Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Thursday,
August 10, 2023, is now posted. We will publish our next bulletin on
Thursday, August 24, 2023.

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

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Thursday, August 10, 2023**BILLS INTRODUCED AND
CONSIDERED <#bills-introduced-and-considered>

LEGISLATIVE FLOOR CALENDAR <#legislative-floor-calendar>

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

THEMES IN WASHINGTON THIS WEEK <#Themes-In-Washington-This-week>

GOVERNMENT REPORTS <#government-reports>

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

**BILLS INTRODUCED AND CONSIDERED**

S. 2632
<[link removed]>

**A bill to improve visa processing times**

Sponsored by Senator Amy Klobuchar (D-Minnesota) (1
<[link removed]>
cosponsor-1 Republican, 0 Democrats)

07/27/2023 Introduced in the Senate by Senator Klobuchar

07/27/2023 Referred to the Senate Committee on the Judiciary

S. 2705
<[link removed]>

**State Executive Authority for Seasonal Occupations Needing Additional
Labor (SEASONAL) Act**

The bill would enable governors to petition the federal government for
supplemental H-2B visas beyond the national cap of 66,000. Governors
would have to certify that there is a persistent, unmet need for labor
in their states and that supplemental H-2B visas will not displace
domestic workers or negatively affect average wages in the state.

Sponsored by Senator Jon Thune (R-South Dakota) (3
<[link removed]>
cosponsors-1 Republican, 2 Democrats)

07/27/2023 Introduced in the Senate by Senator Thune

07/27/2023 Referred to the Senate Committee on the Judiciary

S. 2711
<[link removed]>

**A bill to provide immigration status for certain battered spouses and
children**

Sponsored by Senator Amy Klobuchar (D-Minnesota) (2
<[link removed]>
cosponsors- 2 Democrats, 0 Republicans)

07/27/2023 Introduced in the Senate by Senator Klobuchar

07/27/2023 Referred to the Senate Committee on the Judiciary

H.R. 5127
<[link removed]>

**To reduce appointment wait times for certain nonimmigrant visas known
as visitor visas**

Sponsored by Representative Maria Elvira Salazar (R-Florida) (24
<[link removed]>
cosponsors-17 Democrats, 7 Republicans)

08/01/2023 Introduced in the House by Representative Salazar

08/01/2023 Referred to the House Committee on the Judiciary

H.R. 5145
<[link removed]>

**Working for Immigrant Safety and Empowerment (WISE) Act**

The bill would ensure that immigrants have access to protections
included in the Violence Against Women Act (VAWA), the Trafficking
Victim Protection Act (TVPA), and other federal and state laws. The bill
would also ensure survivors pursuing relief are not detained or deported
before their applications are fully adjudicated.

Sponsored by Representative Pramila Jayapal (R-Florida) (23
<[link removed]>
cosponsors-23 Democrats, 0 Republicans)

08/04/2023 Introduced in the House by Representative Jayapal

08/04/2023 Referred to the House Committees on Ways and Means,
Agriculture, Education and the Workforce, Energy and Commerce, Financial
Services, and the Judiciary

H.R. 5166
<[link removed]>

**To amend section 287 of the Immigration and Nationality Act to limit
immigration enforcement actions at sensitive locations, to clarify the
powers of immigration officers at sensitive locations**

Sponsored by Representative Adriano Espaillat (D-New York) (13
<[link removed]>
cosponsors-13 Democrats, 0 Republicans)

08/08/2023 Introduced in the House by Representative Salazar

08/08/2023 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**

The U.S. Senate is on recess and will not be back in session until
September 5.

The U.S. House of Representatives is on recess and will not be back in
session until September 12.

**UPCOMING HEARINGS AND MARKUPS**

There are no hearings scheduled for the next two weeks.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Migrant Encounters at Southern Border Increase Over 30% in
July****On August 1, the Washington Post reported
<[link removed]>
that border patrol encounters with migrants in July increased over 30%,
according to preliminary data obtained from U.S. Customs and Border
Protection. According to the report, more than 130,000 migrants were
apprehended along the U.S.-Mexico border last month, up from 99,545 in
June.

