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Legislative Bulletin
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Hello all,
The National Immigration Forum's Legislative Bulletin for Friday, June
9, 2023, is now posted.
You can find the online version of the bulletin
here:Â [link removed]
<[link removed]>
[link removed]
All the best,
ArturoÂ
**LEGISLATIVE BULLETIN - Friday, June 9, 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.
****DEVELOPMENTS IN IMMIGRATION POLICY 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****
******Mexican Asylum System Under Pressure Amid U.S. Border
Restrictions******On June 6, the Department of Homeland Security (DHS)
announced
<[link removed]>
that irregular migrant entries between official ports along the United
States' southwest border had dropped by more than 70%
<[link removed]>
since the end of the Title 42 public health order on May 11.
Yet across the border in Mexico, the U.S.'s newest migration-related
restrictions have been contributing to serious operational and
humanitarian challenges. Shelters are well over capacity, the Mexican
asylum system is under immense pressure, and people are suffering as
they try to parse confusion over how the U.S.'s byzantine and shifting
immigration rules could affect their futures.
At CAFEMIN, a shelter in Mexico City, over 500 migrants
<[link removed]>
have squeezed into a facility meant to hold a fifth of that number.
Other shelters in Mexico's capital and beyond are similarly struggling
to keep up with demand, with basic necessities
<[link removed]>
around food, water, and hygiene in short supply.
"The United States is transferring responsibility for people to Mexico,"
Melissa Vértiz from the nongovernmental Migration Policy Working Group
told NPR
<[link removed]>.
"But the Mexican government has only received people without necessarily
creating the conditions that allow them to stay."
Amid new limits
<[link removed]>
on asylum and tougher consequences for crossing without authorization at
the U.S.'s southern border, large numbers of migrants are now applying
for protection in Mexico, where officials expect a record
<[link removed]>
140,000 asylum applications this year.
But many other vulnerable people are only waiting in Mexico for an
opportunity to enter the U.S., and they're deeply frustrated by the U.S.
government's controversial CBP One phone application - a cornerstone
of the Biden administration's plan to redirect asylum seekers to ports
of entry with a pre-scheduled appointment.
Federal officials have announced major changes
<[link removed].>
to the app in hopes of improving access, and they've expanded
appointment availability
<[link removed]>
in recent days. Butasylum seekers
<[link removed]>
are still tired of waiting indefinitely in Mexico, where they're
targeted for crime <[link removed]> and
violence, and where they are struggling to find shelter.
Despite these warning signs from the U.S., Mexico has also decided
<[link removed]>
to debut its own processing app, called a "pre-registration system."
Through the app, which will reportedly be rolled out first in Mexico
City, asylum seekers can go online to express their intent to claim
protection.
"You shouldn't have to schedule an appointment when you're running for
your life," Kica Matos
<[link removed].>,
president of the National Immigration Law Center, told CNN
<[link removed]>.
"The CBP One app is a logistical and humanitarian failure that should
not be replicated by Mexico or any other country."
******U.S. Resettles Almost 7,000 Refugees in May******The United States
resettled <[link removed]> 6,975
refugees in May, a 9% increase over the 6,394 refugees resettled in
March - a promising sign for the U.S. refugee program.
Eight months into fiscal year 2023, the U.S. has resettled 31,797
refugees out of President Joe Biden's annual determination
<[link removed]>of
125,000. If officials were to resettle 6,975 refugees for the next four
months, the U.S. would welcome 59,697 refugees in fiscal year 2023 - a
major improvement over the past five years, but still far short of the
cap set by the Biden administration.
To achieve the goal of 125,000 refugees in fiscal year 2023, the U.S.
would now need to resettle 23,300 refugees every month for the next four
months. Historically the last month or two of the fiscal year sees the
highest number of refugee arrivals, so it is possible the U.S. could
resettle over 60,000 refugees in FY 2023 - nearly half of the
presidential ceiling.
******Tae Johnson Retiring From ICE at End of June******On June 5, Tae
Johnson, Acting U.S. Immigration and Customs Enforcement (ICE) Director,
announced he would retire at the end of the month.
Johnson has spent a career <[link removed]> spanning
over three decades
<[link removed]>
at ICE and its predecessor, the U.S. Immigration and Naturalization
Service (INS). In a statement, Homeland Security Secretary Alejandro
Mayorkas recognized Johnson for his service, crediting him with helping
to "transform the organizational culture of ICE by focusing its
resources on public safety and national security."
"I have personally benefited from his frank assessments, solid judgment,
and his deep expertise drawn from decades of experience," Mayorkas said.
Johnson's retirement announcement closely follows that of another
veteran immigration official now in leadership, U.S. Border Patrol
ChiefRaul Ortiz
<[link removed]>.
ICE has been without a permanent directorsince 2017
<[link removed]>.
President Joe Biden's nominee for the position, Harris County Sheriff Ed
Gonzalez, withdrew his candidacy
<[link removed]>
last year after lengthy delays around a Senate confirmation vote.
