Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, March 6, 2020 is now posted.

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

All the best,

Danilo

LEGISLATIVE BULLETIN - Friday, March 6, 2020
BILLS INTRODUCED AND CONSIDERED

LEGISLATIVE FLOOR CALENDAR

UPCOMING HEARINGS AND MARKUPS

THEMES IN WASHINGTON THIS WEEK

GOVERNMENT REPORTS

SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES Anchor

BILLS INTRODUCED AND CONSIDERED
H.R. 4803
Citizenship for Children of Military Members and Civil Servants Act

The bill would establish that children of members of the U.S. Armed Forces and employees of the U.S. government stationed outside of the U.S. are considered “residing in the United States” for the purpose of automatically acquiring U.S. citizenship. The bill would ensure children born abroad to military service members and civil servants, as well as their stepchildren and adopted children, automatically acquire U.S. citizenship. This is a companion bill to S. 2679.

Sponsored by Representative Jerrold Nadler (D-New York) (13 cosponsors – 6 Republicans, 7 Democrats)

10/23/2019 Introduced in the House by Representative Nadler

10/23/2019 Referred to the House Committee on the Judiciary

12/03/2019 Passed in the House by voice vote

03/05/2020 Passed in the Senate by unanimous consent

H.R. 6034
The Hmong and Lao Refugee Deportation Prohibition Act of 2020

The bill would defer the deportations of Hmong and Lao people for six years. It would apply to Hmong and Lao people who have final orders of removal and have resided in the United States since January 1, 2011. It would also prohibit immigration detention and allow work authorization for this population.

Sponsored by Representative Betty McCollum (D-Minnesota) (11 cosponsors - 11 Democrats, 0 Republicans)

2/28/2020 Introduced in the House by Representative McCollum

2//28/2020 Referred to the House Committee on the Judiciary Anchor

LEGISLATIVE FLOOR CALENDAR
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The U.S. Senate will be in session on the week of Monday, March 9, 2020.

The U.S. House of Representatives will be in session from Monday, March 9, 2020 through Thursday, March 12, 2020.

UPCOMING HEARINGS AND MARKUPS
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Confronting the Coronavirus: The Federal Response
Date: Wednesday, March 11, 2020 at 2:00 p.m. (House Committee on Homeland Security)

Location: 310 Cannon House Office Building

Witnesses: Ken Cuccinelli, Acting Deputy Secretary, Department of Homeland Security (DHS); Acting Director, U.S. Citizenship and Immigration Services (USCIS)

Gary Rasicot, Acting Assistant Secretary, Countering Weapons of Mass Destruction Office, Department of Homeland Security (DHS)

THEMES IN WASHINGTON THIS WEEK
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Federal
Senate Republicans Attend White House Meeting to Prepare for Supreme Court Decision on DACA
On March 5, a group of Republican Senators met with President Trump at the White House to discuss a potential immigration deal in case the U.S. Supreme Court ends or allows the Trump administration to end Deferred Action for Childhood Arrivals (DACA). Senator Lindsey Graham (R-South Carolina), one of the Republican Senators in attendance, said that President Trump is “receptive” to an immigration package that protects DACA recipients and addresses “underlying problem[s]” within the immigration system. Graham said the key takeaway from the meeting was that “if the court rules in the president’s favor, we’re not going to allow [DACA recipients] to have their lives turned upside down, but we will try to put together a package that. . .also does some things to address how this system’s broken.” Other senators invited to the White House meeting included Ted Cruz (R-Texas), Tom Cotton (R-Arkansas), Martha McSally (R-Arizona), Mike Lee (R-Utah), Ron Johnson (R-Wisconsin), Thom Tillis (R-North Carolina), and David Perdue (R-Georgia).

Senior White House advisor Jared Kushner also attended the meeting. Kushner reportedly anticipates that the Supreme Court decision on DACA could revive the White House’s efforts to overhaul the nation’s immigration system. Trump administration officials have reportedly indicated that some provisions in the White House’s plan would make up President Trump’s counteroffer to protect DACA recipients. The White House plan would reportedly decrease the number of family-based immigration visas to the U.S., increase employment-based visas but establish a more cumbersome approval process within the Labor Department, and toughen standards for applying for asylum. Overall, the plan would likely reduce the number of legal immigrants coming to the U.S.

On March 4, Chad Wolf, acting secretary of the Department of Homeland Security (DHS), told the Senate Homeland Security Committee that it was “very hard to say a blanket yes or no” on whether DACA recipients would be deported if the Supreme Court ends the program. In January, Matthew Albence, acting director of Immigration and Customs Enforcement (ICE), said the agency would move forward with deporting Dreamers if the Supreme Court overturns DACA.

