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
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 Pivots After Failed Vote on Six-Month Continuing Resolution With Voter Restrictions
On September 18, the House voted 202-220 to sink Speaker Mike Johnson's (R-Louisiana) preferred legislation to avert a government shutdown, which included six months of federal funding alongside controversial new restrictions supposedly aimed at countering noncitizen voting.
The voter registration reform, known as the SAVE Act, is a fixation of the former president and GOP presidential nominee, Donald Trump, who has pushed his party’s lawmakers to shut down the government unless the restrictions are attached to any funding extension. Without the bill’s passage, Trump implied that noncitizen voting in federal elections — a vanishingly rare phenomenon that is already illegal — could change the outcome of this year’s presidential contest.
"If Republicans don't get the SAVE Act, and every ounce of it, they should not agree to a Continuing Resolution in any way, shape, or form," he posted on social media.
Yet, experts have said the SAVE Act’s provisions that would require specific documents to show proof of citizenship in order to register to vote "would exclude millions of citizens from the political process," a consequence that would disproportionately affect Americans of color. And, as House leadership pivots to a Plan B for government funding, they appear to have moved away from the voter restrictions and toward a more bipartisan deal extending existing funding through December.
"I hope that once the Speaker’s CR fails he moves on to a strategy that will actually work: bipartisan cooperation," Senate Majority Leader Chuck Schumer (D-New York) said Wednesday.
"It’s the only thing that has kept the government open every time we have faced a funding deadline. It’s going to be the only thing that works this time, too."
Irregular Border Crossings Remain Low As Migrants Struggle to Find Protection
On September 16, U.S. Customs and Border Protection (CBP) announced that Border Patrol had documented around 58,000 migrant encounters between ports of entry at the U.S.-Mexico border in August — a 68% decline from the previous year amid recently implemented restrictions that are rendering most people who cross without authorization ineligible for asylum.
From June 5 through September 10, CBP said, the Department of Homeland Security (DHS) removed or returned over 131,000 people amid more than 400 repatriation flights. At the same time, the federal government nearly tripled its use of a fast-tracked deportation authority called expedited removal, where migrants can be ordered removed by a low-level immigration officer without ever seeing a judge.
Separately, CBP processed around 44,700 people to enter at ports of entry through the agency's CBP One phone application, which has now expanded its geofencing so that those waiting in southern Mexico — and Mexicans anywhere in their country — can apply for an appointment. The Mexican government has also begun to transport migrants with CBP One appointments to the U.S.-Mexico border, after myriad reports of kidnappings and extortion affecting those trying to present for their pre-allotted time slots.
USCIS Lengthens Green Card Validity Extension for Renewals
On September 18, U.S. Citizenship and Immigration Services (USCIS) announced that lawful permanent residents who have properly filed forms to renew their green cards will have their existing cards’ validity extended by 36 months, so they can continue to show proof of lawful presence and work authorization while they await processing of their new documentation.
The agency started issuing receipt notices with this longer extension period on September 10. Together with an expired green card, the receipt notices serve as evidence that lawful permanent residents still have legal status and permission to work in the U.S.
Federal Government Commemorates Citizenship Day Through Naturalization Ceremonies
On September 17, the United States celebrated Citizenship Day by welcoming new Americans in communities across the country.
From September 14-23, U.S. Citizenship and Immigration Services (USCIS) planned to hold over 400 naturalization ceremonies to swear in more than 17,000 U.S. citizens. Ceremonies big and small honored the achievements of these new Americans, while also stressing their responsibilities to the nation.
"It hasn’t hit me yet," said Jason Lee, a teacher from the United Kingdom who was among those naturalizing. "I came to this country for prosperity and the American dream, and the 600-plus people here today with their family and friends must be following that same dream.
"It’s so inspirational to be here."
H-2B Cap Reached for First Half of FY 2025
On September 19, 2024, U.S. Citizenship and Immigration Services (USCIS) announced it had already reached the congressional cap on H-2B visa petitions for the first six months of Fiscal Year 2025.
Employers use H-2B visas to recruit short-term, non-agricultural foreign workers and fill vacancies in industries often plagued by labor shortages. Most of these visas are capped at 33,000 for petitions asking for the employee to start before April 1.
USCIS will still take cap-exempt applications for H-2B workers already in the U.S. who stay longer, switch employers, or otherwise alter the terms of their employment. The agency is also accepting petitions for workers in fish roe processing and those set to be employed in the Commonwealth of the Northern Mariana Islands or Guam.
State and Local
Texas Officials Designate Tren de Aragua as Foreign Terrorist Group, Say Venezuela Is Sending Prisoners to U.S.
On September 16, Texas Gov. Greg Abbott (R) announced that he was designating the transnational criminal group Tren de Aragua as a "foreign terrorist organization" and launching a statewide operation to crack down on members of the gang who are living stateside.
