bills here. This section includes
federal legislative proposals that have recently been introduced and
that are relevant to immigration policy. 

**S.979**
<[link removed]>A
bill to amend the Immigration and Nationality Act to reform and reduce
fraud and abuse in certain visa programs for aliens working temporarily
in the United States

Sponsored by Sen. Richard J. Durbin (D-Illinois) (5
<[link removed]>
cosponsors - 2 Republicans, 2 Democrats, 1 Independent)

03/27/2023 Introduced in the Senate by Sen. Richard J. Durbin

03/27/2023 Referred to the Senate Committee on the Judiciary

S.1129
<[link removed]>No
Relief for Allies of Dictators Act of 2023

This bill
<[link removed]>
would revoke visas and restrict new visas for supporters of regimes in
Cuba, Venezuela, Nicaragua, and Bolivia. It would impose visa
restrictions on any current or former officials of the Hugo Chávez or
Nicolás Maduro regimes in Venezuela; the Fidel Castro, Raúl Castro, or
Miguel Díaz-Canel regimes in Cuba; Daniel Ortega and the Sandinistas in
Nicaragua; and Evo Morales in Bolivia. Visa restrictions would extend to
spouses and children of foreign officials who support such regimes and
potentially affect those visiting the United Nations Headquarters
General Assembly.

Sponsored by Sen. Rick Scott (R-Florida) (0
<[link removed]>
cosponsors)

03/30/2023 Introduced in the Senate by Sen. Rick Scott 

03/30/2023 Referred to the Senate Committee on the Judiciary

H.R. 1564
<[link removed]>Drug
Cartel Terrorist Designation Act

This bill
<[link removed]>
would designate the Gulf Cartel, Cartel del Noreste, Cartel de Sinaloa,
and Cartel de Jalisco Nueva Generacion as Foreign Terrorist
Organizations. As a consequence, it would suspend and deny the issuance
of any type of visas to any person associated with these groups. The
Senate companion is S.698. 
<[link removed]>

Sponsored by Rep. Chip Roy (R-Texas) (28
<[link removed]>
cosponsors - 28 Republicans, 0 Democrats)

03/10/2023 Introduced in the House by Rep. Chip Roy 

03/10/2023 Referred to the House Committee on the Judiciary

H.R.1571
<[link removed]>Compact
Impact Fairness Act of 2023

This bill would provide certain federal benefits for qualified citizens
of the Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau who are lawfully in the U.S.

Sponsored by Rep. Ed Case (D-Hawaii) (4
<[link removed]>cosponsors
- 3 Republicans, 1 Democrat)

03/14/2023 Introduced in the House by Rep. Ed Case

03/14/2023 Referred to the House Committees on Oversight and
Accountability, on Ways and Means, and Agriculture

H.R.1787
<[link removed]>To
amend the Immigration and Nationality Act to provide nonimmigrant status
to mobile entertainment workers

Sponsored by Rep. Zoe Lofgren (D-California) (1
<[link removed]>
cosponsor - 1 Republican, 0 Democrats)

03/24/2023 Introduced in the House by Rep. Zoe Lofgren

03/24/2023 Referred to the House Committee on the Judiciary

H.R.1793
<[link removed]>EL
CHAPO Act

This bill
<[link removed]>
would reserve assets forfeited to the federal government because of
criminal prosecutions and felony convictions involving the
transportation of controlled substances into the U.S. so that they may
be used for security measures - including a border wall - at the
southern border.

Sponsored by Rep. Keith Self (R-Texas) (9
<[link removed]>
cosponsors - 9 Republicans, 0 Democrats)

03/24/2023 Introduced in the House by Rep. Keith Self

03/24/2023 Referred to the House Committee on the Judiciary

H.R.1832
<[link removed]>To
amend the Afghan Allies Protection Act to provide special immigrant
visas to certain Fulbright Scholars

Sponsored by Rep. John Garamendi (D-California) (0
<[link removed]>
cosponsors)

03/28/2023 Introduced in the House by Rep. John Garamendi

03/28/2023 Referred to the House Committee on the Judiciary

H.R. 2009
<[link removed]>To
provide for a limitation on availability of funds for Department of
Health and Human Services, The Administration for Children and Families,
Refugee and Entrant Assistance for fiscal year 2024

Sponsored by Rep. Andy Biggs (R-Arizona) (
<[link removed]>5
<[link removed]>
cosponsors - 5 Republicans, 0 Democrats) 

03/29/2023 Introduced in the House by Rep. Andy Biggs

03/29/2023 Referred to the House Committee on the Judiciary

H.R.2397
<[link removed]>The
Homeownership for Dreamers Act

This bill
<[link removed]>
would clarify that - if all other eligibility criteria are met -
loan eligibility cannot be conditioned on the mortgagor's status as a
DACA recipient.

