Legislative Bulletin

 

 

Hello y'all,

The National Immigration Forum's Legislative Bulletin for Friday,
January 5, 2024, is now posted.

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

All the best,

Ally 

**LEGISLATIVE BULLETIN - Friday, January 5, 2024**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 Incentivizes CBP One Appointments Amid Record
Migrant Encounters **In December, U.S. Customs and Border Protection
(CBP) documented over 300,000 migrant encounters - a record high
- at the United States' southern border, early reports on
preliminary monthly data suggest. 

U.S. Border Patrol apprehended around a quarter of a million people who
crossed without authorization, while roughly 50,000 more newcomers were
set to be processed at official ports of entry, CBS News reported on
December 31
.

All told, around 302,000 migrant encounters took place at the
U.S.-Mexico border last month, according to ABC News

and Fox News
.
Yet recently, a "pretty significant reduction in border crossings" has
occurred, one administration official said
,
easing the pressure on border authorities who just a few weeks ago had
been struggling to keep up with over 10,000 daily encounters. 

Meanwhile, the Biden administration is trying to incentivize migrants
and asylum seekers to hunker down in Mexico and wait for an appointment
through the federal government's CBP One app instead of crossing the
border irregularly, using quicker work authorization as a draw. In
Brownsville, El Paso, and San Ysidro, U.S. Citizenship and Immigration
Services (USCIS) is hosting a pre-registration program

for people who enter through CBP One to learn about work authorization
and secure work permits, with many actually receiving their employment
ID cards in as little as four weeks. 

"It's a game changer," Kari Lenander, executive director of Border
Servant Corps, told USA Today
. 

Biden officials are also working with their Mexican counterparts to
address the increase in migrant arrivals, after a meeting

between Mexican President Andrés Manuel López Obrador, U.S. Secretary
of State Antony Blinken, and U.S. Homeland Security Secretary Alejandro
Mayorkas last month was deemed "productive" and yielded nondescript
"important agreements." 

Mexican officials will come

to D.C. this month to further discuss migration. But López Obrador has
also suggested that U.S. policymakers should focus on helping the
region's poor "instead of putting up barriers, barbed wire fences in
the river, or thinking about building walls."

**Senate Negotiations Over Border-Ukraine Compromise Continue During
Holiday Recess **On January 3, Sen. Kyrsten Sinema (I-Arizona) said
that a bipartisan group of Senate negotiators were "closing in
"
on a new border security compromise, even as many House Republicans
signaled they would reject any deal that did not resemble the draconian
restrictions in their signature border proposal, H.R. 2
. 

Sinema said that it would be "reasonable" to share details of a package
when her Senate colleagues return from the holiday recess next week,
while Sen. Chris Murphy (D-Connecticut) - another lead negotiator -
said that the bipartisan group

has now reached "the point where we're working through text."

But while the senators have been trying for weeks to land a deal that
could secure aid for Ukraine in its war against Russia in exchange for
controversial new border restrictions, some House GOP members have
recently started to move the goalpost, demanding border security changes
to avoid a
looming government shutdown instead. 

That, in turn, has prompted Homeland Security Secretary Alejandro
Mayorkas to caution

that "this is all about solutions, not making the problem worse by
taking away the funding that our public servants rely on to do their
work in the service of the American people."

At the same time, House Speaker Mike Johnson has effectively taken a
position of H.R. 2 or bust
,
making potential aid to Ukraine contingent on passing sweeping
legislation that's a non-starter for the Democratic-controlled Senate
and White House. Johnson was among the more than 60 House Republicans
who visited

the border town of Eagle Pass, Texas, on Wednesday, as the GOP
increasingly spotlights migration as an issue going into this year's
elections. 

Some politicians have gone so far as to say they're unlikely to
support any border bill that could let President Joe Biden score a
win. 

"Let me tell you, I'm not willing to do too damn much right now to
help a Democrat and to help Joe Biden's approval rating," Rep. Troy
Nehls (R-Texas) told CNN
.
"I will not help the Democrats try to improve this man's dismal
approval ratings. I'm not going to do it. Why would I?"

Even in the Senate, reports suggest that any compromise will focus
almost exclusively on enforcement, without addressing the critical need
for more humane, orderly immigration pathways. That restrictions-only
approach could not only hurt migrants, but also the U.S. economy,
experts warn. 

"As border security negotiations continue

in Congress, our leaders have the choice to deliver solutions that not
only strengthen our national security but also meaningfully address
labor challenges - starting with expanding channels for legal
immigration," Stephanie Martz, chief administrative officer and general
counsel at the National Retail Federation, wrote in the Messenger
. 

