Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
January 29, 2021 is now posted.

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

All the best,

Danilo 

**LEGISLATIVE BULLETIN - Friday, January 29, 2021**BILLS INTRODUCED AND
CONSIDERED LEGISLATIVE FLOOR CALENDAR
UPCOMING HEARINGS AND MARKUPS
THEMES IN WASHINGTON THIS WEEK
GOVERNMENT REPORTS
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES

**BILLS INTRODUCED AND CONSIDERED****S. 17**

**The Ban Birth Tourism Act**The bill would prohibit the issuance of
temporary nonimmigrant visas to noncitizens who have been determined to
be seeking admission for the primary purpose of obtaining U.S.
citizenship for a child by giving birth to the child in the United
States.Sponsored by Senator Marsha Blackburn (R-Tennessee)1/22/2021
Introduced in the Senate by Senator Blackburn1/22/2021 Referred to the
Senate Committee on the Judiciary**S. 50**

**The Venezuela TPS Act**The bill would allow Venezuelan nationals to
become eligible for Temporary Protected Status (TPS) in the United
States. TPS allows those who are unable to return to their home
countries safely to live and work in the U.S. for temporary
periods.Sponsored by Senator Robert Menendez (D-New Jersey) (4

cosponsors - 1 Republican, 3 Democrats)01/26/2021 Introduced in the
Senate by Senator Menendez01/26/2021 Referred to the Senate Committee on
the Judiciary**S. 60**

**The Immigration Detainer Enforcement Act**The bill would provide
explicit authority to state and/or local law enforcement agencies to
maintain individuals in custody in cases in which an immigration
detainer has been issued and incentivize cooperation between federal
immigration officials and state and/or local law enforcement through the
reimbursement of certain detention, technology, and litigation-related
costs.Sponsored by Senator Thom Tillis (R-North Carolina) (7 cosponsors
- 7 Republicans, 0 Democrats)01/27/2021 Introduced in the Senate by
Senator Tillis01/27/2021 Referred to the Senate Committee on the
Judiciary**H.R. 398**

**The No Asylum for Criminals Act**The bill would deny access to asylum
for any individual who has been convicted of any crime, except political
offenses committed outside of the U.S. as designated by the Secretary of
Homeland Security.Sponsored by Representative Bob Good (R-Virginia) (15

cosponsors - 15 Republicans)01/21/2021 Introduced in the House by
Representative Good01/21/2021 Referred to the House Committee on the
Judiciary**H.R. 413**

**The Security and Fairness Enhancement for America Act**The bill would
eliminate the diversity visa program, which is designed to allow
additional immigration opportunities to people from countries with
relatively low rates of immigration to the U.S.Sponsored by
Representative Bill Posey (R-Florida) (0 cosponsors)01/21/2021
Introduced in the House by Representative Posey01/21/2021 Referred to
the House Committee on the Judiciary**H.R. 416**

**To allow the Secretary of the Treasury to accept public donations to
fund the construction of a border wall on the Southwest
border.**Sponsored by Representative Bill Posey (R-Florida)01/21/2021
Introduced in the House by Representative Posey01/21/2021 Referred to
the House Committees on Ways and Means and on the Judiciary**H.R. 453**

**The Help Ensure Legal Detainers (HELD) Act**The bill would deny
federal funding to any state or political subdivision that has any law,
policy, or procedure that prevents or impedes a State or local law
enforcement official from maintaining custody of a noncitizen pursuant
to an immigration detainer issued by the Department of Homeland Security
(DHS).Sponsored by Representative Ken Calvert (R-California) (1

cosponsor - 1 Republican)**H.R. 471**

**The Protecting Americans from Unnecessary Spread upon Entry (PAUSE)
Act**The bill would prohibit the Department of Health and Human Services
(HHS) or DHS from lessening the stringency of or ceasing the use of
title 42 expulsions until the end of the Covid-19 pandemic. Under title
42, DHS has summarily expelled arriving unauthorized immigrants without
first allowing them to request humanitarian protection.Sponsored by
Representative Yvette Herrell (R-New Mexico) (25 cosponsors - 25
Republicans)01/25/2021 Introduced in the House by Representative
Herrell01/25/2021 Referred to the House Committee on Energy and Commerce

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate will be in session the
week of Monday, February 1, 2021.The U.S. House of Representatives will
be in session from Tuesday, February 2, 2021 to Friday, February 5,
2021.

**UPCOMING HEARINGS AND MARKUPS**There are no immigration-related
hearings or markups currently scheduled in the U.S. Senate or the U.S.
House of Representatives.