Sponsored by Rep. Juan Vargas (D-California) (2
<[link removed]>
cosponsors - 0 Republicans, 2 Democrats)

03/29/2023 Introduced in the House by Rep. Juan Vargas

03/29/2023 Referred to the House Committee on Financial Services

H.R.2374
<[link removed]>New
Way Forward Act

This bill
<[link removed]>
would end mandatory detention and bolster judicial discretion. It would
also end federal laws that allow for the prosecution of people
migrating. It would create a five-year statute of limitations for
removal based on criminal convictions, allow those unjustly deported to
possibly return, and make other changes to immigration enforcement.

Sponsored by Jesús G. "Chuy" García (D-Illinois) (30
<[link removed]>
cosponsors - 0 Republicans, 30 Democrats)

03/29/2023 Introduced in the House by Rep. Jesús G. "Chuy" García

03/29/2023 Referred to the House Committee on the Judiciary

H.R.2344
<[link removed]>To
provide for a limitation on availability of funds for Bilaterial [sic]
Economic Assistance, Department of State, Migration and Refugee
Assistance for fiscal year 2024

Sponsored by Rep. Andy Biggs (R-Arizona) (5
<[link removed]>cosponsors
- 5 Republicans, 0 Democrats) 

03/29/2023 Introduced in the House by Rep. Andy Biggs

03/29/2023 Referred to the House Committee on Foreign Affairs

H.R.2345
<[link removed]>To
provide for a limitation on availability of funds for Bilaterial [sic]
Economic Assistance, Department of State, US Emergency Refugee and
Migration Assistance Fund for fiscal year 2024

Sponsored by Rep. Andy Biggs (R-Arizona) (5
<[link removed]>cosponsors
- 5 Republicans, 0 Democrats) 

03/29/2023 Introduced in the House by Rep. Andy Biggs

03/29/2023 Referred to the House Committee on Foreign Affairs

H.R.2417
<[link removed]>To
[amend] the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 to provide for the expedited removal of
unaccompanied alien children who are not victims of a severe form of
trafficking in persons and who do not have a fear of returning to their
country of nationality or last habitual residence

Sponsored by Rep. John R. Carter (R-Texas) (2
<[link removed]>
cosponsors - 2 Republicans, 0 Democrats)

03/30/2023 Introduced in the House by Rep. John R. Carter

03/30/2023 Referred to the House Committee on the Judiciary

H.R.2432
<[link removed]>To
amend the Immigration and Nationality Act to provide for the detention
of arriving aliens

Sponsored by Rep. Tom McClintock (R-California) (R-Texas) (0
<[link removed]>
cosponsors)

03/30/2023 Introduced in the House by Rep. Tom McClintock

03/30/2023 Referred to the House Committee on the Judiciary

H.R.2436
<[link removed]>To
amend the Immigration and Nationality Act to expand penalties for
illegal entry and presence

Sponsored by Rep. Nathaniel Moran (R-Texas) (7
<[link removed]>
cosponsors - 7 Republicans, 0 Democrats)

03/30/2023 Introduced in the House by Rep. Nathaniel Moran

03/30/2023 Referred to the House Committee on the Judiciary

H.R.2453
<[link removed]>To
amend section 212(d)(5) of the Immigration and Nationality Act to reform
immigration parole

Sponsored by Rep. Thomas P. Tiffany (R-Wisconsin) (0
<[link removed]>
cosponsors)

03/30/2023 Introduced in the House by Rep. Thomas P. Tiffany

03/30/2023 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**Neither the U.S. Senate nor the U.S. House
of Representatives will be in session from Monday, April 3, through
Friday, April 7, 2023.

**UPCOMING HEARINGS AND MARKUPS**Here, we round up immigration-related
congressional hearings and markups happening in the field or in
Washington. 

