Legislative Bulletin

 

 

Hello y'all,

The National Immigration Forum's Legislative Bulletin for Friday,
February 23, 2024, is now posted.

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

All the best,

Ally 

**LEGISLATIVE BULLETIN - Friday, February 23, 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****

**House Bipartisan Group Proposes Compromise for Supplemental National
Security Package **On February 15
,
a bipartisan group of House members introduced a border and national
security bill as a counteroffer to the Senate-passed supplemental
package that would provide foreign aid to U.S. allies without making
changes to U.S. immigration laws. 

 The House compromise - backed by Republicans Brian Fitzpatrick
(Pennsylvania), Don Bacon (Nebraska), Michael Lawler (New York), Lori
Chavez-DeRemer (Oregon), and Doug Lamborn (Colorado) and Democrats Jared
Golden (Maine), Ed Case (Hawaii), Marie Gluesenkamp Perez (Washington),
Jim Costa (California), and Don Davis (North Carolina) - significantly
trims

spending by focusing on military-only help for Ukraine, Israel, and
Taiwan. 

The legislation would also

restart the Migrant Protection Protocols (MPP) - forcing asylum
seekers to remain in often dangerous situations in Mexico during their
U.S. immigration court adjudications - and generally require
expulsions for a year, among other extreme provisions that would gut the
U.S.'s asylum system. 

"We appreciate bipartisan efforts and solutions, but we have significant
concerns that this bill would cut off humanitarian protections and place
asylum seekers in danger without including workable alternative
pathways," said Jennie Murray
,
President and CEO of the National Immigration Forum.

The bill ventures to satisfy Speaker Mike Johnson's (R-Louisiana)
demand for aggressive border changes in any national security package
- just not those in the Senate immigration deal

tediously negotiated for months - as immigration increasingly becomes
a focal point of this year's election. 

"In these Senate and House races, my guess is both sides are going to
argue about who's the most in favor of securing the border. I think
that's what happened in New York," Senate Minority Leader Mitch
McConnell (R-Kentucky) told the Hill , referencing
Democrat Tom Suozzi's

recent victory in a special election. 

"But in the presidential race I think it's pretty clear the president
made a major, major mistake," he said. "And I think it will be a big
issue in his race."

Yet after the defeat of the Senate immigration deal - which included
sweeping restrictions in exchange for small positive reforms, and which
died amid GOP opposition - Democrats are seeing an opportunity to flip
the script on border challenges. And, as further evidence that some
Republicans only want to use border politics as an electoral talking
point but aren't invested in solutions, the Biden administration

is leaning into Homeland Security Secretary Alejandro Mayorkas'
impeachment as "petty partisan games."

"House Republicans will be remembered by history for trampling on the
Constitution for political gain rather than working to solve the serious
challenges at our border. While Secretary Mayorkas was helping a group
of Republican and Democratic Senators develop bipartisan solutions to
strengthen border security and get needed resources for enforcement,
House Republicans have wasted months with this baseless,
unconstitutional impeachment," DHS spokesperson Mia Ehrenberg said,
modeling how Democrats are going on the offensive when it comes to
immigration this election year. 

Meanwhile, whispers of a potential shutdown

are growing as Johnson walks a tightrope between trying to fund the
federal government and saving his own job as speaker, amid pressure from
the Freedom Caucus toforgo a deal with Democrats
. 

**Biden Weighs Further Executive Action Amid Congressional
Gridlock **With Congress largely out-of-play, widespread reports
indicate the Biden administration is mulling aggressive executive
actions to make it more difficult for asylum seekers to access
protection at the U.S.-Mexico border - despite a dearth of resources
and the promise of resulting lawsuits. 

For one, the administration is weighing

whether to ban migrants who cross between official ports of entry from
qualifying for asylum, potentially based on a trigger number of entries
over a certain period of time. To do so, President Biden may try to rely
on Section 212(f) of the Immigration and Nationality Act, which was
infamously deployed by his predecessor
to impose what critics
dubbed a Muslim ban. 

