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Hello all,
The National Immigration Forum's Legislative Bulletin for Friday, April 26, 2024, is now posted.
You can find the online version of the bulletin here: https://immigrationforum.org/article/legislative-bulletin-friday-april-26-2024/
All the best,
Arturo
LEGISLATIVE BULLETIN - Friday, April 26, 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
Congress Passes Ukraine Funding Without Immigration Provisions
On April 23, the U.S. Senate voted 79-18 to pass a $95-billion legislative package and provide $60 billion for Ukraine's defense, $26 billion for Israel and
humanitarian aid in Gaza, and $1 billion for Taiwan. The following day, President Biden signed it into law.
The foreign aid passed without major migration-related provisions. It includes $481 million in appropriations for refugee assistance in Ukraine but does not include any U.S. border policy changes. Earlier this year, a bipartisan group of Congress members had suggested tying Ukraine funding with 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.
Biden Administration Considers Parole-in-Place for Immigrant Spouses of U.S. Citizens
This week, various reports highlighted that the Biden administration is considering executive action to provide temporary immigration status and work
permits to undocumented immigrants in the U.S. who are married to U.S. citizens.
Among the ideas to protect the spouses of U.S. citizens, the administration is considering granting them parole-in-place (PIP). Parole-in-place allows individuals already inside the United States who are present without admission to be paroled into the country for a temporary period. Those receiving PIP are eligible for work authorization and do not accrue unlawful presence during their parole period. PIP also allows family members to apply for immigration benefits they
may be eligible for that require a lawful entry into the U.S., specifically by exempting them from the three- and ten-year unlawful presence grounds for inadmissibility. Practically, PIP allows noncitizens, on a case-by-case basis, to be granted the ability to temporarily live and work in the country without fear of deportation.
According to the reports, the parole-in-place initiative, which would benefit over 11 million U.S. citizens living in mixed-status households, is not imminent and still is under consideration.
USCIS Reaches H-2B Visa Cap for Returning Workers for Second Half of FY 2024
On April 18, U.S. Citizenship and Immigration Services (USCIS) announced that the agency had reached the 19,000 cap for the additional H-2B visas available for returning workers for the early second half of fiscal year (FY) 2024. However, USCIS said that it continues accepting petitions for H-2B nonimmigrant workers for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, who are exempt from the returning worker
requirement, as well as those who are exempt from the congressionally mandated cap.
In addition, on April 22, USCIS began accepting petitions for workers for the late second half of FY 2024, which goes from May 15 through September 30. The 5,000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2021, 2022, or 2023, regardless of country of nationality.
Center-Right Advocacy Organizations Unveil Border Framework that Prioritizes Security and Humanitarian Protections
On April 23, a coalition of center-right advocacy organizations, including the National Immigration Forum, released a border and asylum framework that prioritizes security, order, and humanitarian protections.
The 16-page proposal focuses on four pillars: 1. Asylum in the U.S.; 2. Personnel, technology, and operations at the border; 3. Fentanyl and illicit substance
interdiction; and 4. Stopping human smuggling and trafficking.
On April 24, the proponents held a press conference where Jennie Murray, President and CEO of the National Immigration Forum, highlighted that "the challenges at the border continue, and Congress must act. Our proposed solutions are viable when Republicans and Democrats return to the table. A remarkable majority of Americans want these kinds of solutions." Also, Kristie De Peña, Senior Vice President of Policy at the Niskanen Center, noted that "through thoughtful, pragmatic policy solutions like those in this framework, we're giving Congress tools to
tackle policy reforms that secure our border and ensure our asylum system is efficient, effective, and fair."
State & Local
Migrants Flown to Martha's Vineyard Receive U Nonimmigrant Status
On April 23, most of the Venezuelan migrants who were transported by Florida's government from San Antonio, Texas, to Martha's Vineyard in Massachusetts in September 2022 received U nonimmigrant status. U nonimmigrant status allows victims of certain crimes in the U.S. who are helpful to law enforcement in investigating criminal activity to live and work stateside.
The immigration benefit was granted after several reports noted the migrants were coerced into boarding the flights with promises of open jobs and a lack of clarity about where they would be arriving. Three days after the incident, Sheriff Javier Salazar of Bexar County, which includes San Antonio, Texas, announced that he had opened a criminal investigation into the flights that transported the migrants from the Migrant Resource Center in San Antonio to Martha's Vineyard. In the announcement, he said that while it was too early to determine which laws might have been broken, it was clear that many of the migrants had been misled and lured under false pretenses by the DeSantis administration in an effort to
score political points.
Alabama House Passes Bill Allowing Some Undocumented Immigrants to Attend College
On April 23, the Alabama House of Representatives voted 89-10 to pass a bill allowing undocumented students to attend Alabama's public universities. The bill, however, is limited to immigrants who have already applied for legal status.
Currently, undocumented students in Alabama are not allowed to attend public higher education in the state under HB 56, the 2011 law that aimed to criminalize undocumented immigration. The new bill is now under consideration of the Alabama Senate, where the legislative period will end next week.