In addition, according to preliminary data obtained by NBC News, the
number of migrant families <[link removed]>
with children crossing the U.S.-Mexico border has nearly tripled in the
past two months.

The number of July encounters, however, remained below last year's
statistics when border patrol agents apprehended almost 200,000
<[link removed]>
migrants in July 2022.

Nevertheless, the uptick in July encounters is atypical for a month when
due to high temperatures, crossings tend to decrease. Notably, the
uptick in crossings was most pronounced in southern Arizona, where
temperatures often reach 110 degrees. The 40,000
<[link removed]>
apprehensions made in the Tucson Sector marked the highest one-month
total in 15 years.

****US Resettles 6,468 Refugees in July Marking Fifth Consecutive Month
Of Resettling Over 6,000 Refugees****The U.S. resettled 6,468 refugees
<[link removed]> in July. This is the
fifth month in a row that the U.S. has resettled more than 6,000
refugees.

Ten months into fiscal year 2023, the U.S. has resettled 45,123
refugees. It is possible the U.S. could resettle over 60,000 refugees in
FY 2023 as historically the last month or two of the fiscal year have
seen the highest number of refugee arrivals. This would represent a
major improvement
<[link removed].>
in arrivals compared to Fiscal Years 2020, 2021 and 2022, when the U.S.
only resettled, 11,840, 11,400, and 25,000 refugees, respectively.

However, to meet the annual refugee ceiling of 125,000 the U.S. would
need to resettle 10,416 refugees every month for twelve consecutive
months. The refugee pipeline needs to be enhanced to achieve over 10,000
refugee arrivals per month.

****Biden Administration Announces Plan to Welcome Refugees From Cuba,
Haiti, Nicaragua, and Venezuela Waiting in Mexico****On July 28, the
Biden administration announced
<[link removed]>
its commitment to accept refugee resettlement referrals from qualified
individuals from Cuba, Haiti, Nicaragua, and Venezuela already in
Mexico.

The announcement came after weeks of negotiations
<[link removed]>
between the Mexican and American governments to expand access to safe,
orderly, legal migration pathways.

The Biden administration did not provide additional details about the
requirements or numbers of migrants expected to benefit from the
announcement. The program, however, marks the first time
<[link removed]>
the U.S. will be conducting refugee processing in Mexico on a large
scale.

****Biden Administration Expands Curfew Program as an Alternative to
Detention****On August 3, U.S. Immigration and Customs Enforcement
announced
<[link removed]>
the expansion of a home-confinement-and-curfew pilot program as an
alternative to the use of immigrant detention centers.

The program requires
<[link removed]>
enrollees to remain in their homes from 11:00 pm until 5:00 am, with
exceptions for night job schedules or extraordinary circumstances. Under
this program, immigrants are subject to stricter monitoring than other
alternative-to-detention (ATD) programs such as ankle bracelets and
other traceable devices.

The program, which was operating in only four cities, grew to 13
locations. The additions are Boston, Providence, Rhode Island, San
Diego, San Francisco, San Jose, New Orleans, and Houston. The number of
cities is expected to reach 40 by the end of September.

****Immigrant-Origin Students Make Up 31% of US Colleges****A recent
report
<[link removed]>
from the American Immigration Council and the Presidents' Alliance on
Higher Education and Immigration highlighted that 408,000 undocumented
students are enrolled in U.S. colleges and universities, comprising 1.9
percent of all college students in the country. The report notes that
this estimate represents a 4.2% decrease from 2019, when 427,000
undocumented students were enrolled.

Notably, the report also estimates that immigrant-origin students make
up 31%
<[link removed]>
of all U.S. students in higher education at both public and private
institutions. The report defines immigrant-origin students as first
generation by being born abroad to non-citizen parents and second
generation by being born in the U.S. with at least one immigrant parent.

****Legal****

****Ninth Circuit Allows Biden Administration's Asylum Restrictions to
Remain in Place****On August 3, the Ninth U.S. Circuit Court of Appeals
ruled
<[link removed]>
2-1 to stay a July 25 court ruling
<[link removed]>
that ordered the Biden administration to stop implementing the
"Circumvention of Lawful Pathways
<[link removed]>"
rule.

The controversial 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 their way here.

