Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday, May
21, 2021 is now posted.

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

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All the best,

Danilo

**LEGISLATIVE BULLETIN - Friday, May 21, 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. 1635**

**Temporary Family Visitation Act**

The bill would establish a new B-3 nonimmigrant visa category to allow
the family members of U.S. citizens and permanent residents to stay in
the U.S. for temporary periods. The U.S. resident would be required to
petition for their family members, including spouses, children,
grandchildren, grandparents, aunts, uncles, nieces and nephews. The bill
is a companion to H.R. 3215

**.**

Sponsored by Senator Rand Paul (R-Kentucky) (1

cosponsor - 1 Democrat, 0 Republicans)

05/13/2021 Introduced in the Senate by Senator Paul

05/13/2021 Referred to the Senate Committee on the Judiciary

**S. 1638**

**Fairness for Immigrant Families Act**

The bill would remove barriers for long-term immigrants to become lawful
permanent residents by eliminating bars to reentry and reestablishing
the 245(i) program for those with family ties to adjust their status.

Sponsored by Senator Catherine Cortez Masto (D-Nevada) (0 cosponsors)

05/13/2021 Introduced in the Senate by Senator Cortez Masto

05/13/2021 Referred to the Senate Committee on the Judiciary

**S. 1660**

**Health Equity and Access under Law (HEAL) for Immigrant Families Act**

The bill would remove barriers to health care for immigrants of all
statuses. The bill would also provide access to public health coverage
for DACA recipients. Additionally, the bill would remove the current
restrictions that prevent undocumented immigrants from purchasing health
coverage through the Affordable Care Act (ACA) marketplace.

Sponsored by Senator Cory Booker (D-New Jersey) (8

cosponsors - 7 Democrats, 1 Independent, 0 Republicans)

05/17/2021 Introduced in the Senate by Senator Booker

05/17/2021 Referred to the Senate Committee on Finance

**S. 1708**

**Filipino Veterans Family Reunification Act**

The bill would exempt children of Filipino World War II veterans from
the numerical limitations on immigrant visas. The bill is a companion to
H.R. 3336
.

Sponsored by Senator Mazie K. Hirono (D-Hawaii) (14

cosponsors - 11 Democrats, 2 Republicans, 1 Independent)

05/19/2021 Introduced in the Senate by Senator Hirono

05/19/2021 Referred to the Senate Committee on the Judiciary

**S. 1709**

**Assisting Narcotics and Trafficking Officers in Interdicting (ANTI)
Drugs Act**

The bill would increase resources for three law enforcement programs
focused on border security and combating drug trafficking: High
Intensity Drug Task Forces (HIDTA), Community Oriented Policing Services
(COPS), and Operation Stonegarden.

Sponsored by Senator Jon Tester (D-Montana) (1

cosponsor - 1 Republican, 0 Democrats)

05/19/2021 Introduced in the Senate by Senator Tester

05/19/2021 Referred to the Senate Committee on the Judiciary

**S. 1722**

**Protecting America from Spies Act**

The bill would allow the U.S. Department of State to deny visas to
individuals who have committed acts of espionage or intellectual
property theft against the United States. The bill is a companion to
H.R. 3343
.

Sponsored by Senator Ted Cruz (R-Texas) (1

cosponsor - 1 Republican, 0 Democrats)

05/19/2021 Introduced in the Senate by Senator Cruz

05/19/2021 Referred to the Senate Committee on the Judiciary

**H.R. 3189**

**A bill to require the Secretary of Homeland Security to submit a plan
to establish travel corridors at land-based border ports of entry to
facilitate cross-border travel at the northern border.**

Sponsored by Representative Michelle Fischbach (R-Minnesota) (3

cosponsors - 3 Republicans, 0 Democrats)

05/13/2021 Introduced in the House by Representative Fischbach

05/13/2021 Referred to the House Committee on the Judiciary

**H.R. 3195**

**Ending Sanctuary Cities Act**

The bill would prevent state and local governments that refuse to
cooperate with federal immigration authorities from receiving certain
federal grants.