Tren de Aragua was formed in a Venezuelan prison before expanding elsewhere in Latin America and now gaining a foothold in the United States, according to the Texas Tribune. The gang’s enterprise mostly focuses on crimes involving migrants, such as human smuggling, kidnapping, and extortion.
Now, Abbott's announcement gives the go-ahead to create a new strike team specifically to go after Tren de Aragua operations. It will also let Texas officials take over gang members' property and prosecute them with increased penalties.
Meanwhile, Texas Border Czar Mike Banks echoed alarming but baseless claims from the Trump campaign that Venezuela "has released prisoners with one condition: you leave Venezuela and don't come back." In actuality, Venezuelans seeking safety have left their homeland en masse for years amid economic collapse and extreme political turmoil.
The news from Abbott comes after the Gateway Hotel in El Paso made headlines for hosting general criminality, some of which allegedly involved Tren de Aragua members. The hotel has been temporarily shuttered amid a lawsuit from the El Paso County Attorney's Office, after hundreds of police calls complained of assaults, gang activity, and alleged prostitution there.
"It's important to clarify that this lawsuit was not prompted by criminal activities attributed to any specific group or gang," said El Paso County Attorney Christina Sanchez.
"I want to be clear that at no time did we allege in our lawsuit that the hotel was taken over by any gang or group of individuals."
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.
Below, we highlight one bill with a major recent development.
H.R. 5717
No Bailout for Sanctuary Cities Act
This bill would make it so that sanctuary jurisdictions that provide benefits to immigrants who are present in the United States without lawful status under the immigration laws are ineligible for federal funds intended to benefit such noncitizens.
Sponsored by Rep. Nick LaLota (R- New York) (36 Cosponsors – 36 Republicans, 0 Democrats)
09/26/2023 Introduced in the House by Rep. Nick LaLota
09/26/2023 Referred to the House Committee on the Judiciary
09/20/2024 The bill passed today with a 219-186 vote
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and the U.S. House of Representatives are expected to be in session from Monday, September 23 through Friday, September 27, 2024.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
An Assessment of the State Department's Withdrawal from Afghanistan by America's Top Diplomat
Date: Tuesday, September 24, 2024 at 10:00 a.m. EDT (House Foreign Affairs)
Location: 2172 RHOB, Washington, D.C.
Witnesses:
The Honorable Antony Blinken, Secretary of State, U.S. Department of State
Business Meeting
Date: Wednesday, September 25, 2024 at 9:30 a.m. EDT (Senate Homeland Security & Governmental Affairs)
Location: Senate Dirksen Building, SD-342, Washington, D.C.
Related Items: S.3181, S.3926, H.R.1823, H.R.3354, H.R.5799, H.R.6810, H.R.6983, H.R.7180, S.4404, S.4634, H.R.7385, H.R.7417, H.R.7606, H.R.7607, H.R.7893, S.4667, S.4679, S.4803, S.131, S.4898, S.4900, S.5067, S.2924
The Border Crisis: The Cost of Chaos
Date: Wednesday, September 25, 2024 at 2:00 p.m. EDT (House Oversight and Accountability)
Location: 2154 Rayburn, Washington, D.C.
Witnesses: TBA
Given the Green Light: Open Border Policies and Threats to Law Enforcement
Date: Thursday, September 26, 2024 at 10:00 a.m. EDT (House Homeland Security)
Location: 310 Cannon House Office Building, Washington, D.C.
Witnesses: TBA
Trafficked, Exploited, and Missing: Migrant Children Victims of the Biden-Harris Administration
Date: Thursday, September 26, 2024 at 2:00 p.m. EDT (House Homeland Security)
Location: 310 Cannon House Office Building, Washington, D.C.
Witnesses: TBA
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); CBP Conducts Individualized Assessments but Does Not Comprehensively Assess Land Port of Entry Operations; Published September 13, 2024
This report considers U.S. Customs and Border Protection (CBP) Office of Field Operations' (OFO) methods of evaluation and data collection, in terms of operations at its land ports of entry. It finds that "OFO is missing opportunities to make strategically sound decisions, use resources more efficiently, and provide Congress with information necessary to conduct proper oversight."
DHS Office of Inspector General (DHS OIG); CBP's Office of Field Operations Used Overtime in Accordance with Policies and Procedures; Published September 17, 2024
This report found that U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) generally complied with the Customs Officer Pay Reform Act and has implemented controls for federal overtime requirements.
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.
Bill Analysis: No Bailout for Sanctuary Cities Act
The No Bailout for Sanctuary Cities Act, or H.R. 5717, is a bill that would define the term "sanctuary jurisdictions" and prohibit those localities from receiving federal funds intended to be "use[d] for the benefit" of undocumented immigrants.
Immigrant Construction Workers in the United States
Construction is one of the key United States industries that cannot satisfy their labor needs with native-born U.S. workers alone. To secure an immigrant labor flow to meet the needs of the U.S. in this industry, there must be stronger employment-based pathways to enter the country.
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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.
