Welcome to the National Immigration Forum’s weekly bulletin! Every Friday (or in this case, Thursday), 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
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
A reminder: the bulletin will publish every other week in August and will return on Friday, September 6, 2024.
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
Biden Administration Launches "Keeping Families Together" Program
On August 19, the Biden administration launched the "Keeping Families Together" program, which allows certain noncitizen spouses and stepchildren of U.S. citizens to eventually get their green cards while maintaining family unity.
Through grants of parole-in-place, the initiative effectively creates a bridge for undocumented immigrants who have lived and worked in the United States long-term, so they can access lawful permanent residence without leaving the country — a previous requirement that was often deeply harmful, as travel abroad exposed applicants to yearslong bars against returning to their loved ones in the U.S.
The "Keeping Families Together" application process is fully online, and some individuals have already started receiving approvals.
"I see that I got approved, and I’m like, oh that was quick," an applicant told ABC News. "I was lost for words… a whole bunch of emotions were going on."
Nonetheless, others who are eligible for the program have apprehensions about applying before knowing the results of November’s presidential election, fearful that participation may put a target on their backs for Republican nominee Donald Trump’s mass deportations.
"What we know is that the program exists today," said Angélica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles. "We want to make sure as many families [as possible] are in the program, even as we know that there are many who see this as a threat. We just don’t understand why having U.S. citizens actually take advantage of their right as citizens to petition for their families is threatening to anybody in the United States."
Migrant Crossings Decline as Border Processing Shifts Dramatically
On August 16, U.S. Customs and Border Protection (CBP) reported that Border Patrol documented 56,408 migrant encounters between ports of entry at the U.S.-Mexico border in July, a 32% decline from the previous month and the lowest number since the early days of the Covid-19 pandemic in September 2020.
This drop accompanied a simultaneous shift in processing norms, with far more individuals and families being put through fast-tracked deportations and far fewer being screened into the U.S. to pursue their protection claims, according to a recent court declaration from a Homeland Security official.
The rate of single adults and families subjected to the expedited removal authority — through which low-level immigration officers can order migrants repatriated, often without ever seeing a judge — has nearly tripled and now represents the majority of encounters. Repatriations have reached 62 per 100 southwest border migrant encounters, with 106,000 people sent back to over 58 countries in less than two months of the Biden administration’s latest asylum restrictions taking effect.
Fewer than a quarter of those undergoing fast-tracked deportations are allegedly claiming a fear of persecution, though advocates have documented myriad instances where asylum seekers tried to express a fear of return to their home countries and were ignored by border officials.
Taken together, these statistics portray a comparatively calm U.S.-Mexico border with relatively few irregular crossings, but where legitimate asylum seekers trying to access their right to seek protection may be returned to danger because of the Biden administration’s policies.
At the same time, Panama launched its first U.S.-funded deportation flight on Tuesday, returning 29 Colombians with criminal records who had arrived through the treacherous Darién Gap jungle that connects the two Latin American countries.
Panama’s government is reportedly in talks with other nations, including Ecuador and India, to carry out removal flights there as well. But Panama has cut off diplomatic ties with Venezuela, one of the more prominent sources of migration across the Darién.
U.S. Forges Agreement With Philippines for Afghans to Wait in Relative Safety
On August 20, the U.S. and the Philippines announced they had reached a long-awaited agreement for the Southeast Asian nation to temporarily host hundreds of Afghans awaiting final approval of their special immigrant visas and resettlement stateside.
The Afghans will reside outside of Manila, where the U.S. government will fund food, medical services, housing, and other relevant costs. They have already passed security and medical vetting, and they’re only expected to stay in the Philippines for several months before traveling onto the U.S.
"We’re doing what we can to contribute in our small way into helping people who are displaced," said Jose Manuel Romualdez, the Philippines’ ambassador to the U.S. "I think the majority of people [in the Philippines] know that this is a good thing to do."
Immigration, Border Security Take Center Stage at Democratic National Convention
On August 21, speakers at the Democratic National Convention turned their focus to the U.S.-Mexico border, delivering appeals for action on immigration.
Rep. Tom Suozzi (D-New York) set the tone by highlighting the challenges of polarization around immigration. Suozzi, who flipped his seat while campaigning in part on immigration issues, observed that "to be a nation of immigrants is hard sometimes."
