Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, April
14, 2023, is now posted.

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

All the best,

Alexandra 

**LEGISLATIVE BULLETIN - Friday, April 14, 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 country. The 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.1068**
<[link removed]>Stop
Dangerous Sanctuary Cities Act

This bill
<[link removed]>
would authorize local law enforcement to work with federal immigration
enforcement and pull funding from sanctuary cities. Sanctuary
jurisdictions are those which limit state and local officials'
involvement in federal immigration enforcement functions.

Sponsored by Sen. Ted Cruz (R-Texas) (19 cosponsors - 19
<[link removed]>Republicans,
0 Democrats)

03/30/2023 Introduced in the Senate by Sen. Ted Cruz

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

**H.R. 2494**
<[link removed]>Protect
Our Law Enforcement with Immigration Control and Enforcement (POLICE)
Act of 2023

This bill
<[link removed]>would
amend the Immigration and Nationality Act to make explicit that
assaulting law enforcement officers is a deportable act. 

Sponsored by Rep. Andrew R. Garbarino (R-New York) (8
<[link removed]>
cosponsors - 8 Republicans, 0 Democrats)

04/06/2023 Introduced in the House by Rep. Andrew R. Garbarino

04/06/2023 Referred to the House Committee on the Judiciary

**H.R.2557**
<[link removed]>CBP
Workload Staffing Model Act

This bill
<[link removed]>
would direct the CBP commissioner to come up with and implement a
staffing model.

Sponsored by Rep. Clay Higgins (R-Louisiana) (0
<[link removed]>
cosponsors)

04/10/2023 Introduced in the House by Rep. Clay Higgins

04/10/2023 Referred to the House Committee on Homeland Security

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate will be in session from
Monday, April 17, through Friday, April 21, 2023.

The U.S. House of Representatives will be in session from Monday, April
17 through Thursday, April 20, 2023.

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

**Budget Hearing - Fiscal Year 2024 Request for the U.S. Immigration
and Customs Enforcement Agency**
<[link removed]>

**Date:**Tuesday, April 18 at 10:00 a.m. EST (House Appropriations
Committee)

**Location:** 2362-A Rayburn House Office Building, Washington, D.C.

**Witnesses:**

**Tae Johnson,** Acting Director, Immigration and Customs Enforcement

**Oversight of the Office of Refugee Resettlement's Unaccompanied Alien
Children Program**
<[link removed]>

**Date:**Tuesday, April 18 at 10:00 a.m. EST (House Committee on
Oversight and Accountability)

**Location:** 2247 Rayburn, Washington, D.C.

**Witnesses:**TBA

**The Homeland Security Cost of the Biden Administration's
Catastrophic Withdrawal from Afghanistan**
<[link removed]>

**Date:**Tuesday, April 18 at 10:00 a.m. EST (House Committee on
Homeland Security)

**Location:** 310 Cannon House Office Building, Washington, D.C.

**Witnesses:**

**The Honorable Nathan A. Sales,**former Ambassador-at-Large and
Coordinator for Counterterrorism

**Simone Ledeen,**former Deputy Assistant Secretary of Defense for
Special Operations and Combating Terrorism

**Christopher J. Douglas,**Colonel (Ret.), United States Marine Corps

**The FY24 DHS Budget: Resources and Authorities Requested to Protect
and Secure the Homeland**
<[link removed]>

**Date:**Tuesday, April 18 at 10:00 a.m. EST (Senate Committee on
Homeland Security and Governmental Affairs)

**Location:** Senate Dirksen Building, SD-562, Washington, D.C.

**Witnesses:**

**The Honorable Alejandro N. Mayorkas,**Secretary, U.S. Department of
Homeland Security

**Insights from the HHS Inspector General on Oversight of Unaccompanied
Minors, Grant Management, and CMS**
<[link removed]>

**Date:**Tuesday, April 18 at 10:30 a.m. EST (House Energy and Commerce
Committee)

**Location:** 2322 Rayburn House Office Building, Washington, D.C.

**Witnesses:**TBA

**The Biden Administration's Disastrous Withdrawal from Afghanistan,
Part I: Review by the Inspectors General**
<[link removed]>