HSI Agents Deployed to “Sanctuary Cities” to Assist in Immigration Enforcement
Immigration and Customs Enforcement (ICE) is planning to redeploy 500 Homeland Security Investigations (HSI) agents in 10 so-called sanctuaries cities to increase surveillance and help apprehend undocumented immigrants. The HSI agents will reportedly assist hundreds of ICE officers in implementing Operation Palladium, an enforcement operation set to run through the end of 2020 that is being implemented in response to local jurisdictions that limit their cooperation with federal immigration enforcement. ICE reportedly plans to deploy immigration officers to conduct 24-hour-a-day surveillance around the homes and workplaces of suspected undocumented immigrants. The plan is reportedly to surveil individuals for extended periods in the hope of arresting them outside their homes or workplaces.

The additional HSI agents are part of the administration’s broader campaign to oppose “sanctuary jurisdictions.” On February 14, U.S. Customs and Border Protection (CBP) confirmed that the agency would be deploying elite “BORTAC” agents to “sanctuary jurisdictions” across the country to assist in immigration arrests. On March 5, President Trump said he would withhold federal grants from “sanctuary jurisdictions” after a U.S. court ruled that the administration could withhold federal law enforcement funds to those state and cities.

Trump Administration Adds Additional H-2B Visas, Providing Relief to Industries in Need
The Department of Homeland Security (DHS) announced on March 5 that it would add 35,000 additional H-2B visa slots for the current fiscal year. According to DHS, 20,000 of the new visas will be for workers beginning work on or after April 1, and the remaining 15,000 will be for workers starting on or after May 15. In addition, 10,000 of the visas will be reserved for nationals from the northern triangle countries of El Salvador, Guatemala and Honduras. The additional visas will be limited to workers who have used the program in the past, and DHS officials will conduct visits to H-2B employers to check for potential abuse.

The initial H-2B visa cap of 66,000 for fiscal year (FY) 2020 was reached on February 18. Despite having added additional visas to the cap in each of the previous three years, the administration delayed announcing the new slots in 2020, citing concerns over fraud in the program. Industries reliant on H-2B workers, including Maryland crab and seafood salesmen, were threatened by the delay, and a group of Republican lawmakers penned a letter to DHS advocating for an increase in visas on their behalf.

DHS was initially reported to be planning a 45,000 visa increase, 10,000 slots more than the announced additions.

Trump Considers Immigration Restrictions and Border Closure in Midst of Coronavirus Scare
President Donald Trump said in a White House press briefing on February 29 that his administration was “very strongly” considering closing the U.S. southern border in response to the COVID-19 outbreak, also known as the coronavirus. During the same press briefing, Vice President Mike Pence announced a ban on non-citizens’ entrance into the U.S. if they have visited Iran in the last 14 days, as well as travel advisories for areas of Italy and South Korea which have also been hit significantly by coronavirus. President Trump’s comments on the southern border came despite no cases in the U.S. having been traced back to Latin America. Three days later, the Trump administration made clear that the measure was no longer in consideration. On March 3, President Trump said, “we’re not looking at it very strongly,” noting that there is no indication “that [the border is] a problem at this moment.”

On March 2, 499 U.S. public health and legal experts sent a letter to Vice President Mike Pence, who is heading the president’s coronavirus taskforce, requesting hospitals to be immigration enforcement-free zones, a measure that has been previously been implemented during natural disasters and the 9/11 terrorist attacks. Immigrant advocates are concerned that undocumented immigrants who may contract the virus will not seek medical care for fear of being apprehended by immigration officers. The White House has not made any official statements on the matter, but in email correspondence on March 3, ICE said that they have not categorized the coronavirus outbreak as an emergency.

Legal
Court Allows Remain in Mexico Policy to Stand, For Now
On March 4, the Ninth Circuit Court of Appeals reaffirmed its February 28 injunction blocking the Trump administration’s Migration Protection Protocols, also known as the "Remain in Mexico” policy, and clarified that the injunction would only apply to states in its jurisdiction. The court stated that the policy is “invalid in its entirety due to its inconsistency with” U.S. federal law and is causing “extreme and irreversible harm” to asylum-seekers. The ruling would not go into effect immediately, as the decision granted the Trump administration’s request to allow the policy to remain in effect until March 11, allowing time for the government to appeal to the Supreme Court. If the injunction is upheld, Remain in Mexico will no longer apply to asylum-seekers entering the U.S. through California and Arizona. The court’s decision explicitly does not affect other border states, citing “intense and active controversy” over the recent practice of nationwide injunctions against the administration’s policies.

Under Remain in Mexico, asylum seekers are required to wait in Mexico, usually in border towns or tent encampments along the border, while their claims are being processed. Asylum seekers affected by the policy have been subject to increased risk of dangers such as kidnapping and violence. So far, about 59,000 asylum seekers have been returned to wait in Mexico.

