From Alexandra Villarreal, National Immigration Forum <[email protected]>
Subject Legislative Bulletin — Friday, April 19, 2024
Date April 19, 2024 6:41 PM
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**Legislative Bulletin**Hello y'all,

The National Immigration Forum's Legislative Bulletin for Friday, April
19, 2024, is now posted.

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

All the best,

Ally

**LEGISLATIVE BULLETIN - Friday, April 19, 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

**Border Crossings See Unseasonal Decline in March??**In March, Border
Patrol??documented
??137,480
migrant encounters between ports of entry at the United States'
southern border - a modest decline from February's numbers and??the
first time
??since
2017 that apprehensions dipped from February to March.??

Altogether, U.S. Customs and Border Protection (CBP) documented 189,372
encounters at the southern border last month, including those who came
through an official port of entry - the vast majority of whom had
pre-registered for an appointment via the federal government's CBP One
app.

The recent drop in encounters runs counter to historical seasonal
trends, where irregular migration tends to tick upward amid warmer
weather. Some officials have attributed the decrease in foot traffic to
Mexico's heightened enforcement efforts on the other side of the
border??since the end of December
.??

The U.S. has also??ramped up
??its
enforcement during the last year, with more than 660,000 people -
including over 102,000 family members - removed or returned between
May 12 and April 3.

"Encounters at our southern border are lower right now, but we remain
prepared for changes, continually managing operations to respond to
ever-shifting transnational criminal activities and migration patterns,"
said Acting CBP Commissioner Troy A. Miller.??

Yet, despite border numbers remaining relatively stable, President Joe
Biden is still reportedly planning to move forward with an executive
action in the coming weeks that would further restrict asylum
access,??according to Axios.??
The
policy - which would rely on the same federal authority, 212(f), as
the former president Donald Trump used to justify his travel ban on
people from Muslim-majority countries -??could quickly get tied up in
litigation.??

"Some are suggesting that I should just go ahead and try it," Biden said
in a Univision??interview
.
"And if I get shut down by the court, I get shut down by the court."

**Senate Quickly Dismisses Mayorkas Impeachment Trial**On April 17, the
impeachment trial against Homeland Security Secretary Alejandro Mayorkas
concluded almost before it began as a majority of senators decided the
articles advanced by the House were unconstitutional and??dismissed
??the
case within roughly three hours of convening.??

The votes took place largely along party lines, with Democrats coming
together to support dismissal and Sen. Lisa Murkowski (R-Alaska) simply
voting "present" on the first charge. Republicans expressed outrage over
the quick process, although Senate Majority Leader Chuck Schumer (D-New
York) had in fact??offered time for debate
??and
a Republican senator rejected it.??

The Senate's dismissal of the impeachment case concludes a monthslong
spectacle that??legal experts
,??national
security leaders
,
and other key voices have decried as a distraction from real challenges
at the U.S.-Mexico border and a clear misuse of the constitutional
punishment for high crimes and misdemeanors.??

Still, Mayorkas??faced residual blowback
??from
Senate Republicans on Capitol Hill Thursday as he tried to advocate for
adequate funding for his department, while Democrats in tight races
are??already enduring criticism
??from
their GOP opponents for voting to dismiss the case.??

**Human Rights Advocates Raise Concerns As U.S. Resumes Deportation
Flights to Haiti??**On April 18, the Biden administration stunned
migrant advocates when it??resumed deportation flights
??to
Haiti despite what the United Nations human rights office has called a
"cataclysmic situation" there, as gang violence has killed over 1,500
people already this year amid a power vacuum left by a collapsed
government.??

The U.S. repatriated around 50 Haitians to their embattled
homeland,??according to the Department of Homeland Security (DHS)
,
a tactic seemingly meant to deter irregular migration from the island
-??even though sea interdictions have??reportedly
??remained
relatively low, and at the U.S.-Mexico border, Haitians are??generally
entering
??lawfully
through CBP One.??