Sponsored by Representative Glenn Grothman (R-Wisconsin) (9

cosponsors - 9 Republicans, 0 Democrats)

05/13/2021 Introduced in the House by Representative Grothman

05/13/2021 Referred to the House Committee on the Judiciary and the
Committee on Oversight and Reform

**H.R. 3214**

**A bill to protect children through eliminating visa loopholes**

Sponsored by Representative Scott Perry (R-Pennsylvania) (No

cosponsors)

05/13/2021 Introduced in the House by Representative Perry

05/13/2021 Referred to the House Committee on the Judiciary and the
Committee on Foreign Affairs

**H.R. 3215**

**Temporary Family Visitation Act (TFVA)**

This bipartisan bill would establish a new B-3 nonimmigrant visa
category specifically intended for relatives of U.S. citizens and
permanent residents. The new visa category would allow foreign nationals
to enter the United States temporarily for family purposes. The bill is
a companion to S. 1635
.

Sponsored by Representative Scott H. Peters (D-California) (5

cosponsors - 3 Republicans, 2 Democrats)

05/13/2021 Introduced in the House by Representative Peters

05/13/2021 Referred to the House Committee on the Judiciary

**H.R. 3239**

**To make improvements in the enactment of title 41, United States Code,
into a positive law title and to improve the Code**

Sponsored by Representative Scott Fitzgerald (R-Wisconsin) (0
cosponsors)

05/14/2021 Introduced in the House by Representative Fitzgerald

05/14/2021 Referred to the House Committee on the Judiciary

**H.R. 3336**

**Filipino Veterans Family Reunification Act**

The bill would exempt children of Filipino World War II veterans from
the numerical limitations on immigrant visas. The bill is a companion to
S. 1708
.

Sponsored by Representative Ed Case (D-Hawaii) (23

cosponsors - 22 Democrats, 1 Republican)

05/19/2021 Introduced in the House by Representative Case

05/19/2021 Referred to the House Committee on the Judiciary

**H.R. 3343**

**Protecting America from Spies Act**

The bill would allow the U.S. Department of State to deny visas to
individuals who have committed acts of espionage or intellectual
property theft against the United States. The bill is a companion to S.
1722
.

Sponsored by Representative Vicky Hartzler (R-Missouri) (10

cosponsors - 10 Republicans, 0 Democrats)

05/19/2021 Introduced in the House by Representative Hartzler

05/19/2021 Referred to the House Committee on the Judiciary

**LEGISLATIVE FLOOR CALENDAR**The U.S. Senate will be in session the
week of Monday, May 24, 2021.

The U.S. House of Representatives will not be in session the week of
Monday, May 24, 2021.

**UPCOMING HEARINGS AND MARKUPS****Department of Homeland Security
Resource Management and Operational Priorities**

**Date:**Wednesday, May 26 at 10:00 am ET (House Appropriations
Committee)

Location: Virtual

**Witnesses:**

Alejandro Mayorkas, Secretary, Department of Homeland Security

**Hearings to Examine Proposed Budget Estimates and Justification for
Fiscal Year 2022 for the Department of Homeland Security**

**Date:**Wednesday, May 26 at 2:00 pm ET (Senate Appropriations
Committee)

**Location:**Dirksen Senate Office Building SD-138

**Witnesses:**

Alejandro Mayorkas, Secretary, Department of Homeland Security

**THEMES IN WASHINGTON THIS WEEK**

****Federal****

****Biden Meets DACA Recipients while USCIS Promises new Rules to
Fortify the Program****On May 14, President Biden met

with six recipients of Deferred Action for Childhood Arrivals (DACA), a
program that provides protection from deportation and work authorization
to Dreamers. Following the meeting, President Biden renewed his call for
Congress to find a permanent legislative solution for DACA recipients
and other Dreamers and reiterated his commitment to passing immigration
reform.

