Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, April
23, 2021 is now posted.

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

All the best,

Danilo 

**LEGISLATIVE BULLETIN - Friday, April 23, 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. 1135**

**The Guaranteed Refugee Admissions Ceiling Enhancement (GRACE) Act**

The bill would prevent a U.S. President from setting a refugee
admissions ceiling below 125,000 a year. The bill is a companion to H.R.
2237
.

Sponsored by Senator Edward Markey (D-Massachusetts) (21 cosponsors
- 21 Democrats, 0 Republicans)

04/15/2021 Introduced in the Senate by Senator Markey

04/15/2021 Referred to the Senate Committee on the Judiciary

**S. 1138**

**Ending China's Exit Ban for American Citizens Act of 2021**

The bill would deny or revoke visas of Chinese officials who are
involved in extra-judicial actions against U.S. citizens. The bill
specifically revokes visas for Chinese officials participating in "exit
bans," which are used to prevent U.S. citizens who are not suspected of
a crime from leaving China.

Sponsored by Senator Edward Markey (D-Massachusetts) (3 cosponsors
- 2 Democrats, 1 Republican)

04/15/2021 Introduced in the Senate by Senator Markey

04/15/2021 Referred to the Senate Committee on the Judiciary

**S. 1159**

**The Counterfeit Goods and Seizures Act**

The bill would authorize Customs and Border Protection (CBP) to seize
goods or packaging entering the United States that involve design patent
infringement.

Sponsored by Senator Chuck Grassley (R-Iowa) (0 cosponsors)

04/15/2021 Introduced in the Senate by Senator Grassley

04/15/2021 Referred to the Senate Committee on Finance

**S. 1177**

**E Visa Integrity Act**

The bill would impose additional requirements to acquire an E visa,
which are used by foreign investors and traders who are nationals of
countries that have certain treaty agreements with the U.S. The bill
also requires those seeking E-2 investor visas to invest an
"economically impactful" amount of capital into the U.S.

Sponsored by Senator Mike Lee (R-Utah) (1

cosponsor - 1 Republican, 0 Democrats)

04/15/2021 Introduced in the Senate by Senator Lee

04/15/2021 Referred to the Senate Committee on the Judiciary

**S. 1186**

**Dignity for Detained Immigrants Act**

This bill seeks to improve conditions in U.S. detention centers and
would mandate that all detained immigrants have access to a bond hearing
before an immigration judge.

Sponsored by Senator Cory Booker (D-New Jersey) (3

cosponsors - 3 Democrats, 0 Republicans)

04/15/2021 Introduced in the Senate by Senator Booker

04/15/2021 Referred to the Senate Committee on the Judiciary

**S. 1261**

**Illegal Alien NICS Alert Act**

The bill would require the National Instant Criminal Background Check
system to notify U.S. Immigration and Customs Enforcement (ICE) as well
as other local law enforcement agencies when an individual who attempts
to purchase or transfer a firearm is determined to be without legal
immigration status.

Sponsored by Senator Tom Cotton (R-Arkansas) (4

cosponsors - 4 Republicans, 0 Democrats)

04/21/2021 Introduced in the Senate by Senator Cotton

04/21/2021 Referred to the Senate Committee on the Judiciary

**S. 1336**

**Protecting the Rights of Towns Against Federal Enforcement Contrary to
Constitutional Tenets for Immigration (PROTECT Immigration) Act**

The bill would rescind the 287(g) program, which allows DHS to enter
into agreements with state and local law enforcement agencies for the
purpose of enforcing federal immigration law. The bill is a companion to
**H.R. 2805**
.

Sponsored by Senator Cory Booker (D-New Jersey) (4

cosponsors - 4 Democrats, 0 Republicans)

04/22/2021 Introduced in the Senate by Senator Booker

04/22/2021 Referred to the Senate Committee on the Judiciary

**S. 1358**

**The Bipartisan Border Solutions Act**

The bill would create regional border processing centers, authorize
pilot programs to expedite the asylum process, improving access to legal
services and detention conditions, and provide additional resources and
personnel for border processing.

