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Hello all,
The National Immigration Forum's Legislative Bulletin for Friday, September 29, 2023, is now posted.
You can find the online version of the bulletin here: https://immigrationforum.org/article/legislative-bulletin-friday-september-29-2023/
All the best,
Alexandra
LEGISLATIVE BULLETIN - Friday, September 29, 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 POLICY THIS WEEK
BILLS INTRODUCED AND CONSIDERED
LEGISLATIVE FLOOR CALENDAR
UPCOMING HEARINGS AND MARKUPS
GOVERNMENT REPORTS
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
DEVELOPMENTS IN IMMIGRATION POLICY 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
Border Security, Immigration Remain Central to a House GOP Deal on Funding
As lawmakers are struggling to reach an agreement to fund the government by the September 30 deadline, border security and immigration policy remain central to the negotiations, with House leadership pushing for more severe anti-immigration measures as a lynchpin for a deal.
The Senate is largely aligned in support of a continuing resolution (CR) to fund the government at current levels, which would evade a dreaded shutdown and give policymakers until just before the Thanksgiving holiday to come to a compromise.
Senate Minority Leader Mitch McConnell warned that "government shutdowns are bad news whichever way you look at them" and would bring "unnecessary hardships for millions of Americans."
But in the House, some members of the Republican party are trying to redirect blame for a potential shutdown onto migrants and asylum seekers, insisting on a poison pill legislative proposal, H.R. 2, as part of their efforts to fund the government.
The bill would severely restrict the right to seek asylum in the United States, curtail other existing lawful pathways, place unnecessary pressure on border communities, intensify labor shortages faced by small businesses and essential industries, establish new criminal penalties, and make other significant changes to U.S. immigration law. It narrowly passed the House in May.
House Speaker Kevin McCarthy said on Tuesday that he thought "it would be very important to have a meeting with the president," saying that the government could stay open if President Joe Biden takes "some action on the border to secure it."
But the Biden administration has already implemented strict tactics to deter unauthorized crossings at the U.S.-Mexico border. And meanwhile, an analysis by the Washington Post this week suggests that McCarthy’s decision to refocus attention on border politics could represent a more cynical strategy to deflect and distract from party infighting.
"Instead of allowing the conversation to center on House Republican dissension, he’s pushing the media — and, by extension, the public — to view border security as the sticking point," the analysis explained.
House lawmakers are attempting to force the Senate to approve H.R. 2 as part of the funding process for the Department of Homeland Security (DHS), while also trying to advance a CR with H.R. 2 attached. But any measures with such draconian restrictions would likely be dead on arrival in the Democratic-controlled Senate, and the White House has already threatened to veto H.R. 4367, the DHS appropriations bill.
"There’s a difference between fantasy and reality. And I live in reality. My district is hit with the realities of this border crisis," Tony Gonzales (R-Texas) said. "So I’m not looking for a messaging bill that says all the right things and accomplishes nothing.
"In my eyes, a continuing resolution that just has fake things doesn’t get us any closer."
If the federal government were to shut down, that would leave border agents working without pay, delay immigration court proceedings, suspend access to E-Verify, and otherwise affect the U.S.’s ability to enforce immigration laws.
"I find it very ironic that Republicans are threatening a shutdown when this is going to weaken [border security] by taking away authorities and funding, including contractors, from the border," Rep. Henry Cuellar (D-Texas) told TIME.
Mexico, U.S. Come to Enforcement Agreement as Border Crossings Increase
On September 22, the Mexican government announced 15 new actions it would take to respond to migration largely en route to the United States, including an effort to "depressurize" border cities like Ciudad Juárez and Tijuana through "the return of migrants," presumably to their home countries.
These new steps — focused largely on deterrence and repatriation — come after the U.S. officially announced that its Border Patrol documented over 181,000 migrant encounters between ports of entry along the U.S.'s southern border in August, up about 36% since the month before. More than 93,000 of those apprehensions were of someone in a family unit, representing the plurality of encounters.
CNN reported on Monday that a senior official has warned the U.S. public to expect high numbers of crossings in the near term, even as border cities such as Eagle Pass and El Paso struggle to host more newcomers.
Meanwhile, people are risking increasingly perilous journeys amid more aggressive immigration restrictions that make it harder to access safer paths such as asking for asylum at ports of entry. An infant girl died Saturday after a Border Patrol agent discovered her and her mother near Nogales, while on Wednesday, two young migrant men ages 22 and 23 died in Coahuila, Mexico, while trying to mount an in-motion train.
"Americans are rightly concerned about the border and migration challenges. We must recognize these challenges for what they are: a humanitarian crisis we must meet with compassion and resources," said Jennie Murray, President and CEO of the National Immigration Forum.
President Biden Sets Refugee Resettlement Ceiling at 125,000 for Fiscal Year 2024
On September 29, President Biden signed the Presidential Determination on Refugee Admissions for Fiscal Year 2024, setting the refugee resettlement ceiling for Fiscal Year (FY) 2024 at 125,000.