****State and Local****
******Florida Sends Two Charter Flights With Three Dozen Migrants From
Texas to California ******On June 5, Florida officials coordinated
<[link removed]>
two charter flights from El Paso, TX, to Sacramento, CA, transporting
three dozen migrants. Several reports noted the migrants were coerced
<[link removed]>
into boarding the flights with false promises of open jobs and a lack of
clarity about where they would be arriving.
A spokesperson for the Florida Division of Emergency Management
<[link removed]>
said that the migrants - most of whom were from Colombia or Venezuela
originally - gave both verbal and written consent for the transports.
But California officials said the noncitizens were in fact misled
<[link removed]>
by false promises of employment.
"It was a lie," California Attorney General Rob Bonta said
<[link removed]>.
"It was false. You can't consent based on deception." Bonta said earlier
this week that he is investigating
<[link removed]>
whether the migrants flown to Sacramento were part of a "scheme" and
signaled that his probe could result in "civil or criminal actions
against the state of Florida or any of its employees or officials, as
well as the private vendors that were hired by the state of Florida."
For his part, Governor Ron DeSantis (R-Florida) tried to justify
<[link removed]>
his administration's actions during a surprise appearance at Arizona's
southern border on Wednesday by blaming California and other sanctuary
jurisdictions for causing issues at the U.S.-Mexico border.
Meanwhile, back in Florida, migrant families are fleeing the state in
response to a recently-passed sweeping, anti-immigration bill
<[link removed]>.
Among other things, the new law criminalizes the transport of an
undocumented person into the state, including relatives and
acquaintances. It also includes a requirement that businesses with 25
employees or more utilize E-Verify-a program that tracks whether
individuals are legally authorized to work in the U.S., invalidates the
use of driver licenses issued by other states to undocumented
immigrants, and that hospitals collect information regarding immigration
status on their intake forms.
Now, facing the backlash of the new law and losing valuable migrant
workers amid a labor shortage
<[link removed]>,
Florida republicans spoke at an event in Hialeah to try to diminish
concerns regarding the impact of the law. GOP Republican Rick Roth
states
<[link removed]>,
"[t]his bill is 100 percent supposed to scare you, I'm a farmer and the
farmers are mad as hell. We are losing employees that are already
starting to move to Georgia and other states."
******New York City to Receive Over $104M in FEMA Funding******On June
7, the Federal Emergency Management Agency (FEMA) announced over $104
million dollars
<[link removed].>
for New York City to help provide shelter and services to asylum
seekers. Since last spring, over 72,000 migrants have passed through the
city, where more than 44,000 asylum-seekers are currently relying on
shelter services.
Amid these increased arrivals, New York City Mayor Eric Adams has called
on the federal government to provide additional resources to respond to
mounting pressures on the city's infrastructure. Adams and Governor
Kathy Hochul (D-New York) have also asked
<[link removed]>
to expedite the work permits of asylum seekers - who are forced to
wait over 150 days
<[link removed]>
before becoming eligible for employment authorization - to fill
critical labor shortages across
<[link removed]>
**the state**.
Meanwhile, a growing number of legal challenges are also compromising
New York City's ability to respond to the needs of asylum seekers there.
On May 9, ahead of an anticipated uptick in arrivals after the end of
the Title 42 public health order, Governor Hochul
<[link removed]>
declared a statewide emergency, granting New York City the authority to
move migrants outside its borders. But many counties in the state issued
executive orders blocking the movement of migrants into their
communities.
Over 30 counties in suburban and upstate New York have sued the city
over bussing asylum seekers
<[link removed]>
to their jurisdictions. These counties claim that housing migrants pose
a serious threat to public safety and have issued executive orders to
halt the movement of migrants there.
Now, Adams has responded to these lawsuits and executive orders with his
own court challenge, claiming that the counties are acting unlawfully.
Adams
<[link removed]>says
that his suit "aims to put an end to this xenophobic bigotry and ensure
our state acts as one as we work together to manage this humanitarian
crisis fairly and humanely."
****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 new bills here. This list includes federal legislative
proposals that have recently been introduced and that are relevant to
immigration policy.