Sponsored by Senator John Cornyn (R-Texas) (1

cosponsors - 1 Democrats, 0 Republicans)

04/22/2021 Introduced in the Senate by Senator Cornyn

04/22/2021 Referred to the Senate Committee on the Judiciary

H.R. 1333

**NO BAN Act**

The bill would prevent the President from barring immigrants from
entering the U.S. based on their religion unless there is a statutory
basis for such an action. The bill also imposes other restrictions on
the President's 212(f) authority to restrict groups of immigrants.

Sponsored by Representative Judy Chu (D-California) (159

cosponsors - 159 Democrats, 0 Republicans)

02/25/2021 Introduced in the House by Representative Chu

02/25/2021 Referred to the House Committees on Homeland Security,
Intelligence, Foreign Affairs, and the Judiciary

04/21/2021 Passed the House by a vote of 218 to 208.

H.R. 1573

**The Access to Counsel Act**

The bill would provide access to legal counsel and other protections to
certain individuals who are subject to secondary inspections while
seeking to enter the U.S. Only U.S. citizens, green card holders, visa
holders, returning asylees, and refugees would be eligible for the
protections.

Sponsored by Representative Pramila Jayapal (D-Washington) (49
cosponsors - 49 Democrats, 0 Republicans)

03/03/2021 Introduced in the House by Representative Jayapal

03/03/2021 Referred to the House Committee on the Judiciary

04/21/2021 Passed the House by a vote of 217 to 7

**H.R. 2571**

**Advancing Mutual Interests and Growing Our Success (AMIGOS) Act**

The bill would extend E and E-2 trade and investor visas to Portuguese
citizens.

Sponsored by Representative David Cicilline (D-Rhode Island) (4

cosponsors - 3 Democrats, 1 Republican)

04/15/2021 Introduced in the House by Representative Cicilline

04/15/2021 Referred to the House Committee on the Judiciary

**H.R. 2579**

**Eradicate Crossing of Illegal Tunnels (EXIT) Act**

The bill would grant DHS the authority to waive federal and local
environmental regulations in under to better target border tunnels used
by smugglers. The bill also allows CBP to enter into "indefinite
delivery, indefinite quantity" contracts related to targeting and
filling border tunnels. It would also provide CBP the authority to
search for and remediate all cross-border tunnels while patrolling the
border.

Sponsored by Representative Vicky Hartzler (R-Missouri) (9

cosponsors - 9 Republicans, 0 Democrats)

04/15/2021 Introduced in the House by Representative Hartzler

04/15/2021 Referred to the House Committees on Homeland Security and on
the Judiciary

**H.R. 2684**

**Cuban Family Reunification Modernization Act**

The bill would allow U.S. citizens and green cardholders to apply for
Cuban family members to come to the U.S. and to have access to permanent
legal status. The bill would also authorize a naval station in Cuba to
help conduct interviews and background checks of potential
beneficiaries.

Sponsored by Representative Mario Diaz-Balart (R-Florida) (3 cosponsors
- 1 Democrats, 2 Republicans)

04/20/2021 Introduced in the House by Representative Diaz-Balart

04/20/2021 Referred to the House Committee on the Judiciary

**H.R**

**.**

**27**

**2**

**9**

**Finish the Wall Act**

The bill would require the administration to resume the construction of
barriers along the Southwest border. The bill would also prevent DHS
from cancelling any construction contracts related to the border wall
system, and it would require DHS to spend all funds appropriated or
obligated to the construction of border barriers since Fiscal Year 2017.
The bill would also require DHS to comply with existing statute relating
to biometric background checks of arriving migrants.

Sponsored by Representative Clay Higgins (R-Louisiana) (52 cosponsors
- 52 Republicans, 0 Democrats)

04/21/2021 Introduced in the House by Representative Higgins

04/21/2021 Referred to the House Committee on Homeland Security

**H.R. 2776**

**Border Patrol Agent Pay Reform Amendment Act of 2021**

The bill would provide Border Patrol agents more flexibility in
scheduling their work and in determining how they would receive
overtime.

