Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, June
16, 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, June 16, 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:

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

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

LEGISLATIVE FLOOR CALENDAR <#legislative-floor-calendar>

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

GOVERNMENT REPORTS <#government-reports>

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

**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 ****

**'Movilidad Segura' Offices Underway in Central, South America**On
June 12, the initial phase of "Oficinas de Movilidad Segura" (Offices of
Safe Mobility) throughout the Western Hemisphere launched first in
Guatemala
<[link removed]>
and Costa Rica
<[link removed]>,
with plans to expand to Colombia early next week
<[link removed]>. 

The Biden administration has touted these regional processing centers as
a way for migrants and asylum seekers to learn about and be screened for
pathways to the United States and elsewhere, without having to rely on
smugglers
<[link removed]>
to reach the U.S.-Mexico border. 

So far, each country's offices appear to have different parameters and
criteria for participation. In Guatemala, Nicaraguans, Salvadorans,
Guatemalans, and Hondurans can fill out an online application
<[link removed].>
to potentially receive an appointment. 

Meanwhile, for the offices in Costa Rica, only Nicaraguans and
Venezuelans who were already in-country and registered with the United
Nations High Commissioner for Refugees before June 12 may qualify for
now <[link removed]>. And, once the
initiative debuts in Colombia on June 19
<[link removed]>,
officials will reportedly
<[link removed]>
"work to direct migrants from Haiti, Cuba, and Venezuela toward lawful
pathways."

Already, the Biden administration has said it plans to
<[link removed]>eventually
open around 100 of these centers throughout the region. But while the
offices have been portrayed as a means of ultimately reaching the U.S.
through processing closer to home, the landing page for Guatemala's
iteration makes clear <[link removed]> that
they "do not provide work or other visas to the United States" - only
"information about potential pathways."

**Biden Administration Extends TPS for El Salvador, Honduras, Nepal, and
Nicaragua**On June 13, the Biden administrationsaid
<[link removed]>
it was rescinding Trump-era terminations of Temporary Protected Status
(TPS) for El Salvador, Honduras, Nepal, and Nicaragua and extending
those nationalities' protections for another 18 months. 

The news precedes
<[link removed]>
- and likely preempts - an upcoming hearing in a federal court case
challenging the prior terminations, and it provides much-needed relief
for around 337,000 current TPS holders
<[link removed]>. 

But the Department of Homeland Security (DHS)'s announcement falls
short of redesignating the four countries for TPS, which could have
allowed far more Salvadorans, Hondurans, Nepalis, and Nicaraguans
already living in the U.S. to apply for deportation protections and work
permits. 

TPS is a temporary benefit to prevent noncitizens from being returned to
countries affected by armed conflict, natural disasters, or other
extraordinary and temporary circumstances that would make repatriation
dangerous. It does not offer an explicit pathway to lawful permanent
residency or U.S. citizenship. 

CBS News reported
<[link removed]>
that top administration officials have spoken out against expanding who
qualifies for TPS, out of fear that immigrant-friendly policy changes
- even ones that only affect those already here - might act as a
magnet for migration at the southern border. 

"Re-designating these countries for TPS would have provided additional,
deserving families with much-needed protections that are on solid legal
ground and would have been more than justified by the on-the-ground
realities in these specific countries. So it concerns me that this
decision may have been driven in part by political calculations instead
of sound policy rationale and the conditions in each country," Sen. Bob
Menendez (D-New Jersey) said in a statement
<[link removed]>. 

"Expanding and strengthening the TPS program is not just a humanitarian
act. TPS holders contribute billions of dollars to the American economy
each year and help mitigate the root causes of irregular migration to
the United States by providing financial support to their families back
home. Going forward, I urge the Biden administration to more
aggressively leverage its executive authority on TPS to help address
some of the long-standing challenges of our immigration system."

**DHS Announces Streamlined Two-Year Parole Renewal Process for
Afghans**

** **On June 8, the Department of Homeland Security (DHS) announced a
new, fee-exempt process
<[link removed]>
for forcibly displaced Afghans to renew their parole for another two
years, so they can stay and work in the United States legally while they
await a more permanent solution. 

"DHS is proud to have led Operation Allies Welcome and we are committed
to supporting our Afghan allies as they continue to settle into their
communities across the country," Homeland Security Secretary Alejandro
Mayorkas saidin a statement
<[link removed]>.

