Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, July
14, 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 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:

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 ****

**Bipartisan Group of Lawmakers Introduce Legislation Offering Path to
Permanent Status for Afghan Evacuees**On July 13, a bipartisan,
bicameral group of lawmakers announced
<[link removed]>
the reintroduction of the Afghan Adjustment Act
<[link removed]>,
a bill that would provide a path to permanent status to tens of
thousands of Afghans who were evacuated to the U.S. following the fall
of Kabul in August 2021. The bill also includes provisions to ensure
that eligible Afghan evacuees have been subject to rigorous vetting and
screening procedures, and it would improve and expand pathways to
protection for those left behind and at-risk in Afghanistan.

The bill wasintroduced
<[link removed]>
in the Senate by Sen. Amy Klobuchar (D-Minnesota), who was joined by
Sens. Lindsey Graham (R-South Carolina), Chris Coons (D-Delaware), Jerry
Moran (R-Kansas), Richard Blumenthal (D-Connecticut), Lisa Murkowski
(R-Alaska), Jeanne Shahin (D-New Hampshire), Roger Wicker
(R-Mississippi), Thomas Tillis (R-North Carolina), and Richard Durbin
(D-Illinois). An identical version
<[link removed]>
of the Afghan Adjustment Act was introduced in the House of
Representatives by Rep. Mariannette Miller-Meeks (R-Iowa), who was
joined by 23 cosponsors - 12 Democrats and 11 Republicans.

In the announcement, Sen. Klobuchar said
<[link removed]>
that the bill would "help provide Afghans who have sacrificed so much
for our country with the legal certainty they deserve as they rebuild
their lives." In addition, Sen. Graham stressed
<[link removed]>
that "it is imperative that America assist those Afghans who supported
our country and that fled the oppressive regime of the Taliban. We must
let the world know that we do not abandon those who aid America. This
bill works toward that goal while ensuring strong vetting to protect
America's own security."

**Biden Administration Debuts New Family Reunification Parole
Processes  for Central Americans, Colombians **On July 10, the Biden
administration launched new family reunification parole processes for
Central Americans and Colombians so that certain family members of
American citizens and lawful permanent residents can reunite with their
loved ones in the United States while they await their visas. 

The invitation-only processes are for Salvadorans, Guatemalans,
Colombians, and Hondurans outside of the U.S., who are the beneficiaries
of approved family-based initiator I-130 petitions to eventually receive
an immigrant visa. For some of these would-be immigrants, the wait times
for a visa are more than 15 years, threatening a prolonged separation
from their families. But now, those who are invited to participate in
the new programs could be considered on a case-by-case basis to travel
to the U.S. and reunite with their loved ones, long before a visa
becomes available.

According to the Department of Homeland Security (DHS),
approximately73,500
<[link removed]>people
from the four qualifying countries already have an approved Form I-130,
including around 32,600 Salvadorans
<[link removed]>,
17,400 Colombians
<[link removed]>,
12,800 Guatemalans
<[link removed]>,
and 10,700 Hondurans
<[link removed]>.
In an earlier announcement, the White House had pledged to accept up
to100,000 Central Americans
<[link removed]>
through the new parole processes, though the Biden administration has
made clear that not everyone eligible is expected to receive
invitations. 

The State Department
<[link removed]>
is planning to start sending out invitations within the next month to
petitioning American citizens and lawful permanent residents, who will
begin the process on behalf of their family members to seek advance
travel authorization and parole into the U.S. If approved, Colombians,
Salvadorans, Hondurans, and Guatemalans waiting abroad will receive up
to three years of parole, during which they can apply for employment
authorization to work legally in the U.S. Then, once their visas become
available, they will finally be able to pursue lawful permanent
residence. 

"These new processes promote family unity and provide lawful pathways
consistent with our laws and our values," Homeland Security Secretary
Alejandro N. Mayorkas said in a statement
<[link removed]>.
"The Department has proven that the expansion of safe, orderly, and
lawful pathways, combined with strong enforcement, is effective in
reducing dangerous, irregular migration to the United States."

