Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
February 5, 2021 is now posted.

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

All the best,

Danilo 

**LEGISLATIVE BULLETIN - Friday, February 5, 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**H.R. 506

**The Immigration Detainer Enforcement Act**

The bill would authorize state and local law enforcement officials to
hold noncitizens for up to 48 hours upon issuance of a federal detainer
from the Department of Homeland Security (DHS). The bill would also
provide reimbursement to local law enforcement officials for certain
detention, technology, and litigation-related costs associated with
complying with federal detainers.

Sponsored by Representative Dan Bishop (R-North Carolina) (13

cosponsors - 13 Republicans, 0 Democrats)

01/28/2021 Introduced in the House by Representative Bishop

01/28/2021 Referred to the House Committee on the Judiciary

H.R. 529

**The Protecting Sensitive Locations Act**

The bill would prohibit immigration enforcement actions in a number of
"sensitive locations," including schools, hospitals, funeral homes,
homeless shelters, places of worship, and court houses.

Sponsored by Representative Adriano Espaillat (D-New York) (4

cosponsors - 4 Democrats, 0 Republicans)

01/28/2021 Introduced in the House by Representative Espaillat

01/28/2021 Referred to the House Committee on the Judiciary

H.R. 531

**The ICE and CBP Body Camera Accountability Act**

The bill would require Immigration and Customs Enforcement (ICE) and
Customs and Border Protection (CBP) officers to wear body cameras when
on duty and on their shift. The bill requires footage from these cameras
to be made available for administrative proceedings, civil actions, and
criminal prosecutions.

Sponsored by Representative Adriano Espaillat (D-New York) (4

cosponsors - 4 Democrats, 0 Republicans)

01/28/2021 Introduced in the House by Representative Espaillat

01/28/2021 Referred to the House Committee on the Judiciary

H.R. 536

**The New Deal for New Americans Act**

This bill would create a National Office on New Americans to promote
immigrant and refugee inclusion and integration, establish a $50
naturalization application fee, create federally funded programs for
English-language learning and workforce development for immigrants and
refugees, and set U.S. refugee admissions at a minimum of 110,000, among
other provisions.

Sponsored by Representative Chuy Garcia (D-Illinois) (39

cosponsors - 39 Democrats, 0 Republicans)

01/28/2020 Introduced in the House by Representative Garcia

01/28/2020 Referred to the House Committee on the Judiciary

H.R. 709

**The Border Crisis Prevention Act**

The bill would increase the standard of proof for asylum seekers to pass
credible fear interviews. The bill would also permit the Secretary of
Homeland Security to remove asylum seekers to third countries without
the need for a bilateral agreement. The bill would also authorize
additional funding for bed space in ICE detention facilities and
authorize 100 additional immigration judges. The bill also permits the
extended detention of certain noncitizens and includes a number of
additional asylum restrictions.

Sponsored by Representative Debbie Lesko (R-Arizona) (0 cosponsors)

02/02/2021 Introduced in the House by Representative Lesko

02/02/2021 Referred to the House Committee on the Judiciary

S. 80

**Sarah's Law**

The bill would require the federal government to take custody of anyone
present in the U.S. without authorization who is charged with a crime
resulting in the death or serious bodily injury of another person.

Sponsored by Senator Joni Ernst (R-Iowa) (21

cosponsors - 21 Republicans, 0 Democrats)

01/28/2021 Introduced in the Senate by Senator Ernst

01/28/2021 Referred to the Senate Committee on the Judiciary

S. Con. Res. 5

**A concurrent resolution setting forth the congressional budget for
the United States Government for fiscal year 2021 and setting forth
the appropriate budgetary levels for fiscal years 2022 through 2030.**

The concurrent resolution provides the framework for the passage of a
$1.9 trillion Covid-19 relief package. Concerning immigration, some U.S.
citizens in mixed-status families are likely to be eligible for the
$1,400 stimulus checks included in the proposed relief measures.

Sponsored by Senator Sanders (D-Vermont) (0 cosponsors)

02/02/2021 Introduced by Senator Sanders

02/03/2021 Considered by the Senate

02/04/2021 889

Senate Amendments filed, including the following immigration-related
amendments:

S. Amd. 6
,
sponsored by Senator Roger Marshall (R-Kansas), on creating a
deficit-neutral reserve fund relating to border security and the removal
of dangerous criminal aliens.

