Legislative Bulletin

 

 

Hello y'all,

The National Immigration Forum's Legislative Bulletin for Thursday,
August 24, 2023, is now posted.

You can find the online version of the bulletin
here: [link removed]'s weekly bulletin! Every Friday (or in this
case, Thursday), 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. 

A note: as Congress goes on recess, the bulletin is taking a little
breather, too. We'll be back on Friday, September 8.

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 ****

**Unauthorized Crossings Increase in July, Biden Administration Seeks
Supplemental Border Funding **On August 10, the Biden administration
asked Congress
<[link removed]'s southern border have ticked upward after reaching a more
than two-year low
<[link removed]' migration assistance programs, child labor investigations,
and immigration judge teams, Roll Call reported
<[link removed]"further fuel detention and enforcement-oriented
programs at the border while leaving processing and humanitarian
programs starved for funds."

One of the most controversial provisions would reportedly allow the
Biden administration to house migrant families in facilities where they
could come and go during the day but would need to stay at night as they
underwent a fast-track asylum and removal process, according to Axios
<[link removed]'s
statistics by around 27%.
<[link removed]'s CBP One phone app,
representing the lion's share
<[link removed]'s parole processes
for those four countries, all of which have been implemented in the last
year. 

U.S. officials contend these programs - which require potential
beneficiaries to find a U.S.-based sponsor willing to financially
support them - have "significantly reduced irregular migration and
denied smugglers the opportunity to exploit" would-be migrants, some of
whom can now fly commercially to the U.S. instead of traveling by land
to the border. But a lawsuit brought by 21 Republican-leaning states is
challenging the legality of the successful new pathways in a federal
district court in Texas this week
<[link removed]'s brutality, a photo published
<[link removed]"Conditions in the Darién Gap are dire. Many people, including
children, arrive in Panama traumatized, injured, due to the lethal
nature of the terrain and the high rates of extortion and sexual
violence they experience along the way," said Marta Youth, principal
deputy assistant secretary of the State Department's Bureau of
Population, Refugees, and Migration. 

The U.S. government has collaborated with regional partners in an effort
to forcefully deter migration through the Darién in recent months, by
supporting the deployment of around 3,880 security forces and over
271,000 pounds of equipment, the Miami Herald reported
<[link removed]'s (DHS) Office for Civil Rights
and Civil Liberties - a trove of documents that NPR won access to
through the courts. 

Many of ICE's facilities are run by for-profit private prison companies,
such as GEO Group and CoreCivic, which have long been plagued by
allegations of abuse. 

The inspection reports speak for themselves: 

"The medical devices used to look into the ears and eyes (Otoscope and
Ophthalmoscope) were dusty and grimy," an inspector wrote of the West
Texas Detention Facility, "... and a dead roach was also found on the
counter."

"One detainee was found to be human immunodeficiency virus (HIV)
positive but was not told about the diagnosis. Other examples include
detainees who were found to be hypothyroid or diabetic who did not
receive care or received inadequate care," an inspector wrote about the
Aurora ICE Processing Center, which has an average current daily
population of 671. "Any of these findings alone can be considered an
'Immediate Jeopardy' according to the Center[s] for Medicare &
Medicaid Services (CMS) and can lead to the closure of large health
systems."

"Examples of mistreatment include a Sergeant entering the female unit
and greeting the female detainees by yelling, 'Hello a**holes and
[derogatory expletive],'" an inspector wrote of Orange County Jail.
"Both male and female detainees reported that staff yell at them as a
normal course of business and make racist comments. One staff even sings
'ICE, ICE Baby' when working in the unit. Multiple staff make
comments such as, if detainees do not like the treatment, they should
not have come to our country."

A White House spokesperson noted
<[link removed]"these reports concern conditions in the prior Administration" and
said in a statement that "President Biden continues to support moving
away from the use of private detention facilities in the immigration
detention system."

But Eunice Cho, senior staff attorney for the American Civil Liberties
Union's (ACLU) National Prison Project, said that "if anything,
conditions have probably gotten worse" in recent years. 

