Legislative Bulletin

 

 

Hello y'all,

The National Immigration Forum's Legislative Bulletin for Friday,
January 26, 2024, is now posted.

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

All the best,

Ally 

**LEGISLATIVE BULLETIN - Friday, January 26, 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****

**Senate Negotiations Struggle With Presidential Politics **This week,
negotiations to trade immigration policy changes for more Ukraine aid
took a new turn as some Republicans are now backing down from supporting
a potential package amid pressure from the presumptive GOP presidential
nominee, Donald Trump, to maintain the status quo at the United
States-Mexico border as a campaign issue. 

"Politics on this have changed," Senate Minority Leader Mitch McConnell
(R-Kentucky) reportedly told

Republican senators, adding that they did not want to "undermine" Trump.
McConnelllater clarified

that he still personally backs a border security-Ukraine compromise. 

"There are some people that oppose the bill, based on the presidential
politics issue, rather than the crisis that's actually occurring at
the border," Sen. James Lankford (R-Oklahoma) - who has spearheaded
negotiations for the GOP - said candidly. 

The idea that the presidential race is playing such an outsized role in
a rare border deal - where Democrats are showing a willingness to
trade immigration restrictions without any major legalization provisions
for other immigrants already here and contributing - has irked some
in the Republican conference. 

"I think the border is a very important issue for Donald Trump. And the
fact that he would communicate to Republican senators and congresspeople
that he doesn't want us to solve the border problem because he wants
to blame Biden for it is really appalling," Sen. Mitt Romney (R-Utah)
said Thursday
. 

While bill text has not yet been publicly released, reports indicate a
deal would make it harder for people to seek asylum, create a new
expulsion authority much like the Title 42 public health order, and make
changes to the executive branch's parole authority, with very few
sweeteners for pro-immigrant individuals and groups. Still, it's
unclear that these restrictions would have their intended effect of
improving conditions at and control over the U.S.'s southern border.

**Mayorkas Impeachment Push Proceeds**On January 30
,
the House Committee on Homeland Security will consider impeachment
articles against Homeland Security Secretary Alejandro Mayorkas, after
just two hearings earlier
this month as part of the proceedings to remove

the Biden administration official for "high crimes and misdemeanors."

"The final remedy for dealing directly with Secretary Mayorkas'
willful and systemic disregard for the rule of law is impeachment,"
House Homeland Security Chairman Mark E. Green (R-Tennessee) said in a
statement . "After three years of
this crisis and a year of investigations and proceedings, we must move
forward with accountability."

Yet legal scholars, conservative commentators, and other experts have
thrown cold water on some lawmakers' arguments for impeachment - a
punishment that has not been used against a cabinet member since the
1870s, and which is usually reserved for misbehavior far beyond simple
policy disagreements. 

"Initiating such proceedings not only threatens to undermine national
security but sets a perilous precedent that could have dire implications
for the stability of our government," over two dozen national security
leaders said in a letter

last week. 

****Legal ****

**Abbott Remains Defiant After SCOTUS Sides With Biden Administration on
Concertina Wire**On January 24, Texas Gov. Greg Abbott (R) argued

that his "invasion" declaration
from last
fall "is the supreme law of the land and supersedes any federal statutes
to the contrary," raising concerns over a potential constitutional
showdown two days after the Supreme Court sided with federal officials
in one of several legal battles between the Lone Star state and the
Biden administration. 

In a 5-4 decision, the high court approved the federal government's
emergency request to empower border agents to remove dangerous
concertina wire placed along the Rio Grande by Texas, even as the
state's leadership complained that such actions amounted to
destruction of property. The case is headed for
arguments
next month in front of the Fifth Circuit, which had previously issued an
injunction

to keep Border Patrol from cutting through the barriers as litigation
proceeded. 

"This is not over," Texas Gov. Greg Abbott (R) wrote
on social
media, while the Texas Military Department posted an image
online of
Texas National Guard soldiers blocking the international crossing with
concertina wire. 

