Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, April
21, 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, April 21, 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.1208**
<[link removed]>Dignity
for Detained Immigrants Act

This bill would repeal mandatory detention, bar children and families
from being detained, create a presumption of release for vulnerable
populations, phase out immigration detention at private facilities and
jails, and make other changes to U.S. immigration detention. The House
companion, H.R.2760
<[link removed]>,
was introduced by Rep. Pramila Jayapal (D-Washington). 

Sponsored by Sen. Cory A. Booker (D- New Jersey) (6
<[link removed]>
cosponsors - 0 Republicans, 5 Democrats, 1 Independent)

04/19/2023 Introduced in the Senate by Sen. Cory A. Booker

04/19/2023 Referred to the Senate Committee on the Judiciary 

**S.1253**
<[link removed]>A
bill to increase the number of U.S. Customs and Border Protection
Customs and Border Protection officers and support staff and to require
reports that identify staffing, infrastructure, and equipment needed to
enhance security at ports of entry

Sponsored by Sen. Gary C. Peters (D-Michigan) (1
<[link removed]>
cosponsor - 1 Republican, 0 Democrats)

04/20/2023 Introduced in the Senate by Sen. Gary C. Peters

04/20/2023 Referred to the Senate Committee on Homeland Security and
Governmental Affairs

**H.R. 2577**
<[link removed]>DHS
Suicide Prevention and Resiliency for Law Enforcement Act

This bill would establish the Law Enforcement Mental Health and Wellness
Program for law enforcement officers and agents. The Senate companion is
S.1137. 
<[link removed]>

Sponsored by Rep. Bennie G. Thompson (D-Mississippi) (1 cosponsor - 1
Republican, 0 Democrats)

04/13/2023 Introduced in the House by Rep. Bennie G. Thompson

04/13/2023 Referred to the House Committee on Homeland Security

**H.R.2580**
<[link removed]>Ensuring
United Families at the Border Act

This bill
<[link removed]>
would explicitly state there is no presumption that a migrant child
accompanied by family should not be detained. It would also require the
Homeland Security Secretary to detain migrant families during
misdemeanor prosecutions for entering unlawfully, establish a sense of
Congress that these provisions satisfy the Flores Settlement Agreement,
and bar states from requiring licensing for immigration detention
facilities that hold kids.

Sponsored by Rep. Andy Biggs (R-Arizona) (10
<[link removed]>
cosponsors - 10 Republicans, 0 Democrats)

04/13/2023 Introduced in the House by Rep. Andy Biggs

04/13/2023 Referred to the House Committee on the Judiciary

**H.R.2632**
<[link removed]>To
require reports on the immigration status of individuals convicted of
State crimes

Sponsored by Rep. George Santos (R-New York) (0
<[link removed]>cosponsors)

04/17/2023 Introduced in the House by Rep. George Santos 

04/17/2023 Referred to the House Committee on the Judiciary

**H.R.2633**
<[link removed]>Terrorist
Organization Classification Act

This bill
<[link removed]>would
direct the Secretary of State to report to Congress on the designation
as foreign terrorist organizations of Queen Nation, MS-13, Sinaloa,
Cartel Jalisco Nueva Generación, and Beltran Leyva Organization. 

Sponsored by Rep. George Santos (R-New York) (0
<[link removed]>
cosponsors)

04/17/2023 Introduced in the House by Rep. George Santos 

04/17/2023 Referred to the House Committee on the Judiciary

**H.R.2640**
<[link removed]>Border
Security and Enforcement Act of 2023

This bill would limit asylum, require employers to verify workers'
immigration statuses, curtail the executive's parole powers, create
criminal penalties for visa overstays, and make other changes to
immigration law.

Sponsored by Rep. Tom McClintock (R-California) (1
<[link removed]>cosponsor
- 1 Republican, 0 Democrats)

04/17/2023 Introduced in the House by Rep. Tom McClintock 

04/19/2023 Ordered to be Reported (Amended) by the Yeas and Nays: 23 -
15

**H.R. 2644**
<[link removed]>To
reduce the amount of foreign assistance to El Salvador, Guatemala, and
Honduras based on the number of unaccompanied alien children who are
nationals or citizens of such countries and who in the preceding fiscal
year are placed in Federal custody by reason of their immigration status

Sponsored by Rep. Michael C. Burgess (R-Texas) (0
<[link removed]>
cosponsors)

04/17/2023 Introduced in the House by Rep. Michael C. Burgess

04/17/2023 Referred to the House Committee on Foreign Affairs

**H.R. 2697**
<[link removed]>Fairness
to Freedom Act of 2023

This bill
<[link removed]>
would create a right to legal representation at government expense for
those facing removal and unable to afford counsel. 