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Biden Administration Rescinds Zero Tolerance Policy at the Border
and Plans Task Force to Reunite Families****The Department of Justice
(DOJ) announced in a January 27 memo that it is ending

the Trump-era "zero tolerance" policy to prosecute all undocumented
immigrants crossing the border. The policy resulted in the separation of
more than 3,000 migrant children from their parents in the summer of
2018 and was met with widespread criticism from Members of Congress,
faith groups, and the general public. After the public outcry, the Trump
administration largely ended the policy via an executive order

in 2018, but the January 27 memo officially terminated the policy and
called for a return to "individualized assessments in criminal cases."A
January 14 report
by
the DOJ Office of Inspector General (OIG) found that prior to the
policy's implementation, DOJ leadership were aware "that prosecution
of these family unit adults would result in children being separated
from them," but proceeded with the policy anyway, under strong pressure
from then-attorney general Jeff Sessions.The Biden administration has
announced plans for the creation of a task force to help reunite the
over 600 children who remain separated from their parents as a result of
the zero-tolerance policy and a similar 2017 pilot program. The
taskforce will be headed
by
incoming Secretary of Homeland Security Ali Mayorkas, and on January 27,
first lady Jill Biden announced
her
Chief of Staff would also be involved in the effort to reunite the
families who remain separated.Many of the children who have been
separated from their parents remain in the U.S., either in foster homes
or with other family members, but the government has thus far been
unable to locate

over 300 of them.

****Biden Administration, Immigration Advocates Open to Incremental
Reform Approach****According to a January 26 report, the Biden
administration has indicated

that while it will continue to push for the passage of comprehensive
immigration legislation, it is willing to shift focus to more
incremental reforms if needed. On January 20, the administration
announced

a comprehensive package that included a pathway to legalization for 11
million undocumented people as well as a number of reforms to border
policy, legal immigration, and the asylum system. Passage of the Biden
bill is likely to be a significant challenge

given the need to negotiate a bipartisan solution with skeptical Senate
Republicans, and while the administration and leading Democrats have
made clear they are open to compromise, an administration official has
reportedly

described the plans for immigration legislation as "not an
all-or-nothing approach."Smaller bills that the administration and
immigration advocates may support include a permanent legislative
solution for undocumented individuals who came to the U.S. as children
(Dreamers) and for temporary protective status (TPS) holders. According
to a January 28 report
,
Senators Dick Durbin (D-Illinois) and Lindsey Graham (R-South Carolina)
are planning on reprising their efforts to provide a path to permanent
status for Dreamers by reintroducing the DREAM Act
the week
of February 1.The Farm Workforce Modernization Act
,
which would reform the H-2A temporary agricultural worker program and
provide a pathway to permanent status for undocumented farmworkers, may
also be on the table as a smaller, more incremental piece of
legislation.

****More Immigration-Related Guidance Expected in February****The White
House is expected to issue a series
of immigration-related executive orders and guidance in February,
according to a January 28 report
. The
actions, previously set to roll out on January 29 but delayed at
least a few days, include
 the
establishment of a task force focused on reuniting families
separated under the Trump administration, an executive order in support
of the refugee admissions program, and an action on border processing.
The latter action would aim to reverse certain Trump administration
asylum restrictions and to begin to address the root causes of migration
through investment in Central America.The sources involved in the
discussions did not give a reason for the delay but noted
 it
would be "by at least a few days." Meanwhile, the
administration awaits
 the
Senate confirmations of Alejandro Mayorkas to lead the Department of
Homeland Security and Xavier Becerra to lead the Department of Health
and Human Services, both departments that would be involved in
overseeing the enactment of the expected executive guidance.

****ICE Releases Remaining Potential Victims of Alleged Medical Abuse at
Georgia Detention Facility****According to a January 22 report
,
Immigration and Customs Enforcement (ICE) has released nine women who
were involved in a medical abuse case at the Irwin County Detention
Center in Georgia. The women were identified as potential victims
following a September 14, 2020 whistleblower complaint

that alleged that as many as 57

female detainees at the Irwin facility were subject to medical
mistreatment, including a high rate of unwanted, invasive gynecological
surgeries. According

to numerous

reports
,
the surgeries, including several hysterectomies, were performed "without
full understanding or consent."Many of the women subject to the alleged
abuse were subsequently deported by the Trump administration, but a
November court order halted

the further deportation of potential witnesses.

****U.S. Customs and Border Protection Halts Construction of Southern
Border Wall  ****On January 25, U.S. Customs and Border Protection
(CBP) officially notified
 its
contractors to stop all border barrier construction projects along the
U.S.-Mexico border by January 27. This follows President Biden's
January 20 executive order
,
which terminated the national emergency declared at the southern border
by the Trump administration and directed the end of all border wall
construction within seven days of the order. Although the CBP
notification only applies to projects it directly oversees, the
Department of Defense (DOD) and U.S. Army Corps of Engineers are
expected to take similar steps to halt border wall construction
projects.According to the Trump administration, 452 miles of new
barriers were built
 along
the 2,000-mile southern border over the previous four
years. Construction had continued despite an estimated
 $16.3
billion cost and ongoing legal challenges, including a case that is
currently before
 the
U.S. Supreme Court questioning the legality of diverting military funds
for barrier construction.In addition to halting all wall construction,
Biden's January 20 executive order also calls for DoD, DHS, and the
Office of Management and Budget (OMB) to come up with a plan within 60
days to redirect all available funds that had previously been allocated
for the construction of border barriers.

