Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, July
28, 2023, is now posted.

You can find the online version of the bulletin
here: [link removed]
<[link removed]>

All the best,

Alexandra 

**LEGISLATIVE BULLETIN - Friday, July 28, 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>

A note: as Congress goes on recess, the bulletin is taking a little
breather, too. We'll be back on Thursday, August 10, and again on
Thursday, August 24.

**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. 

****Legal ****

**Judge Rules Against Biden Administration's Asylum Restrictions **On
July 25, a federal judge ruled that the "Circumvention of Lawful
Pathways
<[link removed]>"
rule -  the Biden administration's controversial post-Title 42
asylum restrictions at the southern border - is "both substantively
and procedurally invalid
<[link removed]>." 

United States District Judge Jon S. Tigar from the Northern District of
California granted a motion for summary judgment blocking the
immigration policy, implemented in May. But he stayed his order to
vacate the rule for 14 days, while the federal government appeals
<[link removed]>
to the Ninth Circuit in an effort to keep the restrictions in place. 

The "Circumvention of Lawful Pathways" rule renders migrants ineligible
for asylum at the U.S.-Mexico border unless they can meet limited
exceptions, such as pre-scheduling an appointment via an official
government app to enter the U.S. at a port of entry, or applying for and
being denied protection elsewhere on the way here. 

But these few exceptions for migrants to still access the U.S.'s
asylum system despite the new rule often carry significant barriers
<[link removed]> and risks
<[link removed]> that
for many will prove difficult if not impossible to overcome, undermining
their long-established legal rights to seek asylum. 

"The Court concludes that the Rule is contrary to law because it
presumes ineligible for asylum noncitizens who enter between ports of
entry, using a manner of entry that Congress expressly intended should
not affect access to asylum," Tigar wrote in his decision. 

"The Rule is also contrary to law because it presumes ineligible for
asylum noncitizens who fail to apply for protection in a transit
country, despite Congress's clear intent that such a factor should
only limit access to asylum where the transit country actually presents
a safe option."

In addition, Tigar concluded that the federal regulation is arbitrary
and capricious for multiple reasons, including migrants' unwontedly
narrow access to exceptions to its presumption of asylum ineligibility.

Despite the ruling, federal spokespeople
<[link removed]>
have said that they remain sure of the "Circumvention of Lawful
Pathways" rule's legality, and that operationally, it is still "in
full effect" regardless of any misinformation that may spread to
migrants. 

"It does not limit our ability to deliver consequences for unlawful
entry," Homeland Security Secretary Alejandro Mayorkas said
<[link removed]>.
"Do not believe the lies of smugglers."

**Justice Department Sues Texas Over Floating Barriers in Rio
Grande  **On July 24,
<[link removed]>
the Justice Department filed a lawsuit against Texas and Texas Gov. Greg
Abbott (R) to challenge the state's use of large floating barriers in
the Rio Grande as a deterrent to keep migrants from crossing over into
the U.S. irregularly. 

At issue
<[link removed]>
is whether Abbott violated federal law with his string of bright orange
buoys, which the Justice Department alleges he installed without first
receiving a necessary permit from the U.S. Army Corps of Engineers. 

The lawsuit portrays the floating barriers as "an unauthorized
obstruction to the navigable capacity of waters of the United States,"
according to CNN
<[link removed]>. 

"We allege that Texas has flouted federal law by installing a barrier in
the Rio Grande without obtaining the required federal authorization,"
Associate Attorney General Vanita Gupta said in a statement
<[link removed]>. 

"This floating barrier poses threats to navigation and public safety and
presents humanitarian concerns. Additionally, the presence of the
floating barrier has prompted diplomatic protests by Mexico and risks
damaging US foreign policy."

Last week, the Justice Department had notified
<[link removed]>
Texas of its intent to sue over the barriers unless the state removed
them proactively. Abbott responded
<[link removed]>
Monday with a letter to President Joe Biden, reiterating his intent to
assert Texas's "sovereign interest
<[link removed]>"at
its border and accusing Biden of "open-border policies." 

"Texas will see you in court, Mr. President," Abbott wrote. 

Amid this aggressive strategy at the border, Texas also continues
<[link removed]>
to send buses of migrants to Los Angeles, with the fifth bus since June
14 arriving downtown last Saturday. Migrant passengers are reportedly
<[link removed]>
from nations all over the world, including Brazil, Chile, China,
Colombia, Guatemala, Haiti, Honduras, and Venezuela. 

Los Angeles is working with its departments, the county, faith partners,
and nonprofits to respond.

"We do not want to play politics with people's lives," said the L.A.
Welcome Collective
<[link removed]>,
a group of faith and immigrant rights stakeholders. "We will strive to
do everything possible to maximize our limited resources until the
busing of migrants stops or until we as a nation find a way to fix and
improve a broken immigration system."