Sponsored by Rep. Norma J. Torres (D-California) (20
<[link removed]>
cosponsors - 0 Republicans, 20 Democrats)

04/18/2023 Introduced in the House by Rep. Norma J. Torres

04/18/2023 Referred to the House Committee on the Judiciary

**H.R. 2699**
<[link removed]>For
the relief of Felipe Diosdado

Sponsored by Rep. Danny K. Davis (D-Illinois) (0
<[link removed]>
cosponsors)

04/18/2023 Introduced in the House by Rep. Danny K. Davis 

04/18/2023 Referred to the House Committee on the Judiciary

**H.R.2737**
<[link removed]>Stop
the Invasion Act

This bill
<[link removed]>
would require the president to suspend the entry of noncitizens when the
average number of encounters exceeds a limit.

Sponsored by Rep. Andrew Ogles (R-Tennessee) (15
<[link removed]>
cosponsors - 15 Republicans, 0 Democrats)

04/20/2023 Introduced in the House by Rep. Andrew Ogles

04/20/2023 Referred to the House Committee on the Judiciary

**H.R. 2738**
<[link removed]>To
amend section 235(b)(2)(C) of the Immigration and Nationality Act to
require the implementation of the Migrant Protection Protocols

Sponsored by Rep. Roger Williams (R-Texas) (1
<[link removed]>
cosponsor - 1 Republican, 0 Democrats)

04/20/2023 Introduced in the House by Rep. Roger Williams 

04/20/2023 Referred to the House Committee on the Judiciary

**H.R.2758**
<[link removed]>To
amend the Immigration and Nationality Act to make the exception for
returning workers permanent

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

04/20/2023 Introduced in the House by Rep. Clay Higgins

04/20/2023 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will be in session from Tuesday, April 25 through
Friday, April 28, 2023.

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

**Full Committee Markup of H.R. 1690 and H.R. 589**
<[link removed]>

**Date:**Wednesday, April 26 at 10:30 a.m. EST (House Foreign Affairs
Committee)

**Location:** U.S. Capitol, HVC-210, Washington, D.C.

**Legislation: **

**H.R. 1690**
<[link removed]>

**,** To authorize the Secretary of State to negotiate regional
immigration agreements, and for other purposes.

**H.R. 589**
<[link removed]>

**,** To impose sanctions on the Supreme Leader of Iran and the
President of Iran and their respective offices for human rights abuses
and support for terrorism.

**China in Our Backyard: How Chinese Money Laundering Organizations
Enrich the Cartels**
<[link removed]>

**Date:**Wednesday, April 26 at 2:00 p.m. EST (House Committee on
Oversight and Accountability)

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

**Witnesses:**TBA

**Examining the Effects of Increased Migration on Communities Along the
Southern Border**
<[link removed]>

**Date:**Wednesday, April 26 at 2:30 p.m. EST (Senate Committee on
Homeland Security and Governmental Affairs)

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

**Witnesses: **

**Douglas Nicholls,**Mayor, City of Yuma

**Clea McCaa II,** Mayor, City of Sierra Vista

**Francisco García,** Deputy Administrator and Chief Medical Officer,
Pima County

**Kevin Hearod,** Chief, McAlester Police Department

**The Biden Border Crisis: Exploitation of Unaccompanied Alien
Children**
<[link removed]>

**Date:**Wednesday, April 26 at 3:00 p.m. EST (House Judiciary
Committee)

**Location:** 2141 Rayburn House Office Building, Washington, D.C.

**Witnesses:**TBA

**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 ****

**Lawmakers Propose Competing Visions on Border Security, Immigration
Reform Ahead of Title 42's Planned End**On April 19, a restrictive
immigration bill
<[link removed]>was
reported favorably out of the House Judiciary Committee after a near
party-line vote that followed hours of tense debate late into the
night. 

The proposed legislation combines a number of immigration-related
priorities for the House majority, including severely limiting asylum,
curtailing parole and other humanitarian protections, ramping up
detention, and cracking down on people who overstay their visas. 

But even as lawmakers discussed and eventually advanced the bill
- likely for consideration
<[link removed]>
on the House floor in coming weeks - their more moderate Republican
colleagues
<[link removed]>
warned that the legislation still has "a long way to go before it hits
prime time." 