****Biden Administration Extends Temporary Protected Status for
Syrians****On January 29, Acting Secretary of Homeland Security David
Pekokse extended

and redesignated Temporary Protected Status (TPS) for Syrian immigrants
living in the U.S. for 18 additional months. There are currently
approximately 6,700 Syrians who may now register or re-register for
protected status through September 2022. Prior to the extension, Syrian
TPS was set to expire on March 31. Status was both extended and
redesignated, meaning those who have recently arrived in the U.S. will
be newly eligible for protection.TPS is granted by the Secretary of DHS
to eligible foreign-born individuals who are unable to return home
safely due to violence or other circumstances in their home country.

****Legal****

****Federal Judge Blocks Biden's 100-Day Deportation Moratorium****On
January 26, a federal judge in the Southern District of Texas granted
Texas Attorney General Ken Paxton's request for a temporary
restraining order (T.R.O.) against the Biden administration's 100-day
deportation moratorium
,
thereby suspending

it for at least 14 days. The decision blocks DHS from automatically
pausing the removal of persons possessing executable final orders of
removal. The judge argued

that DHS "failed to provide any concrete, reasonable justification for a
100-day pause on deportations" and that Texas may "suffer imminent and
irreparable harm" if the moratorium remained in place. The T.R.O. does
not impact other sections of the January 20 DHS enforcement memorandum
that included the moratorium, including DHS's issuance of new interim
interior enforcement priorities.Paxton had claimed that the moratorium
violated a deal

signed by former DHS official Ken Cuccinelli with Texas and several
other states and localities that would require the DHS to provide six
months of notice and the opportunity to comment before implementing
significant immigration policy changes. However, the judge specified

that his decision was not based on the agreement between Texas and the
former administration, but rather a requirement to preserve the "status
quo" under federal law.While the T.R.O. will be in effect nationwide for
two weeks, its precise impact remains unclear as it does not require
deportations to resume at the pace set by the previous
administration.The 100-day deportation moratorium was a noteworthy
immigration priority

for the Biden administration, premised on giving the administration time
to consider changes to enforcement priorities and to look at each
detainee's case individually.

****Nominations/Personnel****

****Mayorkas Expected to be Confirmed to Lead DHS on February 1
Following Bipartisan Cloture Vote****The Senate is expected to conduct
a final floor vote
 to confirm
Alejandro Mayorkas as DHS secretary on February 1, after opposition by
some Senate Republicans, including calls to slow down the process. On
January 26, the Senate Homeland Security and Government Affairs (HSGAC)
committee approved Mayorkas, with Senators Rob Portman (R-Ohio) and Mitt
Romney (R-Utah) joining committee democrats in voting for the process to
move forward. On January 27, Senate Majority Leader Chuck Schumer filed
cloture

to advance Mayorkas' nomination, and a cloture vote passed on January
28 by a vote of 55-42.The vote followed an attempt by Senate
Republicans, led by Senators Josh Hawley (R-Missouri) and John Cornyn
(R-Texas), to delay the proceedings. Hawley had pushed to delay the
HSGAC vote, and Cornyn led a letter
 to incoming
Judiciary Committee Chairman Dick Durbin (D-Illinois) requesting an
additional hearing for Mayorkas before the Senate Judiciary
Committee.In the January 28 vote, Senators Susan Collins (R-Maine), Lisa
Murkowski (R-Alaska) and Shelley Moore Capito (R-West Virginia) joined

Romney and Portman as Republicans who voted to move forward with the
confirmation process, setting up the final confirmation vote on the
Senate floor on February 1. Senate Democrats

and former DHS leaders

have urged that Mayorkas be confirmed promptly.

****Senate Confirms Blinken as Secretary of State  ****On January 26,
President Joe Biden's nominee to serve as Secretary of State,
Antony Blinken, was confirmed
 by
the Senate in a 78-22 vote with strong bipartisan support.Blinken, who
served as the Deputy Secretary of State from 2015 to 2017, expressed the
importance American leadership in foreign policy and pledged to reengage
U.S. allies on national security threats and rebuild global alliances
during his Senate confirmation hearing
. Citing his
own family's history of forced migration
,
he has been a strong advocate
 for
increased refugee resettlement and will play a key role

in following through on President Biden's vow
 to restore the annual refugee
admissions cap to 125,000 from its historic low of 15,000 set by the
Trump administration for fiscal year 2021. Blinken said
 he
will also look to make financial investments in Guatemala, Honduras, and
El Salvador to improve conditions within countries of origin
and reduce the need for migration
.

