Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, July
7, 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, July 7, 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 ****

**Practical Dangers, Legal Barriers Affect Asylum Seekers at the
U.S.-Mexico Border ** On July 2, the Associated Press reported
<[link removed]>
that the Biden administration has largely failed in its promise to
guarantee access to counsel for asylum seekers going through expedited
initial screenings - called "credible fear" interviews - while still
in U.S. Customs and Border Protection (CBP) custody. 

In the first few months of this accelerated process, an estimated 100
asylum seekers have been able to formalize their representation, while
hundreds of others have taken part in informal one-time calls for legal
advice. 

Yet already, thousands of migrants have been put through these new
expedited screenings. And although exact numbers remain unclear, a large
fraction have seemingly struggled to contact attorneys in what can be as
short as a 24-hour window before they undergo a "credible fear"
interview with an asylum officer. 

Lawyers are receiving calls from possible clients on weekends or at
night, when they are unable to answer. If they miss a call, it's
challenging to get back in touch. At the same time, asylum seekers are
struggling to access basics such as a writing instrument and paper to
jot down notes. Even the steps that must be taken to formalize
representation can prove difficult, because migrants are being held at
Border Patrol facilities where lawyers are not allowed to visit and only
U.S. officials can obtain required physical signatures.

Amid these barriers and other new asylum restrictions
<[link removed]>,
the rate for positive "credible fear" determinations has plummeted
<[link removed]>in
recent weeks from 77% during the second half of March to 52% by the
second half of May, meaning that a far smaller percentage of people are
advancing to the next phase of their protection claims. Data specific to
single adults
<[link removed]>
have shown an even lower screen-in rate. Those who do not pass their
initial screenings face rapid deportation, with a five-year bar on
re-entry to the United States. 

And, even as migrants at the U.S.-Mexico border struggle to access
humanitarian protection, they are also enduring serious physical
dangers, with punishing heat blanketing the region in triple-digit
temperatures. 

Often, people are traversing the border without basics such as water,
food, and sun protection. Experts are concerned that more migrants may
also be taking perilous, remote routes to the U.S.  in order to avoid
heightened immigration consequences. 

"Now it's not all that uncommon to spend three, four, five days in the
desert," Daniel Martínez, an associate professor of sociology at the
University of Arizona, told NBC News
<[link removed]>.
"We caution policymakers and the media to keep in mind that while there
is a seasonality to migrant deaths in the summer months, it's only
part of the equation. It's also the policies put in place." 

Over the July 4 holiday weekend, four people
<[link removed]>
- including an infant - drowned in back-to-back incidents along the
Rio Grande in Eagle Pass, Texas. And, in Mexico, asylum seekers
<[link removed]>
waiting in encampments to reach the U.S. via the CBP One app are
enduring extreme heat and other threats, including lack of sanitation,
medical emergencies, and violent attacks such as rape.

**Biden Administration Considers Refugee Program for Non-Mexicans in
Mexico**On July 2, Reuters reported that the Biden administration
<[link removed]>
and Mexican officials are in discussions over whether to pursue a new
refugee program for non-Mexicans waiting in Mexico, so that those
eligible for refugee status could enter the U.S. with work
authorization, access to housing and employment assistance, and other
benefits that come with resettlement. 

If  implemented, the new program would designate refugees under the
"Priority 2" category, bypassing United Nations referrals for a more
direct funnel to the U.S. It would likely serve Cubans, Haitians,
Nicaraguans, and Venezuelans who were already in Mexico before June 6
and who met the criteria for refugee status, including a well-founded
fear of persecution based on race, religion, political opinion,
nationality, or membership in a particular social group. 

Successful applicants would be resettled in the U.S. and qualify to
become permanent residents after a year, with an eventual pathway to
citizenship. 

But Mexican officials have concerns. For example, even with a cutoff
date for who qualifies, the program could inadvertently encourage
migration into Mexico and increase the number of people waiting there,
straining the country's finite resources. 

Officials from both countries told Reuters that no plans had been
finalized yet, and the program's potential scope remains unclear. But
such an endeavor could give a much-needed boost to the Biden
administration's refugee resettlement numbers for Latin America and
the Caribbean, where so far heavily publicized commitments to accept far
more refugees from the region have been slow to materialize. 

Meanwhile, in Mexico
<[link removed]>,
U.S. officials continue to carry out "voluntary returns" for Cubans,
Haitians, Nicaraguans, and Venezuelans
<[link removed]>
who cross the U.S.-Mexico border, a punishment-reward approach that
gives asylum seekers two options, The Guardian reported Sunday
<[link removed]>.
Migrants can either "voluntarily" return to Mexico, with U.S.
officials' assurances of better odds at eventually qualifying for
parole and asylum if they re-enter the U.S. through appointments on the
government's official CBP One app. Or they can take their chances on
asylum petitions - now with tough new restrictions on eligibility -
while facing the threat of deportation and a five-year bar on re-entry
to the U.S. 