By the end of the Trump administration in January 2020, a whopping 81%
of people in ICE detention were in facilities owned or operated by
private prison corporations, according to the ACLU
<[link removed]"Immigration detention is not punishment. Immigration detention is
supposed to serve no other purpose than to ensure a person appears in
immigration court and can be deported if necessary," Emma Winger, a
staff attorney with the American Immigration Council, wrote in a recent
column. 
<[link removed]"It should never, under any circumstances, be a place of widespread
abuse and medical neglect. Where the vast majority of immigrants
<[link removed]"

**Biden Administration Expands Temporary Protection for Ukraine and
Sudan, Updates Family Reunification Parole Processes for Cubans and
Haitians**On August 18, the Biden administration announced extensions
and redesignations of Temporary Protected Status (TPS) for people from
Ukraine <[link removed]> and Sudan
<[link removed]"It would be unconscionable to deport someone back to Sudan or Ukraine
at this time and against our interests as a country, so this is the
right decision to make," said Vanessa Cárdenas, executive director of
America's Voice
<[link removed]"This action can also be a model for how to proceed in protecting
long-term immigrants who are deeply rooted in American communities."

While immigration advocates generally welcomed the expansion of TPS for
both nations, some underscored what they saw as the Biden
administration's disparate treatment toward people fleeing similarly
egregious violence and instability elsewhere. 

"President Biden's steps to prevent Ukrainians from coming to the
border, shielding them from deportation, and giving them timely work
authorization, is a powerful example of what more could be done right
now for other populations including Venezuelans, Nicaraguans [and]
Mauritanians," said Andrea Flores
<[link removed]'re outside the U.S., even if they're not physically present in
their home countries. Federal officials also expanded eligibility for
Haitians by nixing a previous cutoff date. 

"This modernization of the family reunification parole processes
improves our ability to maintain the integrity of our vetting and
screening standards, responds to important feedback from stakeholders in
both the Cuban and Haitian communities, and ensures meaningful access
- consistent with our values - for potential beneficiaries," DHS
Secretary Alejandro N. Mayorkas said in a statement. 

**GOP Presidential Candidates Endorse Aggressive Border Policies, Use of
Lethal Force at First Primary Debate**On August 23, eight candidates
took the stage in Milwaukee for the first Republican primary debate
<[link removed]'s frontrunner <[link removed]> given
the former president and candidate Donald Trump's notable absence -
said he would send troops <[link removed]> to the southern border and deploy
special forces to Mexico
<[link removed]"on day one." 

"When these drug pushers are bringing fentanyl across the border, that
is going to be the last thing they do. We are going to use force and
leave them stone-cold dead," DeSantis said. 

Notably, fentanyl is generally being smuggled to the U.S. from Mexico
through official border crossings, usually by people legally allowed to
travel across (many of whom are U.S. citizens). "Virtually none is
seized from migrants seeking asylum," according to NPR. 
<[link removed]"lethal force would be needed to protect the border," while Sen.
Tim Scott promised to complete a border wall. 

Former New Jersey Gov. Chris Christie advocated for a move toward
universal detention of people who enter the U.S. without authorization,
although he struck a friendlier tone on legal immigration, lauding "so
many wonderful people from around the world who are waiting in line
following the law to try to come here and pursue the American dream." 

Before the debate, the National Immigration Forum's CEO, Jennie Murray,
noted that despite tough words from GOP politicians in recent years,
many of the current Republican presidential candidates "have previously
led on constructive immigration solutions."

"By a 2-to-1 margin, Americans across the political spectrum would
prefer a candidate who proposes border and immigration solutions over
one who proposes harsh penalties on immigrant families and workers and
speaks of migrants as a threat," Murray wrote on LinkedIn
<[link removed]"So in the presidential primary debates, we'll be looking for
leadership from the candidates once again. And we know the majority of
American voters, who support sensible and humane immigration solutions,
will be doing the very same."

Although Trump skipped the debate, Axios
<[link removed]"Marxists," expanding on
his "Muslim ban" concept to restrict entry for certain nationalities,
trying to end birthright citizenship for undocumented immigrants' kids,
and extending Texas's potentially unlawful river barriers, among other
policies. 

****Legal ****

**Lawsuit Challenges Widespread 'Turnbacks' of Asylum Seekers at U.S.
Ports of Entry **On July 27, the Center for Gender and Refugee Studies
<[link removed]'s use of "turnbacks" to block asylum seekers without CBP
One appointments from accessing protection at U.S. ports of entry - a
policy that attorneys say <[link removed]> contradicts domestic law, the
government's own guidance, international obligations, and people's due
process rights. 

With the Biden administration increasingly relying on the federal
government's smartphone app, CBP One, to process migrants at the
U.S.-Mexico border, those challenging the "turnback" policy in Al Otro
Lado and Haitian Bridge Alliance v. Mayorkas contend that asylum seekers
who are unable to secure an appointment virtually but still present at a
port of entry are being unlawfully sent away by U.S. border officials.
Plaintiffs include individual asylum seekers as well as the
pro-immigrant nonprofits Al Otro Lado and Haitian Bridge Alliance. 