"This is not only morally wrong and in violation of U.S. and
international law, it is simply bad foreign policy,"??said
??Guerline
Jozef, who leads the Haitian Bridge Alliance.

The flight reportedly landed in Cap Haitien, hours from the capital of
Port-au-Prince, after taking off from Louisiana and making a pitstop in
Miami.??

"My client was on that flight. He lived in the U.S. for over 20 years
and has a 7-year-old U.S. citizen daughter," Philip Issa, an attorney at
Americans for Immigrant Justice, said??in a statement
.
"He applied for asylum 20 years ago but was ordered deported in 2005
because he didn't have competent legal representation. It's
unbelievably heartless for our government to deport my client without
granting him the opportunity to reopen his case, especially now when
Haiti is effectively a war zone.??

"He's a beloved father, a fianc??e, and a decades-long Florida
resident. He's made contributions to our state and country. What
national interest is served by tearing apart our families and
communities to deport our neighbors back to Haiti? It's hugely
disappointing for the Biden administration to behave so cynically."??

**DHS Announces Shelter and Services Awards Ahead of Competitive Grant
Selection??**On April 12, the Department of Homeland Security
(DHS)??announced
??that
it was allocating $300 million in grants to 55 recipients and creating a
competitive process for another $340.9 million through the Shelter and
Services Program (SSP), which provides financial support to localities
and organizations welcoming arriving migrants.

The allocated funds will be disbursed in two tranches: an initial $275
million, with $25 million left over "to accommodate evolving operational
requirements
"
later this year. Among the awardees so far, Catholic Charities in San
Diego and San Diego County both received nearly $20 million, Maricopa
county in Arizona got $11.6 million, and El Paso county got around $4.5
million, alongside other large grants to communities at or near the
US.-Mexico border.??

Cities and states far from the border??also benefited
,
with Washington, D.C. garnering $8.7 million, Atlanta pulling in nearly
$11 million, Chicago getting $9.6 million, Massachusetts receiving
almost $7 million, and New York's Office of Management and Budget
nabbing a whopping $38.86 million.??

Even so, the Biden administration is working with far less funding this
fiscal year to help localities respond to newcomers in their
jurisdictions, after Congress slashed those appropriations??by 18%
??compared
to last year.??

**DHS Expands TPS Eligibility for Ethiopians**On April 12, the Biden
administration??said
??it
was extending and redesignating Temporary Protected Status (TPS) for
Ethiopia amid ongoing armed conflict, human rights abuses, environmental
disasters, and disease outbreaks that warrant continued humanitarian
attention.

Through the announcement, around 2,300 current TPS holders from Ethiopia
may be able to retain their status if they re-register, while roughly
12,800 more Ethiopians have become newly eligible for deportation
protection and work authorization. To??qualify
,
applicants must have resided in the U.S. since at least April 11.??

**Homeland Security Investigations Distances Itself From Immigration
Enforcement, Parent Agency**On April 15,??the Washington Post
??reported
that Homeland Security Investigations (HSI) was launching a rebranding
effort to differentiate itself from its controversial parent agency,
U.S. Immigration and Customs Enforcement (ICE), after politics and
perceptions affecting the investigative branch have allegedly gotten in
the way of its mission.??

HSI??describes its mission
??as "to
investigate, disrupt and dismantle terrorist, transnational and other
criminal organizations that threaten or seek to exploit the customs and
immigration laws of the United States."

Congress would have to act for HSI to become an independent agency,
instead of a component of ICE. But absent legislative action, the
rebrand is at least giving HSI its own website without ICE insignia,
creating new email addresses for employees, and trying to portray HSI
more as an entity within DHS than ICE.??

The shift in depiction comes after ICE became an especially polarizing
agency under the Trump administration, when its Enforcement and Removal
Operations (ERO) branch infamously targeted nearly anyone in the country
without lawful status for deportation. Because of ICE's reputation,
HSI investigators have struggled to earn the trust of other law
enforcement personnel, public officials, and even crime victims.