S. Amdt. 19
,
sponsored by Senator Roger Marshall (R-Kansas), on creating a
deficit-neutral reserve fund relating to deterring unauthorized
immigration from El Salvador, Guatemala, and Honduras.

S. Amd. 33
,
sponsored by Senator Bill Haggerty (R-Tennessee), on creating a
deficit-neutral reserve fund relating to supporting immigration policies
designed to support American citizens, not displace American workers.

S. Amdt 34
,
sponsored by Senator Bill Haggerty (R-Tennessee), on creating a
deficit-neutral reserve fund relating to supporting ICE officers in
combating drug and human trafficking and smuggling.

S. Amdt. 37
,
sponsored by Senator Bill Haggerty (R-Tennessee), on creating a deficit
neutral reserve fund relating to the southern border wall.

S. Amdt. 54
,
sponsored by Senators Todd Young (R-Indiana) and Tom Cotton
(R-Arkansas), on creating a deficit-neutral reserve fund relating to
prevention legislation that would allow illegal immigrants to receive
Economic Impact Payments or any other direct, tax-based temporary
financial assistance. (Passed by a vote of 58-42
).

S. Amdt. 174,

sponsored by Senator Thom Tillis (R-North Carolina), on a point of order
against legislation funding economic development grants for sanctuary
jurisdictions.

S. Amdt. 273
,
sponsored by Senator Tommy Tuberville (R-Alabama), on creating a deficit
neutral reserve fund relating to recognizing the jurisdiction of ICE
officers within sanctuary jurisdictions.

S. Amdt. 323
,
sponsored by Senator John Cornyn (R-Texas), on creating a
deficit-neutral reserve fund relating to prosecution of sex offenders
who enter the United States unlawfully.

S. Amdt. 380
,
sponsored by Senator Rick Scott (R-Florida), on creating a
deficit-neutral reserve fund for policies relating to the enforcement of
immigration laws.

S. Amdt. 399
,
sponsored by Senator Rick Scott (R-Florida), on creating a
deficit-neutral reserve fund relating to denying admission to members of
the Chinese Communist Party or People's Liberation Army under the EB-5
visa program.

S. Amdt. 543
,
sponsored by Senator Ron Johnson (R-Wisconsin), on a point of order
against eliminating current programs that aid immigration enforcement.

S. Amdt.544
,
sponsored by Senator Ron Johnson (R-Wisconsin), on creating a
deficit-neutral reserve fund relating to preserving current asylum law.

S. Amdt. 888
,
sponsored by Senator Chuck Schumer (D-New York), on rescinding three
previous amendments, including Senator Young's amendment that sought
to prevent unauthorized immigrants from receiving any form of direct
stimulus relief payments. (Passed by a vote of 51-50
).

02/05/2021 Passed the Senate by a vote of 51-50

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will be in session the week of Monday, February 8, 2021.

**UPCOMING HEARINGS AND MARKUPS**Nomination of Marty Walsh to serve as
Secretary of Labor
Date: Thursday,
February 11, 2021 at 10:00 a.m. (Senate Health, Education, Labor and
Pensions Committee)

Location: 430 Dirksen Senate Office Building (and streamed via HELP
Committee Website
)

Witnesses: Martin J. Walsh, former mayor of Boston and Representative
from Massachusetts

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****President Biden Releases Additional Actions on Immigration****On
February 2 and February 4, President Biden signed

four new immigration-related executive orders impacting border and
asylum policy, legal immigration, family reunification and refugee
resettlement. The orders combine substantive changes with directions to
agencies to review and determine whether to terminate restrictive Trump
administration policies.

The February 2 executive order

on regional migration and border processing immediately revoked a number
of Trump administration asylum policies, including those that created a
radically accelerated asylum review process and restricted asylum
seekers' access to legal counsel. The order also called for agencies
to review the Migrant Protection Protocols (MPP), which kept migrants
stranded in Mexico while their asylum cases continued in the U.S., as
well as the use of controversial Centers for Disease Control and
Prevention (CDC) guidelines that require the rapid expulsion of almost
all newly arriving unauthorized border crossers. The order also called
for plans to address the root causes of migration and create new
regional migration pathways.

Two other

orders

on February 2 established a task force

to reunite families that were separated under the Trump administration
and called for the review of a number of Trump administration legal
immigration policies, including

the public charge rule that allows officials to deny admission, visa
renewals, or permanent residency to certain noncitizens based on their
use of certain public benefits. The task force will be led by the
Secretary of Homeland Security Alejandro Mayorkas, and it will look into
the possibility of offering legal status to those affected by family
separation.