Several speakers criticized Republican nominee Donald Trump for blocking a bipartisan Senate compromise on the border — including new asylum restrictions — that was advanced earlier this year, and they praised Vice President Kamala Harris for pledging to revive the bill. Sen. Chris Murphy (D-Connecticut), one of the lead negotiators on the legislation, asserted that Trump sought to keep immigration a divisive issue to "fan the flames of fear of people who come from different places."
In contrast, Murphy and others proposed a vision where "we can be a nation of proud immigrants and a nation of strong immigration laws." Javier Salazar, the sheriff of Texas’s Bexar county, described Trump’s decision to kill the border bill as "self-serving," noting that it "just made our jobs harder."
Separately, Carlos Eduardo Espina, a social media influencer and the son of Mexican immigrants who has garnered more than 14 million followers, condemned Trump’s rhetoric about immigrants "poisoning the blood" of the country, calling it "outright anti-American."
Rep. Veronica Escobar (D-Texas) delivered a passionate speech about the realities that border communities like hers face, lamenting how "Trump and his Republican imitators see the border and immigration as a political opportunity to exploit." And when Rep. Pete Aguilar (D-California) introduced a video featuring Deferred Action for Childhood Arrivals (DACA) recipients, he emphasized, "we believe our union is more perfect when Dreamers become doctors, teachers, construction workers, and military service members."
State and Local
Texas Gov. Abbott Orders Hospitals to Collect Data on Undocumented Patients
On August 8, Texas Gov. Greg Abbott signed an executive order requiring most hospitals in the state to collect information about patients’ immigration status, ostensibly so that he can bill the federal government for costs related to care for undocumented immigrants.
The order requires hospital staff to tell patients their responses to the questions won’t affect their care. Data collection must begin by November 1, and hospitals are to share their findings with the Texas Health and Human Services Commission quarterly.
The executive order mirrors a similar state law requirement in Florida, which has sparked concerns that immigrants won’t seek the care they need out of fear.
Sweeps of Encampments in New York as Migrants Experience Homelessness
New York City’s government has started enforcing sweeps to dismantle encampments that have popped up as migrants either time out of the local shelter system or voluntarily opt to sleep outside.
The enforcement operations come even as New York State officials have given the city the green light to limit migrant families who aren’t getting public assistance to a 60-day timeline before eviction. These simultaneous developments underscore the tightrope city officials are walking as they try to both address widespread dependence on their shelter system among newcomers, while also avoiding an uptick in street homelessness amid sky-high rents.
"We aren’t an invasion," said Venezuelan Emanuel Pabon, who was camping outside. "We aren’t here to invade. It’s that in New York, there’s nowhere else to go."
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
Amid August recess, the U.S. Senate and the U.S. House of Representatives are not expected to be in session again until September 9, 2024.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
No relevant hearings or markups have been announced for the week of August 26, 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.
DHS Office of Inspector General (DHS OIG); Results of January 2024 Unannounced Inspections of CBP Holding Facilities in the Del Rio Area (REDACTED); Published August 8, 2024
This report includes findings from unannounced inspections at U.S. Customs and Border Protection (CBP) facilities in the Del Rio area, including Border Patrol facilities that detained migrants longer than national standards and had other deficiencies.
DHS Office of Inspector General (DHS OIG); Management Alert – ICE Cannot Monitor All Unaccompanied Migrant Children Released from DHS and U.S. Department of Health and Human Services’ Custody; Published August 19, 2024
This report documents issues with U.S. Immigration and Customs Enforcement (ICE) effectively carrying out its role of managing unaccompanied migrant children’s immigration cases, including a large number of cases where kids did not appear at their court hearings and many more incidents where ICE never served a notice to appear.
DHS Office of Inspector General (DHS OIG); CBP Did Not Thoroughly Plan for CBP One Risks, and Opportunities to Implement Improvements Exist; Published August 19, 2024
This report focuses on vulnerabilities and inequities within the CBP One phone application, while its authors make recommendations on how to improve the app.
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:
Texas v. the Biden Administration: How Recent Lawsuits Have Redefined the Federal Immigration Agenda
This paper explores how Texas has used the courts to upend the Biden immigration agenda, with major ramifications for federal officials, human rights advocates, and immigrants themselves.
The Myths and Truths of Noncitizen Voting in the United States
Noncitizens have been barred from voting in federal elections since 1924. This blog post explains the history of restrictions on noncitizen voting in the United States.
Explainer: The Biden Administration’s "Securing the Border" Interim Final Rule and Implementation of Border Policies
This explainer describes the "Securing the Border" interim final rule and its most significant changes to the U.S. asylum system, while providing context on how the policies are being implemented on the ground.
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*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.