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 Illegal Alien NICS Alert Act
This bill would require the National Instant Criminal Background Check System (NICS) to notify U.S. Immigration and Customs Enforcement (ICE) and state and local law enforcement when an undocumented person tries to purchase a firearm.
Sponsored by Sen. Tom Cotton (R-Arkansas) (4 cosponsors – 4 Republicans, 0 Democrats)
04/18/2024 Introduced in the Senate by Sen. Tom Cotton
04/18/2024 Referred to the Senate Committee on the Judiciary
A bill to amend the Homeland Security Act of 2002 relating the authority of U.S. Customs and Border Protection to consolidate, modify, or reorganize Customs revenue functions
Sponsored by Sen. John Cornyn (R-Texas) (1 cosponsor – 0 Republicans, 1 Democrat)
04/18/2024 Introduced in the Senate by Sen. John Cornyn
04/18/2024 Referred to the Senate Committee on Finance
The Israel Security Supplemental Appropriations Act, 2024
This sweeping national security bill includes $3,495,000,000 in appropriations for migration and refugee assistance to address humanitarian needs of vulnerable populations and communities.
Sponsored by Rep. Tom Cole (R-Oklahoma) (2 cosponsors – 2 Republicans, 0 Democrats)
04/17/2024 Introduced in the House by Rep. Tom Cole
04/17/2024 Referred to the House Committees on Appropriations and the Budget
04/20/2024 Passed the House
04/20/2024 Consolidated into H.R. 815 for consideration by the Senate
04/23/2024 Passed the Senate
04/24/2024 Signed into law
The Ukraine Security Supplemental Appropriations Act, 2024
This sweeping national security bill includes $481,000,000 in appropriations for refugee and entrant assistance.
Sponsored by Rep. Tom Cole (R-Oklahoma) (2 cosponsors – 2 Republicans, 0 Democrats)
04/17/2024 Introduced in the House by Rep. Tom Cole
04/17/2024 Referred to the House Committees on Appropriations and the Budget
04/20/2024 Passed the House
04/20/2024 Consolidated into H.R. 815 for consideration by the Senate
04/23/2024 Passed the Senate
04/24/2024 Signed into law
The 21st Century Peace Through Strength Act
This sweeping national security bill would include an immigration provision restricting visas to people involved in trafficking of captagon.
Sponsored by Rep. Michael McCaul (R-Texas) (10 cosponsors – 10 Republicans, 0 Democrats)
04/17/2024 Introduced in the House by Rep. Michael McCaul
04/17/2024 Referred to the House Committees on Foreign Affairs, Financial Services, the Judiciary, Ways and Means, Armed Services, the Budget, Energy and Commerce, and Transportation and Infrastructure
04/20/2024 Passed the House
04/20/2024 Consolidated into H.R. 815 for consideration by the Senate
04/23/2024 Passed the Senate
04/24/2024 Signed into law
To amend the Immigration and Nationality Act to require the notification of appropriate elected officials prior to the placement of refugees in a State
Sponsored by Rep. Derrick Van Orden (R-Wisconsin) (6 cosponsors – 6 Republicans, 0 Democrats)
04/18/2024 Introduced in the House by Rep. Derrick Van Orden
04/18/2024 Referred to the House Committee on the Judiciary
The PEARL Act
This bill would establish a pilot program through DHS for adopting dogs from animal shelters and training them to become canine therapy dogs for CBP agents. The bill is named for Pearl, a labrador retriever and the first CBP support canine, who serves at the U.S. Border Patrol Laredo Sector.
Sponsored by Rep. Tony Gonzales (R-Texas) (11 cosponsors – 7 Republicans, 4 Democrats)
04/23/2024 Introduced in the House by Rep. Tony Gonzales
04/23/2024 Referred to the House Committee on Homeland Security
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and U.S. House of Representatives are expected to be in session from Monday, April 29, through Thursday, May 2, 2024.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
Date: Tuesday, April 30, 2024, at 10:00 am EDT (House Appropriations Committee)
Location: 2362-A Rayburn House Office Building, Washington, D.C.
Witnesses:
Troy Miller, Acting Commissioner, Customs and Border Protection
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 report documents conditions at ICE's Golden State Annex in McFarland, California, during an unannounced inspection from April 18 to 20, 2023.
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:
Parole in place (PIP) allows individuals already inside the United States who are present without admission to be paroled into the country for a temporary period. Those receiving PIP are eligible for work authorization and do not accrue unlawful presence during the period they receive parole. PIP also allows family members to apply for immigration benefits they may be eligible for that require a lawful entry into the U.S., specifically by exempting them from the three and ten-year unlawful presence grounds for inadmissibility. Practically, PIP allows non-citizens, on a case-by-case basis, to be granted the ability to temporarily live and work in the country without fear of deportation.
This explainer details the Biden administration's rule change and explains other recent proposals to allow USCIS asylum officers to adjudicate asylum requests and other claims for humanitarian protection.
This 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.
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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.
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