An executive order

on refugee resettlement, released on February 4, made a number of
changes designed to improve the efficacy of the U.S. Refugee Admissions
Program and review the Special Immigrant Visa program for those who have
assisted the U.S. military overseas. The action also revoked a Trump
administration order calling for "enhanced vetting" of the refugee
system as well as an order that allowed states and localities to vote
against resettling refugees. Biden announced

that his goal is to raise the refugee resettlement ceiling to 125,000 by
fiscal year (FY) 2022, and noted that he planned to raise the current
ceiling up from the historic low of 15,000 set by the Trump
administration.

The orders come in addition to other immigration-related actions Biden
took on his first day in office.

****Budget Reconciliation Clears First Stage After Senate Republicans
File Over 900 Amendments****On the morning of February 5, in a party
line vote, the Senate passed

a resolution setting the budget for fiscal year (FY) 2021. The
resolution is the first step in the budget reconciliation process, which
is likely to allow Democrats and the Biden administration to avoid a
Senate filibuster and pass a $1.9 trillion coronavirus relief package,
the details of which will be clarified in the House the week of February
8.

Concerning immigration, some U.S. citizen members of mixed status
families are likely to be eligible

for stimulus relief under the new coronavirus package. These include
households where U.S. citizens or green card holders filed jointly with
undocumented spouses, but not households with U.S. citizen children and
parents who are undocumented.

The use of budget reconciliation allowed Republicans in the Senate to
file almost 900

amendments and force 41 additional votes the night of February 4, a
process nicknamed "vote-a-rama." Several of the proposed amendments
concerned immigration-related issues, with a number of Republican
Senators filing a series of amendments in support of additional border
and interior immigration enforcement and asylum restrictions. These
amendments largely failed or were not brought up to a vote.

One immigration-related amendment that passed

with some bipartisan support was introduced

by Senators Todd Young (R-Indiana) and Tom Cotton (R-Arkansas) and was
designed to prohibit unauthorized immigrants from receiving COVID-19
stimulus checks. Senator Young later clarified

on the Senate floor that the amendment was not intended to prevent U.S.
citizens filing in mixed-status families from accessing stimulus relief.
A further amendment was later passed that repealed

the Young-Cotton amendment entirely.

****Bipartisan Dream Act Reintroduced in Senate ****On February
4, Senators Dick Durbin (D-Illinois) and Lindsey Graham (R-South
Carolina) announced
 legislation
that would provide millions of immigrants brought to the U.S. as
children with permanent legal status, allowing them to continue living
and working in the U.S. without fear of deportation. The Dream Act of
2021 would provide recipients of Deferred Action for Childhood Arrivals
(DACA) and other Dreamers the opportunity to earn eventual
citizenship. Dreamers would qualify

if they came to the U.S. when they were 15 years of age or younger and
resided in the U.S. for at least 5 years at the time the bill is
enacted, and if they have been accepted to a U.S. college or serve in
the military.

This year marks the 20th anniversary of the first introduction of the
bill with bipartisan support, and the fourth time Senators Durbin and
Graham have co-sponsored legislation that includes protections for
Dreamers.

Separately, on February 2, a new Texas business coalition
 joined the calls for legislative
action on behalf of Dreamers. The group, which has the support
of Senator John Cornyn (R-Texas), includes the Texas Business
Leadership Council, the Fort Worth Chamber of Commerce, and a number of
other businesses and universities across the state. Senator
Cornyn stated
 at
a virtual news conference that "these young men and women deserve
certainty to be able to plan their future," further stating that "the
only way to do that is through legislation."

****Mexico Stops Accepting Some Migrant Families Rapidly Deported by
U.S.****According to a February 3 report
,
in certain circumstances the Mexican government has stopped agreeing to
take in migrant families who have been summarily expelled by the Biden
administration under CDC guide
lines.
The refusals, which are mostly taking place in the South Texas border
region, have resulted in U.S. Customs and Border Protection (CBP)
employing alternatives to detention (ATDs) and releasing many of the
migrant families into the U.S. while their immigration court cases
continue.

The change was not publicly disclosed or justified by the Mexican
government, but it may be the result of a recent Mexican law

that declares that migrant children and families can no longer be held
in immigration detention. The border regions where Mexico is no longer
accepting expelled migrant families are also those where migrant family
shelters on the Mexican side of the border are filled up and unable to
take additional migrants.

