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Legislative Bulletin
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Hello y'all,
The National Immigration Forum's Legislative Bulletin for Wednesday,
November 22, 2023, is now posted.
You can find the online version of the bulletin
here:Â [link removed]
All the best,
AllyÂ
**LEGISLATIVE BULLETIN - Wednesday, November 22, 2023**Welcome to the
National Immigration Forum's weekly bulletin! Every Friday (or in this
case, Wednesday), 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.Â
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
A note: we're sending out the bulletin early this week because of the
Thanksgiving holiday, but we'll return to our regular Friday schedule
next week!
**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.Â
Content warning: This section sometimes includes events and information
that can prove disturbing.Â
****State and Local ****
**Texas Passes Controversial Legislation to Create State-Level Crimes
for Irregular Border Crossings **On November 14
,
the Texas House of Representatives passed bills that would create
state-level crimes for irregular border crossings, allow state
magistrates or judges to order migrants to leave the United States, and
appropriate an additional $1.54 billion for immigrant policing and the
construction of more state-funded border barriers.
Senate Bills 3 and 4 represent a ratcheting up of Texas's already
aggressive border enforcement tactics under Operation Lone Star, which
despite massive financial investments has shown little sign
of effectively deterring cross-border migration from Mexico.Â
SB 3 now returns to the Texas Senate, where state lawmakers must decide
whether to sign off on an amended version of the bill that lets local
officials access some of the more than $1.5 billion in
immigration-focused funding to enforce the new state charges in SB 4.Â
SB 4, meanwhile, heads to Gov. Greg Abbott's (R) desk for signature. A
group of30 former immigration judges
,
who were appointed and served under both Republican and Democratic
administrations, have said the bill is unlawful because "immigration is
plainly a federal function."Â
Likewise, the American Civil Liberties Union (ACLU) of Texas called the
legislation "anti-immigrant" and warned that it could lead to
significant racial profiling of Latinos, who comprise over40%
of Texas's population. The civil rights organization
and the League of United Latin American Citizens
have both said they intend to sue.Â
Meanwhile, on November 15, Mexico's Foreign Ministry said
that the Mexican government "categorically rejects" Texas's measures,
raising serious questions about how the Texas government intends to
enforce provisions that would require migrants to return abroad -
presumably to Mexico.Â
Still, Gov. Abbott isexpected
to sign the bill, and on Sunday, hepublicly endorsed
former president Donald Trump in the 2024 presidential election. Abbott
specifically cited what he perceives as President Joe Biden's laxity
on immigration as a key reason for the endorsement.Â
**Democratic-Led Cities and States Set Shelter Limits, Buy Tickets for
Migrants to Go Elsewhere **Earlier this month,Massachusetts
officially reached
its maximum capacity of 7,500 families in emergency shelters, many of
them migrants drawn to the state in part because of its unique
right-to-shelter law.Â
Massachusetts is not alone -Democratic
-led
cities and states across the nation have said their finite resources are
now tapped out, and some have started purchasing bus tickets or plane
rides for migrants so they can quickly move elsewhere.
Denver
has used at least $4.3 million to send migrants to other parts of the
U.S. -Â adding to the already large number of newcomers in cities such
as New York and Chicago - in hopes of freeing up shelter beds at
home.Â
Meanwhile, in New York, migrant families were ushered to Floyd Bennett
Field
in a remote part of Brooklyn, far from public transit, schools, and
work. Many chose not to stay, despite the makeshift shelter being their
only option left for a warm bed in the city.Â
****Federal****
**House Avoids Mayorkas Impeachment For Now**On November 13, in a
209-201 vote, the House of Representatives decided against rushing an
attempt to impeach Homeland Security Secretary Alejandro Mayorkas and
instead sent the relevant resolution to the Homeland Security Committee
,
where an impeachment inquiry is already in progress.Â
Rep. Marjorie Taylor Greene (R- Georgia) led the effort
to impeach Mayorkas through a forced vote on the House floor. But eight
Republicans
joined all House Democrats to sidestep Greene's resolution for now,
while retaining the possibility of committee consideration. Â
Days later, Mayorkas appeared before the House Homeland Security
Committee
,
where he was predictably questioned on the situation at the border.
In a departure from past impeachments, the attempt to oust Mayorkas
hinges not on grave misconduct, but instead on disapproval of his
administration's policies at the southern border. Greene's
resolution alludes to newcomers arriving in the U.S. as an "invasion
"
in a nod to the xenophobic great replacement theory
,
which contends migrants of color will "replace" white people in
countries like the U.S. Â
Even amid such concerning rhetoric, the once fringe idea of impeaching
Mayorkas has picked up prominent GOP backers in recent days, including
Majority Whip Tom Emmer (R-Minnesota) and Rep. Tony Gonzales
(R-Texas).Â
**Senate Debates Deal Trading Border Policy for Ukraine Aid**A
bipartisan group of senators is working through the Thanksgiving break
to try to negotiate a deal trading border policy changes for aid to
Ukraine in its war against Russian invasion, the Washington Post
reported.Â
"I'm told that whereas over the weekend things looked very bleak,
there are new signs of life today,"Â Sen. Susan Collins (R-Maine) said
last week.Â
Republicans are threatening to block aid to Ukraine unless the funding
is paired with border security policy changes. Over the weekend, both
Democratic and Republican senators confessed
to their foreign allies at the Halifax International Security Forum that
assistance for Ukraine would only come if Congress can reach a deal on
the U.S.-Mexico border.Â
Bipartisan
groups of lawmakers have tried to strike a deal on immigration and
border security for years now. Those efforts have ultimately failed. But
the growing sense of urgency to pass aid for Ukraine and Israel is
adding pressure to reach a compromise.
Many of the initial requests Republicans made on border and immigration
policy wouldinvolve lasting changes
to U.S. law by restricting asylum and hampering the executive branch's
parole authority.
 "We've got to be prepared to say: 'Before we get to Israel, before
we get to Ukraine, we're going to have a discussion about [the
border],'" said Sen. Thom Tillis
(R-North Carolina). "We can hold up that spending bill."
In the meantime, Congress averted a government shutdown
by passing a laddered continuing resolution last week. Funding for
certain programs will expire on January 19, while the rest of the
government will be funded through February 2.
**Biden, López Obrador Recommit to Border Cooperation as Venezuelan
Border Crossings Decline Amid Deportations **On November 17, President
Joe Biden and Mexican President Andrés Manuel López Obrador were
complimentary of one another as they recommitted to addressing fentanyl
trafficking and migration to the United States by working together.Â
The presidents' comments came amid increasing pressure on the Biden
administration to rein in migration along the U.S.-Mexico border, as
people from around the world arrive in search of safety and
opportunity.Â
In October, Border Patrol documented 188,778 migrant encounters