Legislative Bulletin

 

 

Hello y'all,

The National Immigration Forum's Legislative Bulletin for Friday,
September 22, 2023, is now posted.

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

All the best,

Alexandra 

**LEGISLATIVE BULLETIN - Friday, September 22, 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

BILLS INTRODUCED AND CONSIDERED

LEGISLATIVE FLOOR CALENDAR

UPCOMING HEARINGS AND MARKUPS

GOVERNMENT REPORTS

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****

**Biden Administration Expands TPS for Venezuelans, Afghans and
Expedites Work Permit Processing**On September 20, the Biden
administration announced

the extension and redesignation of Temporary Protected Status (TPS) for
Venezuela, permitting roughly 242,700 people to retain their work
authorizations and deportation protections while letting an estimated
472,000 more Venezuelans potentially apply.

Then, on September 21, The Department of Homeland Security (DHS)
similarly said

it was extending and redesignating TPS for Afghanistan - a move that
could allow roughly 3,100 Afghans to keep their temporary protections,
while opening up eligibility to around 14,600 more.

Venezuelans who arrived stateside by July 31 and Afghans who came by
September 20 may be eligible, but people en route now would not qualify
under the expansions. 

The extensions and redesignations will provide support to two
nationalities whom it would be logistically challenging and ethically
dubious for the United States to deport, given the Taliban takeover in
Afghanistan and Nicolás Maduro's brutally unstable regime

in Venezuela. However, while TPS provides relief to people who have
already been displaced in the U.S. so they can live and work legally, it
is also limited as a non-permanent solution and often leaves
beneficiaries in a protracted legal limbo. 

So, even as DHS announced Afghanistan's extension and redesignation for
TPS, officials urged Afghans "to seek any more durable immigration
pathways, like asylum and adjustment of status, for which they may be
eligible."

The department also announced

it would allot more personnel to expedite work permit applications for
certain noncitizens, while extending the validity period for employment
authorizations to five years for groups such as refugees, asylees, and
asylum applicants. 

These changes come after months of advocacy from local leaders and
immigration activists, who have called for quicker, more readily
accessible ways for recently arrived migrants and asylum seekers to
receive permission to work legally. One of the potential solutions they
have often endorsed is expanding TPS eligibility. 

After Venezuela was redesignated for TPS, New York CityMayor Eric Adams
(D) thanked
the Biden administration "for hearing our entire coalition, including
our hard-working congressional delegation, and taking this important
step that will bring hope to the thousands of Venezuelan asylum seekers
currently in our care."

**Child Dies, Kids Temporarily Separated From Parents to Mitigate
Overcrowding Amid Increasing Border Numbers **On September 20, a
3-year-old boy

was one of two migrants who were found dead by Texas state officials
this week after apparently drowning in the Rio Grande while trying to
cross the U.S.-Mexico border.

The tragic deaths come amid an uptick in border crossings - which have
reportedly reached a daily average of 6,900

this month, with7,500 people apprehended

just last Sunday. The increases are a sign that the Biden
administration's severe asylum restrictions and other deterrence
mechanisms may not be working

long-term, as vulnerable and desperate people remain committed to
finding ways for their families to reach safety and protection in the
U.S.

Nevertheless, the Biden administration reiterated this week

that it would "increase enforcement across the Southwest Border,"
including by deploying more military personnel to fill support roles. 

Meanwhile, an independent court monitor said that children were being
separated short-term from their parents while in a U.S. Customs and
Border Protection (CBP) facility in Donna, Texas, this summer, raising
alarms that kids' mental health might be at stake. 

Children had been separated from their parents for as many as four days,
held in pods intended for unaccompanied migrant kids. Most of them did
not know how to ask to visit their parents
,
and interviews "revealed significant emotional distress related to
separation, including sustained crying and disorientation."

"The situations described within the report are completely different
from previous policies of separating families," a CBP spokesperson told
CBS News
.
"CBP is committed to family unity: our policies prioritize the safety
and wellbeing of children and ensure that families are released out of
CBP custody together."

**Republican Representatives Present Draft Legislative Text for a
Continuing Resolution Centered on Immigration Enforcement**On September
17, Speaker Kevin McCarthy (R-California) announced that the Republican
party had reached an internal deal to introduce immigration enforcement
provisions into the Housecontinuing resolution

draft text ahead of the looming government shutdown, projected to begin
on October 1.

Continuing resolutions aretemporary spending bills

that allow federal government operations to continue when final spending
allocations have not been approved by Congress and the president. The
continuing resolution proposed by McCarthy includes the majority of the
controversialH.R.2
,
also known as the Secure the Border Act of 2023, which passed the House
of Representatives on May 11, 2023. This bill - now packaged as a
continuing resolution - is one of the mostsweeping border security
proposals
in
recent history.

While the proposed text received approval from most Republicans in the
House, it remains unclear whether it will advance. Twice this week,
McCarthy decided not to submit the draft text to a vote after some
members of the Freedom Caucus expressed

opposition.

**Report: Biden Administration Mulling an Increase for Next Year's
Refugee Ceiling **On September 18, CNN reported that a source familiar
with recent discussions said that the Biden administration is
consideringwhether to raise the number of refugees

who could be admitted to the United States next year. 