Also after the meeting, a spokesperson for U.S. Citizenship and
Immigration Services (USCIS) said that that strengthening DACA
 via
regulatory policy is a top priority for the agency. "It's something that
we are committed to get done within months, not years," the spokesperson
said, "because we know how important the program is." The agency's
work on a new rule to fortify DACA comes as the fate of the program
hangs in the balance in an ongoing court case in Texas, in which nine
states have challenged the legality of the program. It remains unclear
whether a decision in the case is imminent or whether the judge will
wait until the rulemaking is completed to make a ruling.

****Administration Clarifies Exemptions to CDC Border Rule****On May 18,
a spokesperson for the Department of Homeland Security (DHS) confirmed

that the administration is establishing new processes for certain
vulnerable migrants arriving at the U.S.-Mexico border to apply for
asylum at ports of entry. Currently, under a pandemic-era Centers for
Disease Control and Prevention (CDC) health rule called Title 42. the
majority
of
all arriving migrants continue to be immediately expelled, including
those seeking humanitarian protection. Under the newly-created
exceptions to Title 42, the Biden administration will allow
approximately 250 asylum seekers into the United States for processing
each day, or up to 7,750 each month. Family units and single adults who
are deemed to fit particular vulnerability criteria by local advocacy
groups and legal service providers will be eligible for this process.

The new process stems from negotiations between the administration and
the American Civil Liberties Union (ACLU) related to ongoing federal
litigation

on the legality of Title 42. The administration is already exempting an
increasing number of asylum seekers from the rapid expulsions, including
49,739

individuals in April. There has been uncertainty surrounding the
implementation of these exemptions, however, with some voicing criticism
that the process has been haphazard

and lacks transparency. DHS has noted

that Mexico's reluctance to receive migrants in certain border sectors
is contributing to the uncertainty. While the new process will be
available for a smaller number of individuals, a spokesperson for the
ACLU said

it is designed to create a more "streamlined process for assessing and
addressing" exemptions.

In conjunction with the clarified exemption process, the administration
may also resume "lateral flights" of migrants from one border sector to
another in order to facilitate Title 42 expulsions. The flights had been
paused

as negotiations with the ACLU continued. The use of lateral flights are
among multiple aspects of the administration's border response which
have garnered criticism from migrant advocacy groups and legal service
providers. On May 20, the United Nations High Commissioner for Refugees
Filippo Grandi released a statement

calling on the U.S. to end the use of Title 42 expulsions entirely,
noting that the expulsions have had "serious humanitarian consequences
in northern Mexico."

According to a May 16 report
,
a number of arriving asylum seekers at the border are fleeing from
countries and areas that do not often send migrants to the U.S. The
report suggests a number of these individuals are "pandemic refugees"
who are fleeing the particular social and economic impacts of COVID-19
on their communities.

****Afghans Who Assisted US Troops Fear Being Left in Danger, Protest
Slow Visa Process****According to a May 17 report
,
a group of former interpreters and others who have assisted U.S. forces
in Afghanistan gathered in Kabul to protest delays in U.S. processing of
their Special Immigrant Visa (SIV) applications ahead of the American
troop withdrawal scheduled for September 11. SIVs are available to
individuals and their dependents who have worked for at least two years
for the U.S. government in Afghanistan, who have received a letter of
recommendation from a U.S. citizen supervisor, and who can demonstrate a
threat to their life or livelihood on the basis of their assistance to
the U.S. government.

The SIV application process involves extensive vetting and medical
screening, causing the application process to take longer than three
years

in many cases. Approximately 18,000 applicants are currently waiting in
the pipeline after receiving initial approval from the State Department
and an additional 5,000 are still waiting for initial action on their
applications.

Interpreters and other Afghans who are eligible for SIVs argue that the
approaching withdrawal puts them at even greater risk as they wait for
U.S. action. "We are not safe," said

one. "They are absolutely going to kill us." Since 2016, at least 300

interpreters have been killed in Afghanistan.

Lawmakers from both sides of the aisle in the House of Representatives
have lamented

the lack of urgency from the administration in assisting the population.
Representative Michael Waltz (R-Florida), who worked with interpreters
during his deployment in Afghanistan, said
,
"the day the last U.S. soldier goes wheels up out of Bagram air base,
we've handed these people a death sentence."