Many individuals have agreed to the voluntary return policy, but once
they reach Mexico, Mexican authorities fly them hundreds of miles from
the U.S.'s southern border, sometimes to areas outside of the reach
for CBP One's geofencing. Stranded, these migrants then struggle to
find their way back to the U.S.-Mexico border and secure one of the
limited number of daily CBP One appointments, so they can finally access
their right to seek asylum. 

**U.S. Resettles More Than 6,000 Refugees In Four Consecutive
Months**The U.S. resettled 6,844 refugees in June. This is the fourth
month in a row that the U.S. has resettled more than 6,000 refugees -
a promising sign for the U.S. refugee program. 

Nine months into fiscal year 2023, the U.S. has resettled 38,653
refugees out of President Joe Biden's annual determination
<[link removed]>of
125,000

**.** If officials were to resettle 6,844 refugees for the next three
months, the U.S. would welcome 59,185 refugees in fiscal year 2023 - a
major improvement over the past five years.

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 welcome
over 60,000 refugees for 2023, approaching half of the presidential
ceiling. 

****State and Local****

**Massachusetts Drivers Now Able to Access Licenses Regardless of
Immigration Status**On July 1, a new Massachusetts law
<[link removed]>
took effect allowing residents in the state to obtain driver's
licenses regardless of their immigration status. 

The law allows undocumented immigrants to apply for a Standard Class D
or M driver's license. Applicants must provide
<[link removed]> the
Registry of Motor Vehicles (RMV) with proof of identity and date of
birth, along with proof of residence in Massachusetts and social
security status, or in the alternative, an affidavit of no social
security number. In order to obtain a license, applicants must also pass
a learner's permit exam, vision screening, and road test. 

The Massachusetts governor at the time, Charlie Baker (R-MA), initially
vetoed the law, claiming it could threaten election security, among
other issues. However, both chambers of the state legislature voted to
override
<[link removed]>
the veto. 

Supporters of the law emphasize that the 18 other states and D.C.
<[link removed]>
that passed similar measures have experienced a decline in the number of
uninsured drivers and hit-and-run incidents on the road. This was a
major reason the legislation was endorsed
<[link removed]>
by over 60 state law enforcement officials.

In response to the new law, the RMV is expecting more than 100,000
<[link removed]>
applicants for driver's licenses. To adjust to this expected uptick,
the RMV is increasing their staff, adding road test operations to many
locations, extending operational hours at RMV service centers, and
opening two new temporary road test sites in the state. 

"The Work and Family Mobility Act is a benefit for public safety, for
our economy, and for our immigrant residents who should be able to drive
to work, school, or the grocery store without fear. We are grateful to
the advocates, legislators and public safety leaders who have worked so
hard to get us to this point," said
<[link removed]>
Gov. Maura Healey (D-Massachusetts). "We are excited to begin
implementing this new law, and the RMV has been working diligently to
ensure a smooth process for all eligible applicants." 

**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 will be in session from
Monday, July 10 through Friday, July 14, 2023. 

The U.S. House of Representatives will be in session from Tuesday, July
11 through Friday, July 14, 2023. 

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

**Protecting the U.S. Homeland: Fighting the Flow of Fentanyl from the
Southwest Border**
<[link removed]>

**Date:**Wednesday, July 12, 2023 at 2:00 p.m. EST (House Homeland
Security Committee)

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

**Witnesses:**TBA

**The Consequences of Criminal Aliens on U.S. Communities**
<[link removed]>

**Date:**Thursday, July 13, 2023 at 3:00 p.m. EST (House Judiciary
Committee)

**Location:**2141 Rayburn House 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. 

**U.S. Government Accountability Office (GAO);****Priority Open
Recommendations: Department of Homeland Security**
<[link removed]>

**; Published June 23, 2023**This letter provides an update on how the
Department of Homeland Security (DHS) has responded to GAO
recommendations, underscoring priorities that have not yet been
implemented.

**Department of Homeland Security Office of Inspector General
(OIG);****CBP Released a Migrant on a Terrorist Watchlist, and ICE Faced
Information Sharing Challenges Planning and Conducting the Arrest**
<[link removed]>

**;**

**Published June 28, 2023**This report details an incident where
ineffective practices around inconclusive terrorist watchlist matches
led U.S. Customs and Border Protection (CBP) to release a migrant on a
terrorist watchlist. The report also analyzes information-sharing
challenges experienced by U.S. Immigration and Customs Enforcement (ICE)
while arresting the migrant. 

**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: 

**Five Solutions to Reverse the Declining Popularity of the U.S. Among
International Students**
<[link removed]>This
paper delves into five policy solutions that would reverse declines in
U.S. popularity as a destination for international students and solidify
the leading position of the U.S. as a welcoming scholastic destination.

**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. 

**This World Refugee Day, Here's How Everyday Americans Can Help**
<[link removed]>This
blog post offers a general overview of the private sponsorship
opportunities for individuals and groups across the United States to
support refugees and others fleeing unlivable situations around the
world. 

* * *

*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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