The U.S. has expelled approximately 390,000 migrants, including
thousands of families and unaccompanied children, back to Mexico since
the rule was initially implemented by the Trump administration in March
2020. The expulsions occurred without allowing migrants to request
humanitarian protection or be screened for signs of human trafficking.
The rule currently remains in effect, although a recent executive order
from President Biden directed various federal agencies to review whether
to terminate the guidelines.

According to a February 3 Associated Press report
,
19 individuals were murdered in Northern Mexico just miles from the
U.S.-Mexico border. The remains identified included 13 Guatemalan
migrants hoping to seek asylum in the U.S. The incident is the latest in
a long history
 of
violence against migrants in northern Mexico.

****Trump DHS Official Attempted to Grant ICE Union Control over U.S.
Immigration Policy in Unconventional Labor Agreement****According to a
whistleblower complaint filed February 1, senior Department of Homeland
Security (DHS) official Ken Cuccinelli signed a labor agreement

in the final days of the Trump administration that attempts to grant the
union representing Immigration and Customs Enforcement (ICE) workers
significant say over U.S. immigration enforcement policy. The contract
would require DHS leaders to obtain "prior affirmative consent" in
writing from the union before enacting any policy changes that could
affect the duties of ICE agents. This would allow the union to reject
changes in enforcement priorities, such as President Biden's recent
directive to prioritize unauthorized immigrants who have been convicted
of violent crimes over those with no criminal record.

The agreement also attempts to grant ICE workers the right to spend
substantially more "official time" on union activities than union
workers in other agencies, according to the whistleblower complaint. It
also requires the government to pay for union-related travel expenses,
going against a Trump administration policy prohibiting such terms in
union contracts.

Under federal law, agency heads have the authority to revoke such
agreements within 30 days
from the date they are
executed. If the new secretary of DHS were to fail to do so, the
agreement could block the government from challenging any aspects of the
contract for the next eight years. Under the agreement signed by
Cuccinelli, who served in a series of non-Senate confirmed acting
positions in his tenure at DHS, the ICE union could appeal any such
revocation to the Federal Labor Relations Authority. On February 3, DHS
terminated

separate, similar agreements with states and localities that were also
attempts by Cuccinelli to hamstring Biden administration immigration
priorities.

Legal experts expressed doubts over the propriety and legality of the
last-minute agreements.

****DHS Encourages Vaccination Regardless of Immigration Status ****On
February 1, DHS announced
 that it
will not conduct routine immigration enforcement at vaccination sites to
encourage everyone, regardless of immigration status, to receive the
COVID-19 vaccine. In a statement
,
the agency said, "it is a moral and public health imperative to ensure
that all individuals residing in the United States have access to the
vaccine." Vaccination sites will be considered
 "sensitive
locations" and therefore off-limits to U.S. Immigration and Customs
Enforcement (ICE) and U.S. Customs and Border Protection enforcement
operations except under "the most extraordinary of circumstances."

****DHS Delays H-1B Regulation Eliminating H-1B Visa Lottery****On
February 4, the Department of Homeland Security (DHS) said

that it would be delaying the implementation of a recent regulation
restricting the H-1B nonimmigrant visa program for high-skilled
"specialty occupations." The Trump administration rule
,
which was finalized in January and previously set to go into effect in
March, would have ended the H-1B visa lottery, which is used each year
to whittle over 200,000 applicants down to just 85,000 accepted. The
rule would have replaced the lottery with a ranking system for H-1B
petitions based on salary-level, starting with the highest and working
down. The rule has been delayed until at least December 31, 2021.

DHS said

it would not have time to implement the rule before the annual H-1B
registration period beginning in March. The agency has also re-opened
the rule to public comment and is likely to make additional changes to
the rule - or rescind it entirely - before it goes into effect
next year.

****Legal****

****Supreme Court Calls Off Oral Arguments on Trump Immigration
Cases****On February 3, the Supreme Court called off

upcoming oral arguments on two key immigration-related cases from the
Trump administration. The first,  **Trump v. Sierra Club**
, focuses on the
Trump administration's diversion of military funds to pay for a wall
along the southern U.S. border. The second, **Wolf v. Innovation Law
Lab**
,
pertains to the Migrant Protection Protocols (MPP)-commonly referred
to as the Remain in Mexico policy-which require asylum seekers at the
southern border to remain in Mexico while their claims are processed.

