Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, December 13, 2024, is now posted.

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

All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, December 13, 2024**DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK # Developments-In-Immigration-Policy-This-Week

BILLS INTRODUCED AND CONSIDERED #bills-introduced-and-considered

LEGISLATIVE FLOOR CALENDAR #legislative-floor-calendar

UPCOMING HEARINGS AND MARKUPS #upcoming-hearings-and-markups

GOVERNMENT REPORTS #government-reports

SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES #spotlight-on-national-immigration-forum-resources

**DEVELOPMENTS IN IMMIGRATION POLICY THIS WEEK**

****Federal****

****Trump Shares Plans of Mass Deportation, Birthright Citizenship, and Protection of Dreamers****On December 8, President-elect Trump gave [link removed] a one-hour interview to NBC News where he discussed, among other topics, his plans for mass deportation, birthright citizenship, and protection of Dreamers.

In the interview, Trump said that he plans to deport every unauthorized immigrant in the United States. He conceded the interviewers' argument that in order to deport one million people per year, he would need to increase ICE detention capacity at least 24 times, hire more agents and judges, and pay for more flights.

Immigration experts have expressed concern [link removed] over Trump's plans, highlighting that mass deportation would entail a severe disruption of life in communities across the country and lead to humanitarian concerns on an unprecedented level. Economic pundits have also raised alarms about the economic cost [link removed] of mass deportations. In their opinion, to identify, arrest, and deport the 11-million undocumented population, the US government would need to spend billions of dollars to build detention camps and marshal hundreds of thousands of enforcement officers and support staff to carry out raids and enforcement actions in communities across all 50 states. Legal experts have also expressed concern over the potential violations of due process that would entail a mass deportation.

In the interview, Trump also reiterated his promise to end birthright citizenship [link removed], a right enshrined in the 14th Amendment of the U.S. Constitution. Although constitutional amendments can only be changed by amending the constitution, Trump said he would end birthright citizenship through executive action. In response, Representative Pramila Jayapal (D-Washington) described Trump's plans as "completely un-American. The 14th Amendment guarantees birthright citizenship. Trump cannot unilaterally end it, and any attempt to do so would be both unconstitutional and immoral."

Finally, Trump said he would work with the Democrats on a plan to protect Dreamers [link removed] – undocumented immigrants who came to the United States as children.

****Net Immigration Rate Under the Biden Administration is the Largest in US History****On December 11, a New York Times report [link removed] highlighted that more than two million immigrants per year entered the United States during the Biden administration. Using data from the Congressional Budget Office, the New York Times concluded that the net immigration rate – which expresses the difference between the number of migrants entering and those leaving the country – averaged 2.4 million people from 2021 to 2023, which represents the largest immigration surge in US history. According to the report, 40% of immigrants in that period entered the country with the required legal authorization.

That immigration surge increased the foreign-born population of the United States to 15.2% in 2023, the largest percentage in the country's history. The previous high of foreign-born population was 14.8% in 1890.

****DHS Announces Permanent Increase of the Automatic Extension Period for Certain Employment Authorization Document Renewal Applicants****On December 10, the Department of Homeland Security (DHS) announced a final rule that will permanently increase the automatic extension period of employment authorization from 180 days to up to 540 days for eligible applicants who file a request to renew their work authorization.

The new rule is expected to improve access to employment authorization documents and support US employers experiencing labor shortages. Secretary of Homeland Security Alejandro N. Mayorkas said that "increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation's robust economy."

****Legal****

****Supreme Court Rules That Judges Cannot Review Visa Revocations****On December 10, the US Supreme Court unanimously ruled [link removed] that judges cannot review visa revocations by the Department of Homeland Security (DHS), arguing that it is a discretionary decision from the agency. Justice Brown, who wrote for the Court, argued that the "secretary may, at any time, revoke approval of a visa petition for what that official deems good and sufficient cause."

The case, Bouarfa v. Mayorkas [link removed], stems after DHS initially approved a visa for a US citizen's husband but revoked it after determining he had engaged in a previous sham marriage. Sham marriages permanently bar individuals from remaining legally in the country.

****Federal Judge in North Dakota Blocks ACA Access for Dreamers in 19 GOP-Led States****On December 10, a Federal Judge in North Dakota temporarily blocked [link removed] a recent rule from the Biden administration that would have granted access to healthcare under the Affordable Care Act (ACA) to Dreamers, undocumented immigrants who came to the United States as children.

The decision comes after 19 states, led by Kansas, sued the federal government following recent guidance from the Centers for Medicare & Medicaid Services establishing a pathway for some Deferred Action for Childhood Arrivals (DACA) recipients to enroll in health insurance plans.

The judge argued [link removed] that the rule improperly encourages DACA recipients to remain in the United States illegally and forces states to spend millions of dollars on public services for them and their children.

**BILLS INTRODUCED AND CONSIDERED**

H.R. 10375 [link removed]

**To amend the Immigration and Nationality Act and the Mutual Education and Cultural Exchange Act of 1961 to strengthen the critical minerals workforce in the United States**

Sponsored by Rep. Ritchie Torres (D-New York) (5 [link removed] cosponsors— 3 Republicans, 2 Democrats)

12/11/2024 Introduced in the House by Rep. Ritchie Torres

12/11/2024 Referred to the House Committees on Foreign Affairs and the Judiciary

**LEGISLATIVE FLOOR CALENDAR**

The US Senate will be in session the week of Monday, December 16.

The US House of Representatives will be in session from Monday, December 16, through Thursday, December 19.

**UPCOMING HEARINGS AND MARKUPS**There are no immigration-related hearings scheduled for the week of Monday, December 16.

**GOVERNMENT REPORTS**There were no immigration-related reports the week of December 9, 2024.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**Q&A: Birthright Citizenship [link removed] to narrow birthright citizenship fly in the face of more than 125 years of common practice going back to the judicial interpretation of the 14th Amendment — and beyond that to the nation's founding.

Mass Deportation in the U.S.: Explainer [link removed] far beyond current policies prioritizing the identification and removal of those with criminal records and/or public safety threats, a sweeping large-scale removal operation would require an enormous mobilization of resources and the execution of wide-ranging enforcement actions across the country, including mass raids and sprawling detention camps.

**Dreamers in the United States: An Overview of the Dreamer Community and Proposed Legislation** [link removed] resource provides an overview of Dreamer population estimates and data on how many Dreamers would be protected by legislation proposed in Congress over the years.

* * *

*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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