****Mayorkas Directs ICE to Close Two Embattled Immigration Detention
Facilities****On May 20, DHS Secretary Mayorkas directed

Immigration and Customs Enforcement (ICE) to close two immigration
detention facilities that have been the source of multiple allegations
of abuse and medical mistreatment.

One of the facilities, the Irwin County Detention Center in Georgia, was
referenced in a September 14 whistleblower complaint

alleging that numerous female detainees were subject to medical
negligence and neglect, including a high rate of unwanted invasive
procedures, such as hysterectomies. At least 57 women

held at the facility said they underwent unnecessary gynecological
treatments, and a panel of outside experts concluded

after reviewing available medical records that there was a pattern of
"unwarranted or medically aggressive treatment" at the facility.

The other facility, the C. Carlos Carreiro Immigration Detention Center
in Bristol County, Massachusetts, was the site

of a clash between detainees and law enforcement officials on May 1,
2020 related to inadequate provision of COVID-19 testing at the
facility. The Massachusetts Office of the Attorney General concluded

that the Bristol County Sheriff's Office (BCSO) was responsible for "a
series of institutional failures and poor decisions" leading up to and
during the clash, including the unnecessary and excessive use of "a
flash bang grenade, pepper-ball launchers, pepper spray canisters,
anti-riot shield, and canines."

In his memo to ICE, Secretary Mayorkas wrote that "we will not tolerate
the mistreatment of individuals in civil immigration detention or
substandard conditions of detention." According to a May 14 report
,
ICE has been slow to vaccinate immigrant detainees, even as vaccines
became available to all other U.S. adults. While vaccination has begun
in certain facilities, ICE still has no nationwide plan to vaccinate the
detained population, which was 16,721

detainees as of May 12.

****DHS, HHS Budgets Take Hit as Agencies Respond to Migration at the
Southern Border ****The Department of Homeland Security (DHS) and the
Department of Health and Human Services (HHS) are both facing financial
difficulties

as they work to recover from resource constraints related to the
COVID-19 pandemic and to redirect funding to manage the recent influx of
migrants at the U.S.-Mexico border.

In a House Appropriations Committee hearing on May 19, Chairwoman
Lucille Roybal-Allard (D-California) said

it was "unlikely" that Customs and Border Protection (CBP), an agency
under DHS, would have enough funding to remain operational for the
remainder of the fiscal year without additional supplemental funding
from Congress. In the hearing, acting director of CBP Troy Miller said
that the agency had lost revenue as a result of a decline in immigration
and customs fees during travel restrictions during the COVID-19
pandemic.

HHS has also faced financial issues, particularly relating to the
increase in arriving unaccompanied children at the border. HHS is
largely responsible for caring for the children while they are processed
before being placed with family members, other sponsors, or foster care.
The agency has diverted $2.13 billion

from other initiatives to respond to the 2021 border influx, including
resources initially designated for COVID-19 testing and to replenish the
nation's emergency medical reserve stockpile, which is used to
supplement medical supplies and equipment to states and localities
during public health emergencies.

In the May 19 hearing, Representative Henry Cuellar (D-Texas) suggested

the administration may seek supplemental funding from Congress for
agencies to help address the situation at the border.

****More Parents of Migrant Children Found After Separation During Trump
Administration****The parents of 54 migrant children have been located
 after
being separated at the border during the Trump administration, according
to a May 12 court filing. The pro bono lawyers appointed by a federal
judge in California to reunite these immigrant families have found all
but the parents
 of
391 children, down from 445 in April. The committee is independent from
an interagency task force established by the Biden administration to
identify children separated from their families at the U.S.-Mexico
border during the Trump presidency and to facilitate the reunification
of those families. The Biden task force has estimated that as many as
1,000 families may remain separated.

It has been difficult for the pro bono lawyers to find the parents of
many children, but as they have made progress in investigating the
separations, they now believe

that the parents of 227 of the children were deported, 100 are located
in the U.S., and 14 lack contact information and remain unreachable.