****McHenry Steps Down as Director of Agency Overseeing Immigration
Courts****On January 27, James McHenry resigned

as director of the Executive Office of Immigration Review (EOIR), which
manages the U.S. immigration court system. McHenry told EOIR staff in an
email that he will transition to a role as a chief administrative
hearing officer and will be succeeded by Jean King, a career official at
the agency.In his time at EOIR, McHenry took steps to speed cases
through the court system and limit the discretion of immigration judges,
instituting case quotas, restricting judges' ability to issue grants
of asylum, and requiring them to reopen previously closed cases. These
changes prompted a number of retirements and resignations
.
One former judge, who resigned in 2018, said

that "the timing of my retirement was a direct result of the draconian
policies of the Administration."

**GOVERNMENT REPORTS**

**Government Accountability Office (GAO):****SOUTHWEST BORDER: DHS and
DOJ Have Implemented Expedited Credible Fear Screening Pilot Programs,
but Should Ensure Timely Data Entry**

**; January 25, 2021.**In this report, the Government Accountability
Office (GAO) reviewed the expedited fear screening pilot programs
implemented along the southern border from October 2019 to March 2020.
These programs were meant to speed up screenings along the border, and
the Department of Homeland Security (DHS) aimed to complete
individuals' screenings within 5-7 days of apprehension. Individuals
were to be kept in the custody of U.S. Customs and Border Protection
(CBP) while awaiting their screenings. However, GAO found that about 86%
of individuals were kept in CBP custody for up to 20 days, much longer
than the 5-7 days intended by the program. Additionally, GAO found that
DHS and the Executive Office for Immigration Review (EOIR) could not
account for the status of about 630 individuals in the expedited fear
screening program. Officials did not know whether DHS agents had filed
the notices, or whether EOIR had received, but not entered, the data.

**Congressional Research Service (CRS):****Reinstatement of Removal: An
Introduction**

**; January 22, 2021**This report serves as an overview of the
reinstatement of removal process. Non-citizens are ordered to be removed
if they do not meet the requirements for entering or continuing to
reside in the United States. The reinstatement of removal process is for
those foreign nationals who have reentered the country unlawfully after
being removed at least once.

**Congressional Research Service (CRS):****Expedited Removal of Aliens:
An Introduction**

**; updated January 21, 2021**This updated report provides an overview
of the expedited removal of noncitizens. Foreign nationals who are
residing within or have entered the United States unlawfully are subject
to formal removal proceedings. However, under expedited removal
processes, certain noncitizens may be deported in as little as a single
day without an immigration court hearing or other appearance before a
judge. Trump administration guidance expanded the categories of
noncitizens subject to expedited removal procedures.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**Fact Sheet: Family
Separation at the U.S.-Mexico Border
This
fact sheet provides an updated overview of the issue of family
separation at the Southwest border, including information on the
Department of Justice's (DOJ) former "zero-tolerance policy" to
prosecute all individuals crossing the U.S. border between ports of
entry without authorization.Fact Sheet: Immigration Detention in the
United States
This
updated resource provides details about the U.S. immigration detention
system. It describes detention by Immigration and Customs Enforcement
(ICE), Customs and Border Protection (CBP), and the Office of Refugee
Resettlement (ORR), and answers a number of frequently asked questions
about the detention system.Biden Administration's January 20 Executive
Actions on Immigration
This
explainer summarizes several of the Biden administration's "day one"
executive actions impacting immigrants. The explainer provides summaries
of nine separate immigration-related memoranda, proclamations, and
executive orders.* * **This Bulletin is not intended to be
comprehensive. Please contact Danilo Zak, National Immigration Forum
Policy and Advocacy Associate, with comments and suggestions of
additional items to be included. Danilo can be reached at
[email protected] . Thank you.

 

DONATE

 

**Follow Us**

 

[link removed]
[link removed]
[link removed]
[link removed]

 

 

 

The

**Only in America** podcast brings you to the people behind our
nation's immigrationdebate.

 

Listen now on:

 

**iTunes**
,**Stitcher**
,**Spotify**
,
and**more.**

 

 

National Immigration Forum

50 F Street NW, Suite 300

Washington, DC 20001

www.immigrationforum.org

 

Unsubscribe from the Legislative Bulletin
or opt-out from all Forum emails.

 

                                               
           
_________________

Sent to [email protected]

Unsubscribe:
[link removed]

National Immigration Forum, 50 F Street NW, Suite 300, Washington, DC 20001, United States