The Trump administration similarly tried to bar asylum between ports of
entry by invoking Section 212(f) alongside rulemaking. Biden, in turn,
has already used the
controversial INA provision to justify a number of more narrow
proclamations and executive orders. 

At the same time, the Biden administration is reportedly considering

whether to raise the initial screening standard for asylum seekers in
fast-tracked deportations - a change that's already been effectively
made once through the "Circumvention of Lawful Pathways" rule
,
which renders many migrants ineligible for asylum and subjects them to
higher eligibility thresholds. 

Another report suggests that U.S. Immigration and Customs Enforcement
(ICE) may follow a "last in, first out" policy

for deportations, so that the most recent arrivals are rapidly
repatriated.

On February 21, the State Department also announced

a new policy restricting visas for owners, executives, or senior
officials at transportation companies that carry unauthorized migrants
en route to the U.S. 

Taken together, the Biden administration's hawkish turn includes
soundbites and policy ideas eerily reminiscent of the Trump
administration, during an election year when Democrats have identified
public concerns over the border and immigration as a political
liability. 

Yet even as Biden considers sweeping, unilateral border changes, "no
executive action, no matter how aggressive, can deliver the significant
policy reforms and additional resources Congress can provide and that
Republicans rejected," argued

White House spokesperson Angelo Fernández Hernández. 

****Legal ****

**Texas, Biden Administration Battle Over Immigration Enforcement
Authority**On February 15, less than a month

before Texas's controversial Senate Bill 4 is slated to take effect, a
federal judge in Austin considered the new law's legality as the
federal government clashes with the state's GOP leadership over who
can detain and deport migrants at the U.S.'s southern border. 

While U.S. District Judge David Ezra expressed empathy

for Texas's struggles along its border with Mexico, he seemingly took
issue with the state's latest attempt to co-opt immigration
enforcement through SB 4, by allowing state officials to apprehend and
effectively remove migrants and asylum seekers who cross without
authorization. 

Ezra didn't buy Texas's characterization of large-scale humanitarian
migration as an "invasion," and he decried a potential patchwork of
inconsistent state interpretations around federal immigration laws as a
"nightmare." But even as he warned

that more care should have gone into the state law's drafting, he
promised both parties that he would rule as quickly as possible to allow
time for appeal. 

"I would not be surprised at all if this case finds its way to the
Supreme Court," he said
. 

Meanwhile, the Texas attorney general's office has picked a separate
legal fight with Annunciation House, an El Paso nonprofit that runs
shelters for migrants, in an attempt to shutter the organization.

Rep. Veronica Escobar (D-Texas) called

Annunciation House "a model of humanitarian support for decades" and
slammed the state's attack as "dangerous, hateful, and shameful."
Bishop Mark J. Seitz of the El Paso Catholic Diocese criticized

"an escalating campaign of intimidation, fear and dehumanization in the
state of Texas, one characterized by barbed wire, harsh new laws
penalizing the act of seeking safety at our border, and the targeting of
those who would offer aid as a response of faith."

"The Attorney General's illegal, immoral and anti-faith position to
shut down Annunciation House is unfounded," said

Ruben Garcia, the organization's director. "If the work that
Annunciation House conducts is illegal - so too is the work of our
local hospitals, schools, and food banks."

The two legal battles come as Texas forges ahead with its Operation Lone
Star campaign against irregular migration, including by transporting

more than 102,000 migrants to Democratic-led cities across the country
- at an over $148 million cost to taxpayers. Texas Gov. Greg Abbott
(R) has also announced

that the state will install a new military base in the Eagle Pass area,
to host as many as 2,300 National Guard soldiers as governors in other
states offer personnel reinforcements.

At the same time, Russia is reportedly preying

on these divisions between Texas and the federal government to foment a
disinformation campaign online and provoke further instability.