There are no upcoming hearings or markups concerning immigration policy
the week of April 3.

**DEVELOPMENTS IN IMMIGRATION THIS WEEK**Immigration policy is a dynamic
field subject to constant change. Here, we summarize some of the most
important recent developments in immigration policy on the federal,
legal, state, and local levels. 

Content warning: This section sometimes includes events and information
that can prove disturbing. 

****Federal ****

**Dozens Killed in Fire at Migration Detention Facility Near Mexico-U.S.
Border**On March 27
<[link removed]>,
at least 39 migrants were killed
<[link removed]>
and dozens more were injured after a fire tore through a Mexican
detention center near the U.S.'s southern border. 

The facility in Ciudad Juárez, Mexico - just across from El Paso,
Texas - detains migrants caught by authorities on their way through
Mexico and people who have been quickly expelled by the U.S. under the
Title 42 policy, a Mexican official told the Washington Post.
<[link removed]>Viral
footage
<[link removed]> of the
tragedy shows uniformed individuals leaving behind trapped detainees who
were unable to escape their cells, even as smoke filled the area. 

Amongthe dead and injured
<[link removed]>
were 28 Guatemalans, 13 Hondurans, 12 Venezuelans, 12 Salvadorans, and a
Colombian and Ecuadorian, according to the Mexican Attorney General's
Office. Six people
<[link removed]>-
three National Immigration Institute officials, two private security
guards, and the detainee accused of setting the fire - have had arrest
orders issued against them for charges including homicide and causing
injuries.

Hundreds of migrants
<[link removed]>
gathered Tuesday to peacefully protest outside the detention center and
to seek news of their loved ones who were inside when the fire broke
out. 

"We're pawns in a game between giants," Juan Pavón, a Venezuelan,
told the New York Times.
<[link removed]>
"No one cares what happens to us."

Later in the week, over a thousand migrants surrendered themselves to
border officials in El Paso after a false rumor spread that they would
be able to cross to safety in the U.S.

Migrants told Reuters
<[link removed]>
"they were fed up with daily discrimination and violence in Mexico," and
some of them expressed concerns that they would end up like the men
killed by the fire. 

"I came to live, not to die," Juan Velázquez told Reuters. "That's why
I want to leave here now. Mexico is not a place for us."

**DHS Secretary Mayorkas Testifies Before Congress Amid Impeachment
Threats **On March 28 and 29
<[link removed]>,
Homeland Security Secretary Alejandro Mayorkas testified in front of
Congress, fielding tough questions from lawmakers about current
operations at the U.S.'s southern border amid large-scale migration
there. 

The hearings come amid growing calls for Mayorkas's impeachment, as a
number of Congress members allege he has lost operational control of the
U.S.'s borders. 

The deadly effects of fentanyl remained a flashpoint
<[link removed]>
for debate, with some lawmakers continuing to conflate separate issues
of migration and drug smuggling across the U.S.'s borders. Sen. John
Cornyn (R-Texas) demanded that Mayorkas apologize to the families "who
lost their children because of fentanyl poisoning, because of the
policies of your department and the Biden administration."

Meanwhile, other elected officials
<[link removed]>
highlighted that the overwhelming majority of fentanyl entering the U.S.
is transported by American citizens
<[link removed]>
through ports of entry, not by asylum seekers. 

**Asylum Officers Union, UN Refugee Agency Express Opposition to
Proposed Asylum Rule **During a comment period that closed on March 27,
both a union representing U.S. asylum officers and the United Nations
High Commissioner for Refugees (UNHCR) ranked among a legion of
stakeholders who urged the Biden administration to reverse course on its
proposed rule to restrict asylum
<[link removed]>. 

In an effort to preempt an expected increase in humanitarian migration
after the Title 42 public health order is set to end in May, the
Departments of Justice and Homeland Security announced a proposed rule
last month that would create a rebuttable presumption of asylum
ineligibility at the U.S.-Mexico border. 

Migrants who traveled through a third country to arrive stateside would
be subject to the presumption unless they were denied protection
elsewhere en route, used the CBP One phone application to pre-schedule
an appointment at a port of entry (or went to a port of entry and proved
they hadn't been able to access that technology), followed a DHS
parole process, or qualified for one of several particularly narrow
rebuttal grounds. 