****Biden Reverses Proclamation Requiring Immigrants to Provide Proof of
Insurance****On May 14, President Biden reversed

a 2019 Trump executive action that required proof of health care
insurance or ability to pay for medical care before issuing visas
 leading
to lawful permanent resident (LPR) status to future immigrants.
President Biden also ordered

agency leadership at State, DHS, and HHS to review regulatory orders,
guidance documents, and administrative acts that were executed pursuant
to the 2019 proclamation and make revisions that reflect the change in
policy. In doing so, the Biden administration expressed

its commitment to increasing access to healthcare without excluding
individuals based on their immigration status.

****Advocates Expect Low Refugee Resettlement Total****According to a
May 16 report, refugee advocates and others involved in refugee
resettlement believe

the Biden administration will only be able to resettle between 10,000
and 15,000 refugees for the remainder of fiscal year (FY) 2021, far
lower than the ceiling of 62,500 set by President Biden on May 3. As of
May 16, only 2,500 refugees had been resettled since the beginning of
the fiscal year in October 2020, putting the U.S. on pace for a historic
low. In announcing the modified refugee ceiling earlier this month,
President Biden acknowledged that the administration would fall short of
reaching the increased ceiling.

One factor contributing to the slow pace of refugee admissions was the
president's long delay in setting a revised admissions ceiling.
Resettlement agencies have only recently been able to begin to rebuild
capacity, and many refugees had their flights postponed

as a result of the delay, some of whom will now need updated health
screenings and renewed documents prior to being resettled.

****Legal****

****Biden Expands Programs Offering Legal Aid to Immigrants****On May
18, President Biden signed
 a presidential
memorandum to expand access to legal representation for immigrants and
other vulnerable Americans. The memo included a plan to restore and
re-establish two initiatives which have worked to improve access to
counsel for immigrants and others. The first, the U.S. Department of
Justice's Access to Justice initiative, supports civil legal aid
providers and public defenders across the country. The presidential
memorandum also re-established the White House Legal Aid Interagency
Roundtable, a group which works with other government agencies to raise
awareness of the importance of legal representation and address
challenges to accessing it. Both programs were dismantled during the
Trump administration.

Because immigration court proceedings are administrative, not criminal,
the constitutional right to counsel does not extend to immigrants with
cases in immigration court. While those in proceedings may retain
representation at their own expense, the federal government does not
provide them with counsel at government expense. Data shows that
detained immigrants who are able to find legal representation in
immigration cases are twice as likely

to win their cases.

**GOVERNMENT REPORTS**

**Office of the Inspector General (OIG):****DHS Law Enforcement
Components Did Not Consistently Collect DNA from Arrestees**
;
May 17, 2021In this report, the Department of Homeland Security's
(DHS) Office of the Inspector General (OIG) describes an audit conducted
on DHS law enforcement agencies. The audit revealed that four out of
five agencies, including Immigration and Customs Enforcement (ICE) and
Customs and Border Protection (CBP), did not consistently collect DNA
samples from those they arrested, or did not collect any samples at all.
Department of Justice regulations under the

**DNA Fingerprint Act of 2005**require federal law enforcement agencies
to collect DNA samples from arrestees. OIG found that these agencies did
not collect DNA from approximately 88% of arrestees between 2018-2019.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Addressing
Increases in Migration at the Southern Border**
This
resource provides policy recommendations that would create more humane
and efficient border processing, refocus on regional approaches that
combat trafficking networks and address the root causes of migration,
and enact practical border security fixes that address key remaining
vulnerabilities.

**The Math of Immigration Detention, 2018 Update: Costs Continue to
Multiply**
This
paper examines the current cost to American taxpayers of detaining
hundreds of thousands of immigrants annually, as well as highlights the
increase in the "bed rate" and the detention bed quota from fiscal year
(FY) 2010 to FY 2018. This is an update to the 2013 Math of Immigration
Detention
 paper.

**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 U.S.-Mexico border, including information on the U.S.
Department of Justice's (DOJ) former "zero-tolerance policy" that
entailed prosecuting all individuals crossing the border between ports
of entry without authorization.

* * *

*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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