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Hello all,
The National Immigration Forum's Legislative Bulletin for Friday, November 22, 2024, is now posted.
You can find the online version of the bulletin here: https://immigrationforum.org/article/legislative-bulletin-friday-november-22-2024/
All the best,
Arturo
LEGISLATIVE BULLETIN - Friday, November 22, 2024
A note: The bulletin will not be published next week because of the Thanksgiving holiday, but we'll return to our regular Friday schedule on December 6.
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.
Federal
Trump Declares Intention to Rely on Military in Mass Deportation Effort as Nation Braces for Immigration Crackdown
On November 18, President-elect Donald Trump confirmed on social media that he is planning to declare a national emergency and rely on military assets to carry out mass deportations. The announcement, which raises a bevy of legal and practical concerns relating to the use of the U.S. military in domestic policing efforts, follows Trump's campaigning on a platform of "mass deportation" in 2024. Earlier, on November 12, NBC News reported that, as part of the mass deportation effort, the incoming Trump administration was planning to significantly increase immigration detention capacity by opening new detention facilities near major cities. If enacted, mass deportation carries significant financial costs, in addition to harming families and immigrant communities.
Trump's announcement of a militarized enforcement effort comes amid reports of a sweeping immigration crackdown that will begin on January 20 with a series of executive orders. According to reports, the orders are likely to end the deprioritization of long-term residents for deportation, end the use of the CBP One application for scheduling asylum interviews, terminate parole programs allowing those fleeing harm from Cuba, Haiti, Nicaragua, and Venezuela to be sponsored to come to the U.S., and more.
On November 18, the American Civil Liberties Union (ACLU) filed a lawsuit against Immigration and Customs Enforcement (ICE) to obtain records revealing how ICE Air Operations – the network of for-profit, commercial, and privately chartered deportation flights run by ICE – could be expanded to carry out a mass deportation and detention program.
Trump to Nominate Gov. Noem for DHS, Others
On November 12, President-elect Trump announced he will nominate Gov. Kristi Noem (R-South Dakota) to serve as Department of Homeland Security (DHS) Secretary. Noem, a close Trump ally who has emphasized securing the southern border despite governing a northern state, previously served four terms in the U.S. House of Representatives. Trump also announced that he will nominate Sen. Marco Rubio (R-Florida) to serve as Secretary of State and Pam Bondi to serve as Attorney General. Bondi was nominated after Matt Gaetz, who was initially nominated for the Attorney General position, withdrew from consideration.
Trump also appointed two key allies and prominent immigration restrictionists to key advisor roles: former U.S. Immigration and Customs Enforcement acting director Tom Homan to serve as "border czar" and longtime Trump advisor Stephen Miller as deputy chief of staff for policy. Neither position is subject to Senate confirmation, and both are expected to play prominent roles in shaping the administration's immigration policy.
The Coordinator for Afghan Relocation Efforts (CARE) Authorization Act of 2024 Passes the House
On November 20, the House of Representatives passed the Coordinator for Afghan Relocation Efforts (CARE) Authorization Act of 2024 after a 334 – 63 vote. The bill, which still needs to be approved by the Senate, was introduced by Rep. Dina Titus (D-NV-01) to assure and codify the ongoing work of the CARE office that was established in 2022 out of what was originally the Afghanistan Task Force (ATF).
The CARE office is within the Department of State and was created to provide ongoing assistance to Afghans who had worked alongside the U.S. and continue to be at risk from the Taliban. Its primary objective is to relocate and resettle Afghans that are eligible. This bill will provide the office with a three-year mandate. The bill has been received by the Senate and is under the jurisdiction of the Committee on Foreign Relations.
State & Local
Massachusetts Governor and Boston Mayor Say Their Administrations Will Not Cooperate in Federal Efforts to Deport Migrants
On November 8, following the victory of Donald Trump, who promised to carry out mass deportations, Massachusetts Governor Maura Healey (D) said that her administration would not cooperate with federal authorities looking to conduct mass deportations of undocumented immigrants. A spokesperson added that immigration enforcement is the sole responsibility of the federal government, "not a mission of the Massachusetts State Police." The spokesperson also highlighted that a Federal Court decision prohibits troopers from participating in enforcement operations that rely only on federal immigration detainer requests and not on alleged crimes.