**Federal Judge Calls SCOTUS Opinion A 'Mess,' Sides With Florida**On
February 16, U.S. District Judge T. Kent Wetherell II ruled that Florida
still has standing to challenge the Biden administration's reliance on
alternatives to detention amid removal proceedings, despite a recent
Supreme Court precedent on a similar state challenge to federal
immigration enforcement that would suggest it doesn't. 

Wetherell called that Supreme Court decision - penned by Justice Brett
Kavanaugh, who like Wetherell was appointed by the former Republican
president, Donald Trump - "a bit of a jurisprudential mess that
raises more questions than it answers." 

The issue at hand involves what critics call a "catch and release"
policy, where many migrants and asylum seekers are not subjected to
prolonged detention while they pursue their cases in immigration court.
Despite the U.S. boasting the world's largest immigrant detention
system,

it simply does not have the capacity to detain the millions of people
who are currently undergoing backlogged adjudications.  

Even so, Wetherell said that "statutes mandating detention and
restricting release do not implicate principles of 'Executive Branch
enforcement discretion' or contravene any 'deeply rooted history of
enforcement discretion in American law.'" 

**New York City Voting Law Sustains Another Obstacle in Court**On
February 21, a New York City law that would expand local voting rights
to green card holders and noncitizens with federal work authorization
suffered

another blow when a state appeals court ruled that it would violate New
York's constitution and its Municipal Home Rule Law. 

It wasn't immediately clear whether Mayor Eric Adams's administration
- which has been championing the law - would appeal the latest
decision. But defenders of the policy decried the lawsuit as a
"shameful" way to "disenfranchise residents rather than promote a more
inclusive and participatory democracy."

"Immigrant New Yorkers deserve a say in how their local government
functions and spends their tax money, and we remain committed to
ensuring the expansion of voting rights," said Murad Awawdeh, executive
director of the New York Immigration Coalition. 

If effected, the law would let some noncitizens in New York City vote
for offices such as mayor and city council member. 

****State and Local****

**Chicago Wavers on Funding for Migrant Care Amid Vacuum of Federal
Aid **Illinois Gov. JB Pritzker (D) and Cook County Board President
Toni Preckwinkle (D) plan to pitch in

a combined $252 million to fund resources for many thousands of recent
arrivals in Chicago, as the federal government's inaction unloads
migrant care onto local and state officials across the country. 

But Chicago Mayor Brandon Johnson (D) has stirred frustration after he
reportedly backed out of a commitment to also contribute to the funding
package, with some community members questioning his dedication to the
cause.

"I really want to believe that there is nobody more committed to this
mission than Mayor Brandon Johnson. But of course, the money is really
where that rubber hits the road," said

volunteer Annie Gomberg. 

Some analysts posit Johnson's reluctance to devote more resources to
newcomers could be due to mounting pressure

from Chicago's Black community, who worry that they may in turn be
left high and dry. Reports also suggest Johnson could be hoping beyond
hope for long-sought relief from the federal government. 

Meanwhile, arrival numbers in the Windy City are down and Chicago
shelters are the least crowded

they've been since last November, with four facilities able to shut
down

completely. Even so, Johnson's shelter evictions loom large

for migrants who remain in the city's care. 

**State Lawmakers in Wisconsin Propose Legislation to Improve
Educational, Work Opportunities for Dreamers **Over the legislative
session, Wisconsin state lawmakers have been considering a bipartisan
push led by state Reps. John Macco

(R-Ledgeview) andSylvia Ortiz-Velez

(D-Milwaukee) that would help Dreamers access education and pursue
licensed professions in the state. 

"Wisconsin is facing a workforce shortage and a decline in enrollment
across our universities," Macco said
.
"DACA recipients are here... It's time to get out of their way and let
them get educated and contribute to the workforce."