**Welcome Corps Launches Expansion of Private Sponsorship Refugee
Resettlement to Colleges and Universities**On July 6, The Welcome Corps
announced
<[link removed]>
the launch of Welcome Corps on Campus, a new, first-of-its-kind
"targeted education sponsorship initiative" that allows U.S. colleges
and universities to resettle refugee students.

The initiative will operate under the broader Welcome Corps, a private
sponsorship program launched by the State Department in January 2023 so
that groups of private individuals could help to resettle refugees
admitted through the United States Refugee Admissions Program (USRAP). 

Currently, over 145 institutions and organizations
<[link removed]>
with relevant expertise have signaled their support for Welcome Corps on
Campus, through which refugee students will be able to enroll in degree
programs while campus private sponsor groups support their resettlement.
These groups may consist of faculty, students, and staff, who will
devise a plan to support the refugees throughout their college
careers.  

"Providing day-to-day supports will make a huge difference to the young
people we hope to welcome," said
<[link removed]>
Nele Feldmann, associate director of Welcome Corps on Campus at the
Community Sponsorship Hub. "There is such a sense of generosity in
communities that is under-deployed. This can become a natural part of
what colleges and universities in the U.S. do, providing life-changing
opportunities with on- and off-campus supports."

**U.S. Expands STEM Optional Practical Training to Include New Fields as
Immigrants Play Increasingly Essential Role in U.S. Workforce **On July
12, U.S. Immigration and Customs Enforcement (ICE) and the Department of
Homeland Security (DHS) published a notice
<[link removed]>
announcing that eight new fields of study would be added to the DHS Stem
Designated Degree Program List, which in turn is used to determine who
qualifies for a 24-month extension to their optional practical training
(OPT) in the U.S.

With the expansion of eligibility for science, technology, engineering,
and mathematics (STEM) OPT, more international students turned
professionals
<[link removed]>
will be able to work in the U.S., at least in the short term. The newly
recognized fields include landscape architecture; institutional
research; mechatronics, robotics, and automation engineering technology;
composite materials technology; linguistics and computer science;
developmental and adolescent psychology; geospatial intelligence; and
demography and population studies. 

Meanwhile, on July 6, the Los Angeles Times reported
<[link removed]>
that immigrant women in the U.S. are experiencing record levels of
employment, some of which is driven by the arrival of Ukrainians fleeing
war and violence at home.

These highly motivated workers are legally entering the country through
emergency programs, and their presence is helping to address labor
shortages in key industries such as hospitality and retail. According to
the Bureau of Labor Statistics, foreign-born workers over the age of 16
accounted for 64% of the nation's labor force growth in the past two
years, with women playing a significant role. 

The increase in Ukrainians living and working in the U.S. can be
attributed in part to the Biden administration's "Uniting for Ukraine"
initiative, while other similar humanitarian programs have allowed
people from Cuba, Nicaragua, Haiti, and Venezuela to reach the U.S.
through a safe, orderly process. Refugees and those entering under
parole programs are eligible for work permits, and they usually have
permission to stay in the U.S. for at least two years. 

Many of these newcomers possess college degrees, while others are
filling essential but lower-paying positions in restaurants, hotels, and
other sectors. The high number of job vacancies in these industries
along with the limited pool of available workers have made immigrants a
crucial part of the U.S. workforce, and some companies like Marriott
International have recognized their value by committing to hire
refugees. 

****Legal****

**Texas Plan to Use Buoy Barriers in the Rio Grande Faces Legal
Challenge **On July 7, Jesse F. Fuentes, the owner and operator of
Epi's Canoe and Kayak Team,filed a lawsuit
<[link removed]>
against Texas Gov. Greg Abbott (R), claiming that Abbott's plan to use
large orange buoys as a floating barrier in the Rio Grande to deter
irregular migration could negatively impact his business.  

Fuentes is seeking an injunction against the installation of the buoys,
arguing that they will threaten his livelihood and the well-being of the
Rio Grande. In response to Fuentes's lawsuit, Abbotttweeted,
<[link removed]> "We will
see you in court. And don't think Travis Co. Court will be the end of
it. This is going to the Supreme Court. Texas has a constitutional right
to secure our border." 