Similarly, Boston Mayor Michelle Wu (D) said that her administration will not cooperate with the controversial mass deportation operation from the incoming Trump administration. She added that she would do her part to protect Boston residents from mass deportations, which, in her opinion, "threaten the safety of everyone by causing widespread fear and having large-scale economic impact."
In response to Mayor Wu's comments, Tom Homan – who President-elect Trump appointed as border czar – said, "Either she helps us or gets the hell out of the way because we're going to do it," adding that "she is not very smart." Mayor Wu replied that Boston "is always held up as a national example of what's possible." She added that Boston is the safest major city in America due to "the trust between residents and public safety officials."
Texas Offers 1,400 Acres of Land for Construction of Deportation Facilities
On November 20, the Texas Land Commissioner sent a letter to the incoming Trump Administration offering over 1,400 acres of state land in Starr County, Texas, for the construction of facilities to carry out the Trump Administration's plans of mass deportation. The land, located next to the Rio Grande, was bought in October 2024 because the previous owner refused to let Texas build a border wall across it.
The letter offers to enter into an agreement with the Department of Homeland Security and the U.S. Immigration and Customs Enforcement (ICE) "to allow a facility to be built for the processing, detention, and coordination of the largest deportation in the nation's history," a proposal which raises many legal and practical concerns.
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.
H.R.8368
Coordinator for Afghan Relocation Efforts Authorization Act of 2024
The bill would formally authorize the creation of a Coordinator for Afghan Relocation Efforts (CARE) office at the State Department for three years and grant important authorities to advance its mission. These include measures to streamline the transfer of funds to and from other agencies involved in the Afghan relocation mission.
05/10/2024 Introduced in the House by Rep. Dina Titus (D-Nevada) (23 cosponsors – 20 Democrats, 3 Republicans)
05/10/2024 Referred to the House Committee on Foreign Affairs
11/20/2024 The bill passed the House after a 334 – 63 vote.
11/21/2024 The bill was received in the Senate and transferred to the Committee on Foreign Relations.
Targeting Environmental and Climate Recklessness Act of 2024
This bill includes a provision to impose travel and visa restrictions on noncitizens who "knowingly, recklessly, or willfully engage in an action in a foreign country" that significantly contributes to climate change or environmental degradation.
Sponsored by Rep. Veronica Escobar (D-Texas) (0 cosponsors)
11/13/2024 Introduced in the House by Rep. Veronica Escobar
11/13/2024 Referred to the House Committees on Foreign Affairs, the Judiciary, Financial Services, Oversight and Accountability, and Ways and Means
FEMA for America First Act of 2024
This bill would prohibit parolees, asylees, and refugees who are not in the process of obtaining Lawful Permanent Resident status from receiving FEMA benefits following a natural disaster.
Sponsored by Rep. Gregory Steube (R-Florida) (1 cosponsor — 1 Republican, 0 Democrats)
11/14/2024 Introduced in the House by Rep. Gregory Steube
11/14/2024 Referred to the House Committee on Transportation and Infrastructure
Homeland Security Improvement Act
To increase transparency, accountability, and community engagement within the Department of Homeland Security, to provide independent oversight of border security activities, to improve training for agents and officers of U.S. Customs and Border Protection, and for other purposes.
Sponsored by Rep. Veronica Escobar (D-Texas) (0 cosponsors)
11/15/2024 Introduced in the House by Rep. Veronica Escobar
11/15/2024 Referred to the House Committees on Homeland Security, Ways and Means, and the Judiciary
Paperwork Reduction for Farmers and H-2A Modernization Act
This bill would reduce bureaucratic delays and streamline the H-2A visa program by updating application processes, establishing electronic filing systems, freezing wage rates for three years, and providing employers greater flexibility and protections.
Sponsored by Sen. Rand Paul (R-Kentucky) (0 cosponsors)
11/12/2024 Introduced in the Senate by Sen. Rand Paul
11/12/2024 Referred to the Senate Committee on the Judiciary
No Immigration Benefits for Hamas Terrorists Act
This bill would bar individuals connected to Hamas' attacks against Israel on October 7, 2023, from entering the U.S. or receiving any immigration benefits.