"As an immigrant myself, I will never support anything that doesn't
allow for valid asylum claims," Rep. Carlos A. Gimenez (R-Florida) said.
"That's what America is all about."

During the committee markup Wednesday, Judiciary Republicans did agree
to remove an especially polemical provision that could have suspended
the entry of migrants into the United States, largely choking off access
to asylum. But even with that amendment, the bill would still
significantly impede asylum seekers' ability to pursue protection
claims. And other controversial proposals
<[link removed]>also
remain, like a section of the bill that would restrict the executive's
parole powers and another that would mandate employers to verify their
workers' immigration statuses. 

Meanwhile, Sen. Bob Menendez (D-New Jersey) released an alternative
framework
<[link removed]>
on Tuesday
<[link removed]>
to respond to large-scale migration at the southern border as part of a
regional diaspora. His plan focuses on four "pillars:" creating and
expanding legal immigration pathways, increasing resources at the
border, expanding assistance and financing for migrants across the
hemisphere, and countering transnational crime around human trafficking
and smuggling. 

Amid decades of congressional inaction on immigration, Menendez's
proposal
<[link removed]>
details a response to the current situation at the southern border and
beyond that relies heavily on the Biden administration - not lawmakers
- to make changes.  

"I do believe that there are a series of executive actions the
administration can take that would more effectively and humanely deal
with our challenges," Menendez told the New York Times. 

These competing visions of how to address emergent immigration policy
and border security concerns come even as the federal government
prepares for the planned end next month of the Title 42 policy, which
has functioned as an enforcement tool allowing officials to quickly
expel migrants without the chance to claim asylum for years now. 

On Tuesday, three House Democrats wrote
<[link removed]>
to Homeland Security Secretary Alejandro Mayorkas acknowledging a
potential increase in asylum seekers arriving at the southern border
once the Title 42 public health order expires. The lawmakers expressed a
desire
<[link removed]>
to work with the Department of Homeland Security (DHS) to ensure
officials can "expeditiously and humanely process and care for these
individuals." They applauded DHS for expanding legal pathways and
encouraged more efforts to do so, while also urging the department to
provide adequate housing for migrants in custody, quickly process
people, and keep building partnerships with NGOs.

Separately, Mayorkas said Thursday
<[link removed]>
that the administration would have more to share next week on how it's
preparing for Title 42's expected end at the southern border, including
through the addition of more detention beds. 

**Report: Biden Administration Missed or Ignored Signs of Mass Child
Labor Exploitation **On April 17, the New York Times published a
follow-up
<[link removed]>
to its February exposé
<[link removed]>
on migrant child labor, focusing on the many signs and flags of mass
exploitation that the Biden administration missed or chose to ignore. 

Earlier this year, the Times published an investigation into widespread
migrant child labor and exploitation, suggesting the Department of
Health and Human Services (HHS) had been derelict in its responsibility
to vet sponsors and protect children from trafficking. 

Now, in this week's dispatch, a shelter staff member who vetted
sponsors and a senior careerist at HHS explained how they had been
inexplicably pushed out of their roles after blowing the whistle that
children might be at risk. 

"I feel like short of protesting in the streets, I did everything I
could to warn them," said Jallyn Sualog, who resigned from her position
at HHS after raising concerns about potential migrant child
exploitation. "They just didn't want to hear it."

Others from outside the government also tried to sound the alarms. Matt
Haygood, senior director of children's services at the U.S. Committee
for Refugees and Immigrants, sent an email to HHS officials expressing a
fear of potential trafficking in the Chicago metro area. He expected
that his message would result in greater safeguards for children
released there. Instead, HHS decided not to act - despite an HHS
staff member acknowledging that many of the cases in that area, Little
Village, had been marked as suspicious. 

HHS officials said that their legal responsibility for unaccompanied
kids ends upon release, they cannot control what happens next, and
workplace monitoring is the job of the Department of Labor. 

The Labor Department, meanwhile, said it's not a welfare agency,
although staffers have started focusing more on child labor and are
sharing information with HHS.

On April 18, lawmakers held a House Oversight hearing
<[link removed]>
regarding the Office of Refugee Resettlement's unaccompanied migrant
children program. ORR Director Robin Dunn Marcos said that her office
had recently signed an agreement with the Labor Department to provide
coordinated information sharing and pause the placements of children in
areas that had been flagged. 