Proposals include a tax credit
to help
alleviate the financial burden recipients of relief through the Deferred
Action for Childhood Arrivals (DACA) program must bear to file to
regularly renew their status. Otherbills
would
allow Wisconsin's DACA beneficiaries to qualify for in-state tuition
andlet
them pursue careers in fields such as nursing, teaching, or engineering.

**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, February 26 through Friday, March 1, 2024. 

The U.S. House of Representatives is expected not to be in session from
Monday, February 26 through Friday, March 1, 2024.

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

**Business meeting to consider the nominations of Julie A. Su, of
California, to be Secretary of Labor, Moshe Z. Marvit, of Pennsylvania,
to be a Member of the Federal Mine Safety and Health Review Commission,
Stephen H. Ravas, of Maryland, to be Inspector General, Corporation for
National and Community Service, and other pending calendar business**

**Date:**Tuesday, February 27, 2024 at 10:00 a.m. EST (Senate Committee
on Health, Education, Labor, and Pensions)

**Location:**S-127, Washington, D.C.

**Nominees: **

**Julie A. Su**to be Secretary of Labor

**Moshe Z. Marvit**to be a member of the Federal Mine Safety and Health
Review Commission

**Stephen H. Ravas**to be Inspector General, Corporation for National
and Community Service

**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);****DHS Grants and Contracts
Awarded by Any Means Other Than Full and Open Competition During Fiscal
Year 2023;**

**Published February 14, 2024**This report - based on an audit by
contractor RMA Associates, LLC - found that the Department of Homeland
Security (DHS) was generally in compliance with requirements around
grants and contracts awarded without a full and open competition, though
the department had failed to submit relevant information by the legal
deadline.

**U.S. Government Accountability Office (GAO);****DHS Employee
Misconduct: Actions Needed to Better Assess Differences in Supervisor
and Non-Supervisor Discipline**

**; Published February 14, 2024**This report looks at the disciplinary
adjudication process of four Department of Homeland Security (DHS)
components, including safeguards to ensure consistency. It finds, in
part, that supervisors are less likely to face discipline for alleged
misconduct than non-supervisor personnel. 

**Congressional Research Service (CRS);****Presidential Authority to
Suspend Entry of Aliens Under 8 U.S.C. § 1182(f);**

**Updated February 21, 2024**This legal sidebar explores the president's
authority to suspend certain people's entries and departures
historically and today, with a detailed list of examples where the U.S.
code was invoked between 1980 and 2024 to restrict migration. 

**U.S. Government Accountability Office (GAO);****DHS Annual Assessment:
Most Programs Are Meeting Current Goals, but Some Continue to Face Cost
and Schedule Challenges**

**; Published February 22, 2024**This report is the ninth of its kind.
It analyzes metrics of success around the Department of Homeland
Security's (DHS) major acquisition programs, which represent billions of
dollars in investments every year. 

**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: 

**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 earlier this
month. 

**Still More Room to Grow: Immigrants Can Reverse the U.S. Population
Decline and its Economic Consequences**
In
2024, the United States continues
to
face significant demographic challenges
.
Propelled by falling birth rates, the U.S. population is rapidly aging
and population growth is steadily declining. In turn, the country is
experiencing economic and social pressures caused by labor shortages.
This article provides a follow-up to "Room to Grow
,"
a 2021 white paper where the National Immigration Forum proposed a
methodology that showed that the country needed a 37%

increase in net immigration levels over those projected for fiscal year
2020 (approximately 370,000 additional immigrants a year) to prevent the
U.S. from falling into demographic deficit and socioeconomic decline.

**Defending Borders, Defending Democracies Act: Bill Summary**
A
group of Republicans and Democrats in the U.S. House of Representatives
introduced the Defending Borders, Defending Democracies Act (H.R. 7372
)
on February 15, 2024. This legislative package includes changes

to border security policies and the asylum process in the U.S., along
with $66.32 billion in national security spending.

* * * *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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