Legislative Bulletin

 

 

Hello y'all,

The National Immigration Forum's Legislative Bulletin for Friday,
October 20, 2023, is now posted.

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

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All the best,

Alexandra 

**LEGISLATIVE BULLETIN - Friday, October 20, 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****

******U.S. Reaches Deal With Venezuela to Ease Sanctions Amid Resumed
Deportations ******

On October 18, the Biden administration deported around 130 women and
men

- shackled as they boarded a plane from Harlingen, Texas, destined for
Caracas  - in the first chartered flight

to Venezuela since the federal government announced

it was resuming direct repatriations there earlier this month. 

The flight follows Homeland Security Secretary Alejandro Mayorkas's
decision weeks earlier to expand deportation protections and work
authorization through Temporary Protected Status
(TPS)
for Venezuelans who arrived here before July 31, citing "Venezuela's
increased instability and lack of safety due to the enduring
humanitarian, security, political, and environmental conditions."

It also comes even as the U.S. takes sweeping steps

to significantly ease sanctions, which have targeted Venezuela's oil
sector and crippled the country's economy for many years, and which were
trumped up after Venezuelan President Nicolás Maduro's 2018
presidential victory that has been broadly deemed illegitimate.

On Tuesday, Venezuela's autocratic regime reached an agreement

with its political opposition, potentially allowing for a more
democratic, internationally-monitored presidential election in 2024.

Secretary of State Antony Blinken called the new sanctions relief
"consistent with our longstanding commitment... in response to concrete
steps toward competitive elections and respect for human rights and
fundamental freedoms," although U.S. officials have warned they may
reverse course if Maduro doesn't hold up his end of the deal. 

******Biden Administration Requests Supplemental Funding for Border
Security, Announces New Initiative for Ecuadorian Families ******

On October 20, the White House requested $106 billion in
national security-focused supplemental funding for the current fiscal
year, including $13.6 billion for measures to crack down on drug
trafficking and migration across the U.S.-Mexico border. 

The package focuses in large part on shoring up

resources and personnel, allowing for 1,300 more Border Patrol agents,
1,600 more asylum officers and support staff, and 375
more
immigration judge teams, among other new hires. Funding would also go
toward inspection machines for fentanyl detection, more detention beds,
more removal flights, new housing for people placed in expedited
removal, more Shelter and Services (SSP) program grants, and resources
for repatriation flights by third countries.

The White House's request follows months of enforcement-focused border
restrictions, which initially coincided

with a drop in migrant encounters over the early summer but have since
done little to discourage people - many fleeing violence and
instability - from trying to cross for safety and opportunity in the
U.S. 

Nevertheless, the Department of Homeland Security (DHS) on Friday
doubled down on the administration's intent "to implement a migration
strategy focused on enforcement, deterrence, and diplomacy."

Last week, amid the large numbers of newcomers, the Office of Refugee
Resettlement (ORR) re-opened an "influx care facility" for unaccompanied
migrant children at a former work camp in Carrizo Springs, Texas -
after the Department of Health and Human Services (HHS) had already
reopened

a similar facility in Pecos, Texas, last month. 

"While ORR's priority is to place children into standard care provider
facilities, access to Influx Care Facility (ICF) capacity remains
necessary to ensure that ORR can promptly accept referrals when ORR's
other network facilities reach or approach capacity," HHS shared in a
statement to CBS News
. 

Meanwhile, in an attempt to expand lawful pathways while discouraging
irregular migration, the Biden administration announced

a new invite-only family reunification parole process for Ecuadorians
affected by the often long visa backlog. The program mirrors existing
initiatives for families from Cuba, Haiti, Colombia, El Salvador,
Guatemala, and Honduras. 

******U.S. Hits H-2B Cap for First Part of FY 2024******

United States Citizenship and Immigration Services (USCIS
)
has received enough H-2B visa petitions to reach its congressional cap
for the first half of fiscal year 2024.

TheH-2B visa allows
temporary workers to come to the U.S. for a nonagricultural job in
industries

such as landscaping, forestry, food service, and construction. Congress
has capped H-2B visas at 66,000 per fiscal year, including  33,000 for
workers who begin employment in the first half of FY 2024 (Oct. 1 -
Mar. 31).

October 11 was the final receipt date for new H-2B visa petitions
requesting a start date in the first half of the fiscal year. USCIS will
reject cap-subject H-2B visa petitions received after that date, if they
ask for workers to start before April 1.

That said, USCIS will still accept applications for several categories
of people who are exempt from the H-2B cap, including certain current
H-2B workers. 