Sponsored by Sen. Marsha Blackburn (R-Tennessee) (1 cosponsor — 0 Republicans, 1 Democrat)
11/13/2024 Introduced in the Senate by Sen. Marsha Blackburn
11/13/2024 Referred to the Senate Committee on the Judiciary
Southern Mongolian Human Rights Policy Act
This bill includes a provision requiring that the President identify noncitizens responsible for human rights abuses against Southern Mongolians in the People's Republic of China and impose sanctions on these individuals, including potential inadmissibility to the U.S.
Sponsored by Sen. Jeff Merkley (D-Oregon) (1 cosponsor — 1 Republican, 0 Democrats)
11/13/2024 Introduced in the Senate by Sen. Jeff Merkley
11/13/2024 Referred to the Senate Committee on Foreign Relations
Targeting Environmental and Climate Recklessness Act of 2024
This bill includes a provision to impose travel and visa restrictions on noncitizens who "knowingly, recklessly, or willfully engage in an action in a foreign country" that significantly contributes to climate change or environmental degradation.
Sponsored by Sen. Edward Markey (D-Massachusetts) (1 cosponsor — 0 Republicans, 1 Democrat)
11/13/2024 Introduced in the Senate by Sen. Edward Markey
11/13/2024 Referred to the Senate Committee on Banking, Housing, and Urban Affairs
Cooperation on Combating Human Smuggling and Trafficking Act
To direct the Secretary of Homeland Security to enhance border security by seeking to expand partnerships with appropriate law enforcement entities in Mexico and Central American and South American countries to combat human smuggling and trafficking operations in Mexico and such countries, and for other purposes.
Sponsored by Sen. Gary Peters (D-Michigan) (1 cosponsor — 0 Republicans, 1 Democrat)
11/20/2024 Introduced in the Senate by Sen. Gary Peters
11/20/2024 Referred to the Senate Committees on Homeland Security and Governmental Affairs
Border Smuggling Crackdown Act
To amend the United States Sentencing Guidelines applicable to human smuggling offenses, and for other purposes.
Sponsored by Sen. Jon Ossoff (D-Georgia) (1 cosponsor — 1 Republican, 0 Democrats)
11/14/2024 Introduced in the Senate by Sen. Jon Ossoff
11/14/2024 Referred to the Senate Committee on the Judiciary
Sudan Accountability Act
This bill includes a provision imposing visa restrictions on individuals responsible for severe human rights violations in Sudan.
Introduced by Sen. Christopher Coons (D-Delaware) (3 cosponsors — 2 Republicans, 1 Democrat)
11/14/2024 Introduced in the Senate by Sen. Christopher Coons
11/14/2024 Referred to the Senate Committee on Foreign Relations
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate and House of Representatives will not be in session the week of Monday, November 25.
UPCOMING HEARINGS AND MARKUPS
Here, we round up congressional hearings and markups happening in the field or in Washington.
There are no immigration-related hearings scheduled for the week of Monday, November 25.
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 GAO report recommends that DHS establish a schedule to process H-2A petitions electronically and that DOL evaluate options to better locate workers to return wages.
This GAO report provides an update on ORR's efforts to address nine recommendations related to the care and release of unaccompanied children.
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:
This landing page hosts three white papers that together provide an overview of the ongoing conflict between Texas and the Biden administration, highlighting some of the most impactful battles along the many fronts where the state has challenged the federal government's power over immigration.
Dreamers are undocumented immigrants who came to the United States as children. They grew up and have lived in the U.S. for most of their lives. Many Dreamers have attended school and obtained postsecondary degrees, worked and contributed to the U.S. economy, and started families with U.S. citizen spouses and children.
On November 5, 2024, Arizona voters decided on Proposition 314, known as the "Secure the Border Act." This initiative represents a significant effort to increase state and local authorities' involvement in carrying out immigration enforcement responsibilities, echoing the controversial SB 1070 law passed in 2010 and subsequently mostly struck down by the courts.
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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. |