Federal Court Rules Cuccinelli Appointment is Invalid, Block Two Asylum-Related Policies
A federal judge ruled on March 1 that Ken Cuccinelli’s appointment as the acting director of U.S. Citizenship and Immigration Services (USCIS) violated federal law, thus nullifying two policies Cuccinelli put in place that limited asylum seekers’ ability to prepare for an interviews with asylum officers. A U.S. District Court Judge in Washington, DC said that Cuccinelli’s appointment constituted a breach of the Federal Vacancies Reform Act, which establishes that an official temporarily filling a position that requires Senate confirmation be next in the line of succession or must have worked as a senior official in the agency for at least 90 days. The judge ruled that Cuccinelli did not meet either of those requirements when he was named acting USCIS director in June 2019 under the title of “principal deputy director,” a new position created for him to oversee agency. The judge noted Cuccinelli failed to meet the law’s requirements for the “clear-cut reason...[that] he never did and never will serve in a subordinate role – that is, as an ‘assistant’ – to any other USCIS official.” Cuccinelli said USCIS will appeal the ruling and that it “doesn’t affect anything we’re doing going forward.”

The ruling invalidates two asylum-related policies put in place under Cuccinelli’s leadership. The first policy reduced the time, from 48 hours to 24 hours, that detained asylum seekers have to consult with lawyers before an interview with an asylum officer. The second invalidated policy prohibited asylum officers from granting asylum seekers an extension to prepare for that interview. The interview is used to assess the asylum seeker’s claim of fear of returning to their home country. Immigration advocates said the ruling raises serious questions about the legality of other policies put in place under Cuccinelli’s leadership.

Supreme Court Gives More Power to States to Prosecute Undocumented Immigrants
On March 3, a divided Supreme Court reversed a Kansas Supreme Court decision and held that Kansas was able to prosecute individuals for identity theft for using others’ Social Security numbers on state tax forms. Kansas had prosecuted the individuals even though the information was also contained on the federal I-9 work authorization verification form, which may only be used to enforce immigration laws. In the case, Kansas v. Garcia, the defendants argued that the use of any information included in federal work-authorization forms for law enforcement purposes is the exclusive domain of the federal government. In the majority opinion, penned by Justice Alito, the court rejected this argument, stating that there is “no suggestion that the Kansas prosecutions frustrated any federal interests.”

The ruling gives states more power to prosecute undocumented immigrants and confuses the role states play in immigration enforcement efforts, which are the domain of federal officials and agencies. One immigration lawyer said that the decision could result in states acting as a “force multiplier for ICE enforcement” to root out unauthorized immigrants.

States Sue Administration for Diversion of Military Funds to Border Wall
On March 3, nineteen states filed a lawsuit against the administration, citing violations associated with the most recent transfer of funding to the border wall from Fiscal Year 2020 appropriations. The suit argues the administration is unlawfully contradicting appropriations set by Congress. This lawsuit joins challenges against border funding brought by the Niskanen Institute, the ACLU, the Sierra Club, and the Southern Border Communities Coalition.

On February 13, 2020, the administration announced it would divert $3.8 billion of Pentagon funding to the border, bringing the total amount diverted from army personnel and military construction accounts to $10 billion. California Attorney General Xavier Becerra (D) noted that these funding diversions will prevent the National Guard from securing “essential equipment for our troops.” Representative Ken Calvert (R-California) said the diversion was “troublesome” and that “this kind of reprogramming has to end.”

The 19 states filing the latest lawsuit are California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin.

GOVERNMENT REPORTS
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There were no immigration-related government reports published on the week of Monday, March 2, 2020.

SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Dreamer Advocacy Resources
This web page includes resources to help advocate for a permanent solution for Dreamers, including talking points, data on the economic benefits of Dreamers, and summaries of key legislation pending in Congress.

The President’s Budget Request for the Department of Justice (DOJ)
This document provides an overview of President Trump’s fiscal year (FY) 2021 budget request for the Department of Justice (DOJ) for its immigration-related responsibilities and compares the request to the amounts enacted by Congress for FY 2020 and the President’s budget request for FY 2020.

Mexico’s Asylum System is Inadequate
This analysis provides an overview of the Mexican asylum system and finds that it cannot handle the scope of the humanitarian crisis along the U.S.-Mexico border due to insufficient infrastructure, legal representation and due process. The analysis notes that the U.S. asylum system has more experience handling large numbers of asylum claims and sufficient resources to ensure fair adjudication.

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This Bulletin is not intended to be comprehensive. Please contact Danilo Zak, National Immigration Forum Policy and Advocacy Associate, with comments and suggestions of additional items to be included. Danilo can be reached at [email protected]. Thank you.