******Biden Administration Reviews Rule for Stateside H-1B Visa Renewal,
Aims to Prevent Visa Lottery Fraud******

An October 18 Bloomberg Lawreport

highlighted that the Biden administration is reviewing a rule to offer
H-1B visa renewal options without having to leave the United States.
TheH-1B visa

allows U.S. employers to hire foreign workers with specialized skills to
work in the U.S. for a specific period of time.

The stateside visa renewals - which were discontinued in 2004 - 
are expected to serve a twofold purpose: save applicants from having to
leave the country, and reduce the workload of consular offices abroad.

Since March 2020, the Covid-19 pandemic has dramatically affected the
State Department's ability to process immigrant visa applications.
According to recent reports, the U.S. consular backlog has over386,787

immigrant visa applicants waiting for an interview at U.S. consulates
- a 635% increase from the 2019 average of60,866
.

In addition, on October 18, the Department of Homeland Security
(DHS)issued
a Notice
of Proposed Rulemaking to prevent fraud in the H-1B visa lottery. The
rule wouldchange

the lottery method to select registrations based on unique beneficiary,
regardless of how many registrations are submitted on their behalf.

****Legal****

******Families Reach Settlement Deal After Separations Under
Trump ******

On October 16, more than five years after the federal government
systematically separated children from their parents under the "Zero
Tolerance" policy, the Biden administration reached a proposed
settlement agreement
to
provide those families with assistance, reunification, and another
chance at protection in the United States. 

If approved in federal court, the agreement could allow up to 5,000

children and parents affected by family separation under the Trump
administration to
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receive short-term permission to live and work in the U.S., apply for
asylum, and receive targeted aid such ashousing assistance
,
medical and behavioral health services, and some legal help.  

The agreement also precludes most family separations for eight years, a
forward-looking commitment meant to preempt a similar policy regardless
of who's in office. 

"The ACLU has settled hundreds of lawsuits in our 103-year history, but
none more important than this one," Anthony D. Romero, executive
director of the American Civil Liberties Union, said in a statement. 

"To America's enduring shame, we tore children from the arms of their
families to enact a xenophobic agenda. This settlement closes the
darkest chapter of the Trump administration, but as welcomed as it is,
the damage inflicted on these families will forever be tragic and
irreversible."

******Court Permits Turnbacks of Asylum Seekers Without Pre-Scheduled
Appointments at Official Ports of Entry******

On October 13, a federal district judge in California cited recent
Supreme Court precedent as he ruled

from the bench that his court did not have the authority to stop
officials from turning away migrants at the U.S.-Mexico border who
didn't first make an appointment through the federal government's
CBP One app. 

These "turnbacks" - challenged by Al Otro Lado, Haitian Bridge
Alliance, and individual plaintiffs - are only exacerbated by
restrictions

that presume migrants are ineligible for asylum in the U.S. unless they
applied for and were denied protection in another country, followed one
of the Biden administration's parole processes, obtained an
appointment through the CBP One app, or met a limited number of other
narrow caveats. 

Migrant rights defenders argued the turnbacks contradict the Biden
administration's own guidance

from November 2021, which they say made clear that asylum seekers could
not be required to obtain an appointment before arriving at the
border.  They alsocontended

that the policy violates broader U.S. and international laws regarding
the right to seek asylum. 

But Judge Andrew G. Schopler denied their request for a preliminary
injunction, relying on the Supreme Court's 2022 decision in

**Garland v. Aleman Gonzalez** - which held in part that U.S.
immigration law doesn't allow classwide injunctions

- to justify his decision. 

"If I were to grant an injunction that forced federal officials to
permit asylum seekers to wait at a port of entry until CBP can process
them, that itself I think would interfere with the government's
ability to carry out specific statutory provisions," Schopler said. 

The decision comes at an especially dangerous time for asylum seekers
waiting in Mexico, as reports indicate anincrease

in violence targeting migrants and people assisting them while they try
to access CBP One appointments. Unable to risk their lives any longer,
many are choosing to cross the U.S.-Mexico border unauthorized so they
can finally feel safe. 

****State and Local ****

******Texas Immigration Enforcement Bills Pass State Senate, Advance in
House******

Over the last week, state lawmakers in Texas have advanceda number of
major immigration proposals

focused on establishing new state crimes and de facto state-level
expulsion authority.

Senate Bill 11
,
authored by state Sen. Brian Birdwell, would make improper entry from
abroad a crime in Texas, creating new penalties beyond existing federal
violations. Senate Bill 4,

authored by state Sen. Pete Flores, would trump uppenalties

for human smugglers and operators of stash houses.

Both bills have passed the Texas Senate and are now before the state
House.

Meanwhile, House Bill 4, authored by state Rep. David Spiller, would not
only create an "illegal entry" offense, but would also allow peace
officers to "remove" someone by transporting them to a port of entry and
ordering them to cross into Mexico. The bill was reported favorably out
of committee on Thursday.