Stakeholders and concerned citizens were given a 30-day period to weigh
in
<[link removed]>
on the Biden administration's Notice of Proposed Rulemaking (NPRM),
during which many thousands of public comments
<[link removed]> were filed. 

Attorneys for a labor organization representing over 14,000 U.S.
Citizenship and Immigration Services employees, including asylum
officers, urged the Departments
<[link removed]>
to rescind the proposed rule. They wrote that it could force
<[link removed]> their
members "to take actions that would violate their oath to faithfully
discharge their duty to carry out the immigration laws adopted by
Congress" and "make them complicit in violations of U.S. and
international law."

UNHCR - the UN's refugee agency - alsoexpressed concerns
<[link removed]> that "the
NPRM runs afoul of several central principles of international refugee
law," including "the foundational principle of non-refoulement and the
right to seek asylum." The agency similarly recommended that the
Departments rescind the proposed rule. 

**House Democrats Urge the Biden Administration Not to Bring Back Family
Detention **On March 28, more than 100 House Democrats wrote a letter
<[link removed]>
raising "serious concerns" about the Biden administration's reported
consideration of reinstating family detention for migrants. 

Amid the expected end of the Title 42 public health order, which allows
for the rapid expulsion of migrants and asylum seekers at the
U.S.-Mexico border, news broke
<[link removed]>
several weeks ago that officials were mulling a return to family
immigration detention. On Tuesday, Homeland Security Secretary Alejandro
Mayorkas said that
<[link removed]>
"no decision has been made" on whether to bring back the practice. 

Led by Reps. Pramila Jayapal (Washington), Bennie Thompson
(Mississippi), Jerrold Nadler (New York), Lou Correa (California), David
Trone (Maryland), and Veronica Escobar (Texas), the congressional letter
<[link removed]>
opposing family detention outlines the various ways the policy can cause
psychological trauma to children and urges the use of "important and
proven alternatives."

For example, the Biden administration's recent "parole" programs
provide a legal pathway for Haitian, Nicaraguan, Venezuelan, and Cuban
migrants, and their rollout has coincided with a decrease in monthly
border crossing numbers. 

House Democrats have also called for more investment in case management
programs that allow migrant families to pursue their immigration court
cases without being held in detention centers. 

The House letter follows a similar dispatch on Sunday from members of
the Senate, including Majority Leader Chuck Schumer, calling family
detention "ineffective and inhumane." 

****Legal ****

**Supreme Court Hears Arguments Over Free-Speech And Unlawful
Migration**The Supreme Court on Monday revisited the constitutionality
of a law that makes it a crime to encourage unlawful immigration in the
United States.

Arguments focused on the language of the law, "encourages or induces,"
and its interpretation, which some say is unconstitutionally broad and
raises apprehensions over criminalizing free-speech. 

Critics worry the law could be used to justify the criminalization of
legal advice immigration lawyers provide to migrants, as well as the aid
immigrant rights activist groups extend.

Principal Deputy Solicitor General Brian Fletcher argued these
free-speech concerns are misplaced. According to Fletcher, the Justice
Department "understands the statute to require criminal intent," and
therefore there's little reason to fear prosecution. 

The case involves Helaman Hansen, who was found guilty of two counts of
encouraging unlawful immigration for private financial gain. The counts
were thrown out in 2022 by the federal appeals court in San Francisco on
the grounds that the immigration law violated the First Amendment. 

The Justice Department is seeking to reverse the lower court decision,
arguing it relies on the measure to prosecute migrant smugglers. 

A decision on United States v. Hansen is expected by July. 

****State and Local ****

**New Utah Bill Signed Into Law Could Restrict Undocumented Students
From Participating in School Sports**On March 17
<[link removed]>, Gov. Spencer Cox
(R-Utah) signed a new law
<[link removed]> requiring students
to provide identifying documents in order to participate in school
extracurriculars, despite concerns
<[link removed]>
that such a measure might exclude some undocumented kids from playing
sports. 

The law <[link removed]> lists
various forms of identification students can present to their schools,
including a birth certificate, a state-issued document such as a
driver's license or passport, and a federally recognized document like
those issued by the Department of Homeland Security. But many of these
IDs aren't available to undocumented children, stoking worries that
thousands of kids across the state may be at risk of losing the ability
to participate in extracurricular activities - a further
marginalization that could significantly impact their futures. 