****Federal****

**Secretary Mayorkas Testifies for House Judiciary Committee**OnJuly 26
<[link removed]>,
Homeland Security Secretary Alejandro Mayorkas encountered fierce
opposition from House Republicans as they scrutinized the Biden
administration's immigration policies and accused him of neglecting
his duties to secure the southern border. 

Mayorkas testified for a hearing, conducted by the House Judiciary
Committee, that was in part standard oversight by Congress. But the
public-facing event
<[link removed]>
also gave some GOP members who have been pushing to impeach Mayorkas for
months a closely watched venue to advance that agenda. 

Mayorkas defended the Department of Homeland Security's (DHS)
approach, praising the work of its roughly 260,000 employees who have
faced serious operational and humanitarian challenges at the southern
border and nationwide. He argued that current strategies for managing
the borders securely and humanely within a flawed immigration system are
still effective. 

Meanwhile, a number of Republicans focused on the issue of fentanyl
coming into the U.S., accusing Mayorkas of complicity for the increasing
number of overdose deaths in American communities. 

"The fentanyl killing thousands of Americans every year is a direct
result of your dereliction. When people die of fentanyl poisoning, it is
your fault," said Rep. Ken Buck (R-Colorado). 

Mayorkas defended his department's success in blocking nearly10,000
pounds of fentanyl
<[link removed]>
from reaching the U.S. last year, resulting in over 280 arrests. 

Regardless, some appealed for impeachment. 

"Secretary Mayorkas, you must resign. Will you resign?" asked
<[link removed]>
Rep. Jeff Van Drew (R-New Jersey). 

Mayorkas responded in the negative. 

That "leaves us with no other option," Van Drew said. "You should be
impeached."

**USCIS Announces Unusual Second H-1B Lottery for FY 2023
Applications**On July 27, U.S. Citizenship and Immigration Services
(USCIS)announced
<[link removed]>
the agency will hold a second lottery for H-1B visas, which allows
high-skilled professionals from abroad to work in the United States.
USCISsaid
<[link removed]>
the second lottery - which will consider applicants rejected during
the first round -  was necessary to reach the congressionally
mandated85,000 H-1B visa cap
<[link removed]>,
including 65,000 for regular H-1B visas and 20,000 reserved for
applicants with an advanced U.S. degree.

The brief and unusual announcement - which did not mention the
remaining number of H-1B visas - generated speculation over the
reasons for a second lottery. Shortly after this year's H-1B lottery,
held in March, a report from the Wall Street Journalrevealed
<[link removed]>
that companies had colluded to cheat the system by entering the same
applicants multiple times in order to increase their prospective
hires' chances of winning a visa.

The H-1B program has maintained a limit of 85,000 visas per yearsince
2004
<[link removed]>,
despite the U.S. economy doubling in size since then. And USCIS data
show that over 75% of registrations would have been rejected due to the
low annual limit, even if those with duplicate registrations were
excluded from the lottery.

**Senate Passes NDAA, Afghan Adjustment Act Not Included**The U.S.
Senate passed its version
<[link removed]>
of the National Defense Authorization Act (NDAA) (S. 2226
<[link removed]>)
on July 27 by an 86 to 11 vote. The bill authorizes up to $886 billion
in military spending for fiscal year (FY) 2024.

 Senate Majority Leader Chuck Schumer (D-New York) locked in an
agreement to finish consideration of the bill before the August recess,
leading to the bill's passage without significant hurdles. The Senate
NDAA will need to be reconciled with the version passed
<[link removed]>
by the House on July 14, which includes a number of controversial
provisions. 

Several offices introduced immigration-related amendments to the Senate
NDAA, but none made it to the Senate floor for consideration this week.
For example, Sen. Amy Klobuchar (D-Minnesota) introduced an amendment to
include the **Afghan Adjustment Act** (AAA)
<[link removed]>,
a bill to provide stability and security for the U.S.'s Afghan allies,
including many of those evacuated during the Afghan withdrawal nearly
two years ago. The amendment was not brought up for a vote despite a
concerted effort to include it in the bill; however, a version of the
AAA could still be included
<[link removed]>
in the final NDAA through the conference process between the House and
the Senate later this year.

Other immigration-related amendments to the NDAA that did not receive a
vote include a bipartisan amendment
<[link removed]>
by Sen. Mike Rounds (R-South Dakota) to allow DACA recipients and other
Dreamers to enlist in the military.

**Child From Guatemala Dies in Poultry Plant Accident**On July 14, a
16-year-old boy
<[link removed]>
originally from Guatemala died in a workplace accident at a Mar-Jac
Poultry processing plant in Mississippi, around six years after his
family immigrated to the U.S.