The 125,000 refugee resettlement ceiling will be allocated by region. President Biden designated a cap that ranges between 30,000 and 50,000 refugees from Africa, between 10,000 and 20,000 refugees from the East Asian region, between 2,000 and 3,000 refugees from the European and Central Asian region, between 35,000 and 50,000 refugees from the Latin American and Caribbean region, and between 30,000 and 45,000 refugees from the Near East and South Asian region.
The 125,000 target is the same ceiling as the one set for Fiscal Years 2022 and 2023. However, the U.S. refugee resettlement numbers in both years been significantly below the 125,000 cap. With only a few days left before the end of FY 2023, the U.S. is currently on track to resettle a total of 60,000 refugees, not even 50% of the 125,000 ceiling. This number, however, would represent a major improvement 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.
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.
No Asylum for CCP Spies Act
This bill would prohibit members of communist parties from being granted asylum in the United States unless they meet several very specific exceptions, including publicly renouncing their membership, denouncing the party, proving their membership was involuntary, and being determined to not be a danger to national security by the Attorney General or the Secretary of the Department of Homeland Security. It would also allow members of communist parties to be granted asylum if they have information that is important to national security. The
House companion bill is H.R.5651.
Sponsored by Sen. Marco Rubio (R-Florida) (7 Cosponsors – 7 Republicans, 0 Democrats)
9/21/2023 Introduced in the Senate by Sen. Marco Rubio
9/21/23 Read twice and referred to the Committee on the Judiciary
Bipartisan Keep America Open Act
Sponsored by Rep. Don Bacon (R- Nebraska) (11 Cosponsors - 5 Republicans, 6 Democrats)
09/22/2023 Introduced in the House by Rep. Don Bacon
To require the Director for Homeland Security Investigations of U.S. Immigration and Customs Enforcement to conduct annual assessments on threats posed to the United States by transnational criminal organizations
This bill would require the Director for Homeland Security Investigations of U.S. Immigration and Customs Enforcement to conduct annual assessments on threats posed to the United States by transnational criminal organizations and for other purposes.
Sponsored by Rep. August Pfluger (R-Texas) (1 Cosponsor - 1 Republican, 0 Democrats)
09/22/2023 Introduced in the House by Rep. August Pfluger
This bill would make appropriations for the salaries and expenses of certain U.S. Customs and Border Protection employees working during a Government shutdown in fiscal year 2024, and for other purposes.
Sponsored by Rep. Monica De La Cruz (R-Texas) (23 Cosponsors - 22 Republicans, 1 Democrat)
09/26/2023 Introduced in the House by Rep. Monica De La Cruz
No Bailout for Sanctuary Cities Act
This bill would provide that sanctuary jurisdictions that provide benefits to immigrants who are present in the United States without lawful status under the immigration laws are ineligible for Federal funds intended to benefit such aliens.
Sponsored by Rep. Nick LaLota (R- New York) (9 Cosponsors - 9 Republicans, 0 Democrats)
09/26/2023 Introduced in the House by Rep. Nick LaLota
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is expected to be in session Monday, Oct. 2 through Friday, Oct. 6, 2023.
The U.S. House of Representatives is expected be in session the week of October 2, 2023.
UPCOMING HEARINGS AND MARKUPS
There are no relevant hearings or markups announced yet for the week of Oct. 2, 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.
This report underscores weaknesses in the Department of Homeland Security’s (DHS) operational analysis for major systems, warning in part that components of DHS "used inaccurate, outdated, or incomplete information to assess system performance." Researchers wrote that "without accurate and transparent reporting, the Department risks continuing to invest in programs that detract from its mission and create significant cost overruns."
According to the report, "the Department of Homeland Security does not have an up-to-date strategic plan to manage biometric capabilities across the Department." Its current strategic framework has not been updated for eight years and does not "accurately reflect the current state of biometrics" at DHS.
This report finds that, with regard to monitoring and overseeing transportation contracts, U.S. Immigration and Customs Enforcement (ICE) failed to fully comply with guidance, especially in appointing contracting officer’s representatives, overseeing contractor performance, and reviewing expenses.
This report outlines deficiencies within U.S. Customs and Border Protection's (CBP) Centralized Area Video Surveillance System at land ports of entry (LPOEs), including "widespread recording gaps, instances of poor qualify video and audio, areas of inadequate video and audio coverage within LPOEs, and inadequate privacy protections for detainees being held at LPOEs."
Here, we round up congressional hearings and markups happening in the field or in Washington.
There are no relevant hearings or markups announced yet for the week of Oct. 2, 2023.
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:
This paper explores the reasons behind the increased migration from Venezuela, Cuba, and Nicaragua. While irregular migration from these three countries ruled by autocratic governments is not new, the situation in these countries has worsened in recent years. Commonalities include domestic political crises, weakening economies, Covid-19, natural disasters, and strict U.S.-led economic sanctions. Facing precarious conditions and the threat of political persecution, a growing number of people from these nations have opted to seek safety in the United States.
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.
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.
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*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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