"Our economy remains resilient largely because of the contributions of
immigrants. But without an expansion of safe and legal migration
channels, our economy could fall short. Congress must address the need
to expand legal migration and increase employment-based immigration.
That would relieve pressure in the supply chain and help American
businesses reach their full potential." 

****Legal****

**DOJ Sues Over Texas's S.B. 4 **On January 3, the Department of
Justice (DOJ) made good

on its earlier threat

to sue Texas over S.B. 4
,
a new state law set to go into effect on March 5 that would create
state-level crimes for irregular border crossings and allow state judges
to approximate deportation orders. 

S.B. 4's provisions "intrude on the federal government's exclusive
authority to regulate the entry and removal of noncitizens, frustrate
the United States' immigration operations and proceedings, and
interfere with U.S. foreign relations," the DOJ's complaint argued
. 

It's "clearly unconstitutional," said

Associate Attorney General Vanita Gupta, in part because Texas "cannot
adopt immigration laws that interfere with the framework enacted by
Congress." 

S.B. 4 is also facing a legal challenge

from El Paso county and the pro-immigration organizations Las Americas
Immigrant Advocacy Center and American Gateways, with legal support

from the American Civil Liberties Union, the ACLU of Texas, and the
Texas Civil Rights Project. Meanwhile, it's already stoking fear

and distrust of law enforcement among Texas's immigrant communities,
while drawing comparisons

to Arizona's former "show me your papers" policy that led to
widespread racial profiling against Latinos. 

In fact, even before the new law takes effect, U.S. citizens along the
Texas-Mexico border say they've been swept up and wrongfully targeted
by Texas Gov. Greg Abbott's (R) yearslong border crackdown, Operation
Lone Star. In a new report, NPR member station KTEP

shares how - on the way home from visiting relatives in Mexico -
Gerardo Ayala's Chevy was boxed in and rammed by two unmarked trucks.
Then, men in tactical vests pointed semi-automatic rifles at his family
- him, his wife, their 13-year-old daughter, and her grandmother. 

"When they started coming out with their guns, the first thing I did was
look back, you know, to my daughter and my mom," said Alejandra Lopez,
Ayala's wife. "I mean, they were the first things that I thought
about. I saw her little face scared. I had never seen her face so
scared."

Ayala is already raising alarms about the potential dangers of S.B. 4.
"How is this not going to affect us?" he asked. "It's going to affect
every single individual here in the borderland, everyone."

Separately, the DOJ has sparred with Abbott's administration over
whether Border Patrol agents can remove razor wire placed by the state
along the Rio Grande to deter migration. On Tuesday, the department

asked the Supreme Court to intervene after a federal appeals court
blocked U.S. immigration officials from cutting through the hazards.

"Like other law-enforcement officers, Border Patrol agents operating
under difficult circumstances at the border must make context-dependent,
sometimes split-second decisions about how to enforce federal
immigration laws while maintaining public safety," DOJ officials argued.
"But the injunction prohibits agents from passing through or moving
physical obstacles erected by the State that prevent access to the very
border they are charged with patrolling and the individuals they are
charged with apprehending and inspecting."

**Biden Administration Creates Specialized Dockets for Children and
Teens **On December 21, U.S. Immigration and Customs Enforcement

(ICE) and the Executive Office for Immigration Review
(EOIR) announced
that they had created specialized dockets to more effectively safeguard
vulnerable youth who are navigating the U.S.'s byzantine immigration
system. 

Through juvenile dockets in 49 immigration courts nationwide, federal
officials will now try to more effectively detect child exploitation or
human trafficking concerns and help eligible kids and teens access
pathways to safety. 

"Juvenile points of contact will be trained to recognize common
indicators of these crimes in order to seek engagement by our ICE
colleagues to provide protection and support to these children when
needed, while ensuring fair adjudication of their cases before the
court," ICE Principal Legal Advisor Kerry E. Doyle said in a
statement. 

"This new initiative is for the well-being of children throughout their
immigration proceedings."

A related EOIR memorandum
similarly provides
immigration judges with general guidelines on how to engage with
children in their courts, including by facilitating counsel, telling
kids about any legal relief for which they may qualify, and using
child-appropriate language during opening statements. 

Advocates say the new dockets are a step in the right direction toward
protecting young migrants. 

"The U.S. immigration court system is fundamentally designed for adults,
not children," Jason Boyd, senior director of policy at Kids in Need of
Defense
,
told KERA
.
"Historically, it has failed to take proper account of unaccompanied
children's unique vulnerabilities."