President Biden has already reconsidered both policies in question
through executive orders. On January 20, he ended

the state of emergency on the southern border that had previously been
used to justify the diversion of military funds toward border wall
construction. He also suspended

new enrollments in MPP and the administration is currently evaluating
whether to end the program entirely. On February 1, the Biden
administration asked

the Court to cancel those arguments, given the federal government's
new posture.

****Appeals Court Allows Expulsions of Unaccompanied Children****On
January 29, a federal appeals court reversed

a decision blocking the U.S. from summarily expelling unaccompanied
children without first allowing them to request humanitarian protection
or properly screening them for signs of human trafficking. The ruling
allowed the Biden administration to resume the expulsions of these
children, which was initially authorized under a pandemic-era CDC rule
issued during the Trump administration.

However, on February 3, the Biden administration announced

that despite the ruling, it would not use the authority to expel
unaccompanied children. A White House spokesperson said
,
"the Border Patrol will continue to transfer unaccompanied children to
the HHS Office of Refugee Resettlement so they may be properly cared
for."

Also on February 3, the Department of Health and Human Services (HHS)
said

in a statement that it would be opening an overflow facility for
unaccompanied migrant children in Carrizo Springs, Texas. The facility
will be used for children 13 years and older who have been cleared from
quarantine procedures. The Department of Homeland Security is also

planning expansions of its processing capacity for any potential influx
in other unauthorized border crossers.

****Nominations/Personnel****

****Senate Confirms Mayorkas as Homeland Security Secretary****On
February 2, the Senate confirmed Alejandro Mayorkas as the Department of
Homeland Security (DHS) Secretary in a 56-43 vote. Following the January
28 vote to move forward with the confirmation process, Mayorkas once
again received

support from Republican Senators Susan Collins (R-Maine), Mitt Romney
(R-Utah), Shelley Moore Capito (R-West Virginia), Lisa Murkowski
(R-Alaska), Dan Sullivan (R-Alaska), and Rob Portman (R-Ohio).

This confirmation occurred despite Republican attempts to stall his
nomination at various stages in the process from Senators Josh Hawley

(R-Missouri), John Cornyn

(R-Texas), and minority leader Mitch McConnell

(R-Kentucky).

Mayorkas is the first Latino and first immigrant to lead DHS. He is also
the first Senate-confirmed DHS secretary since April 2019. Leading the
240,000-person department, Mayorkas will be tasked with implementing
Biden's immigration agenda, including undoing many Trump-era
immigration policies.

**GOVERNMENT REPORTS**

**Office of the Inspector General (OIG):****DHS Has Not Effectively
Implemented the Prompt Asylum Pilot Programs**

**; January 25, 2021.**In this report, the Department of Homeland
Security (DHS) Office of Inspector General (OIG) evaluated and found
that two DHS asylum pilot programs - Prompt Asylum Claim Review (PACR)
and Humanitarian Asylum Review Process (HARP) - were ineffectively
implemented. The two programs were introduced in October 2019 to process
asylum claims more quickly in response to an increase in the number of
migrants that had arrived at the southern border. The report found that
multiple lapses placed migrants' safety at risk or negatively impacted
their chances of gaining asylum. For example, migrants were often held
in detention longer than was standard; families were relocated and
children were placed in holding cells with unrelated adults; staff
resources were not sufficient to manage the programs effectively; and
migrants' access to legal resources were insufficient and did not
prepare asylum applicants for interviews.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES**Fact Sheet: Mixed
Status Families and Covid-19 Economic Relief
This
fact sheet provides information and demographic details about mixed
status families living in the U.S. It provides information on tax
payments by families filing joint tax returns listing both U.S. citizens
with Social Security Numbers and family members who have Individual
Taxpayer Identification Numbers (ITINs). The fact sheet also explains
why some undocumented spouses may be unable to obtain legal status, and
how these families have been excluded from COVID-19 relief legislation.

Dream Act of 2019: Bill Summary
This
is a summary of the Dream Act of 2019, which was reintroduced on
February 4, 2021. The bill would provide Dreamers - young undocumented
immigrants who were brought to the United States as children and have
lived in the U.S. for most of their lives - with protection from
deportation and an opportunity to obtain legal status if they meet
certain requirements.

Room to Grow: Setting Immigration Levels in a Changing America
This
National Immigration Forum paper proposes an evidenced-backed approach
to setting overall immigration levels based on addressing demographic
realities. The paper argues the country will need more immigrants in
order to continue to thrive and beat back the looming ill effects of
demographic decline.

* * *

*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.

 

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