"Sports are a gateway for families to have access to scholarships for
college. If they can't participate, it's something that really scares
them," Maria Montes, community engagement and organizing manager for
Comunidades Unidas, told KSL.com.
<[link removed]> 

Before signing the bill, Gov. Coxsaid he had solicited
<[link removed]>
a promise from its sponsor - Republican state lawmaker Jordan Teuscher
- to change its provisions during a special session if further
analysis over the next month indicates students would in fact be
affected.

"We're not trying to exclude anybody from playing," Cox said. 

**Texas Attorney General Urges State Lawmakers to Challenge Federal
Authority Over Immigration Enforcement**During a border security hearing
on March 16
<[link removed]>,
Attorney General Ken Paxton (R-Texas) urged state legislators
<[link removed]>
to "test" a 2012 Supreme Court decision that reaffirmed immigration
enforcement as a federal and not a state responsibility. 

For several years, Texas's Republican leadership has been trying to
find ways to crack down on irregular migration at the state's
international boundary with Mexico. Most notably, Gov. Greg Abbott's
over $4 billion
<[link removed]>
Operation Lone Starhas deployed
<[link removed]>
large numbers of Department of Public Safety troopers and Texas National
Guard members to the border in an attempt to target and prosecute
migrants
<[link removed]>,
largely for trespassing on private property in a state where around 95%
<[link removed]>of the land is private. 

Now, state lawmakers are considering legislation - including apriority
bill
<[link removed]>,
H.B. 20 - that would clearly challenge court precedent around
states' authority to interfere with immigration enforcement. H.B. 20
<[link removed]>
would go so far as to form a state unit of officers who could arrest and
repel migrants at Texas's southern border, raising concerns of
vigilantism.
<[link removed]> 

Paxton told Texas officials that they "should test to see if the states
can protect themselves." He explicitly signaled
<[link removed]>
a desire to challenge the Supreme Court's decision
<[link removed]>
in Arizona v. United States, in which state immigration restrictions
were found to violate the U.S. Constitution and subsequently struck down
in 2012. 

**GOVERNMENT REPORTS**Reports by bodies such as the U.S. Government
Accountability Office, the Congressional Research Service, and the
Department of Homeland Security Office of Inspector General provide
invaluable information on immigration policy and practice. Here, we give
brief summaries of new immigration-related reports, with links to the
resources themselves in case you want to learn more. 

**U.S. Government Accountability Office (GAO);****Immigrant Investor
Program: Opportunities Exist to Improve Fraud and National Security Risk
Monitoring** <[link removed]>

**; March 28, 2023**This report reviews the EB-5 program for foreign
investors and makes recommendations for U.S. Citizenship and Immigration
Services to continue to address concerns around potential fraud and
national security risks.

**Office of Inspector General (OIG);****FEMA Should Increase Oversight
to Prevent Misuse of Humanitarian Relief Funds**
<[link removed]>

**; March 28, 2023**This report reviews FEMA awards granted to local
recipient organizations serving families and individuals encountered by
the Department of Homeland Security. OIG determines that the local
organizations did not always use funding according to guidance and makes
recommendations to improve oversight and enforcement.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**The Forum is
constantly publishing new policy-focused resources that engage with some
of the most topical issues around immigration today. Here are a few that
are particularly relevant this week: 

**Florida's Immigration Enforcement Legislation: Five Key Concerns**
<[link removed]>This
resource provides key information about the legislative package
Republican lawmakers in Florida introduced on March 7, 2023.

**The Relationship Between English Proficiency and Naturalization**
<[link removed]>This
paper details the relationship between English language proficiency and
naturalization rates in the United States. It also provides related
policy recommendations.

**Bill Summary: Regional Immigration and Diplomacy Enforcement (RIDE)
Act**
<[link removed]>This
bill summary explains the provisions in the Regional Immigration and
Diplomacy Enforcement (RIDE) Act, or H.R. 1690, which was introduced by
Rep. Michael T. McCaul (R-Texas). 

* * * *This Bulletin is not intended to be comprehensive. Please contact
Alexandra Villarreal, Policy and Advocacy Associate at the National
Immigration Forum, with comments and suggestions of additional items to
be included. Alexandra can be reached at
[email protected]. Thank you.

 

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