****State and Local****

**Migrants Take Trains From New Jersey to Circumvent New York Mayor's
Bussing Restrictions Amid New Lawsuit **On January 4, New York sued
17
transportation companies for over $700 million

in damages around the costs of caring for migrants brought to the city
through Texas Gov. Greg Abbott's (R) bussing scheme. 

"Gov. Abbott's continued use of migrants as political pawns is not
only chaotic and inhumane, but makes clear he puts politics over people.
Today's lawsuit should serve as a warning to all those who break the law
in this way," New York Mayor Eric Adams (D) said
. 

The lawsuit comes shortly after Adams implemented a new emergency
executive order that imposes new rules on charter bus companies carrying
migrants, including setting time limits around when buses are allowed to
arrive and requiring manifests with passenger details.

Some buses have seemingly tried to circumvent the restrictions by
dropping off migrants bound for New York City in New Jersey instead,
where they've been met with an icy welcome. According to the
Associated Press
,
Edison Mayor Sam Joshi has threatened "to charter a bus to transport the
illegal migrants right back to the southern Texas/Mexican border."
Similar confrontations are taking place in Chicago suburbs, where
interstate signs read "NO MIGRANT BUSES THIS EXIT."

By contrast, in Erie, Pennsylvania, Mayor Joe Schember is urging

more immigrants to come, in part to work and bolster the community's
diversity. "We have a lot of companies, nonprofits, that work on this.
We have some government agencies that support this as well and help
people get settled, both state and local individuals," he said. 

"We can of course always use more, but we're very proud of what we've
got to let people, help people settle in and become part of Erie."

**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 is expected to be in
session from Monday, January 8 through Friday, January 12, 2024.

The U.S. House of Representatives is expected to be in session from
Tuesday, January 9 through Friday, January 12, 2024.

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

**Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has
Impacted the States**

**Date:**Wednesday, January 10, 2024 at 10:00 a.m. EST (House Homeland
Security)

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

**Witnesses:**TBA

****The Impact of Illegal Immigration on Social Services****

**Date:**Thursday, January 11, 2023 at 10:00 a.m. EST (House Judiciary)

**Location:**TBA

**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.

**Congressional Research Service (CRS):****Temporary Protected Status
and Deferred Enforced Departure**

**; Published December 11, 2023**This CRS report provides an overview of
TPS and DED. According to the report, there are currently 16 countries
under TPS designations. As of September 30, 2023, approximately 697,530
foreign nationals from the following countries who were living in the
United States were protected by TPS: Afghanistan, Burma, Cameroon, El
Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South
Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. Certain Liberians
and residents of Hong Kong living in the U.S. currently maintain relief
under DED.

**Congressional Research Service (CRS):****Permanent Employment-Based
Immigration: Labor Certification and Schedule A**

**; Published December 20, 2023**This CRS report provides an overview of
labor certification and Schedule A. The INA's labor certification
provisions require employers to demonstrate that there are insufficient
U.S. workers and that the foreign national's employment will not
adversely affect wages and conditions for similar U.S. workers. DOL
implements this process through the Program Electronic Review Management
(PERM) labor certification managed by DOL's Employment and Training
Administration (ETA). Schedule A is a list of occupations for which DOL
has pre-certified the existence of a national labor shortage, and for
which labor certification is not required.

**U.S. Immigration and Customs Enforcement (ICE);****ICE Annual Report**

**; Published December 29, 2023**This report details the operations of
ICE's directorates during the 2023 fiscal year, when the agency
removed over 142,000 noncitizens and was detaining nearly 37,000 people
at the end of September. 

**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: 

**Environmental Migration: Finding Solutions for the 21st Century**
This
new paper explores environmental migration as a potential method of
adaptation. First, it analyzes environmental migration as a phenomenon,
focused on some of the nuances that make weather- and climate-related
forces complicated yet influential factors in the decision to move.
Then, it considers existing international mechanisms and U.S. laws that
could potentially relate to environmental migration. It briefly
discusses how immigrant and diasporic communities are especially
vulnerable to environmental harms, even after they have already
migrated. Finally, it concludes with policy recommendations on how the
U.S. (and other countries) could effectively respond to environmental
migration in the 21st century.  

**Parole in Place: A Possibility for Administrative Protection**
This
paper explores parole in place as a potential tool to provide
undocumented people with access to temporary protections in the United
States. 

**Bill Analysis: The Secure the Border Act of 2023**
H.R.
2 would severely restrict the right to seek asylum in the U.S., 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.

* * *

*This Bulletin is not intended to be comprehensive. Please contact
Alexandra Villarreal, Senior 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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