These "turnbacks" strand vulnerable populations in dangerous parts of
Mexico, where they often face further threats, violence, persecution, or
even death. In April, a family was turned away
<[link removed]"Refugees do not have the luxury of waiting on a CBP One appointment to
save their lives, because many of them are being hunted all the way to
the border. CBP's refusal to process refugees who do not have a CBP One
appointment will only push them to cross through the desert, where many
of them will die, or will keep them trapped in Mexico, where many of
them will also die," Nicole Ramos, Al Otro Lado's Border Rights
Project director, said in a statement
<[link removed]"These deaths could be avoided by CBP following federal law and its own
binding agency guidance, instead of externalizing its obligation to
process refugees at the port of entry to a glitchy smartphone app that
works only half of the time, and cannot be accessed by large swaths of
the refugee community."

For months, immigration advocates have criticized the app
<[link removed]"People are scraping together whatever money they have to buy
smartphones, all for an app that does not work," Angelo Guisado, an
attorney with the Center for Constitutional Rights, told The Guardian
<[link removed]"turnback" policy while the case proceeds, so that all
those who presented at a port of entry would have their asylum claims
processed regardless of whether they had already secured a CBP One
appointment. 

****State and Local ****

**3-Year-Old Migrant Child Dies During Texas Gov. Abbott's Busing
Scheme **On August 10, a 3-year-old migrant child
<[link removed]'s (R) migrant
busing scheme - the first announced fatality
<[link removed]'s inception last year. 

Jismary was traveling through southern Illinois when she seemingly
suffered cardiac arrest, according to the Associated Press
<[link removed]'s funeral took place
<[link removed]"Every loss of life is a tragedy," the Texas Division of Emergency
Management - which Abbott has directed
<[link removed]'s border communities. Abbott has said
<[link removed]"will continue busing migrants to sanctuary cities until
Biden does his job & secures the border," despite widespread
condemnation of the busing program as a crass political stunt. 

"You can't use the migrants as political pawns. You still got to be
accountable to taking care of them, especially if you're transporting
kids," said Rep. Henry Cuellar (D-Texas). 

On Monday night, a bus of 37 migrants
<[link removed]'s Union Station, even as California braced for Tropical Storm
Hilary's torrential rain, road damage
<[link removed]"It is evil to endanger the lives of vulnerable migrants by sending a
bus with families and toddlers on board to a city that at the time was
under an unprecedented tropical storm warning," Los Angeles Mayor Karen
Bass said in a statement
<[link removed]"As I stood with state and local leaders warning Angelenos to stay safe
and brace themselves for the worst of the coming storm, the Governor of
Texas sent families and toddlers straight for us on a path through
extreme weather conditions.

"This is a despicable act beyond politics."

Texas's government is also under fire for its roughly 1,000-foot
saw-blade-riddled, floating barrier near Eagle Pass that's meant to
block migrants from crossing the Rio Grande. A federal judge in Austin
considered the Biden administration's lawsuit challenging the buoys'
legality during a hearing on Tuesday, where a U.S. State Department
official testified that the aggressive border enforcement tactic was
causing high-level diplomatic issues with Mexico. 

A recent survey found
<[link removed]"abundance of caution," although a consultant
for the group that installed the buoys could not clarify how they had
been able to drift into Mexican territory in the first place, despite
their vast network of anchors. 

"An issue like this distracts from the binational agenda," said Hillary
Quam, the U.S.-Mexico border coordinator for the U.S. State Department.
"Our concern is that Mexico will not be a willing partner on other
issues."

With closing arguments due Friday, U.S. District Judge David A. Ezra has
promised a decision as soon as possible.

Meanwhile, in southwest Texas, humanitarian water barrels
<[link removed]"This better have not been malicious," Ruben Garza, an investigator,
told NBC News, "if we could have saved a life here."

**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]'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 Options for
Immigration Parolees** <[link removed]'s special parole initiatives that have welcomed more than
350,000 people since 2021. It also explores potential temporary and
permanent mechanisms through which parolees may be able to remain in the
United States.

**Department of Homeland Security Office of Inspector General
(OIG);****USCIS Has Generally Met Statutory Requirements to Adjudicate
Asylum Applications from Paroled Afghan Evacuees**
<[link removed]