The court decision comes after a Mexican mother and her two children

drowned trying to reach the U.S. near Shelby Park in Eagle Pass - and
after the Texas National Guard reportedly denied

Border Patrol access to that area of the border, preventing them from
trying to save the vulnerable family. The state has seized the
section
of Eagle Pass around the park and has started arresting migrants for
criminal trespassing, all while allegedly
keeping Border Patrol from
entering. 

On Tuesday, the Department of Homeland Security (DHS) insisted
in a letter for Texas to
stop restricting U.S. Border Patrol's access to Shelby Park. But reports
indicate

that Texas National Guard members and state troopers are still blocking
Border Patrol from reaching most of it, while the Texas Military
Department's leader has said that Texas's troops will repair any
barriers federal officials remove.

Meanwhile, in a separate court case, the Fifth Circuit has said it will
rehear the Department of Justice's challenge against Texas's
controversial border buoys through en banc consideration in May. In the
meantime, the floating barriers may remain in place. 

The mounting conflicts between the Biden administration and the Texas
government come as Abbott's Operation Lone Star reaches a fever pitch,
with a new state law creating criminal penalties for irregular migration
set to take effect in March
.
Earlier this month, Abbott came under fire for saying

that "the only thing we are not doing is we're not shooting people who
come across the border, because, of course, the Biden administration
would charge us with murder."

****State and Local****

**Chicago Warns of Unsafe Weather, New York Implements Curfews as Cities
Ask for Funding Flexibility**In recent weeks, newcomers have continued
to go to Chicago as Texas Gov. Greg Abbott (R) has rejected pleas to
discontinue migrant transports to the city, despite icy winter weather
that officials have warned puts people's safety at risk. 

"Here in Illinois, it's minus-29 degrees outside with the wind chill.
We have migrants that arrive from Texas, virtually every day, hundreds,
and we don't have places to put them," Illinois Gov. J.B. Pritzker (D)
said recently
. 

"When we've asked him (Abbott) to stop sending people because of the
weather, because of the dangerous nature of this winter storm that
we're experiencing now, he's refused to stop sending them."

Instead, a Texas bus company that has faced financial consequences for
defying a new Chicago traffic ordinance ensuring a more orderly process
for dropping off migrants has sued

the city, arguing that the restrictions are unconstitutional because
immigration is a federal responsibility - a true sentiment, but one
that rings ironic coming from a business working with Abbott's
yearslong campaign to co-opt border security as a state issue. 

Meanwhile, officials in Chicago and New York are asking the federal
government for more leniency

on reimbursements for migrants' shelter and care costs, after they
failed to collect identification numbers they didn't know they needed.

"Private information is not necessarily something every migrant is
willing to give to us," Chicago Budget Director Annette Guzman told
Politico
.
"There's a sense of fear in how it's going to be used."

Elsewhere in New York, some migrant shelters have started imposing
curfews

from 11 p.m. to 6 a.m., with exceptions for people who have work,
travel, or other specific commitments and needs. 

**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 Tuesday, January 30 through Friday, February 2, 2024.

The U.S. House of Representatives is expected to be in session from
Monday, January 29 through Thursday, February 1, 2024.

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

**H.R. 5585 - Agent Raul Gonzalez Officer Safety Act; H.R. 6976 -
Protect Our Communities from DUIs Act; H.R. 6678 - Consequences for
Social Security Fraud Act; H.R. 6679 - No Immigration Benefits for
Hamas Terrorists Act**