**Irregular Migrant Crossings Up 25% in March at the Southern
Border **On April 17, U.S. Customs and Border Protection published data
<[link removed]>
showing irregular border crossings up by 25%
<[link removed]>
in March - an increase the agency attributed to seasonal migration
trends during warmer temperatures. 

U.S. Border Patrol agents documented just over 162,000 migrant
encounters between ports of entry at the U.S.'s southwest border in
March, compared with around 130,000 the month before. Despite this
uptick, those numbers represent a year-over-year decline - there were
more than 211,000 encounters in March 2022 and nearly 170,000 in March
2021. 

If processing at ports of entry is also included, a final tally of
191,900 migrant encounters took place last month across the southwest
border. Single adults represented the bulk of them, but family
encounters were disproportionately up 38% compared to February. 

Meanwhile, encounters among Haitians, Cubans, Nicaraguans, and
Venezuelans crossing unlawfully have remained relatively low since the
Biden administration announced its new parole programs, which allowed
over 27,000 people from those four countries to reach the U.S. in
March. 

Nearly 23,000 people also received exceptions to the Title 42 policy
through the CBP One phone app last month, and the agency said it had
administered a number of improvements and software updates to address
reported technical difficulties with that process. 

**No Plans for Family Immigration Detention to Return 'At This
Time' **On April 18, Immigration and Customs Enforcement Acting
Director Tae Johnson told lawmakers
<[link removed]>
at a budget hearing that the Biden administration had no plan to restart
family immigration detention "at this time." 

Instead, amid an anticipated increase in migration at the southern
border, Johnson said that ICE would use alternatives to detention and is
considering a program similar to house arrest. 

As the Title 42 public health order is set to end in May, officials have
reportedly been mulling a return to family detention as a deterrence
mechanism, causing widespread outcry from immigration advocates and some
Democratic legislators. 

After Johnson's comments,the Washington Post reported
<[link removed]>
on Thursday that Mayorkas still wouldn't rule out the possibility of
bringing back family detention. 

**Haitians Applying for Asylum in Mexico, Instead of Continuing on to
the U.S. **Haitians are on pace to file
<[link removed]>
a new record number of asylum claims in Mexico this year, as some of
them set aside dreams of reaching the United States amid more
restrictive border policies here. 

But this large number of migrants staying in Mexico is putting
significant pressure on the country's existing services - and as the
Forum
<[link removed]>
recently explained, Mexico's asylum system is already backlogged and
overwhelmed. 

These increases in humanitarian applications for Mexico underscore how
the situation at the U.S.'s southern border is part of a larger
regional diaspora across the Western Hemisphere. Yet another sign of
this phenomenon: more than 87,000 people
<[link removed]>
have traveled across the treacherous Darién Gap between South and
Central America during the first three months of 2023 - a staggering
number that reflects just how many individuals and families are
migrating north in search of refuge or a better life. 

Among those making the trek through the Darién Gap so far this year
have been nearly 4,000 Chinese migrants, who are traveling through Latin
America to the U.S. in order to pursue freedoms and opportunities not
available back home, the Wall Street Journal reported on Sunday.
<[link removed]>

**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 give
brief summaries of new immigration-related reports, with links to the
resources themselves in case you want to learn more. 

**Office of Inspector General (OIG);****Evaluation of DHS' Information
Security Program for Fiscal Year 2022**
<[link removed]>

**; April 17, 2023**This report assesses whether the Department of
Homeland Security's information security program was effective in fiscal
year 2022. It identifies six deficiencies and makes one recommendation
for improvement. 

**U.S. Government Accountability Office (GAO);****Southwest Border: DHS
Coordinates with and Funds Nonprofits Serving Noncitizens**
<[link removed]>

**; April 19, 2023**This report examines how the Department of Homeland
Security coordinates with nonprofits when it releases noncitizens. It
also explores how funding from the Federal Emergency Management Agency
has been provided to nonprofits that serve noncitizens.

**U.S. Government Accountability Office (GAO);****DHS Annual Assessment:
Major Acquisition Programs Are Generally Meeting Goals, but
Cybersecurity Policy Needs Clarification**
<[link removed]>

**; April 20, 2023**This report reviews a number of Department of
Homeland Security acquisition programs.

**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 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). 

**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.

**Mexico's Asylum System: Good in Theory, Insufficient in Practice**
<[link removed]>This
paper details Mexico's asylum system - its progress and deficiencies
- amid the Biden administration's proposed rule that would push
migrants to apply for asylum elsewhere, including in Mexico.

* * * *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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