Duvan Tomas Perez was cleaning one of the machines
<[link removed]>
at the Hattiesburg facility when he got trapped in it, the New York
Times reported. 

Another worker on shift heard the boy call out in distress, according to
NBC News. "Two times he began to scream, 'Help! Help!'" the worker
<[link removed]>
said.

"I knew he had died."

Because of the nature of poultry plants
<[link removed]>,
children under 18 are not legally permitted to work there. But while the
Mar-Jac plant admitted Duvan "should not have been hired," it said that
an "unprecedentedly tight labor market" had forced the poultry processor
to use staffing companies that were tasked in part with verifying work
qualifications. 

"It appears, at this point in the investigation, that this
individual's age and identity were misrepresented on the paperwork,"
Mar-Jac Poultrysaid
<[link removed]>.

Federal officials
<[link removed]>
at the Occupational Safety and Health Administration (OSHA) and the Wage
and Hour Division are investigating the death - one in a number
<[link removed]>
of relatively recent fatalities at the Mar-Jac plant. 

"Workers are put in these conditions that are truly deplorable,"
Immigrant Alliance for Justice and Equity (IAJE) spokesperson Jess
Manrriquez told NPR
<[link removed]>.
"We've been hearing from folks on the ground that there is a lot of
child labor that is happening at that poultry plant, so there's a lot
that needs to be investigated. But right now, we just want to help the
family through this process."

A family member remembered
<[link removed]>
Duvan as "generous, smiley and very fun."

The tragic incident follows a number
<[link removed]>
of high-profile
<[link removed]>
exposés detailing a deeply disturbing and dangerous underground economy
<[link removed]>
of migrant child labor exploitation across the U.S., and it coincides
<[link removed]>
with a general uptick in child labor violations over the last year.

**Report: Immigrants Suffer Pattern of Sexual Abuse in ICE Custody**On
July 21, Futuro Investigates
<[link removed]>
published a report detailing official records and testimonies that
reveal a concerning pattern of "detention officers, contractual guards,
and ICE employees [who] are accused of sexually assaulting the
individuals they are meant to protect."

The investigation analyzes 308 sexual assault and sexual abuse
complaints in U.S. Immigration and Customs Enforcement (ICE) facilities,
most of which
<[link removed]>
seemingly triggered no action. 

In one instance, a woman said that a guard who sexually assaulted her
told her she could "go free if she had something to do with him," but
otherwise she would be deported. Other survivors also said their
perpetrators threatened them with immigration consequences.

The report documents harrowing sexual assaults during what should have
been routine medical check-ups, gropings, and invasive pat-downs. 

**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 not be in session from Monday, July 31 to Friday,
August 4, 2023.

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

There are no hearings or markups relevant to immigration policy
announced for the week of Monday, July 31, 2023. 

**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. 

**Department of Homeland Security Office of Inspector General
(OIG);****ICE Should Improve Controls to Restrict Unauthorized Access to
Its Systems and Information**
<[link removed]>

**; Published July 19, 2023**This report finds that U.S. Immigration and
Customs Enforcement (ICE) "did not consistently implement effective
access controls to restrict access to its network and information
technology (IT) systems" - and that the agency did not implement
certain security settings despite known risks.

**Department of Homeland Security Office of Inspector General
(OIG);****DHS Components Did Not Always Adhere to Internal Control
Policies and Procedures for Ensuring That Bankcard Program Spending
Limits Are Established Based on Procurement Needs**
<[link removed]>

**; July 21, 2023**This report examines the Department of Homeland
Security's (DHS) adherence to current policies around Bankcard Program
spending limits and makes recommendations for better oversight.

**The U.S. Government Accountability Office (GAO);****DHS Should
Strengthen Use of Force Data Collection and Analysis**
<[link removed]>

**; Published July 24, 2023 **This report explores the Department of
Homeland Security's (DHS) use of force policies, highlighting DHS's lack
of a plan to analyze its own data around use of force. 

**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 of 2023**
<[link removed]>

**The Afghan Adjustment Act** (AAA) of 2023, S.2327
<[link removed]>/H.R.4627
<[link removed]>,
is a bipartisan 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.

**Explainer: The Replicability of the TN Visa to Tackle Labor
Shortages**
<[link removed]>This
explainer explores the history of the TN visa program and other similar
visa categories, highlights its potential to alleviate America's labor
deficit, and suggests creating similar visas for nationals of allied
countries of the United States.

**Bill Analysis: Protect Vulnerable Immigrant Youth Act**
<[link removed]>This
bill analysis details the Protect Vulnerable Immigrant Youth Act, which
would eliminate employment-based visa caps on abused, abandoned, and
neglected immigrant children, known as Special Immigrant Juveniles
(SIJ).

* * *

*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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