**Date:**Wednesday, April 19 at 10:00 a.m. EST (House Committee on
Oversight and Accountability)

**Location:** 2154 Rayburn, Washington, D.C.

**Witnesses:**TBA

**A Review of the Fiscal Year 2024 Budget Request for the Department of
Homeland Security**
<[link removed]>

**Date:**Wednesday, April 19 at 10:00 a.m. EST (House Committee on
Homeland Security)

**Location:** 310 Cannon House Office Building, Washington, D.C.

**Witnesses: **

**The Honorable Alejandro Mayorkas,**Secretary, U.S. Department of
Homeland Security

**Budget Hearing - Fiscal Year 2024 Request for the U.S. Customs and
Border Protection Agency**
<[link removed]>

**Date:**Wednesday, April 19 at 2:00 p.m. EST (House Committee on
Appropriations)

**Location:** 2008 Rayburn House Office Building, Washington, D.C.

**Witnesses: **

**Troy Miller,** Acting Commissioner, U.S. Customs and Border Protection

**Nomination of Julie Su to Serve as Secretary of Labor**
<[link removed]>

**Date:**Thursday, April 20 at 10:00 a.m. EST (Senate Committee on
Health, Education, Labor and Pensions)

**Location:** 430 Dirksen Senate Office Building, Washington, D.C.

**Witnesses: **

**Julie Su**

**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 ****

**Biden Signs Legislation Ending National Emergency, Title 42 Remains in
Place **On April 10, President Joe Biden signed a bipartisan
<[link removed].>
congressional resolution ending the national emergency for the Covid-19
pandemic, more than three years after the virus first upended lives
across the country. 

But a separate Covid-19 public health emergency remains in place, as
does the Title 42 policy that allows federal officials to quickly expel
migrants without the opportunity to seek asylum. 

The public health emergency - and with it, the Title 42 order
<[link removed]>
- is set to expire on May 11, a timeline that a White House official
<[link removed]>said
was unaffected by the legislation. 

The national emergency's end will impact other pandemic-era policies
<[link removed].>,
such as the Department of Housing and Urban Development's Covid-19
mortgage forbearance program and relaxed Veterans Affairs requirements
<[link removed]>
to determine caregiver assistance eligibility.

Meanwhile, even with Title 42 in effect, high numbers
<[link removed]> of migrants are trying to
cross into El Paso, in part because of false rumors that the U.S. will
let them in after a devastating fire at a Mexican immigration detention
center last month killed 40 people. Despite no change in policy,
migrants say they're being told that the U.S. will not return them to
Mexico in the tragedy's aftermath,according to Border Report
<[link removed]>. 

But "the border is not open for those without authorization or a legal
basis to enter," said Border Patrol spokesperson Fidel Baca. "Migrants
not amenable to (Title 42) expulsion but (who) do not have a legal basis
to remain in the U.S. will be placed in removal procedures under Title
8. That has not changed."

**Pilot Program Tests Expedited Asylum Screenings**On April 12, Rep.
Henry Cuellar (D-Texas) confirmed to Border Report
<[link removed]>that
asylum officers had begun conducting initial asylum screenings with
migrants being held at U.S. Customs and Border Protection (CBP)
processing facilities, where attorneys aren't allowed inside. 

The new pilot program aims to expedite credible fear determinations -
a first hurdle in the asylum process - by interviewing migrants while
they're still in CBP custody instead of waiting for them to be
transferred to detention with U.S. Immigration and Customs Enforcement.
The CBP facilities will be "stocked with phone lines that will be used
for the hearings," and asylum officers will try to complete screenings
within 72 hours, the Associated Press reported
<[link removed]>. 

The policy change is one of many federal responses to the anticipated
increase in migrants arriving at the U.S.-Mexico border after the Title
42 public health order is expected to end on May 11. But immigration
advocates have raised significant concerns over the new process, which
resembles short-lived initiatives
<[link removed]>
under the Trump administration that saw credible fear grant rates
plummet. 

Current officials have tried to distinguish
<[link removed]>
their version of the policy from their predecessor's, in part by
explaining they plan to collaborate with an unnamed legal services
provider to ensure asylum seekers have access to counsel. But Rep.
Cuellar said that
<[link removed]>
- while migrants will be able to make phone calls - attorneys still
won't be let into the CBP facilities. 

"It matters where the interviews are held. First, for attorney access.
Second, for safety and space concerns," Priscilla Orta, supervising
attorney for Lawyers for Good Government's Project Corazon, told
Border Report
<[link removed]>. 

"ICE has protocols and procedures that are designed to allow attorneys
to have meaningful access to their clients or potential clients. ICE
isn't perfect, but they are designed for this type of detention and
for these interviews. CBP is different."

Meanwhile, the Biden administration has pressed pause on its signature
asylum processing rule
<[link removed]>,
which it had been slowly rolling out afterinitial implementation
<[link removed]>
last May. The rule allows asylum officers to conduct non-adversarial
asylum merits interviews for those with positive credible fear
determinations instead of routing them into the backlogged immigration
court system. Officials said the pause was only temporary, also in
preparation for an increase in migration at the U.S.-Mexico border. 

**Biden Administration Expands Health Insurance Eligibility for DACA
Recipients**On April 13, President Joe Biden announced
<[link removed]>
that his administration would expand healthcare coverage for Deferred
Action for Childhood Arrivals (DACA) recipients, allowing them
<[link removed]>
to apply for Medicaid or insurance exchanges through the Affordable Care
Act.

The Obama administration created the DACA program in 2012 to provide
deportation protections and work authorization for immigrants who were
brought to the U.S. illegally as children - a group of people known
collectively as Dreamers. But until this week's announcement, DACA
recipients haven't qualified for government-subsidized health plans,
and some have struggled greatly to
<[link removed]>
afford private insurance. 