Sponsored by Representative Tony Gonzales (R-Texas) (2

cosponsors - 1 Democrat, 1 Republican)

04/22/2021 Introduced in the House by Representative Gonzales

04/22/2021 Referred to the House Committee on the Oversight and Reform

**H.R. 2802**

**The American Border Rescue Plan Act**

The bill would allow state and local governments to use COVID-19
stimulus funds authorized under the American Rescue Plan Act to cover
costs associated with border security. r

Sponsored by Representative August Pfluger (R-Texas) (11

cosponsors - 11 Republicans, 0 Democrats)

04/22/2021 Introduced in the House by Representative Gonzales

04/22/2021 Referred to the House Committee on the Oversight and Reform

**H.R. 2805**

**Protecting the Rights of Towns Against Federal Enforcement Contrary to
Constitutional Tenets for Immigration (PROTECT Immigration) Act**

The bill would rescind the 287(g) program, which allows DHS to enter
into agreements with state and local law enforcement agencies for the
purpose of enforcing federal immigration law. The bill is a companion to
**S. 1336**
.

Sponsored by Representative Mike Quigley (D-Illinois) (7

cosponsors - 7 Democrats, 0 Republican)

04/22/2021 Introduced in the House by Representative Quigley

04/22/2021 Referred to the House Committee on the Judiciary

H.R. ___

**The Bipartisan Border Solutions Act**

The bill would create regional border processing centers, authorize
pilot programs to expedite the asylum process, improving access to legal
services and detention conditions, and provide additional resources and
personnel for border processing. The bill is a companion to **S. 1358**
.

Sponsored by Representative Tony Gonzales (R-Texas) (1 cosponsor - 1
Democrat, 0 Republicans)

04/22/2021 Introduced in the House by Representative Gonzales

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate and the U.S. House of
Representatives will be in session the week of Monday, April 26, 2021.

**UPCOMING HEARINGS AND MARKUPS****Harnessing the Power of
Immigrant-Owned Businesses to Build Back Better**

**Date:**Wednesday, April 28, 2021 at 12:15 PM ET (House Small Business
Committee)

Location: Virtual Hearing

**Witnesses:**

David Dyssegaard Kallick, Director of Immigration Research Initiative,
Fiscal Policy Institute

Daniel Fitzgerald, Acting Regional Director, San Diego & Imperial Small
Business Development Center Network

Jaja Chen, Co-Owner & Chief of Strategic Initiatives and Partnerships,
Waco Cha, LLC

Jose Ponce, President, Re/Max Gold

**Why Don't They Just Get in Line? Barriers to Legal Immigration**

**Date:**Wednesday, April 28, 2021 at 2:15 PM ET (House Judiciary
Committee)

Location: Virtual Hearing

**Witnesses:**

TBD

**Hearings to Examine the Non-Governmental Organization Perspective on
the Southwest Border**

**Date:**Wednesday, April 28, 2021 at 2:30 PM ET (Senate Homeland
Security and Governemntal Affairs Committee)

**Location:**Senate Dirksen Building, SD-342 and virtually

**Witnesses:**

TBD

**Unaccompanied Children at the Border: Stakeholder Perspectives on the
Way Forward**

**Date:**Tuesday, April 27, 2021 at 2:00 PM ET (House Homeland Security
Committee)

Location: Virtual Hearing

**Witnesses:**

Aaron Reichlin-Melnick, Policy Counsel, American Immigration Council

Robert Garcia, Mayor, Long Beach, California

Jennifer Podkul, Vice President for Policy and Advocacy, Kids In Need of
Defense

Lora Ries, Senior Homeland Security Research Fellow, Heritage Foundation

**THEMES IN WASHINGTON THIS WEEK**

**Federal**

****Bipartisan Group of Senators Hold Immigration Talks****According to
an April 23 Axios report
,
a bipartisan group of Senators met in a closed-door meeting on April 22
to further discuss and negotiate immigration-based legislative reform.
Democrats reportedly advocated

for the Senate to act on two

pieces

of legislation recently passed by the House of Representatives with
bipartisan support that would provide a pathway to permanent status for
Dreamers, Temporary Protected Status holders, and undocumented
farmworkers. Republicans in the meeting argued for the need to address
the southern border with additional border security and asylum reforms.

Following the meeting, Senator John Cornyn (R-Texas) said

the group agreed to draft a list of incremental reforms, so the
negotiations can "build from there." Senator Dick Durbin (D-Illinois)
said, "it was a very positive meeting and bipartisan....We want to
pursue a number of elements: the bills that came over from the House as
well as border security."

