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Hello all,
The National Immigration Forum's Legislative Bulletin for Friday, February 16, 2024, is now posted.
You can find the online version of the bulletin here: https://immigrationforum.org/article/legislative-bulletin-friday-february-16-2024/
All the best,
Arturo
LEGISLATIVE BULLETIN - Friday, February 16, 2024
DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
BILLS INTRODUCED AND CONSIDERED
LEGISLATIVE FLOOR CALENDAR
UPCOMING HEARINGS AND MARKUPS
GOVERNMENT REPORTS
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
DEVELOPMENTS IN IMMIGRATION POLICY 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
US Senate Passes Emergency Aid Package Without Immigration or Border Security Provisions
On February 13, the U.S. Senate voted 70-29 to pass a $95.3 billion dollars emergency aid legislation that would provide $60 billion dollars for Ukraine's defense, $14 billion dollars for Israel, and $10 billion for humanitarian aid, including for civilians in Gaza.
The bill passed one week after the Senate blocked a bipartisan compromise tying border policy changes and foreign aid that was months in the making. That legislative package included significant changes to border security in the United States, such as a new expulsion authority at the U.S.-Mexico border and provisions to heighten the standard for people to qualify for asylum. But with the House showing no appetite to take up the bill by stipulating it was not tough enough — and amid pressure from the former president, Donald Trump, to oppose the package — the vast majority of Republican senators voted "no" on the compromise they had once requested.
On February 12, Senators Amy Klobuchar (D-Minnesota) and Jerry Moran (R-Kansas) introduced an amendment to the national security supplemental package to provide a path to permanent residency for Afghan allies who supported the United States mission in Afghanistan. However, the final bill did not include the proposed amendment or any other amendments related to immigration.
After passing the Senate, the foreign aid bill was sent to the House of Representatives for their deliberation. House Speaker Mike Johnson (R-Louisiana) criticized the Senate bill for lacking border enforcement provisions – despite opposing the Senate's bipartisan compromise on border changes last week – and indicated the supplemental is unlikely to get a vote in its current form. In response, some House Democrats and Republicans voiced openness to using a discharge petition to circumvent House leadership and move forward with the national security funding package.
In a statement, President Biden applauded "the bipartisan coalition of Senators who came together to advance this agreement" and urged the House to take action and send this bipartisan legislation for his signature.
House of Representatives Impeach Secretary of Homeland Security Alejandro Mayorkas
On February 13, the House of Representatives voted 214-213 to impeach Secretary of Homeland Security Alejandro Mayorkas. The impeachment — opposed by all Democrats and three House Republicans — charged him with willfully refusing to enforce immigration laws and court rulings around migrant detention. The vote
came one week after the House failed to impeach Secretary Mayorkas by a 216-214 vote.
The impeachment — a process reserved for high crimes and misdemeanors — was criticized by national security leaders and legal scholars as an attempt to resolve a policy dispute with a constitutional punishment. Impeaching a cabinet secretary is rare, with Secretary Mayorkas becoming the first cabinet
secretary to be impeached since 1876.
In a statement, President Biden condemned the impeachment as a "blatant act of unconstitutional partisanship that has targeted an honorable public servant." The rare charges against Secretary Mayorkas are expected to be rejected in the Democratic-led Senate, where a conviction would require a two-thirds majority. According to reports, the House is expected to deliver the impeachment articles to the Senate in the last week of February.
Border Encounters Between Ports of Entry Dropped by 42% in January
On February 13, U.S. Customs and Border Protection (CBP) announced a 42% decrease in border encounters in January compared to December. The agency registered 176,205 encounters, which include 124,220 encounters between ports of entry and 51,985 with individuals who presented themselves at ports of entry.
Among those encounters at ports of entry, around 45,000 individuals were processed after booking their appointment through CBP One. This mobile app allows asylum seekers to make appointments for a date and location where they can be admitted into the U.S. and effectively begin their asylum request process. The agency highlighted that CBP One has received 64.3 million applications since its launch in January of 2023, benefitting over 450,000 users who have been admitted into the U.S. since then. However, the number of requests does not represent unique individuals since individuals must make repeated attempts to schedule an appointment.
CBP also stated that over 357,000 Cubans, Haitians, Nicaraguans, and Venezuelans have been granted humanitarian parole since the administration announced a parole process for these countries in January of 2023. Specifically, over 74,000 Cubans, 138,000 Haitians, 58,000 Nicaraguans, and 86,000 Venezuelans have been paroled into the United States in the last 13 months.
Notably, the number of encounters at the U.S.-Canada border increased in 2023. Officials at the northern border recorded 191,603 encounters in 2023, a 41% increase from 2022. Over 12,200 people were apprehended crossing between ports of entry from Canada last year – a 241% increase from the 3,578 encounters the previous year.