Much of the immigration and border security legislation being proposed
in the Texas legislature's special session actively challenges
long-standing precedent of immigration enforcement as a federal
responsibility, potentially teeing up another bitter court battle
between Texas and the Biden administration. 

******Massachusetts Will No Longer Provide Right to Shelter for Certain
Families ******

On October 16, Massachusetts Gov. Maura Healey said that by the end of
the month, her state would no longer be able to expand its emergency
shelter capacity for families, after large numbers of migrants and
asylum seekers have arrived there in recent months hoping for stable
housing. 

Massachusetts has a unique law that provides a right to shelter for
pregnant women and certain families, which has in part driven a recent
increase in newcomers - many of them Haitian - to the state. But
Healey said that starting on Nov. 1, Massachusetts wouldn't be able to
add any more shelter units, and families with the greatest needs would
instead be given priority.

The announcement accompanies other, more proactive steps in response to
recently arrived families, including access to job training and
employment opportunities.

"We will continue to help families exit shelter and move into more
permanent housing options, connect those who are eligible with work
opportunities to support their families, and advocate for the federal
government to step up and address this federal problem," Healey said in
a statement
. 

**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 will be in session from Monday, October 23 through
Friday, October 27, 2023.

The U.S. House of Representatives will be in session from Monday,
October 23 through Thursday, October 26, 2023.

**UPCOMING HEARINGS AND MARKUPS**

Here, we round up congressional hearings and markups happening in the
field or in Washington. 

**House Natural Resources Markup**

**Date:**Tuesday, October 24, 2023 at 10:15 a.m. EST (House Natural
Resources Committee)

**Location:**1324 Longworth House Office Building, Washington, D.C.

**Related Items:**H.R. 1792 (Rep. Radewagen), "South Pacific Tuna Treaty
Act of 2023"; H.R. 2560 (Rep. Keating), "Sea Turtle Rescue Assistance
Act of 2023"; H.R. 3415 (Rep. Hageman), "Pilot Butte Power Plant
Conveyance Act"; H.R. 4587 (Rep. Rutherford), "Red Snapper Act"; H.R.
4770 (Rep. Sarbanes), "Chesapeake Bay Science, Education, and Ecosystem
Enhancement Act of 2023"; * H.R. 5009 (Rep. Joyce of Ohio), "Wildlife
Innovation and Longevity Driver reauthorization Act" or the "WILD Act";

**H.R. 5283 (Rep. Malliotakis), "Protecting our Communities from Failure
to Secure the Border Act of 2023";** and H.R. 5616 (Rep. Graves of
Louisiana), "Bringing Reliable Investment into Domestic Gulf Energy
Production Act of 2023" or the "BRIDGE Production Act of 2023."

**The Broken Path: How Transnational Criminal Organizations Profit from
Human Trafficking at the Southwest Border**

**Date:**Tuesday, October 24, 2023 at 2:00 p.m. EST (House Homeland
Security)

**Location:**310 Cannon House Office Building, Washington, D.C.

**Witnesses:**TBA

**Ensuring the Safety and Well-Being of Unaccompanied Children, Part
II**

**Date:**Wednesday, October 25, 2023 at 10:00 a.m. EST (Senate
Judiciary)

**Location:**Dirksen Senate Office Building, Room G50

**Witnesses:**TBA

**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. 

**U.S. Government Accountability Office (GAO);****Southwest Border:
Cultural and Natural Resource Impacts from Barrier Construction**

**; Published October 18, 2023**

This statement for the record - based on a September 2023 report
- explores how border
barrier construction between 2017-2021 has affected natural and cultural
resources in the U.S.

**U.S. Government Accountability Office (GAO);****Immigration Courts:
Actions Needed to Address Workforce Planning and Other Management
Challenges**

**; Published October 18, 2023**

This congressional testimony looks at progress as well as ongoing
challenges at the Executive Office for Immigration Review (EOIR),
including shortcomings with workforce planning, immigration judge
performance appraisals, and a specific application within the courts'
electronic filing system. 

**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: 

**American Dream Employment Act: Bill Summary**

This bill summary explores the American Dream Employment Act of 2023,
which would allow Deferred Action for Childhood Arrivals (DACA)
recipients, Temporary Protected Status (TPS) holders, and Deferred
Enforced Departure (DED) recipients to work in the U.S. Congress.

**Explainer: What Are Safe Mobility Offices?**

Read this explainer for information about what we know so far on how
SMOs are being implemented in Guatemala, Costa Rica, and Colombia, and
who may qualify to participate. 

**The Reasons Behind the Increased Migration from Venezuela, Cuba, and
Nicaragua**

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 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 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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