**Date:** Monday, January 29, 2024 at 4:00 p.m. EST (House Rules)

**Location:**H-313, Capitol, Washington, D.C.

**Related Items:**H.R.5585
, H.R.
6976 ,
H.R. 6678
, H.R.
6679  

**The Southern Border Crisis: The Constitution and the States**

**Date:** Tuesday, January 30, 2024 at 10:00 a.m. EST (House
Judiciary) 

**Location:**2141 Rayburn House Office Building, Washington, D.C.

**Witnesses:**TBA

**Res. 863, , Impeaching Alejandro Nicholas Mayorkas, Secretary of
Homeland Security, for high crimes and misdemeanors**

**Date:** Tuesday, January 30, 2024 at 10:00 a.m. EST (House Homeland
Security)

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

**Related Item:**H. Res. 863

**Business Meeting**

**Date:**Wednesday, January 31, 2024 at 10:15 a.m. EST (Senate Homeland
Security and Governmental Affairs)

**Location:**562 Dirksen Senate Office Building, Washington, D.C.

**Related Items:**H.R.2379
, H.R.292
, H.R.3944
, H.R.996
, S.1524
, S.2143
, S.2274
, S.2367
, S.2717
, S.3015
, S.3139
, S.3267
, S.3357
, S.3419
, S.3558
, S.3594
, S.3613
, S.3626
, S.3635
, S.3639
, S.3640

**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.

**DHS Office of Inspector General (DHS OIG);****Summary of Previously
Issued Recommendations and Other Insights to Improve Operational
Conditions at the Southwest Border**

**; Published January 9, 2024**In response to a dramatic uptick in
migrant encounters at the southwest border in recent years, this report
summarizes common deficiencies identified by the OIG to inform current
and future Department of Homeland Security (DHS) practices.

**DHS Office of Inspector General (DHS OIG);****Summary of Selected DHS
Components That Did Not Consistently Restrict Access to Systems and
Information**

**; Published January 11, 2024**This report uses information from
previous audits to identify access control deficiencies and security
issues with the Department of Homeland Security's (DHS) information
technology procedures.

**Congressional Research Service (CRS);****Immigration Legislation and
Issues in the 118th Congress**

**; Published January 16, 2024**This report covers legislation related
to immigration that has been enacted, passed by the House or Senate, or
reported by a committee during the first part of this Congress.

**DHS Office of Inspector General (DHS OIG);****ICE Major Surgeries Were
Not Always Properly Reviewed and Approved for Medical Necessity**

**; Published January 23, 2024**This report describes how U.S.
Immigration and Customs Enforcement's (ICE) Health Service Corps
(IHSC) sometimes greenlit major surgeries without following the proper
process. In particular, the analysis suggests that several
hysterectomies were done despite the detainees' medical files not
supporting the procedure. 

**U.S. Government Accountability Office (GAO);****U.S. Ports of Entry:
Update on CBP Public-Private Partnerships**

**; Published January 24, 2024**This report details U.S. Customs and
Border Protection's (CBP) public-private partnerships through the
Reimbursable Services Program (RSP) and the Donations Acceptance Program
(DAP), including how CBP is using funding from the agreements.

**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: 

**Statement for the Record - The House Committee on the Judiciary
Hearing on "The Impact of Illegal Immigration on Social Services"**
First,
this statement provides a brief overview of immigrants' access to
federal public benefits - or lack thereof - with a focus on
unauthorized immigrants and noncitizens in legal limbo. Then, it
discusses how state and local governments - alongside good
Samaritans and direct service providers - have carried much of the
responsibility for supporting newcomers in their communities. Next, it
looks at how unauthorized immigrants contribute to the U.S., in return
for the chance to live and work here. Finally, it ends with policy
recommendations that lawmakers can implement to more proactively respond
to both the U.S.'s needs and the needs of migrants today.  

**Explainer: Asylum Backlogs**
This
explainer details how an ever-shifting policy landscape and extensive
backlogs impact theasylum process
in
the United States. It describes what asylum is, how people apply, why
such cumbersome backlogs exist, and what can be done in terms of
solutions.   

**Schedule A: The Solution to Expedite the Hiring of Essential Immigrant
Workers by Skipping the Burdensome Labor Certification Process**
Updating
Schedule A is a simple yet valuable alternative for the Biden
administration to create a less bureaucratic environment for many
employers who are struggling to hire workers. This explainer describes
the labor certification process and explains the reasons behind calls to
update the Schedule A list to include more occupations. 

* * *

*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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