S. 1822
<[link removed]>
**A bill to require U.S. Customs and Border Protection to expand the use
of non-intrusive inspection systems at land ports of entry**
Sponsored by Sen. Gary C. Peters (D-Michigan) (1 cosponsor - 1
Republican, 0 Democrats)
06/06/2023 Introduced in the Senate by Sen. Gary C. Peters
06/06/2023 Referred to the Senate Committee on Homeland Security and
Governmental Affairs
S. 1857
<[link removed]>
**A bill to statutorily establish Operation Stonegarden, through which
eligible law enforcement agencies shall be awarded grants for border
security enhancement**
Sponsored by Sen. Jon Tester (D-Montana) (1
<[link removed]>
cosponsor - 1 Republican, 0 Democrats)
06/07/2023 Introduced in the Senate by Sen. Jon Tester
06/07/2023 Referred to the Senate Committee the Judiciary
S. 1885
<[link removed]>
**A bill to eliminate employment-based visa caps on abused, abandoned,
and neglected children eligible for humanitarian status**
Sponsored by Sen. Catherine Cortez Masto (D-Nevada) (0
<[link removed]>
cosponsors)
06/08/2023 Introduced in the Senate by Sen. Cortez Masto
06/08/2023 Referred to the Senate Committee the Judiciary
S. 1887
<[link removed]>
**A bill to provide visa availability for the Government Employee
Immigrant Visa program**
Sponsored by Sen. Chris Van Hollen (D-Maryland) (1
<[link removed]>
cosponsor - 1 Republican, 0 Democrats)
06/08/2023 Introduced in the Senate by Sen. Van Hollen
06/08/2023 Referred to the Senate Committee the Judiciary
H.R. 3808
<[link removed]>
**To amend the Afghan Allies Protection Act of 2009 to authorize
additional special immigrant visas, to require a strategy for efficient
processing, and to establish designated senior special immigrant visa
coordinating officials**
Sponsored by Rep. Jason Crow (D-Colorado) (2
<[link removed]>
cosponsors - 1 Republican, 1 Democrat)
06/05/2023 Introduced in the House by Rep. Jason Crow
06/05/2023 Referred to the House Committee on the Judiciary
H.R. 3919
<[link removed]>
**To amend the Immigration and Nationality Act to limit the ability to
take into account the mental health of an applicant for asylum**
Sponsored by Rep. Troy Nehls (R-Texas) (4
<[link removed]>
cosponsors - 4 Republicans, 0 Democrats)
06/07/2023 Introduced in the House by Rep. Troy Nehls
06/07/2023 Referred to the House Committee on the Judiciary
H.R. 3920
<[link removed]>
**To direct the Secretary of Homeland Security to prioritize the removal
of certain aliens**
Sponsored by Rep. Troy Nehls (R-Texas) (4 cosponsors - 4 Republicans,
0 Democrats)
06/07/2023 Introduced in the House by Rep. Troy Nehls
06/07/2023 Referred to the House Committee on the Judiciary
H.R. 3929
<[link removed]>
**To amend title 40, United States Code, to include Wyoming County in
the region covered by the Northern Border Regional Commission**
Sponsored by Rep. Claudia Tenney (R-New York) (0
<[link removed]>
cosponsors)
06/07/2023 Introduced in the House by Rep. Claudia Tenney
06/07/2023 Referred to the House Committees on Transportation and
Infrastructure, and the Committee on Financial Services
****LEGISLATIVE FLOOR CALENDAR****The U.S. Senate will be in session
from Monday, June 12 through Friday, June 16, 2023.
The U.S. House of Representatives will be in session Monday, June 12
through Thursday, June 15, 2023.
****UPCOMING HEARINGS AND MARKUPS****Here, we round up congressional
hearings and markups happening in the field or in Washington.
**Examining the Policies and Priorities of the Department of Health and
Human Services**
<[link removed]>
**Date:**Tuesday, June 13 at 10:15 a.m. EST (House Committee on
Education and the Workforce)
**Location:**2175 Rayburn House Office Building, Washington, D.C.
**Witnesses:**
**The Honorable Xavier Becerra,**Secretary, U.S. Department of Health
and Human Services
**Ensuring the Safety and Well-Being of Unaccompanied Children**
<[link removed]>
**Date:**Wednesday, June 14, 2023 at 10:00 a.m. EST (Senate Committee on
the Judiciary)
**Location:**106 Dirksen Senate Office Building, Washington, D.C.
**Witnesses:**TBA
**Business Meeting**
<[link removed]>
**Date:**Wednesday, June 14, 2023 at 10:30 a.m. EST (Senate Homeland
Security and Governmental Affairs Committee)
**Location:**Senate Dirksen Building, SD-562, Washington, D.C.
**Bills:**S.1253, S.1444, S.1560, S.1798. S.1822, S.1835. S.61, S.820
****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.
**Congressional Research Service (CRS);****Department of Homeland
Security Appropriations: FY2023 Provisions**
<[link removed]>
**; June 2, 2023**This report analyzes substantive changes made to
administrative and general provisions in the Department of Homeland
Security Appropriations Act, 2023.
****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:
**Statement for the Record U.S. House Committee on the Judiciary Hearing
on "The Biden Border Crisis: Part III" - May 23, 2023**
<[link removed]>This
Statement for the Record explores the current situation at the
U.S.-Mexico border as a symptom of our country's larger broken
immigration system, with an eye toward solutions.
**Eliminating the Naturalization Backlog**
<[link removed]>This
report provides a general overview and analysis of USCIS naturalization
backlogs looking at historic trends, contributing factors, and staffing
levels, as well as examining USCIS's record on responding to past
backlogs. It concludes by providing proposals to make the processing of
naturalization applications more efficient and setting a goal to timely
reduce and eliminate the naturalization backlog.
**The Implications of the Biden Asylum Rule in Mexico, Costa Rica,
Colombia, and the Northern Triangle Nations**
<[link removed]>This
paper analyzes the implications of the Biden asylum rule in Mexico,
Costa Rica, Colombia, and the Northern Triangle nations. It highlights
that the asylum systems in these countries are already overstretched and
underfunded. We argue that these countries do not represent efficient,
functional, and viable alternatives for migrants to seek asylum.
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