USCIS Reduces Backlogs by 15%, Mostly Gets Rid of Naturalization Backlog
On February 9, U.S. Citizenship and Immigration Services (USCIS) reported that in Fiscal Year 2023, the agency reduced its backlog for the first time in over a decade. In its report, USCIS highlighted that it completed more than 10 million pending cases last year. In doing so, the agency reduced overall backlogs by 15%.
Among the most notable achievements of last year was that USCIS administered the Oath of Allegiance to 878,500 new U.S. citizens, including 12,000 members of the military, effectively eliminating the backlog of naturalization applications. In addition, the median processing time for naturalization applicants decreased from 10.5 months to 6.1 months.
USCIS also highlighted that with the help of the State Department, the U.S. issued more than 192,000 employment-based immigrant visas. Last year, the agency also increased the maximum validity period of Employment Authorization Documents (EADs) to five years for adjustment of status applicants.
Finally, USCIS noted that last year, the agency interviewed over 100,000 refugee applicants – more than double the amount completed in the previous fiscal year – resulting in the admission and resettlement of over 60,000 refugees. In addition, USCIS completed more than 52,000 asylum cases and d 146,000 credible fear and reasonable fear screenings of individuals encountered at the border.
Biden Administration Grants Deferred Enforcement Departure for Certain Palestinians
On February 14, President Biden granted Deferred Enforcement Departure (DED) for certain Palestinians residing in the United States. The 18-month-long DED will allow the beneficiaries to stay and work temporarily in the country.
DED is a temporary, discretionary, administrative stay of removal granted to immigrants from a few designated countries. Unlike TPS, a DED designation emanates from the President's constitutional powers to conduct foreign relations.
State and Local
Virginia Senate Passes Bill That Would Allow DACA Recipients to Become Police Officers
On February 13, the Virginia Senate passed a bill that would enable Deferred Action for Childhood Arrivals (DACA) recipients to apply for city or county law enforcement jobs. DACA provides protection against deportation for people who arrived in the U.S. before the age of 16 and who have lived in the U.S. continuously since at least 2007. There are currently about 600,000 recipients in the U.S.
The bill was sent to the Virginia House of Delegates for deliberation. If approved by the House of Delegates, it would need to be signed by Republican Governor Glenn Youngkin before becoming law.
Other states, including California, Colorado, and Illinois, have already approved legislation allowing noncitizens authorized to work in the U.S. to become police officers.
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.
The Human Rights Defenders Protection Act of 2024
This bill would create a new, limited visa category for human rights defenders. Its House companion, H.R. 7175, was introduced by Rep. Jim McGovern (D-Massachusetts).
Sponsored by Sen. Benjamin Cardin (D-Maryland) (7 cosponsors – 0 Republicans, 7 Democrats)
01/31/2024 Introduced in the Senate by Sen. Benjamin Cardin
01/31/2024 Referred to the Senate Committee on Foreign Relations
The Jalisco Cartel Neutralization Act
Among various provisions, the bill would deny and cancel visas to individuals associated with the Jalisco Cartel. Its House companion, H.R. 7313, was introduced by Rep. Morgan Luttrell (R-Texas).
Sponsored by Sen. Tom Cotton (R-Arkansas) (0 cosponsors)
02/08/2024 Introduced in the Senate by Sen. Tom Cotton
02/08/2024 Referred to the Senate Committee on Armed Services
The Keeping International Land Ports of Entry Open Act
This bill would prohibit transferring U.S. Customs and Border Protection (CBP) staff from land ports of entry (POEs) unless they are not needed to process trade at the POE, they will be immediately replaced, or they are needed to secure the Southwestern border (SWB) through physical detentions.
Sponsored by Sen. Ted Cruz (R-Texas) (4 cosponsors – 4 Republicans, 0 Democrats)
02/11/2024 Introduced in the Senate by Sen. Ted Cruz
02/11/2024 Referred to the Senate Committee on Homeland Security and Governmental Affairs
Defend Our Borders from Armed Invaders Act
This bill would authorize the National Guard to use force to repel anyone crossing the border from Mexico who clearly possesses a weapon.
Sponsored by Rep. Morgan Luttrell (R-Texas) (6 cosponsors – 6 Republicans, 0 Democrats)
02/01/2024 Introduced in the House by Rep. Morgan Luttrell
02/01/2024 Referred to the House Committees on Armed Services and the Judiciary
HIDTA Reauthorization Act of 2024
This bill would allocate roughly $300 million to "reform and reauthorize" the High Intensity Drug Trafficking Area (HIDTA) Program, administered by the Office of National Drug Policy Control (ONDPC), including requiring the ONDPC strategy to include intelligence sharing with immigration authorities and requiring the ONDPC to report yearly to Congress on this intelligence sharing.