Amid the Taliban takeover <[link removed]>
of Afghanistan in August 2021, the Biden administration evacuated
vulnerable and terrified Afghan allies, many of whom had previously
supported the U.S. government and feared persecution. But when these
Afghans arrived in the U.S., they received two years of parole - a
temporary protection for urgent humanitarian reasons or significant
public benefit - instead of a more long-term legal pathway such as
refugee status. 

Now, advocates and the administration are calling on Congress to pass an
adjustment act for Afghan parolees, to provide a pathway to citizenship.
But federal officials are also urging Afghans to pursue existing
alternatives like asylum or a Special Immigrant Visa (SIV) in order to
eventually secure lawful permanent residency in the U.S. 

Under this new policy from DHS, Afghans who already applied for asylum
or adjustment of status to lawful permanent residency before their
initial parole expired do not need to affirmatively apply for re-parole.
DHS will consider their cases for an extension of parole and continued
employment authorization.

**Biden Selects New Border Patrol Chief **On June 9, the Biden
administration announced that Jason Owens - who currently leads the
Border Patrol's Del Rio, Texas sector - will replace retiring Border
Patrol Chief Raul Ortiz. 

"Chief Owens is a talented, selfless, and inspiring leader who is
dedicated to the Border Patrol's law enforcement mission, the men and
women who fulfill it, and the country that we all serve," Homeland
Security Secretary Alejandro Mayorkas said in a statement
<[link removed]>. 

"I am inspired by his commitment to the mission, and am grateful to him
for his continued service in this new leadership role."

Owens has served with U.S. Customs and Border Protection (CBP) for over
two decades, with various assignments
<[link removed]>
in regions along both the southern and northern borders. 

**CBP One Appointments No Longer Available in Laredo**The Biden
administration has stopped
<[link removed]>
offering appointments to enter the U.S. through CBP One
<[link removed]> at a border
crossing in Laredo, Texas, whose sister city in Mexico - Nuevo Laredo
- has garnered a reputation for migrant kidnappings and extortion.

Mobile appointments are now a critical part of border processing
following the end of the Title 42 public health order. But in recent
weeks, Mexican immigration authorities in Nuevo Laredo have reportedly
<[link removed]>
been confiscating migrants' travel documents - including proof of
CBP One appointments - and demanding payment to release them. 

Since Title 42's expiration, migrant crossings are down at the
U.S.'s southern border. The Biden administration has publicly touted
<[link removed]>
this decline as a policy success, though some officials remain concerned
that the dynamic situation could once again bring increased numbers of
people migrating
<[link removed]>
- and soon. 

Meanwhile, back in Mexico, shelters are far over capacity
<[link removed]>
and struggling to make room for all of the people who are now trying for
CBP One appointments, even as the recent suspension of the app's use
in Laredo gestures at the potential dangers migrants confront while
waiting abroad. 

****Legal****

**Lawsuit Alleges Labor Trafficking of Migrants at Michigan Blueberry
Farm **On June 9, two migrant farm workers from Mexico filed a lawsuit
in federal court against a Michigan blueberry farm. The complaint
alleges labor trafficking violations, including being forced to work
long hours without breaks, lack of adequate compensation, and
substandard
<[link removed]>
living conditions. 

In the lawsuit, filed in the U.S. district court for the western
district of Michigan, plaintiffs Feliciano Velasco Rojas and Luis Guzman
Rojas say
<[link removed]>
they worked 12-hour days on the farm. They describe being forced to pay
weekly for deficient housing, where dozens of individuals lived in an
unfurnished three-bedroom, two-bathroom house and many of them had to
sleep on the floor. 

Guzman and Velasco, along with 30 other migrant workers, entered the
U.S. legally with H-2A temporary agricultural visas to work at a North
Carolina farm in 2017. But they and the other workers were allegedly
<[link removed]>awakened
in the middle of the night by a First Pick Farms employee, Antonio
Sanchez, telling them they were going to be transported to Michigan. The
migrant workers were then photographed and rounded up to board vans.
They were charged $25 each per refueling stops during their travel, and
they were given false identification for their work on the blueberry
farm. Each worker was charged approximately $110 for these documents. 

According to Gonzalo Peralta, staff attorney at Michigan Immigrant
Rights Center, the new positions violated
<[link removed]>
their legal status, as seasonal agriculture work visas are tied to
specific employers and First Pick Farms did not have proper H-2A work
permissions.

"They were told that immigration would be called on them if they voiced
any issues about what was happening," Peralta said
<[link removed]>. 

"No employee should be made to work under threat from their employer,"
he added
<[link removed]>.
"Particularly those individuals who are not from the United States and
may be threatened for immigration consequences that are not their fault.
They're the victims in all this." 