In addition to Senators Durbin and Cornyn, attendees at the meeting
included Republican Senators Lindsey Graham (R-South Carolina), Mike
Rounds (R-South Dakota), Susan Collins (R-Maine), and Lisa Murkowski
(R-Alaska), joined by Democratic Senators Alex Padilla (D-California),
Kyrsten Sinema (D-Arizona), Chris Coons (D-Delaware), Michael Bennett
(D-Colorado), Bob Menendez (D-New Jersey), Ben Ray Luján (D-New
Mexico), Catherine Cortez Masto (D-Nevada), and Patrick Leahy
(D-Vermont).

On April 23, Senators Cornyn and Sinema introduced the Bipartisan Border
Solutions Act
,
which aims to streamline border and asylum processing and improve access
to legal services for arriving migrants. Reps. Henry Cuellar (D-Texas)
and Tony Gonzales (R-Texas) introduced companion legislation in the
House of Representatives.

As the bipartisan discussions continue, on April 21 President Biden
reportedly

told members of the Congressional Hispanic Caucus that he was open to
moving immigration-related reforms through the budget reconciliation
process, if Republican support for key reforms is not forthcoming in the
Senate. The reconciliation process could allow reforms to pass with a
simple majority in the Senate and would not require bipartisan support.
However, on April 22, the White House clarified

that the President remains focused on working across the aisle on
immigration. Press Secretary Jen Psaki said

of the President that "his view is that the conversation right now
should not be focused on reconciliation. It should be focused on finding
a bipartisan path forward."

****Details Emerge Around White House Decision on Refugee Ceiling****A
number

of

reports

released

the week of April 19 revealed more information about the Biden
administration's issuance

and subsequent backtrack

of the record-low 15,000 refugee ceiling for fiscal year (FY) 2021 on
April 16. According to the reports, President Biden overruled top
foreign policy and national security aides, including Secretary of State
Antony Blinken, in his decision to first delay raising the refugee
ceiling and then in the signing of an April 16 determination that
maintained the historically low cap for fiscal year 2021. Blinken
reportedly

personally and repeatedly implored the President to raise the ceiling to
no avail.

On April 17, President Biden explained

that his decision to maintain the ceiling of 15,000 was due in part to
capacity issues at the Office of Refugee Resettlement (ORR) under the
Department of Health and Human Services, which is responsible for the
care and processing of unaccompanied children at the U.S.-Mexico border.
Advocates have noted

that while ORR plays a limited role after refugees have already been
resettled, responsibility for resettlement lies chiefly with the State
Department and resource constraints at ORR would not pose a significant
hurdle to a higher refugee ceiling.

Democrats and Republicans alike have criticized
 the
low 15,000 cap. On April 21, a group of  former Trump and George W.
Bush administration national security officials sent a letter
 urging the
administration "to move swiftly to admit pre-approved refugees because
they are not a security threat." Representative Ilhan Omar
(D-Minnesota), who arrived in the U.S. as a refugee, called

the April 16 determination "shameful."

After backtracking on the initial determination, the administration
stated

it would announce an increased refugee ceiling by May 15 for the
remainder of the fiscal year. In a call with advocates on April 16,
senior administration officials reportedly
said that
the ceiling could be officially raised "well before" then.

****Administration Allows More Seasonal Guestworkers****On April 20, the
Department of Homeland Security announced

it would raise the H-2B seasonal nonagricultural guestworker visa
ceiling by 22,000 to help meet workforce needs in the coming months. Of
the additional visas, 6,000 are set aside

to be used for workers from Guatemala, Honduras, and El Salvador to help
address the increase in irregular migration from the Northern Triangle
region.

The annual H-2B ceiling starts at 66,000 total visas, 33,000 for those
starting positions from October through March, and 33,000 for those
starting positions from April through September. However, despite strict
qualification requirements, visa demand often far outstrips supply
,
and Congress regularly permits

the administration to raise the cap by as much as 64,000 in annual
appropriations bills. The Trump administration had raised the H-2B cap

each of the past four years, by 15,000 in the spring of 2017 and 2018,
by 30,000 in the spring of 2019, and by 35,000 in the spring of 2020.

The H-2B visa program is used