Sponsored by Rep. John Duarte (R-California) (12 cosponsors – 9 Republicans, 3 Democrats)
02/01/2024 Introduced in the House by Rep. John Duarte
02/01/2024 Referred to the House Committees on Oversight and Accountability and the Judiciary
The No Visas for Antisemitic Students Act
This bill would instruct the Secretary of State to revoke visas of foreign students who engage in antisemitic behavior.
Sponsored by Rep. Nicole Malliotakis (R-New York) (2 cosponsors – 2 Republicans, 0 Democrats)
02/05/2024 Introduced in the House by Rep. Nicole Malliotakis
02/05/2024 Referred to the House Committee on the Judiciary
American Land and Property Protection Act
This bill would prevent people and entities from Cuba, China, Russia, Iran, North Korea, and Venezuelan politician Nicolás Maduro from purchasing real estate in the U.S.
Sponsored by Rep. Mark Alford (R-Missouri) (7 cosponsors – 7 Republicans, 0 Democrats)
02/06/2024 Introduced in the House by Rep. Mark Alford
02/06/2024 Referred to the House Committee on Foreign Affairs
To amend the Homeland Security Act of 2002 to enhance the operations of U.S. Customs and Border Protection in foreign countries
Sponsored by Rep. Michael Guest (R-Mississippi) (1 cosponsors – 1 Republican, 0 Democrats)
02/09/2024 Introduced in the House by Rep. Michael Guest
02/09/2024 Referred to the House Committees on Homeland Security and Ways and Means
The Standing Up to the Executive Branch (SUE) for Immigration Enforcement Act
This bill would give state attorneys general standing to sue the federal government for money damages and injunctive relief in certain cases.
Sponsored by Rep. Dan Bishop (R-North Carolina) (7 cosponsors – 7 Republicans, 0 Democrats)
02/13/2024 Introduced in the House by Rep. Dan Bishop
02/13/2024 Referred to the House Committee on the Judiciary
The State Border Security Act
This bill would prevent the federal government from removing any physical barriers placed along the U.S. border unless the border was intended to "facilitat[e] unlawful immigration" instead of "deter[] unlawful immigration." The Senate companion to this bill, S. 3668, was introduced by Sen. J. D. Vance
(R-Ohio).
Sponsored by Rep. Matt Gaetz (R-Florida) (0 cosponsors)
02/13/2024 Introduced in the House by Rep. Matt Gaetz
02/13/2024 Referred to the House Committees on Homeland Security and the Judiciary
To amend the Immigration and Nationality Act to provide for the detention of certain aliens who commit robbery
Sponsored by Rep. Tom McClintock (R-California) (0 cosponsors)
02/13/2024 Introduced in the House by Rep. Tom McClintock
02/13/2024 Referred to the House Committee on the Judiciary
To direct the Attorney General, in coordination with the Secretary of Homeland Security, to report to the appropriate committees on encounters with covered aliens included in the terrorist screening database
Sponsored by Rep. Tom McClintock (R-California) (0 cosponsors)
02/13/2024 Introduced in the House by Rep. Tom McClintock
02/13/2024 Referred to the House Committees on the Judiciary and Homeland Security
The Detain and Deport Illegal Aliens Who Assault Cops Act
This bill would require the detention and deportation of noncitizens who assault law enforcement officers.
Sponsored by Rep. Jeff Van Drew (R-New Jersey) (0 cosponsors)
02/13/2024 Introduced in the House by Rep. Jeff Van Drew
02/13/2024 Referred to the House Committee on Foreign Relations
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and U.S. House of Representatives are not expected to be in session the week of February 19, 2024.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
No hearings or markups are scheduled for the week of February 19, 2024.
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.
This HHS-OIG report indicates that in a significant percentage of cases in 2021, HHS did not properly vet or follow up with sponsors for unaccompanied migrant children, or document its work.
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:
Remaking USCIS: Supplementing a Fee-Funded Agency
This resource describes mounting backlogs and budget shortfalls at U.S. Citizenship and Immigration Services (USCIS), describes the impact of recent legislation designed to better fund USCIS, and concludes that additional appropriations will be necessary for USCIS to achieve its mission.
Border Security and Asylum Reform in the Emergency National Security Supplemental Appropriations Act, 2024: Bill Explainer
This explainer breaks down the major immigration and border policy changes in the bipartisan compromise that was defeated in the Senate last week.
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.
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*This Bulletin is not intended to be comprehensive. Please contact Arturo Castellanos-Canales, Policy and Advocacy Manager at the National Immigration Forum, with comments and suggestions of additional items to be included. Arturo can be reached at [email protected]. Thank you.
DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK
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