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Hello all,
The National Immigration Forum's Legislative Bulletin for Friday, December 20, 2024, is now posted.
You can find the online version of the bulletin here: https://immigrationforum.org/article/legislative-bulletin-friday-december-20-2024/
A note: This is the last legislative bulletin of the year. We'll return to our regular Friday schedule on January 10, 2025.
All the best,
Arturo
LEGISLATIVE BULLETIN - Friday, December 20, 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
Federal
Biden Administration Announces Two Final Rules on H-1B and H-2 Visa Programs
On December 17, the Biden administration announced two final rules on the H-1B and H-2 visa programs. On the one hand, the H-1B visa allows U.S. employers to hire noncitizen workers for specialty occupations requiring a bachelor's degree in various fields. The most relevant change of the H-1B rule is that it narrowed the definition of "specialty occupation" to emphasize that the bachelor's degree must be directly related to the job duties. The change is expected to exclude individuals with degrees in business administration or liberal arts – among other "general degrees" – from H-1B positions.
On the other hand, the H-2 visa program allows employers to bring foreign nationals to the United States to fill temporary agricultural (H-2A) and nonagricultural (H-2B) jobs. Among the most relevant provisions, the final rule strengthens the existing prohibition to charge certain fees to H-2A and H-2B workers. It also expands DHS's discretionary authority to deny H-2A or H-2B applications from petitioners who have been found to have committed labor law violations or abused the H-2 programs. The rule also creates a "whistleblower protection" to protect workers who report their employers for program violations.
Biden Administration Announces Final Rule that Will Restrict Access to Asylum by Allowing Bars During Initial Fear Screenings
On December 17, the Biden administration announced a final rule that will allow consideration of bars to asylum during initial asylum fear interviews.
The new rule will allow immigration authorities to bar from asylum people who have just arrived in the country – and who are typically not represented by legal counsel – based on national security or public safety grounds. The new rule represents a reversal of the long-standing practice (interrupted during the Trump administration but restored in 2022) of not applying bars to asylum at the credible fear screening stage. Immigration experts argued that assessing bars at the screening stage jeopardizes due process and fairness considerations of asylum applications.
Requesting asylum is a right granted to all foreign nationals, regardless of their immigration status, who are unable to return to their country because of a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
Senate Passes NDAA Without Afghan Adjustment Act; Congress Struggles to Reach Deal on Funding
On December 18, the U.S. Senate passed the National Defense Authorization Act (NDAA) by an 85 to 14 vote. The bill authorizes up to $895 billion in military spending for fiscal year (FY) 2025. Senate Majority Leader Chuck Schumer (D-New York) locked in an agreement before the December recess. The Senate NDAA was reconciled with the House version that passed 281 to 140 last week.
Many national security experts and immigration advocates were hoping that the bill would include provisions from the Afghan Adjustment Act (AAA), a bill that would provide stability and security for the U.S.'s Afghan allies, including many of those evacuated during the Afghan withdrawal nearly two years ago. However, AAA was not brought up for a vote despite a concerted effort to include it in the bill.
Finally, at the time of publication of this legislative bulletin, Congress had not reached an agreement on the short-term spending deal – known as Continuing Resolution – that would fund the federal government until March 14, 2025. The deadline to reach an agreement is midnight on December 20. In preparation for a possible impasse, the White House Office of Management and Budget alerted federal agencies to prepare for a possible government shutdown.
BILLS INTRODUCED AND CONSIDERED
Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
The bill authorizes up to $895 billion in military spending for fiscal year (FY) 2025.
Sponsored by Representative David Joyce (R-Ohio) (12 cosponsors — 5 Republicans, 7 Democrats)
07/27/2023 Introduced in the House by Representative David Joyce
12/11/2024 Passed the House by a 281 – 140 vote
12/18/2024 Passed the Senate by a 85 – 14 vote
To amend title 18, United States Code, to prohibit certain types of fraud in the provision of immigration services
Sponsored by Representative Veronica Escobar (D-Texas) (0 cosponsors)
12/17/2024 Introduced in the House by Representative Veronica Escobar
12/17/2024 Referred to the House Committee on the Judiciary
Immigrant Witness and Victim Protection Act
The bill would remove barriers for undocumented immigrant victims and witnesses who may be eligible for protection under the Violence Against Women Act (VAWA) and other federal laws.
Sponsored by Representative Jimmy Panetta (D-California) (1 cosponsor — 0 Republicans, 1 Democrat)
12/18/2024 Introduced in the House by Representative Jimmy Panetta
12/18/2024 Referred to the House Committee on the Judiciary
A bill to reduce the number of student visas available to nationals of the People's Republic of China until China removes certain restrictions on United States students pursuing postsecondary educational opportunities in China and to restrict the types of postsecondary study available to Chinese nationals in the United States to include sensitive topics with potential dual-use military application
Sponsored by Senator Dan Sullivan (R-Alaska) (1 cosponsor — 1 Republican, 0 Democrats)
12/17/2024 Introduced in the Senate by Senator Dan Sullivan
12/17/2024 Referred to the Senate Committee on the Judiciary
LEGISLATIVE FLOOR CALENDAR
The US Senate and House of Representatives are not expected to be in session the week of Monday, December 23.
UPCOMING HEARINGS AND MARKUPS
There are no immigration-related hearings scheduled for the week of Monday, December 23.
GOVERNMENT REPORTS
This GAO report recommends the Department of Justice's Executive Office for Immigration Review – responsible for conducting immigration court proceedings – to collect and publicly report data on respondent hearing appearances.
The annual Digest of United States Practice in International Law highlights the views and practice of the Government of the United States in international law, including asylum, refugee, and migrant issues.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
Proposals 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.
Going 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
This 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.
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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. |