The president's refugee determination sets the maximum number of
refugees who can be admitted into the U.S. In recent years, that number
has been more aspirational than anything - officials have struggled
to resettle anywhere near the ceiling, although recent increases in
refugee arrivals over the last few months show promising signs of
improvement. 

"Welcoming refugees is part of who we are as Americans," President Joe
Biden said in a statement

on World Refugee Day earlier this year."Our nation was founded by those
fleeing religious persecution. When we take action to help refugees
around the world, and include them, we honor this past and are stronger
for it."

The refugee ceiling requires consultation with Congress before the end
of the fiscal year on September 30, and administration officials are
expected to meet with lawmakers soon. 

**New Proposed Rule Would Expand Protections for H-2A Workers **On
September 18, the Department of Homeland Security (DHS) issued a notice
ofproposed rulemaking

that would expand the legal protections of immigrant agricultural
workers under the H-2A visa program. 

The H-2A visa program is available to foreign nationals who are
temporary agricultural workers helping to fill gaps in worker shortages.
The proposed rule would add new safeguards for worker self-advocacy,
protect workers against retaliation, and make foreign labor recruitment
more transparent.

DHS secretaryAlejandro N. Mayorkas

said, "These proposed reforms will help U.S. employers address worker
shortages through new program flexibilities. They will also help provide
this vulnerable population of workers with the protections they
deserve." 

The proposed rule is open to public comments through November 20,
2023.  

**USCIS Celebrates Citizenship Day Through Naturalization
Ceremonies **On September 17, the U.S. public celebrated Constitution
Day and Citizenship Day, honoring citizens' rights and liberties under
the U.S. constitution.  

U.S. Citizenship and Immigration Services (USCIS)

celebrates Constitution Day and Citizenship Day every year, and between
September 17-22, USCIS conducted 130 naturalization ceremonies, where
6,900 people became new citizens. USCIS also used the holiday as an
opportunity to recognize theCitizenship Ambassador Initiative
,
which works with community leaders to promote naturalization throughout
the country.  

"We believe that promoting citizenship and encouraging eligible
immigrants to naturalize and fully participate in our democracy is a
cornerstone of the agency's work and illustrates the spirit of
Constitution Day and Citizenship Day through a focus on the rights,
responsibilities, and importance of citizenship," USCIS Director Ur M.
Jaddou said.

USCIS has a range ofresources

for individuals who want to learn more about Citizenship Day and the
process of naturalization.  

**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

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 be in session from Tuesday, September 26 through
Friday, September 29, 2023.

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

There are no relevant hearings or markups announced for the week of
Monday, September 25, 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. 

**DHS Office of Inspector General (OIG);****Results of an Unannounced
Inspection of ICE's Caroline Detention Facility in Bowling Green,
Virginia**

**; Published September 15, 2023**This report discusses the results of
an unannounced inspection at U.S. Immigration and Customs Enforcement
(ICE)'s Caroline Detention Facility, with antiquated chronic care
guidance, the lack of a dentist, delayed responses to detainee
grievances, a lack of consistency in displaying lists of legal providers
and visitation hours, and other problems raising cause for concern. 

**DHS Office of Inspector General (OIG);****Results of Unannounced
Inspections of CBP Holding Facilities in the El Paso Area**

**; Published September 15, 2023**This report details the findings from
unannounced inspections of U.S. Customs and Border Protection (CBP)
facilities in the El Paso sector, including failure to consistently
comply with standards around segregating different populations, managing
property, having regular meals and shower access, and keeping holding
rooms clean.

**DHS Office of Inspector General (OIG);****Homeland Advanced
Recognition Technology System Compliance with 28 C.F.R. Part 23**

**; Published September 19, 2023**This report explores the Homeland
Advanced Recognition Technology (HART) system and which laws it must
comply with, while considering related issues around privacy.

**Congressional Research Service (CRS);****The Legality of DACA: Recent
Litigation Developments**

**; Updated September 20, 2023**This report focuses on the Texas II
legal challenge to the Deferred Action for Childhood Arrivals (DACA)
program and its relationship to other litigation such as DHS v. Regents
of the University of California and Texas I. 

**Congressional Research Service (CRS);****The Biden Administration's
Final Rule on Arriving Aliens Seeking Asylum (Part One)**

**; Published September 21, 2023**This legal sidebar breaks down the
Biden administration's "Circumvention of Lawful Pathways" rule, as it
applies to asylum seekers at the U.S.-Mexico border. 

**Congressional Research Service (CRS);****The Biden Administration's
Final Rule on Arriving Aliens Seeking Asylum (Part 2)**

**; Published September 21, 2023**This legal sidebar considers arguments
for and against the legality of the "Circumvention of Lawful Pathways"
rule, while providing an overview of pending litigation challenging the
policy. It also offers legislative options and highlights current
proposals for lawmakers to potentially engage on the topic.

**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:

**Explainer: U.S. District Court Judge Hanen Finds New DACA Rule
Unlawful**
This
explainer details the September 13 decision on DACA holding that the
program is unlawful. It also explores the decision's implications for
current DACA recipients and other Dreamers, discusses potential
solutions, and provides a timeline for the court challenge around DACA.

**Dreamer Advocacy Resources**

****
This
landing page provides key information and resources about DACA and
Dreamers.

**CBP One: Fact Sheet and Resources Directory**
This
fact sheet and resources directory gives information and useful links
about CBP One's key features, its significance for asylum seekers, and
its shortcomings. 

* * *

*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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