****State and Local ****

**Texas Announces Buoy Barriers to Block Migrants From Crossing the Rio
Grande **On June 8, Texas Gov. Greg Abbott announced
<[link removed].>
state authorities will begin to deploy chains of specially designed
buoys, creating a 1,000-foot floating barrier down the Rio Grande to
deter migrants from crossing unlawfully. 

This news follows a bill signing ceremony
<[link removed]>,
where Gov. Abbott greenlit six new laws regarding immigration and border
security, including legislation that gives greater authority to federal
agents to arrest and search migrants who are suspected of committing
crimes, authorization of drone usage for border surveillance, and
compensation to farmers whose land is damaged by migrants. 

According to mock-up images, Abbott's plan
<[link removed]>
is to place a chain of these four-foot-high, neon orange buoys in the
middle of the Rio Grande. Starting in July, the first string of the
buoys will be located near Eagle Pass, an area now known for migrant
crossings. 

The project is expected to cost nearly $1 million, as indicated by Steve
McCraw, director of the Texas Department of Public Safety. Abbott said,
"We can put mile after mile of these buoys." 

However, such a plan could have detrimental effects on Texas-Mexico
relations. On Twitter
<[link removed]>,
American Immigration Council Policy Director Aaron Reichlin-Melnick
warned that, due to the flow of the river, the border line may shift
from day to day and the buoys could potentially end up on Mexican
territory, raising questions of state sovereignty. 

Meanwhile, the U.S. International Boundary and Water Commission (IBWC),
which works with Mexico to regulate activity along the Rio Grande, said
the announcement caught them by "surprise
<[link removed]>."
Frank Fisher, spokesperson for the IBWC, said
<[link removed]>
that his organization is "studying what Texas is proposing." 

The floating barriers join other enforcement-focused practices by the
Texas government, like the deployment of National Guard members and
state police to the border, as well as the spreading of concertina wire
along the banks of the Rio Grande. Even so, border management and
enforcement fall within the jurisdiction and responsibility of the
federal government.

**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. This list includes federal legislative
proposals that have recently been introduced and that are relevant to
immigration policy. 

Please follow this link
<[link removed]>
to find new relevant bills, as well as proposed legislation from past
weeks. 

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will be in session from Tuesday, June 20 through Friday,
June 23, 2023. 

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

**Res. 461 - Condemning the use of elementary and secondary school
facilities to provide shelter for aliens who are not admitted to the
United States** <[link removed]>

**Date:**Tuesday, June 20 at 3:00 p.m. EST (House Rules Committee)

**Location:**H-313, Capitol, Washington, D.C.

**Countering Threats Posed by Nation-State Actors in Latin America to
U.S. Homeland Security**
<[link removed]>

**Date:**Wednesday, June 21 at 10:00 a.m. EST (House Homeland Security
Committee)

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

**Witnesses:**TBA

**Examining U.S. and Global Commitments to Combatting Human
Trafficking**
<[link removed]>

**Date:**Thursday, June 22 at 10:30 a.m. EST (Senate Foreign Relations
Committee)

**Location:**419 Dirksen Senate Office Building, Washington, D.C.

**Witnesses: **

**The Honorable Cynthia Dyer,**Ambassador-at-Large, Office to Monitor
and Combat Human Trafficking, United States Department of State

**Johnny Walsh,** Deputy Assistant Administrator for Democracy, Human
Rights, and Governance, United States Agency for International
Development

**Hearings to Examine Rescuing Ukrainian Children and Women from
Russia's Agression [SIC]**
<[link removed]>

**Date:**Thursday, June 22 at 2:00 p.m. EST (U.S. Helsinki Commission)

**Location:**106 Dirksen Senate Office Building, Washington, D.C.

**Witnesses:**TBA

**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);****Immigration 101: Executive
Branch Agencies Involved with Immigration**
<[link removed]>

**; Published June 7, 2023**This report provides a brief overview of the
agencies involved in U.S. immigration services and enforcement, and the
roles they play. 

**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: 

**Asylum Seeker Work Authorization Act of 2023: Bill Summary**
<[link removed]>This
bill summary details provisions in the Asylum Seeker Work Authorization
Act, including key differences between the House and Senate versions. 

**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 DIGNITY Act: Bill Summary**
<[link removed]>This
bill summary provides an overview of a bipartisan bill introduced by
Rep. María Elvira Salazar (R-Florida), which couples heightened border
security measures with legal pathways. 

* * * *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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