But these few exceptions for migrants to access the U.S.'s asylum system
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 right to seek asylum.

The two judges, who voted to allow the asylum policy to temporarily
proceed, did not explain their reasoning, referring only briefly to the
court's standards for stays pending appeal. The dissenting judge, on the
other hand, argued
<[link removed]>
that the rule in question looks like the Trump administration's Port of
Entry Rule and Transit Rule "got together, had a baby, and then dolled
it up in a stylish modern outfit, complete with a phone app."

****State and Local****

****Texas Troopers Revive Controversial Separation of Migrant Families
at the Border****On August 1, a Houston Chronicle report highlighted
<[link removed]>
that officials from the Texas Department of Public Safety (DPS) have
been detaining migrant fathers for minor trespassing charges in recent
weeks, separating families.

The situation recalls the "zero tolerance" policy under the Trump
administration. The zero tolerance policy - which was met with
widespread criticism from members of Congress, faith groups, and the
general public - resulted in the deliberate separation
<[link removed]> of
at least 5,569 migrant children from their parents between 2017 and
2018, impacting over 1,500 families.

A DPS spokesman acknowledged that fathers traveling with their families
had been arrested and highlighted as "a key difference from the Trump
policy" that mothers have not been separated from their children. A
previous DPS policy directed that families with minor children be kept
together, and referred to U.S. Border Patrol.

The trespassing charges - not designed to arrest people for
immigration purposes - are possible due to the collaboration between
landowners along the Texas-Mexico border and DPS officials. According to
a USA Today report
<[link removed]>,
DPS has signed over 134 agreements - known as Criminal Trespassing
affidavits - to allow Texas troopers to arrest immigrants on private,
city, or state property.

However, many of these signatories have started to rescind those
agreements. For instance, on August 1, the Eagle Pass City Council voted
unanimously to rescind
<[link removed]>
an affidavit that allowed DPS troopers to enforce criminal trespass laws
at Shelby Park - a city-owned park - along the Rio Grande.

****Illinois Allows Some Noncitizens to Serve as Police Officers****On
August 4, Governor J.B. Pritzker (D-Illinois) signed the Illinois House
Bill 3751
<[link removed]>,
allowing certain noncitizens to apply for police officer jobs. The
authorization, however, is limited
<[link removed]>
to foreign nationals legally authorized to both work and carry a firearm
in the country.

When signing the bill into law, Governor Pritzker noted
<[link removed]>
that some noncitizens authorized to work in the U.S. can already serve
in the military, making law enforcement work a natural extension.
Illinois became the third state, along with California and Colorado, to
allow
<[link removed]>
noncitizens to serve as police officers.

**GOVERNMENT REPORTS**

**Department of Homeland Security's Office of Inspector General
(DHS-OIG);****Results of an Unannounced Inspection of ICE's Stewart
Detention Center in Lumpkin, Georgia**
<[link removed]>

**; July 27, 2023**This DHS-OIG report highlights that the Stewart
Detention Center does not meet all the standards for special management
units, custody classification, grievances, staff-detainee communication,
and medical care, compromising the health, safety, and rights of
detainees.

**Congressional Research Service (CRS);****Temporary Protected Status
and Deferred Enforced Departure**
<[link removed]>

**; July 28, 2023**This CRS report explains the elements and provisions
of Temporary Protected Status (TPS) and Deferred Enforcement Departure
(DED). TPS and DED are two forms of relief from removal for nationals of
countries experiencing civil unrest, violence, or natural disasters.

**Congressional Research Service (CRS);****Immigration Judge Hiring and
Projected Impact on the Immigration Courts Backlog**
<[link removed]>

**;**

**July 28, 2023**This CRS report provides an overview of the caseloads
and case completions of the Department of Justice's Executive Office for
Immigration Review (EOIR). It also provides projections of the impact of
different immigration judges hiring scenarios on the pending-cases
backlog over the next 10 fiscal years.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**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.

**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 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.

* * *

*This Bulletin is not intended to be comprehensive. Please contact
Arturo Castellanos-Canales, Policy and Advocacy Manager at the National
Immigration Forum, with comments and suggestions of additional items to
be included. Arturo can be reached [email protected].
Thank you.

 

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