Meanwhile, Abbott has not stalled his plans to set up the floating
barriers, which also began on July 7. According to Chris Olivarez, a
spokesperson for the Texas Department of Public Safety, thebarriers
<[link removed]>
could take up to two weeks to set up, will likely cover 1,000 feet
(about the height of the Empire State Building), and will cost less than
$1 million. 
<[link removed]>

Already, in an effort to deter potential border crossings, Texas has
strungrazor wire
<[link removed]>along
the Rio Grande. But the wire is blocking Border Patrol agents from
reaching at-risk migrants, including families and unaccompanied
children, the Houston Chronicle reported on July 11. The spools of
thick, sharp wire - some of which has been placed in the river, where
it isn't even visible - increase the likelihood of drownings and
injuries, according to a U.S. Customs and Border Protection (CBP)
document. 

Rep. Joaquin Castro (D-Texas) said that Abbot has gone too far by
"interfering with Border Patrol's ability to do its job and save
people's lives." A number of border-related fatalities have already
been reported in Texas this month, including four people
<[link removed]>
- one of whom was an infant - who drowned in back-to-back incidents
along the Rio Grande in Eagle Pass over the July 4 holiday weekend.

**Fifth Circuit: Texas University Can Charge Out-of-Staters More Than
Undocumented Texans**On July 10, the Fifth Circuit Court of Appeals held
that the University of North Texas (UNT) may charge out-of-state U.S.
citizens higher tuition than undocumented students who live in Texas,
reversing the federal district court's decision.

The lawsuit began when the Texas Public Policy Foundation (TPPF) claimed
that a 2001 Texas law - which permits undocumented students who lived
in Texas for at least three years and graduated from a Texas high school
to pay in-state tuition - violated the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996. TPPF, on behalf of the Young
Conservatives of Texas at UNT, argued that out-of-state students should
not pay more than undocumented Texas students. As of 2022, the average
in-state cost of tuition at UNT was just below $12,000, and the average
out-of-state cost of tuition was about $24,000.  

The Fifth Circuit held that the lower court misinterpreted the 1996
federal law and that U.S. District Judge Sean Jordan abused
<[link removed]> his
discretion by relying on incorrect legal analysis when he barred UNT
from charging higher tuition to out-of-state students than to in-state
undocumented students.  

****State and Local****

**Texas, California Officials Call for DOJ Investigation into
Florida's Migrant Transport Scheme **On July 6, officials from Texas
and California sent a letter
<[link removed]>
to the United States Department of Justice (DOJ) calling for an
investigation into the Florida program that has transported beguiled
migrants from Texas to California and Massachusetts in recent months. 

The letter by Bexar County, Texas, Sheriff Javier Salazar, California
Gov. Gavin Newsom (D), and California Attorney General Rob Bonta details
how the migrants were lured under false pretenses, and it asks the DOJ
to investigate whether Florida's actions were unlawful. 

While local jurisdictions and non-governmental organizations will often
help to relocate migrants, the letter's authors contend that "[t]his
scheme is different: according to news reports, recruiters deceived
migrants into taking flights to these particular locations based on
promises of jobs and shelter."

Last year, Florida Gov. Ron DeSantis (R) flew
<[link removed]>
migrants from Texas to Martha's Vineyard under the promise of aid and
dropped them off on the island without coordinating with local
authorities. This prompted an investigation
<[link removed]>
from the Bexar County Sheriff's Department, which concluded that all
migrants on board had been led to believe that they would be provided
with housing, education and employment - none of which was accurate at
the time. Salazar referred
<[link removed]>
the case to the Bexar County District Attorney's Office.

Meanwhile, Bonta recently opened criminal and civil investigations into
two more recent flights
<[link removed]>
orchestrated by DeSantis's administration, where 36 people were
transported from Texas to Sacramento. 

 "It is unconscionable to use people as political props by persuading
them to travel to another state based on false or deceptive
representations," the officials wrote in the letter. "We urge USDOJ to
investigate potential violations of federal law by those involved in
this scheme. We stand ready to provide additional information about
these flights and look forward to working with the USDOJ on this
issue." 

**Oregon Expands Access to Medicaid-Like Program Regardless of
Immigration Status **On July 1
<[link removed]>,
Oregon expanded its free health insurance program to residents
regardless of their immigration status, building upon a Medicaid-type
program that was introduced last year for immigrants who did not qualify
for the Oregon Health Plan
<[link removed]>.