State and Local

**Denver Debuts New Six-Month Program to Get Migrants on Their
Feet??**On April 10, Denver Mayor Mike Johnston (D) announced a plan to
help migrants prepare to integrate into the Denver community while they
wait for work authorization as asylum seekers. The plan phases out the
city's medium-term shelter and shifts funds to a more long-term
solution. Recipients of available spots in a new program, which
will??prioritize
??the
800 migrants already in shelters, will receive legal aid in filing for
asylum, food and housing subsidies, and job training over the course of
six months.

But once the program reaches its capacity of around??1,000 participants
,
migrants will be left with few options. Denver officials will help
connect them with family members in the area or provide them
transportation to another part of the country, but if neither of those
solutions works, migrants will only be able to stay in shelters for
between 24 and 72 hours before they will be on their own.

The Johnston administration has touted the program as cutting in
half??the funds
??the
city is spending on migrants, from roughly $180 million to just under
$90 million. Its proponents cite these figures optimistically as a sign
that the city will be able to begin to balance its budget.??

However, as the Denverite??reports
,
much of the plan, including an estimated 20 legal work hours per asylum
case, purports to rely on local nonprofits to help provide legal
services and other resettlement help without spelling out how the
nonprofits and other partners will be paid for this work. Further,
immigrant advocates fear that lowering capacity at emergency shelters
will leave the city unprepared for potential future increases in migrant
arrivals.??

Still,??Johnston is optimistic
,
saying, "We think we've now cracked the code on how to help
people."????

**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**Neither the U.S. Senate nor the U.S. House
of Representatives is expected to be in session the week of Monday,
April 22, 2024.

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

There are no relevant hearings or markups announced for the week of
Monday, April 22, 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.

U.S. Government Accountability Office (GAO);??Homeland Security: DHS
Internal Entities Facilitate Information Sharing in Key Areas and
Collaborate as Needed ;
Published April 16, 2024This report addresses concerns that the
Department of Homeland Security's (DHS) information sharing groups are
more numerous and less effective than desired by studying nine DHS
groups. GAO "found no evidence of unnecessary duplication" between the
purpose and activities of those groups, even if there was the potential
for some overlap.

U.S. Government Accountability Office (GAO);??Restrictive Housing:
Actions Needed to Enhance BOP and ICE Management and Oversight
; Published April 16,
2024This congressional testimony covers GAO's previous work on
"restrictive housing" - also known as solitary confinement - in
Bureau of Prisons (BOP) and U.S. Immigration and Customs Enforcement
(ICE) facilities.??

DHS Office of Inspector General (DHS OIG);??Results of an Unannounced
Inspection of ICE's Krome North Service Processing Center in Miami,
Florida
;
Published April 16, 2024This report documents conditions at the Krome
North Service Processing Center in Miami during an unannounced
inspection from June 13-15, including non-compliance with use of force
standards, a lack of clarity around the medical grievances process, and
issues with staff not providing the standard access to legal
resources.??

**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:??

Explainer: Immigrant and Nonimmigrant Work Visas
This
explainer provides a list and brief explanation of various visas
available for U.S.-based employers to hire noncitizens in the country.

Bill Analysis: Temporary Family Visitation Act (TFVA)
The??

**Temporary Family Visitation Act??**(S. 3255
??and??H.R.
5155
)
would create a new nonimmigrant visa category for visiting relatives of
U.S. citizens and lawful permanent residents (commonly referred to as
green card holders) seeking to facilitate a temporary reunion with
family members residing in the United States. The bill was??introduced
??in
the U.S. House of Representatives by Rep. Scott Peters (D-California) on
August 4, 2023, and in the??U.S. Senate
??by
Sen. Rand Paul (R-Kentucky) on November 8, 2023.

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.

* * *

*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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