"I believe health care should be a right," Biden tweeted
<[link removed]>.
"I've worked hard to get more Americans health insurance than ever
before - and today's announcement that we're expanding health coverage
for DACA recipients is about giving Dreamers the same opportunities and
support."

The policy change comes even as DACA itself
<[link removed]>remains
in legal limbo amid a contentious court battle that threatens to upend
Dreamers' lives and livelihoods in the U.S. 

**U.S. Citizen Children Separated From Families Under the Trump
Administration **On April 11,
<[link removed]>
the New York Times reported that potentially as many as a thousand U.S.
citizen children had been separated from their migrant parents under the
Trump administration's Zero Tolerance policy, which drew ire and
condemnation back in 2018 for ripping families apart at the southern
border. 

Under the practice, thousands of children were taken from their parents
as adults were prosecuted for immigration-related offenses. For American
kids, their citizenship status did not necessarily provide additional
rights to prevent these separations - in fact, it may have been a
disadvantage, legal analysts said. 

While foreign-born children were entered into federal databases and
eventually allowed to speak with their parents, U.S.-born kids were
placed with state foster care systems, which has complicated
reconnecting them with their families. As the interagency task force led
by the Department of Homeland Security has tried to track these cases
and review the files needed to identify separated parents and children,
their efforts have been dogged by records that are incomplete,
scattered, or nonexistent. 

Some children have yet to be reunited with their parents, lost to the
system. 

**New Campaign Attempts to Deter Migration Through the Darien Gap**On
April 11, the United States, Panama, and Colombia announced that they
<[link removed]>
would begin a 60-day campaign to curb irregular migration through the
Darien Gap, one of the most dangerous parts of the transnational route
to the U.S.-Mexico border. 

According to Panama's government, the number of migrants passing
through the Darien Gap has increased exponentially, with more than
87,000 people making the journey in the first three months of this year.

Details of the new campaign were sparse, although part of the plan
entails "new lawful and flexible pathways for tens of thousands of
migrants and refugees as an alternative to irregular migration."
Additionally, the initiative will invest in fighting poverty and
creating jobs within the region. 

**Changes Announced to Central American Minors Program**On April 12, the
Biden administration announced changes
<[link removed]>
to the Central American Minors Program (CAM), with the aim of making it
more streamlined and accessible. 

The nearly decade-old program provides a pathway
<[link removed]> for children from El Salvador, Guatemala,
and Honduras to reunite with parents or legal guardians already in the
U.S. Kids are screened for refugee status, and if they're ineligible for
that, they're considered for parole.

The changes announced this week will allow applicants who interviewed
near the beginning of the Trump administration - which terminated the
parole option and later stopped accepting new applications or
interviewing candidates for CAM altogether - to now pursue parole.
They will also let financial supporters give a sworn statement instead
of having to fill out a form to prove financial support, and they will
advance cutoff dates to expand parents' and legal guardians'
eligibility for the program.

**USCIS Opens H-2B Petitions for Returning Workers in Late-FY 2023**On
April 13,
<[link removed]>U.S.
Citizenship and Immigration Services started accepting petitions for
10,000 additional H-2B visas available during the final months of the
2023 fiscal year, with spots reserved exclusively for returning
workers. 

To qualify for this supplemental allotment, businesses must prove that
they are suffering or will suffer irreparable harm without the migrant
labor.

Separately, USCIS is also still accepting H-2B petitions for a special
allocation of visas for nationals from El Salvador, Guatemala, Honduras,
and Haiti.

****State and Local****

**Illinois Bill Would Allow Dreamers to Become Police Officers**Proposed
legislation in Illinois would let DACA recipients be considered for law
enforcement positions statewide. 

The bill - which has bipartisan support - would address officer
shortages
<[link removed]>
while providing Dreamers with another opportunity to serve their
communities
<[link removed]>.
It has already passed the Illinois House and is now before the state
Senate. 

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

**Congressional Research Service (CRS);****Asylum Process in Immigration
Courts and Selected Trends**
<[link removed]>

**; April 12, 2023**This report summarizes asylum adjudication
processes, focused on the role of the Executive Office for Immigration
Review. It also analyzes recent trends in asylum applications and grant
rates. 

**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: 

**Bill Analysis: Eliminating Backlogs Act of 2023**
<[link removed]>This
bill analysis details the provisions in H.R. 1535, a bipartisan bill
introduced by Rep. Larry Bucshon (R-Indiana) and co-sponsored by Rep.
Raja Krishnamoorthi (D-Illinois) that would recapture unused
employment-based green cards and exempt them from per-country caps.

**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: The American Families United Act**
<[link removed]>This
bill summary has been updated to reflect the 118th Congress's version
of the American Families United Act, H.R. 1698
<[link removed]>,
a bipartisan piece of legislation that would encourage family unity by
providing the Attorney General and the Department of Homeland Security
with further discretion during certain immigration-related
adjudications. 

* * * *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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