The expansion was made possible through a $460 million allocation
<[link removed]>
during the state's most recent legislative session. The Oregon Health
Authority has estimated that around 55,000 people will be covered
through the program, even as other states like Connecticut, Minnesota,
and Nevada have been actively debating whether to expand Medicaid to
undocumented immigrants. 

**Florida Gov. Ron DeSantis Targets Driver Licenses From Four
States **Florida has stopped accepting certain types of driver licenses
from a number of states as part of Gov. Ron DeSantis's (R) plan to
crack down on unauthorized immigration.  

Driver licenses from Connecticut, Delaware, Hawaii, and Vermont that are
marked as "drive only" or "limited purpose" - or are otherwise
differentiated, generally for specific immigrant populations - are now
invalid in Florida. News reports
<[link removed]>
had also said that some driver licenses from Rhode Island would be
included on the list, but theFlorida Highway Safety and Motor Vehicles
<[link removed]>
currently does not list Rhode Island documents as invalid on its
official website. 

Back in May, DeSantis signedSB 1718
<[link removed]>
into law, invalidating certain out-of-state licenses for immigrants,
creating harsher punishments for transporting undocumented individuals
into Florida, and requiring employers with 25 or more employees to use a
government program to verify their workers' legal status. Now, a
coalition
<[link removed]>
of immigrant rights advocates has filed a federal lawsuit against the
new law on behalf
<[link removed]>
of several individuals and the Florida Farmers Association, specifically
challenging its  transportation provisions
<[link removed]>.

**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
Tuesday, July 18 to Friday, July 21, 2023.

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

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

**H.R. 3941 - Schools Not Shelters Act**
<[link removed]>

**Date:**Monday, July 17, 2023 at 4:00 p.m. EST (House Rules Committee)

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

**Opening the Flood Gates: Biden's Broken Border Barrier**
<[link removed]>

**Date:**Tuesday, July 18, 2023 at 2:00 p.m. EST (House Homeland
Security Committee)

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

**Witnesses:**TBA 

**Why Expanding Medicaid to DACA Recipients Will Exacerbate the Border
Crisis**
<[link removed]>

**Date:**Tuesday, July 18, 2023 at 2:00 p.m. EST (House Oversight
Committee)

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

**Witnesses: **

**Dr. Ellen Montz,** Deputy Administrator and Director, Center for
Consumer Information and Insurance Oversight, Centers for Medicare and
Medicaid Service

**Business Meeting**
<[link removed]>

**Date:** Wednesday, July 19, 2023 at 9:30 a.m. EST (Senate Homeland
Security and Governmental Affairs)

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

**Related Items:** PN441
<[link removed]>, S.1253
<[link removed]>, S.1332
<[link removed]>, S.1444
<[link removed]>, S.1524
<[link removed]>, S.1973
<[link removed]>, S.2032
<[link removed]>, S.2248
<[link removed]>, S.2251
<[link removed]>

**Biden and Mayorkas' Open Border: Advancing Cartel Crime in America**
<[link removed]>

**Date:**Wednesday, July 19, 2023 at 2:00 p.m. EST (House Homeland
Security Committee)

**Location:**310 Cannon 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. 

There are no relevant reports this week.

**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: The Afghan Adjustment Act**
<[link removed]>The
bill - which got a bipartisan intro in the House and Senate this week
- would provide a path to permanence for Afghan evacuees (and some
others). The bill also establishes rigorous vetting and criminal
inadmissibility requirements to access this new path, and it includes
provisions that would improve and expand pathways to protection for
those left behind and at-risk in Afghanistan.

**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.

**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.

**Essential Workers for Economic Advancement Act: Bill Summary**
<[link removed]>This
bill summary details the Essential Workers for Economic Advancement Act
(H.R. 3734
<[link removed]>),
introduced by Rep. Lloyd Smucker (R-Pennsylvania) and co-sponsored by
Rep. Henry Cuellar (D-Texas). This bipartisan bill would create a new
"H-2C" nonimmigrant visa for individuals coming to the United States to
work in nonagricultural, less-skilled positions.

* * *

*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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